Expanding options amp individualizing consequences Mary P Koss UC Berkeley April 11 2015 Applicable Legislation amp guidelines Title IX of Civil Rights Act 1972 Clery Act 1990 ID: 277952
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Slide1
sexual misconduct:Expanding options & individualizing consequences
Mary P. Koss
UC Berkeley April 11, 2015Slide2
Applicable Legislation & guidelines
Title IX of Civil Rights Act (1972)
Clery
Act (1990)
Campus SA Victims Bill of Rights (1992)
VAWA guidelines (June, 2014)
OCR
USDOE Sexual Harassment Guidance (2001)
Dear Colleague Letter (2011)Slide3
Physical and Sexual Violence
Facilities
Athletics
Verbal Sexual Harassment
Unequal Pay
Admissions & Financial Aid
Primary
C
rimes
Hate Crimes
Missing persons
Emergency Alerts
Crime Log
Timely Warning
Drug, Alcohol & Weapons
Title IX
VAWA
Clery
Act
Graphic from SUNYSlide4
Defining sexual misconductSlide5
Probability of commiting RapeSlide6
Survivor needs
Survival: safety, housing, academic, economic
Justice:
Treated as a legitimate victim
Express
impact & ask questions
Make decisions about caseSlide7
Empowering and Individualizing
Victim choice is meaningful only when there are alternatives
Heterogeneity
of perpetrators and offenses suggests sanctions must address root causes
Responses
that
accommodate variation in justice needs must be both flexible but within guidelinesSlide8
Quasi-Judicial resolution
Conduct an impartial investigation
Provide
due process to complainant and respondent
Use preponderance of evidence
Ensure equal access to lawyers and chance to present evidence & witnesses
Restrict parties from directly speaking to each other or cross-examining
Provide appeals processMaintain a written record Slide9
Mediation
Resolves conflicts between disputants
Takes a neutral stance: no wrongdoer
Assumes a level
playing
field: no attention to gender of incident-related impact on ability to speak and be heard
Is a negotiationSlide10
Restorative Justice Principles
Harm has been done and the person who did it must accept responsibility for repair
Justice balances three interests: Direct and secondary victims, wrongdoer, and the community
Those harmed must have space to express impact and ask questionsSlide11
Student Conduct Management goals
Advance inter- and intrapersonal competence
Build moral complexity
Enhance social responsibility
Promote civic participation
Strengthen community