Tuesday, July 25, 2017
Scholarship: Re-Conceptualizing the Response to Campus Sexual Violence in a Closed Institutional System
Campus sexual assault is being discussed in the mainstream media recently following Education Secretary Betsy DeVos's statement that the ED's current guidelines to campuses are not adequately protecting students accused of sexual assault and statements by the acting assistant secretary for civil rights stating that Title IX rules result in false accusations. In their essay, Toward a Civilized System of Justice: Re-Conceptualizing the Response to Sexual Violence in Higher Education, authors Hannah Brenner (California Western) and Kathleen Darcy (Michigan), raise a different aspect of the problem: that the closed institutional nature of higher education settings add to the difficulty of holding people accountable for campus sexual assault. The authors view campuses through the characteristics of prison and the military, and conclude that colleges' quasi-closed system may hinder "crafting better remedies to both prevent and reform the response to sexual violence." The essay is Toward a Civilized System of Justice: Re-Conceptualizing the Response to Sexual Violence in Higher Education, 102 Cornell L. Rev. Online 127 (2017), and is available here.