This review brings together both the legal literature and original empirical research regarding the advisability of amending the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act or creating new Department of Education regulations to mandate that all higher education institutions survey their students approximately every 5 years about students' experiences with sexual violence. Legal research conducted regarding the three relevant federal legal regimes show inconsistent incentives for schools to encourage victim reporting and proactively address sexual violence on campus. Moreover, the original research carried out for this article shows that the experience of institutions that have voluntarily conducted such surveys suggests many benefits not only for students, prospective students, parents, and the general public but also for schools themselves. These experiences confirm the practical viability of a mandated survey by the Department of Education.
Beginning in 2009, hundreds of thousands of students and their allies began to mobilize against campus sexual assault, organizing around the groundbreaking civil rights statute, Title IX of the Education Amendments of 1972, and achieving remarkable progress in advancing gender equality in only about a decade. Moving from the Title IX movement’s genesis during the Obama administration to the movement’s direct-action protests and litigation challenging regulations issued in May 2020 by then-Secretary of Education Betsy DeVos, this chapter tells the story of how Title IX and the student movement interacted from 2009 to 2020. During these years, the movement not only weathered backlash but also influenced later feminist movements such as #MeToo and nonfeminists’ understanding of sexual harassment, demonstrating the continued power and promise of both feminist law and feminist organizing.
Over the last decade or so, various legal schemes such as the statutes and court or agency enforcement of Title IX and the Clery Act have increasingly recognized that certain institutional responses perpetuate a cycle of nonreporting and violence. This paper draws upon comprehensive legal research conducted on how the law now regulates school responses to campus peer sexual violence to show that schools face much greater liability from failing to protect the rights of campus peer sexual violence survivors than of any other group of students, including alleged assailants. By encouraging their institutions to develop more victim-centered responses to campus peer sexual violence, advocates for women in higher education can respond to the current legal environment, properly confront this problem, and help their schools avoid liability.
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