Compelled disclosure of college sexual assault.

Abstract

Sexual assault is a widespread problem on college campuses. In response, many institutions are developing policies mandating that certain employees report any student disclosure of sexual assault to university officials (and, in some cases, to police), with or without the survivor's consent. These policies, conceptualized here as , have been prompted and shaped by federal law and guidance, including Title IX and The Clery Act. Proponents of compelled disclosure assert that it will increase reports-enabling universities to investigate and remedy more cases of sexual assault-and will benefit sexual assault survivors, university employees, and the institution. However, many questions remain unanswered. How broad (or narrowly tailored) are contemporary compelled disclosure mandates in higher education? Do any empirical data support assumptions about the benefits of these policies? Are there alternative approaches that should be considered, to provide rapid and appropriate responses to sexual violence while minimizing harm to students? The current article begins with an overview of federal law and guidance around compelled disclosure. Next, a content analysis of a stratified random sample of 150 university policies provides evidence that the great majority require most, if not all, employees to report student sexual assault disclosures. A review of the literature then suggests that these policies have been implemented despite limited evidence to support assumptions regarding their benefits and effectiveness. In fact, some findings suggest negative consequences for survivors, employees, and institutions. The article concludes with a call for survivor-centered reforms in institutional policies and practices surrounding sexual assault. (PsycINFO Database Record

Examining Responsible Employees’ Perceptions of Sexual Assault Reporting Requirements Under Federal and Institutional Policy

“…If a student discloses an experience of sexual assault, Responsible Employees are required to report that sensitive information to university officials and place the student in contact with (potentially unwanted) formal support systems—what happens during this process can have serious implications for survivors’ well‐being (Campbell, ). Given the expansion of mandatory reporting policies in higher education (see Holland et al., ), Responsible Employees’ attitudes toward this role can be central to campus sexual assault response efforts. RAs, in particular, are deeply enmeshed in the campus community and gaining a better understanding of their perspectives may help administrators create more student‐informed, survivor‐focused policies.…”

“…Little is known about how Responsible Employees’ perceive their reporting mandate, and what factors predict their feelings toward mandatory reporting, but research on medical reporting laws can be helpful here (Holland et al., ). Prior research focusing on medical mandatory reporting laws for intimate partner violence (IPV) have found that healthcare providers believe IPV reporting laws make it challenging to help patients and could cause harm (Davidov, Jack, et al., ; Gerbert et al., ).…”

“…Survivors who receive positive, supportive reactions following a disclosure report better mental health (e.g., Campbell, 2008;Orchowski, Untied, & Gidycz, 2013;Ullman, 1999), while negative, unsupportive reactions exacerbate survivors' psychological distress (e.g., Orchowski & Gidycz, 2015;Orchowski et al, 2013;Ullman, & Relyea, 2016). Policies that require employees to report a student's identifying information to the university after a sexual assault disclosure even if the student does not want to report may be experienced negatively by employees and students (Holland et al, 2018). Regaining a sense of control can be a key part of healing after sexual trauma (e.g., Frazier, 2003;Walsh & Bruce, 2011;Zweig & Burt, 2007).…”

“…Help‐providers’ responses to disclosures can have a profound impact on survivors’ well‐being (Ahrens, Stansell, & Jennings, ; Campbell, ). Thus, university mandatory reporting policies for sexual assault can have significant implications for both reporters’ and students’ lives, but there is a notable lack of research on how Responsible Employees perceive this role (Holland, Cortina, & Freyd, ). The current study addressed this gap by examining RAs’ perceptions of their mandatory reporting role and factors associated with these perceptions.…”

So you want to address sexual harassment and assault in your organization? Training is not enough; Education is necessary

“…Dworkin, Brill, & Ullman, 2019) is necessary to nurture a traumainformed disclosure and reporting environment. For instance, only by eradicating illiteracy through education will reporting policies be designed in ways that support survivors (Holland, Cortina, & Freyd, 2018).…”