Universities Must Expel Students Who Commit Sexual Harassment

Sexual harassment and assault on university campuses are serious issues that can impede a student's safety, comfort, and equal access to education. While universities have a responsibility to address and prevent sexual misconduct, the handling of such cases is often inconsistent and ineffective. This raises the question of whether universities should expel students found responsible for sexual harassment. This paragraph will discuss the arguments and considerations surrounding this complex topic.

The prevalence of sexual harassment in universities

Sexual harassment is a pervasive problem on college campuses, affecting students in the US, Nigeria, Ethiopia, and Sweden, among other countries. In the US, federal law requires universities to respond promptly and effectively to complaints of sexual assault and harassment, which is defined as any sexual contact or behaviour that occurs without explicit consent. Title IX, a federal civil rights law, prohibits sex discrimination, including sexual harassment and sexual violence, in any educational institution that receives federal funding. Despite these laws and policies, the prevalence of sexual harassment in universities remains a significant issue.

Several studies have been conducted to understand the prevalence and impact of sexual misconduct in higher education. One study found that approximately 20-25% of female students in the USA have experienced sexual harassment, with slightly lower numbers for female staff. Another study reported that 22% of college women in the US have experienced dating violence, and nearly 20% have experienced completed or attempted sexual assault since starting college. These numbers suggest that female students are disproportionately affected by sexual harassment and assault, impeding their safety, comfort, and equal access to education.

The impact of sexual misconduct on students can be devastating, leading to mental health issues, disrupted studies, and even causing some students to leave higher education altogether. Additionally, there is a strong link between heterosexist harassment and depression, anxiety, problematic alcohol use, and lowered physical health. The consequences of sexual harassment are serious and far-reaching, underscoring the importance of addressing this issue in universities.

Various organisations are working to tackle sexual misconduct in universities and support victims. The Office for Students (OfS) in the UK, for example, has published a statement of expectations and a student guide with recommendations for preventing and addressing harassment and sexual misconduct. Universities such as the University of Oregon and Rutgers have implemented confidential advocate programs to support assault survivors. Additionally, training programs on sexual coercion have been shown to be effective in reducing the risk of sexual assault, with female first-year students who completed a 12-hour program 46% less likely to be sexually assaulted.

While progress has been made, it has been slow and uneven, and students themselves may not be feeling the full impact of these changes. To address this, universities should clearly communicate their approach to preventing and responding to all forms of harassment and sexual misconduct. They should also ensure that support services are easily accessible, such as by providing crisis help phone numbers on student ID cards, as done by the University of Oregon.

Support for victims of sexual harassment

Universities have a responsibility to support victims of sexual harassment and assault. Unfortunately, sexual harassment is a pervasive problem on college campuses, and many universities have been criticised for not having adequate support services in place. However, there are several ways universities can provide support for victims of sexual harassment.

Firstly, universities should ensure that victims have access to confidential support services. This can include providing a crisis help phone number on student ID cards, as the University of Oregon does, or offering online support tools. Confidential advocates, similar to counsellors at rape crisis centres, can provide valuable support to victims by informing them of their options and helping them navigate the reporting process. These advocates can also assist with issues such as moving a victim to a different residence or class to avoid contact with their harasser.

Secondly, universities should encourage victims to report their experiences so that action can be taken against the perpetrator if desired. This can be done by ensuring that the reporting process is victim-friendly and that victims feel empowered to speak out. For example, Brigham Young University introduced an amnesty clause, meaning that victims could no longer be disciplined for violations of religious rules when reporting sexual harassment.

Thirdly, universities should provide long-term mental health support to victims of sexual harassment, given the potentially devastating impact of such experiences on a student's mental health. This support should continue throughout a victim's time at university and, where possible, beyond.

Finally, universities should take proactive steps to prevent sexual harassment and assault from occurring in the first place. This can include implementing resistance training programs for students, which have been shown to be effective in reducing the risk of sexual assault. Additionally, universities should ensure that all staff and students are aware of their rights and obligations under Title IX, which prohibits sex discrimination, including sexual harassment and violence, in any school program or activity.

In conclusion, while sexual harassment and assault are unfortunately common occurrences on college campuses, universities have a responsibility to provide comprehensive support to victims. This includes ensuring access to confidential support services, encouraging reporting, providing long-term mental health support, and taking proactive steps to prevent harassment and assault.

The role of Title IX in addressing sexual harassment

Under Title IX, schools must take steps to stop sexual harassment and prevent its recurrence. This may include putting interim measures in place, providing accommodations, and taking disciplinary action against perpetrators. Schools should also have a Title IX coordinator who monitors compliance with the law and is available to investigate and respond to incidents. The coordinator should be accessible to students, faculty, and staff. Additionally, schools must make accommodations and interim measures available to students affected by sexual harassment or violence, such as changing class schedules or providing campus escort services.

The impact of sexual harassment on victims

Sexual harassment and sexual violence are forms of sex discrimination, and victims can experience profound impacts on their lives. The effects of sexual harassment can be devastating, with victims suffering from mental ill health, disrupted studies, and even dropping out of higher education. Female students are disproportionately affected, and their safety, comfort, and equal access to education are impeded.

Victims of sexual harassment may also experience a loss of trust and feel unsafe in their environment. This can lead to social isolation and a sense of disengagement from their academic community. They may struggle to participate in activities and feel a constant fear of being subjected to further harassment, violence, or abuse. The impact can extend beyond the immediate victim, as it can also affect their peers, friends, and family members.

Additionally, victims may face challenges in navigating the reporting and legal processes. They may not know where to turn for help or feel intimidated by the prospect of filing a complaint. The burden of proof can be heavy, and victims may be retraumatized by cross-examination during live hearings. In some cases, victims may feel that their complaints are not taken seriously or that the investigation process is inadequate, which can further compound their trauma.

It is important to recognize that the impact of sexual harassment on victims can vary depending on individual factors such as personal history, cultural background, and the nature of the harassment. Nonetheless, the consequences can be severe and long-lasting, underscoring the need for universities to implement effective prevention, support, and response measures.

Consequences for perpetrators of sexual harassment

Universities have a responsibility to address sexual harassment and assault on campus and to support victims. Federal law requires universities to respond promptly and effectively to complaints of sexual assault, and schools have obligations under Title IX to stop sex discrimination, prevent its recurrence, and address its effects.

• Disciplinary action: The university may take disciplinary measures against the perpetrator, which could include expulsion, suspension, or other academic sanctions.
• Legal consequences: Sexual harassment and assault are often illegal and can result in criminal charges and prosecution. Victims can file complaints with the university, and if the school fails to properly investigate or address the issue, they can also file a complaint with the U.S. Department of Education's Office for Civil Rights (OCR) or other external organizations.
• Interim measures: Universities may implement interim measures to protect the victim and prevent further harassment. This could include changing class schedules, providing campus escort services, or issuing restraining orders.
• Educational consequences: Perpetrators may be required to participate in educational programs or training on sexual harassment, consent, and healthy relationships.
• Loss of privileges: The university may revoke certain privileges or access to campus facilities for perpetrators of sexual harassment.
• Social consequences: Sexual harassment can have significant social repercussions for the perpetrator, including damage to their reputation and relationships within the university community.

It is important to note that the consequences should be proportional to the severity of the offense and should follow a fair and transparent process that respects the rights of both the victim and the accused. Universities should also focus on prevention and education to create a safe and respectful environment for all students.

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