For those of you who may not know James Madison University has a new policy regarding sexual harassment and assault. This new policy is worded as follows:
“When someone reports an incident of sexual violence to you (the faculty), you are required by university policy to report this disclosure. You do not have the discretion to keep the disclosed information confidential. You should inform any person reporting sexual harassment or sexual violence to you that you are unable to remain silent once you have information, and urge that person to talk with the Director of Equal Opportunity for appropriate resources (8-6991). The DEO does have the ability to decide what information should be disclosed and will decide on a case by case basis in collaboration with the victim.”
To sum up, what this means is that if a student decides to talk to a faculty member about a personal case of sexual violence or harassment the faculty member is then administratively required to disclose not just the information about the incident, but the information of the victim as well. This new policy stems from JMU attempting to be in compliance with both the Clery Act and Title IX. The Clery Act, also referred to as “Your right to know”, makes it so that all universities and colleges are required to keep track of and disclose to the public the number and types of criminal incidences that occur on or near campus; this includes sexual violence and sexual harassment. While most people think of Title IX as the policy that regards equal opportunity in sports for both men and women there is another component that deals specifically with sexual violence. It requires universities to actively fight against sexual discrimination, have policies in place to deal with sexual discrimination, violence, and/or harassment, and to protect the victim from retaliation and further discrimination, violence, or harassment.
These two policies are good things they are actively trying to stand up for the victim and allowing the community to freely know what is going on at the universities. I can even understand why JMU is enacting this policy and what they hope to gain from its implementation. To help fight sexual violence and harassment on campus it would be of great help to know how many cases are actually occurring. This new policy would help JMU to collect a more accurate assessment of incidences on and around campus. The enforced discretion would also help the victims in question get the help and guidance that they may need after going through such a difficult time. This sharing of information may also help the university to keep track of perpetrators and possibly help prevent or stop repeat offenders. I get it, there are possible benefits to these policies, but honestly I think JMU is going about this the wrong way entirely.
The Center for Public Integrity has already done a study that has shown that a policy of this sort, which was done at Ohio University, actually caused students to be less likely to come forward about such incidences. When a person goes through the experience of a sexual violation they often have to deal with the loss of control. They have literally lost control of their bodies which often creates a loss of emotional control. One way that a person may deal with this is confiding in a faculty member who they feel close to or see as a supporting force. With the administration requiring these faculty members to report such disclosures, against the victims will, they are not only ripping away a means to cope with a situation, but also ripping away the ability for the victim to reestablish control in their lives. Essentially, the university policy is adding another kind of assault to the victims by requiring this information to be shared with the Director of Equal Opportunity and others that the DEO decides to inform.
It is important that we as the JMU community stand against such a policy. We should stand with the right of the victim to disclose to who they want, when they want, and the way that they want to. Faculty should be able to hold these conferences without having to disclose and without fear of administrative repercussions in doing so. The University should put the rights of the victim first in their thought process and realize that this policy is not succeeding in keeping with this concept. There are better ways that the JMU administration can help victims of sexual assault, ways that leave control in the hands of the victim without stripping them of finding a resource in a faculty member. I cannot support this new policy because I stand for the victim and their privacy to heal in a way that they choose.
What do you think of this new policy? Are you upset that it hasn’t been told to the student population? Do you think that there are other ways the university can follow the Clery Act and Title IX? Let me know in the comments! Or take the poll!
ShoutOut! James Madison University 
I agree completely with you. I think that by enacting this new policy, as you said, JMU was trying to do a Good Thing. However, in doing so, they’ve stripped more control away from sexual assault victims. It kind of sucks to be told that if I was in that situation, I would either have to keep it completely quiet from any JMU faculty…or just expect my personal and painful information to be (possibly) aired out to any JMU faculty or staff member who thinks they are entitled to it. I don’t support this policy.
LikeLike
Great post! Question- as “Your Right to Know” being state law, was JMU forced to enact this policy? In other words, who is to blame here? The JMU administration or the Virginia government? These are big questions while I consider being an Alumni donor.
LikeLike
Thank you! Great question! While the Clery Act is a state law there are no specific guidelines as to how it should be carried out. JMU has decided to take a very conservative interpretation of the combined Acts which just so happen to leave the victims in the dust. There are other ways that JMU could be in compliance with these policies without giving up victim information. Even just requiring faculty to report cases without victims personal information would be a start.
LikeLike
Although I completely agree with the emotional toll that this involuntary sharing of information may take on the victim choosing to share, sexual assault is still a crime. And that is something that should not be so lightly overlooked. I do believe that there should be some sort of reporting policy in place, seeing as that the majority of sexual crimes go unreported. I get that the fact that the DEO can choose what information is disclosed and such is scary and may be something that needs to be looked at, but it does say that they meet with the victim. I honestly think that they know how to handle these sensitive situations and are not going to do things like distribute the victim’s name all over campus.
That being said, they definitely need to do a better job with distributing this information. EVERY SINGLE PERSON ON CAMPUS should know that if they choose to talk with a faculty member, their information will be reported. I for one sure didn’t know that.
Sexual violence changes people like you said. It does take away the victim’s feeling of control. My best friend was raped last Spring and it destroyed her. But you know what destroyed her even more? The fact that her rapist still went out every weekend, still went home with girls every weekend, and still lived a completely normal life with no repercussions for his actions. She reported the crime but some people might not have the courage. As long as people are made aware of the faculty obligation, this policy change actually provides an alternative outlet for victims to get their assault reported. An assaulter can only be brought to justice if the crime is known. And for a lot of victims, even though the emotional toll is hard, at least a little bit of control is given back to them knowing that their assaulter is at least known, or being looked into.
LikeLike
I can see where your argument about bringing about justice providing some sort of support to the victim is coming from a well-intentioned place, but you are firstly assuming that rapists and attackers are brought to justice all or even most of the time, when this is not the case: very few cases bring rapists to justice, and college campuses have been publicly and particularly inhospitable to victims’ discussion of and control over the aftermath of their own assault. In the process, however, forcing a victim’s personal voliation to be disclosed can bring back painful and stressful memories for the victim, especially if it is done so against their will.
Secondly, your argument is assuming that, if this policy were not in place, faculty would not report cases of sexual assault if the victim felt comfortable doing so. The argument made in this post is that it is wrong for members of the university to be forced to violate a victim’s autonomy with regards to what does and has happened to their own body for a second time.
Thirdly, I am deeply sorry that your friend was assaulted and has had to live with the reality of knowing that her attacker is in her shared public space and potentially enacting trauma on other people. However, not all assault victims’ experience or feelings about their experience are the same, and therefore your friends’ experience is not a reason to discount the feelings of other victims. Further, placing the responsibility for bringing their attackers to justice on the shoulders of the victims is shifting the focus of blame from the person responsible for rape (the rapist) and implying that past victims who chose to try to begin their healing process instead of spearheading a traumatic and often unfruitful crusade against their attacker somehow makes them partly to blame is not okay.
Ultimately, what to do about sexual assualt is the victim’s decision and theirs alone if the focus is on their needs.
LikeLike
Thanks for the comment! I do agree that those who commit acts of sexual assault should be held accountable for their actions. I also do agree that the fact that since most reports never see the light of day this system may help to create a better sense of what needs to be done to help create an environment free of sexual violence. I also agree that the ENTIRE JMU community needs to be aware that these policies are now going to be in place.
I am sorry for your friend and the fact that seeing her rapist still enjoying his life took such a drastic emotional toll on her. I am glad that she was able to make the report and for her to decide that that was the right decision for her. However, I don’t necessarily agree that it has to deal with “courage” there are many women who decide to deal in a different way either by not reporting, getting therapy, or confiding in a faculty member. The fact that they have made the decision not to report does not make them any less courageous. There are women who find control in reporting their assault and they should be allowed the dignity to do so in a safe environment. However, there are also women who find control in other ways and they should be allowed the same dignity to do so in a safe environment.
Finally, there are many studies that show that having a required disclosure policy in place actually has a negative effect on victim reporting.
LikeLike