Paper Title
VAWA AFTER THE PARTY: IMPLEMENTING PROPOSED GUIDELINES ON CAMPUS SEXUAL ASSAULT RESOLUTION
Keywords
- Violence Against Women Act (VAWA)
- Campus Sexual Assault
- Higher Education Policy
- Sexual Assault Adjudication
- Dear Colleague Letter (DCL)
- Restorative Justice (RJ)
- Misconduct Resolution
- Criminal Justice Process
- Student Affairs
- Policy Implementation
- Victim-Centered Justice
- Offender Accountability
- Evidence-Based Innovations
- Institutional Response
- Sexual Misconduct Prevention
- Campus Safety
Journal
Publication Info
Volume: 18 | Issue: 1 | Pages: 1-10
Published On
December, 2014
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Abstract
The 20th anniversary of the passage of the Violence Against Women Act (“VAWA”) and its reauthorization in 2013[1] merits celebration and marks a time to contemplate the future legislative and policy agenda. This commentary considers the effect of existing and proposed VAWA guidelines on the process for sexual assault adjudication at institutions of higher education. The focus is several documents including the US Department of Education Office of Civil Rights “Dear Colleague Letter”[DCL],[2] DCL clarification,[3] and the Proposed Guidelines for the Violence Against Women Act Reauthorization as disseminated for comment in the Federal Register of June 20, 2014.[4] We aim to establish that taken together, these documents: (1) blur the distinctions between campus misconduct resolution and criminal justice process;[5] (2) lack scholarly analysis of sexual assault justice on campus;[6] and (3) clash with contemporary values and practice standards of student affairs professionals.[7] This commentary identifies enhancements derived from restorative justice principles [RJ] and situates them within misconduct resolution framework while maintaining consistency with DCL and VAWA required elements. RJ offers a range of formats that are relevant to the student body at large as well as to individuals involved in sexual misconduct of varying severity and can be implemented at multiple time points in case processing. We draw upon many sources that collectively express desire for policy guidance that supports evidence-based innovations intended to increase congruence with victims’ perceptions of what constitutes justice, raise the likelihood that offenders will be held responsible by sanctions proportional to the harm done, and augment the extent to which institutional responses deter future sexual misconduct.[8]
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