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An exploration of responsible employee policies on college campuses as directed by Title IX

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An exploration of responsible employee policies on college campuses as directed by Title IX what do victims, faculty, and administrators really think about the policy?
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Rosenthal, Jessica Melonnie ( author )
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Sex discrimination in sports ( lcsh )
Sex discrimination in education ( lcsh )
College sports -- Government policy ( lcsh )
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bibliography ( marcgt )
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non-fiction ( marcgt )

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Many institutions of higher education responded to guidelines set forth under Title IX by creating mandatory reporting policies. These policies include the requirement that all responsible employees report any information they have about an instance of sexual misconduct to the Title IX coordinator, regardless of the victim’s wishes. The question remains about how those affected by these policies view them. This research addresses that question by exploring the views of administrators who work with victims of sexual misconduct, faculty members who have gone through the training, faculty members who have gone through the reporting process, and victims. The research also provides insight into how opinions about the responsible employee policy are influenced by services available to victims. Eight overarching themes and sub-themes are identified. Themes and sub-themes specific to each group are identified: four themes for administrators, five themes for faculty reporters, four themes for trained faculty, and four themes for victims. Policy implications are considered.
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Thesis (M.S.)--University of Colorado Denver, 2017.
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Includes bibliographical references .
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by Jessica Melonnie Rosenthal.

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University of Florida
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on1004775801

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Full Text
AN EXPLORATION OF RESPONSIBLE EMPLOYEE POLICIES
ON COLLEGE CAMPUSES AS DIRECTED BY TITLE IX: WHAT DO VICTIMS, FACULTY, AND ADMINISTRATORS REALLY THINK ABOUT THE POLICY? by
JESSICA MELONNIE ROSENTHAL B.S., Metropolitan State University of Denver, 2014
A thesis submitted to the Faculty of the Graduate School of the University of Colorado in partial fulfillment of the requirements for the degree of Master of Criminal Justice Criminal Justice Program
2017


This thesis for the Master of Criminal Justice degree by Jessica Melonnie Rosenthal has been approved for the Criminal Justice Program by
Callie Marie Rennison, Chair Mary Dodge Nelia Viveiros Lucy Dwight
Date: May 13, 2017


Rosenthal, Jessica Melonnie (M.C. J., Criminal Justice Program)
An Exploration of Responsible Employee Policies on College Campuses as Directed by Title IX: What do Victims, Faculty, and Administrators Really Think about the Policy?
Thesis directed by Professor Callie Marie Rennison
ABSTRACT
Many institutions of higher education responded to guidelines set forth under Title IX by creating mandatory reporting policies. These policies include the requirement that all responsible employees report any information they have about an instance of sexual misconduct to the Title IX coordinator, regardless of the victims wishes. The question remains about how those affected by these policies view them. This research addresses that question by exploring the views of administrators who work with victims of sexual misconduct, faculty members who have gone through the training, faculty members who have gone through the reporting process, and victims. The research also provides insight into how opinions about the responsible employee policy are influenced by services available to victims. Eight overarching themes and sub-themes are identified. Themes and sub-themes specific to each group are identified: four themes for administrators, five themes for faculty reporters, four themes for trained faculty, and four themes for victims. Policy implications are considered.
The form and content of this abstract are approved. I recommend its publication.
Approved: Callie Marie Rennison
in


DEDICATION
I dedicate my thesis to Callie Marie Rennison, Mary Dodge and my family. Without your support and guidance, my thesis would not have been possible.
Callie, your guidance, expertise, and encouragement played an essential role in the process. I know whenever I was in doubt or worried about something I could always turn to you. You encouraged me to always do my best and your mentorship and friendship are something I will always treasure.
Mary, you motivated me to pursue a thesis and continue onto a PhD program. It was your support and encouragement that helped me to get where I am today and for that I will always be grateful. You have become a great mentor and a friend; I could not have done it without you.
To my family, thank you for your constant support and encouragement throughout the process. Mom and Dad, you have always been there for me pushing me to do my best and supporting me every step of the way. Your love and guidance have helped to make me the person I am today and I will always be eternally grateful.
To those involved with the sexual misconduct reporting policy and process, particularly the victims, this project was for you with the hopes of giving you a voice as to what you really feel about processes designed to aid victims and ultimately to provide guidance on the future direction.
IV


ACKNOWLEDGEMENTS
First and foremost, I would like to acknowledge Callie Marie Rennison, my thesis advisor, without whom I could not have completed this project. You provided essential support and guidance while helping me develop my research skills. Thank you for all of your support throughout this process, I am very grateful to have you as a mentor and a friend.
I would also like to acknowledge my committee members Mary Dodge, Lucy Dwight, and Nelia Viveiros and thank them for all of their assistance on my thesis. Mary, your knowledge of qualitative methods and your guidance through the analysis process was vital to the completion of my project. Lucy, your wise feedback, methodological knowledge, and guidance helped strengthen my project. Nelia, your valuable insight on Title IX and guidance in helping me to develop my research project was essential.
I would also like to acknowledge Sean McCandless who played an instrumental role in providing me with guidance on my literature review and encouragement along the way. In addition, I would like to thank Sharon Devine, Deborah Barnard, and Emily Murphy from the COMIRB office for helping to guide me through the IRB process. IRB Protocol Number 16-2246, Submission ID Number APP001-2.
A special thank you to CU Denvers Office of Equity for all of their support and assistance with my thesis. Without their assistance and guidance, this project would not have been possible. They provided valuable insight into the intricacies of Title IX and were instrumental in helping me to obtain participants for my study.
Most importantly, I would like to thank all of those who participated in the research project itself. You provided instrumental knowledge and shed light on several important topics and perspectives.
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TABLE OF CONTENTS
CHAPTER
I INTRODUCTION..............................................................1
II. LITERATURE REVIEW.......................................................4
Sexual Misconduct Against College Students.............................4
Prevalence and Policies of Sexual Misconduct......................5
Reporting of Sexual Misconduct..................................10
Title IX and College Campuses Background Information...................13
What is Title IX................................................13
Title IX and the Courts.........................................14
Procedures and Guidelines Set Forth Under Title IX...............16
Clery Act in Connection with Title IX............................17
2011 Dear Colleague Letter and Title IX..........................18
Mandatory Reporting,..................................................20
Background on Mandatory Reporting...............................20
Specific Examples of Mandatory Reporting Laws...................21
Extent of and Possible Negative Outcomes for Reporting,..........22
Positive Outcomes or Benefits to Reporting......................24
Mandatory Reporting and Title IX the Intersection on College Campuses..25
Who are Mandatory Reporting Laws Directed at on College Campuses..26
Realities of the Responsible Employee Designation.............27
Victims Views on Mandatory Reporting.................................28
Perceived Positive Effects of Mandatory Reporting...............29
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Perceived Negative Effects of Mandatory Reporting
30
Students Views on Mandatory Reporting,......................................32
University of Colorado Denver Specific Policies..............................34
Gap in the Literature and Current Study Aims.................................36
III METHODS.........................................................................38
A Qualitative Research Approach..............................................38
Human Subject Concerns.......................................................40
Sampling,....................................................................41
Sampling Method.......................................................41
Inclusion and Exclusion Criteria......................................42
Obtaining the Convenience Sample......................................42
Data Collection Plan.........................................................43
Case Files/Surveys....................................................43
In-Depth Interviews...................................................44
Risks, Risk Management, and Benefits of Methods.......................45
Areas of Exploration.........................................................47
Determining Participants Initial Background with the Policy..........47
Perceptions about the Responsible Employee Policy.....................48
Role of Services Provided.............................................48
Policy Implications...................................................49
Data Analysis and Organization Plan..........................................50
Quantitative Analysis.................................................50
Qualitative Organization and Analysis.................................50
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Limitations
53
IV RESULTS.......................................................................54
Sample....................................................................54
Quantitative..............................................................55
Admini strator s 56
Faculty Reporting...................................................56
Faculty Training....................................................57
Victims.............................................................57
Qualitative.............................................................58
Overarching Themes 58
Policy Itself 59
Broad versus narrow...................................61
Advantages............................................63
Disadvantages.........................................63
Where is the line 65
Lack of Awareness or Understanding...........................66
Knowing policy exists.................................67
Understanding what it means...........................68
Knowledge Through Training 69
Increasing knowledge of resources.....................70
Initial conversation..................................71
How to implement training to effectively educate......72
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Resources
73
Types..................................................74
Importance for victims.................................75
C onfi denti ality.....................................76
C ommuni c ati on 77
Reporting process......................................78
Support................................................79
Role of Relationships..........................................80
Relationships in reporting.............................80
Relationships as an inhibitor to reporting.............81
Title IX Office........................................82
Internal Conflict. 84
Trust..........................................................85
Fostering trust........................................85
Loss of trust..........................................86
Administrator Themes 88
Shaping the Narrative..........................................89
Accountability.........................................90
Awareness..............................................91
Expanded Training..............................................92
Format for delivery 93
Maintaining Trust..............................................94
Policy and Implementation Improvements 95
IX


Faculty Reporter Themes
96
How the Incident Came to Light.................................98
Complications of Reporting.....................................99
What Works....................................................100
Aftermath.....................................................101
Awareness through Reporting,..................................102
Trained Faculty Themes................................................103
Perceptions of Title IX Violations............................105
How sexual misconduct is viewed.........................106
What is included........................................107
Challenges of Training........................................108
Responding to Challenges......................................110
Interactive training...................................110
Style of training......................................Ill
Awareness Outside of Training.................................112
Victims Themes.......................................................113
Victims Goals or Needs......................................116
Related to the situation................................117
Knowledge about resources..............................118
Story Sharing................................................119
Confidentiality..............................................120
Outcome......................................................122
What i s effective 122
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Need for improvement
123
V. DISCUSSION AND CONCLUSION................................................125
Discussion............................................................125
General Thoughts.................................................125
How Themes Related to One Another................................128
Connection to Literature.........................................129
P oli cy Impli cati ons..........................................131
Limitations......................................................133
Future Research..................................................133
Conclusion............................................................135
REFERENCES....................................................................137
APPENDIX......................................................................143
A. Informed Consent Form..............................................143
B. Recruitment Flyer..................................................145
C. Demographic Questionnaire..........................................146
D. Admini strator Interview Protocol..................................147
E. Faculty Who Have Gone Through the Reporting Process Interview Protocol.149
F. Facuity Who Have Gone Through the Training Interview Protocol......151
G. VictimsInterview Protocol.........................................153
H. Resources for Students, Faculty, and Staff of University of Colorado Denver __ 156
I. Identified Issues and Suggestions on Improving the Responsible Employee
Policy and Reporting Process........................................158
xi


LIST OF TABLES
TABLE
1. Basic Demographic Information 56
2. Theme Prevalence 59
3. Feelings About the Policy 60
4. Broad Versus Narrow......................................................61
5. Student Employees........................................................62
6. Perception of Policy Knowledge 67
7. Administrator Theme Prevalence 88
8. Faculty Reporting Theme Prevalence. 97
9. Faculty Reporters Informing through Syllabus or Discussion...............98
10. Trained Faculty Theme Prevalence 104
11. Trained Faculty Informing through Syllabus or Discussion...............105
12. Victim Theme Prevalence 114
xii


List of Figures
FIGURE
1. Victim Word Cloud.....................................................115
2. Victim and Respondent Combinations....................................125
3. Organization Flow Chart. 126
4. Overarching Theme Connection 128
xm


LIST OF ABBREVIATIONS
Abbreviation Explanation
Clery Act Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act
DOJ The United States Department of Justice
OCR. Department of Educations Office for Civil Rights
Title IX Title IX of the Educational Amendments of 1972
U.C.D. University of Colorado Denver
US. United States of America
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CHAPTER I
INTRODUCTION
Sexual misconduct on college campuses has long been a hot topic, and instances of sexual assault or attempted cover-ups of these incidents typically draw the attention of the media resulting in a public cry for justice or change. As a result, federal legislation was enacted to address issues of sexual misconduct and to increase reporting to officials. Although research has been conducted on prevalence and reporting rates of sexual misconduct, far less attention has been given to the policies themselves. Of particular interest in this thesis is the responsible employee reporting policy, which requires informing university officials even when doing so is against a victims wishes. The policy directly affects the victims experiences, yet virtually no attention has been given to understanding what victims think about the policy. It remains unclear if victims view the policy as helpful and if it creates a less daunting experience that would lead to increased reporting. Another area receiving relatively little attention in the research literature is victims perspectives regarding services available after a report has been made. Given the dearth of attention, it is unclear if these services have any effect on victims perceptions of the reporting process. The perceptions of victims of sexual misconduct about the policies surrounding reporting practices provide a unique insight into the effectiveness of these policies.
The responsible employee policy also directly affects faculty members who are required to report any instance of sexual misconduct to Title IX coordinators. Yet the literature fails to consider their views on the policy. Likewise, administrators who work with victims of sexual misconduct are also affected by the policies in place, yet their perspectives are virtually nonexistent in the literature. Another area receiving little attention is what
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faculty or administrators think about the services available to victims after a report has been made. It is unclear if the availability of services has any effect on their opinions about the responsible employee policy. Similar to the perspectives of victims of sexual misconduct the views of faculty members and administrators allow for an in-depth understanding of the policy and may shed light on which aspects of the policy they view as effective and which are not. The aim of this thesis is to fill a gap in the literature and to identify policy implications of this important topic.
The current study is exploratory in nature and aims to expand the knowledge on issues surrounding the responsible employee policies. This study focuses on the perspectives of victims, faculty, and administrators to provide insight on their thoughts about these policies. The research also seeks to understand the role services available to victims plays in participants opinions about the responsible employee policies. In addition, the research will highlight policy implications that came to light during discussions of potential changes that need to be made to the policy or discussions regarding the overall experiences participants have with the reporting process. To accomplish the goals of the thesis, the remaining portion of the paper is structured as follows. The relevant background literature focusing on prevalence and reporting rates for sexual misconduct, Title IX, mandatory reporting laws, mandatory reporting and Title IX on college campuses, victims views of mandatory reporting, students views of mandatory reporting, and University of Colorado Denver (U.C.D.) specific policies are reviewed to place the current study in context. Next, the methodology is discussed, including addressing advantages and disadvantages of this approach. Following that, the data analysis plan is outlined providing a justification for methods used. Next, the research setting, sampling issues, and quantitative analysis of the
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demographic information is presented. In the first part of qualitative analysis section eight overarching themes and their subthemes are explored. Next, background information and themes with their subsequent sub-themes are explored for each of the groups: administrators, faculty reporters, trained faculty, and victims. Subsequently, the discussion section explains, general thoughts about the policy, how themes related to each other, connections to the literature, policy implications, limitations, and provides suggestions for future research. The thesis ends by reexamining all the factors presented and provides any final statements on the matters.
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CHAPTER II
LITERATURE REVIEW
This section explores seven dimensions of literature related to the topic of sexual misconduct against college students. First, research on prevlance rates and reporting rates highlights the high prevalence rates of sexual misconduct on college campuses, but low rates for reporting sexual misconduct (Cantalupo, 2014; Fisher, Daigle, Cullen & Turner, 2003). Second, Title IX is detailed. Literature presented here examines Title IX as a whole and how the interpretation of its provisions have been shaped by the courts, particularly how Title IX has been interpreted to apply to instances of sexual misconduct (Triplett, 2012). Third, the literature review explores mandatory reporting policies, particularly focusing on how mandatory reporting provisions were developed and how they have been applied to different incidents. Fourth, literature is presented that explores how mandatory reporting and Title IX intersect on college campuses when it comes to responsible employee policies (Pryal, 2016). Fifth, literature on victims views of mandatory reporting laws is considered. The research presented examines the views of victims of domestic violence subject to mandatory reporting policies. Sixth, literature is explored which examines students views on a hypothetically mandatory reporting policy on college campuses where Title IX coordinators would be required to report instances of sexual assault to the police (Mancini, Pickett, Call, & Roche, 2016). Finally, literature is presented which focuses on the specfic policies in place at the unviersity where the research will be conducted.
Sexual Misconduct Against College Students In order to understand why policies around sexual misconduct are created and what they seek to address, it is important to understand more broadly sexual misconduct against
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college students. In particular, it is vital to understand how often sexual misconduct occurs, what issues sexual misconduct creates for victims, if victims report, what universities are doing to try and prevent sexual misconduct, and what polices are in place to address sexual misconduct and reporting issues. Sexual misconduct against college students is a pervasive problem, federal legislation is not achieving its desired aim, schools have policies in place to prevent and address sexual misconduct, and certain populations are more at risk for victimization. Along with issues leading to the misconduct itself there are issues with reporting instances of sexual misconduct. Legislation aimed at increasing reporting is not as effective as desired, several factors influence whether a report will be made, and reporting rates are low.
Prevalence and Policies of Sexual Misconduct
Sexual misconduct against college students is prevalent. In 2010, approximately 21 million people throughout the United States (U.S.) were either full or part time students in colleges or universities (Wies, 2015). Further, education has long been viewed as the great equalizer (U.S. Department of Educations Office for Civil Rights [OCR], 2011 p. 1). Sexual misconduct is a pervasive problem for many college campuses and is a challenge for every school in the U.S. (Guziewicz, 2002). Based on guidelines set forth under federal legislation, colleges are responsible for addressing at least 42 different types of behavior in their attempts to prevent, remedy, and eliminate sexual misconduct (Koss, Wilgus, & Williamsen, 2014).
Although some progress has been made, rape and sexual assault on campuses continue to be public health and criminal justice concerns (Sable, Danis, Mauzy, & Gallagher, 2006). Over 75% of female college students, or about 5 million women, are
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affected by some form of sexual harassment (Guziewicz, 2002). Some studies show that about 20-25% of women are sexually assaulted while enrolled in college (Cantalupo, 2014). However, other studies have found greater, variance in percentages of victimization, with one providing a range of 8-35% (Fisher et al., 2003). Despite the discrepancy in the rates of victimization most researchers agree that sexual victimization occurs far too often (Rennison, 2016). Although estimates are available for national level data, few schools have surveyed their students to assess instances of sexual violence on their own campuses (Cantalupo,
2014). Despite increased federal legislation aimed at reducing sexual violence on college campuses, in reality there is little evidence that it actually achieves the goal (Wies, 2015). Many of the issues that existed before rape reform legislation was enacted are still found today (Sable et al., 2006).
One of the areas of sexual misconduct that often receives a lot of attention is sexual harassment. Creating and implementing policies which seek to address, prevent, and respond to sexual harassment is one way colleges seek to respond to sexual misconduct directed at college students. Having an easily accessible and effective sexual harassment policy contributes to an organizations ability to protect members from harassment (Fusilier & Penrod, 2015). Colleges seem to understand the importance of having such a policy as 96.6% of institutions reported having a formal written policy on sexual harassment (Guziewicz, 2002). However, just because a college has a sexual misconduct policy it does not mean that students have easy access to the policy or that it is located where they would be looking for it. Fusilier and Penrods (2015) survey, which considered the views of several college students, found that over 50% of the women and 40% of men wanted information about reporting policies to be located on school websites. In addition to explaining reporting
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procedures, sexual harassment policies and procedures are designed to show what constitutes sexual harassment and that it will not be tolerated by the school (Fusilier & Penrod, 2015). There are two main categories of sexual harassment students may face. One form known as quid pro quo, is when a school employee conditions a students participation or educational decision on unwelcome sexual advances. The second form, hostile environment is harassment that involves sexual conduct within an academic environment, which affects the students ability to participate in or benefit from an educational program and creates a threatening environment (Guziewicz, 2002).
Having specific policies in place to address sexual misconduct, such as the sexual harassment policy is a must, however there are some negative aspects associated with the policies as well. The integrity of these policies and their ability to achieve their desired effect may be questioned, particularly when one considers the results of some disciplinary hearings. For instance, students are more likely to be expelled for violations of the honor code related to plagiarism than for violations of sexual misconduct policies (Macini, Pickett, Call, & Roche, 2016). On a similar note, policies can be misleading in that schools that tend to ignore sexual violence have fewer reports and thus look to be safer to the general public whereas schools that encourage reporting appear on the surface to be less safe (Cantalupo, 2014). Another step put in place to prevent sexual misconduct is training. Fusilier and Penrod (2015) found that approximately 3 out of 4 institutions in the sample had some type of sexual harassment training for students, and 2 out of 3 had training for faculty.
In addition to providing instruction though policies, colleges play an essential role in informing students about health care services available for rape and sexual assault victims (Sable et al., 2006). Each college offers different services available to victims and they could
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include emotional, medical, physical, academic, procedural, spiritual, legal, and financial support (Koss et al., 2014). An example of a specific service in the Violence Against Women and Department of Justice Reauthorization Act of 2005: A sexual assault victim can obtain a free forensic examination regardless of whether or not the victim intends to cooperate with law enforcement (University of Colorado Denver, Office of Equity [U.C.D. Office of Equity], 2016c). Schools have the ability to support sexual assault victims in ways that police departments cannot, such as quickly changing a students schedule or housing assignment to keep perpetrators away from victims (Clark & Pino, 2016).
The ability of schools to inform students about and provide resources for victims is an essential component in their efforts to help victims of sexual misconduct. Addressing the needs of the victims is necessary considering victims may experience physical, medical, physiological, behavioral, academic, or work related consequences as a result of their victimization (Guziewicz, 2002; Fusilier & Penrod, 2015). Domestic violence is one form of sexual misconduct where women often experience these physical and mental issues (Guziewicz, 2002). Specifically, victims may become depressed, develop Post Traumatic Stress Disorder, abuse drugs and alcohol, or even contemplate suicide after their victimization (OCR, 2011c). Effects of sexual misconduct are not only felt by the victim, but also by the family and friends of the victims, the family and friends of the perpetrator, and members of the community (Koss et al., 2014). These effects can also occur in work environments. For instance, Fusilier and Penrod (2015) estimated that the loss in productivity for each individual affected by sexual harassment was $22,500.
In addition to understanding the effects of victimization on students, it is important to consider factors that contribute to and populations that commonly experience victimizations.
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Female college students have high levels of fear they will be victimized (Rennison,
Kaukinen, & Meade, 2017). These fears might be justified considering that many factors present in college directly relate to increased risk of victimization such as partying, substance use, less supervision, and interaction with strangers. Women between the ages of 14 and 24 are at heightened risk for sexual violence (Rennison et al., 2017). In addition, women of color, graduate students, and those who receive financial aid tend to experience higher rates of sexual harassment (Guziewicz, 2002). Notably, college women are victimized at higher rates off campus than on campus when it comes to sexual violence (Rennison et al., 2017). For instance, one study, which looked at rates of victimization for undergraduate students at two large universities, found that 63% of forced sexual assaults took place off campus (Rennison, 2016).
Next, the literature considers specific types of sexual misconduct, characteristics of the misconduct conduct, and when it occurs. Looking specifically at stalking, college populations exhibit key characteristics, which make a person particularly susceptible (Fisher, Daigle, & Cullen, 2010). Stalkers must have regular access to the victim and have time to continually engage in the pursuit, both of which are easily fulfilled on a college campus. Estimates from several studies on stalking suggest 12-40% of female college students report having been stalked. Of those 43.6% reported being stalked by an acquaintance, 15.7% by an intimate partner, and 40.7% by a stranger (Fisher et al., 2010). Krebs et al. (2014) found that 84% of women who reported experiencing sexually coercive situations had the incident occur within the first four semesters on campus.
Attention is now shifted to a gendered look at sexual misconduct and to characteristics of perpetrators of sexual misconduct. Female students report four times as
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many sexual victimizations as males (Rennison et al., 2017). Although representing a much smaller group, 6.1% of male college students are victims of completed or attempted sexual assault (OCR, 2011a). A majority of victims are sexually victimized by someone they know rather than by a stranger (Krebs, Lindquist, Warner, Fisher, & Martin, 2014). Between 85-90% of college victims of sexual assault are victimized by a dating partner, friend, or acquaintance (Rennison et al., 2017).
Reporting of Sexual Misconduct
An important element in this body of work is reporting rates for sexual misconduct. For both male and female victims, rape and sexual assault are some of the most underreported crimes (Sable et al., 2006). Similar to legal reform, which sought to address the prevalence of sexual misconduct, there have also been legislative reforms to help reduce the barriers to reporting sexual assault (Sable et al., 2006). However, the success of these reforms also comes into question when considering the available statistics. According to many nationally representative studies, 90% or more student victims do not report their victimizations (Cantalupo, 2014). Likewise, a study by Fisher et al. (2003) shows that only 5% of victims of rape report to the police. Looking specifically at sexual harassment, the reporting rates are much lower than the rates experienced (Fusilier & Penrod, 2015). Men are more likely than women to not report rape or sexual assault (Sable et al., 2006). Males may choose not to report for fear that doing so will jeopardize their masculinity (Sable et al., 2006). On a different note, the more educated a women is the less likely she is to report (Fisher et al., 2003).
Several factors shape and impact a victims decision on whether or not they will make a report. The decision of whether or not to report is often influenced by crime seriousness,
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victim offender relationship, location of the offense, and consumption of alcohol. For instance, the more severe the injury, the more likely an offense will be reported (Fisher et al., 2003). Victims often fail to report harassment because they are unaware of their campus policies (Fusilier & Penrod, 2015). As a result of not knowing about the policies, few students are aware that they have a right to complain which may contribute to the low number of investigations of sexual assault cases (Cantalupo, 2014). However, reasons for not reporting typically center on beliefs that they will not be believed (Cantalupo, 2014). According to Sabel and colleagues (2006), for both males and females shame, guilt, and embarrassment; confidentiality concerns; and not being believed have been found to be the leading barriers to reporting. Not wanting the perpetrator to go through the process is another reason why students fail to make reports (Wies, 2015). Yet other victims fear retaliation or view victimization as a private matter and choose not to report (Fisher et al., 2003).
Although reporting rates to campus officials and police may be low, this does not mean that victims remain completely silent about their victimizations. In the Fisher et al. (2003) study, only 2.1% of victims reported to the police and 4% reported to campus authorities. However, all incidents reported to campus authorities were also reported to another individual (Fisher et al., 2003). Considering stalking as an example, a grievance was filed or a disciplinary action was started in only 3.3% of the incidents (Fisher et al., 2010). Similar to the Fisher et al., (2003) study, Fisher et al. (2010) found that 93% of respondents informed someone that they were being stalked, typically a friend or family member, with only 3.2% reporting to a Residence Assistant and 3.5% reporting to university officials. More than 3/4 of victims tell someone because they are looking to gain support (Fisher et al.,
2003).
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Both reporting and not reporting may be associated with negative effects depending on the victims perspective and what they ultimately hope to achieve. The lack of an official report, on one hand, may result in some negative consequences such as limiting the access a victim has to services (Fisher et al., 2003). On the other hand, there are also negative factors associated with filing a report. Some students may experience secondary victimization depending on how school officials respond to them (Clark & Pino, 2016). A large number of victims of sexual assault are dissatisfied with the outcome of their report and leave schools (Shapiro, 2014). Victims of certain types of sexual assault may feel differently about the outcome than victims of other types of assault. For instance, victims of forced sexual assault were more likely to report but were less satisfied with the outcome and more likely to regret reporting than victims of incapacitated sexual assault (Krebs et al., 2014). However, some students do perceive there will be positive outcomes from reporting. According to Rennison et al. (2017), 36% of female undergraduate students and 32% of graduate students believe it is very likely or extremely likely that action will be taken by campus officials to address factors that lead to sexual misconduct on campuses.
Sexual misconduct is extremely prevalent among college students. The extent to which a student will experience sexual misconduct varies based on personal characteristics and on characteristics of the crime. Although the rates of sexual misconduct against college students are high, the rates for reporting them are typically low. There are several factors that influence a students decision of whether or not they are going to report. There are both positive and negative consequences when it comes to the choice of whether or not to report.
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Title IX and College Campuses Background Information
Understanding policies created to address instance of sexual misconduct provides important foundation for this research. This section describes, Title IX of the Educational Amendments of 1972 (Title IX) as a whole, how the courts have interpreted Title IX, procedures and guidelines set forth under Title IX, how the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) works in conjunction with Title IX, and how the Dear Colleague letter helps to clarify obligations under Title IX. The two policies addressed in this section Title IX and the Clery Act provide guidance on the policies schools should enact to address sexual misconduct.
What is Title IX?
Title IX is one of the most important statutes in higher education (Triplett, 2012).
Title LX (1972) states no person in the United States shall on the basis of sex, be excluded from participation in, be denied the benefits of or be subjected to discrimination under any educational program or activity receiving Federal funding. In other words, Title IX protects students, employees, applicants for admission and employment, and others from all forms of sexual discrimination (OCR, 2015b). More specifically it prohibits sex-based discrimination addressing discrimination against pregnant and parenting students; women in science, technology, engineering, math; athletics; admissions and financial aid; gender discrimination; sexual harassment; and sexual violence (U.C.D. Office of Equity, 2016e; Triplett, 2012). Schools agree to comply with Title IX in order to receive federal funding (Cantalupo, 2014). Almost all colleges must adhere to Title IX because they receive funding through federal financial aid programs used by students (Veidlinger, 2016). Title IX applies to approximately 16,500 school districts, and 7,000 post secondary institutions in addition to charter schools,
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for profit schools, libraries, and museums (OCR, 2015a). In addition to being important, the law is also very popular. The National Womens Law Center indicates that adults support the goals of Title IX with 75% strongly supporting it and only 9% strongly opposing it (Mullen, 2009).
Sexual violence and sexual harassment are forms of sexual discrimination that must be addressed under Title IX (Koss et al., 2014; Block, 2012). Under Title IX any institution that receives federal funding must prohibit sexual violence and harassment towards students or employees (Fusilier & Penrod, 2015). For the purposes of Title IX sexual harassment can be defined as ... unwelcome conduct of a sexual nature such as unwelcome sexual advances, requests for sexual favors and other verbal, and nonverbal or physical contact of a sexual nature (OCR, 2015b p. 15). Sexual violence on the other hand is defined for the purposes of Title IX as a form of sexual harassment and refers to physical sexual acts perpetrated against a persons will or where a person is incapable of giving consent (OCR, 2015b p. 15). A single instance of rape or sexual assault meets the standard set forth in Title IX (Ward-Smith, 2014). Students, allies, faculty, alumni and other concerned people can file a complaint on behalf of a victim (Ward-Smith, 2014).
Title IX and the Courts
As courts often shape the interpretation of statutes it is important to consider what role the courts have played in shaping Title IX, as it is understood today. Much of the initial litigation of Title IX dealt with establishing the boundaries of its application (Block, 2012). Specifically, courts have applied Title IX to gender violence by defining sexual assault as a form of sexual harassment (Triplett, 2012). Schools can face significant liability if they respond improperly to allegations under Title IX (Cantalupo, 2014). In their 1992 decision in
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Franklin, the Supreme Court ruled that Title IX forbids sexual harassment of students by teachers (Guziewicz, 2002). However, the Supreme Court clarified in Gerbser a school is only liable for teacher to student harassment if actual notice of the harassment was provided to an official with the authority to correct the problem and the official and institution responded in a deliberately indifferent manner (Guziewicz, 2002 p. 18). Essentially an institutions obligation under Title IX begins when the institution has knowledge of the reported misconduct (Koss et al., 2014). Along the same lines, in their 1999 decision in Davis, the Supreme Court ruled that under Title IX schools are responsible for student-to-student peer harassment (Guziewicz, 2002). For the school to be liable for student-to-student harassment they must exercise substantial control over both the harasser and the context in which the known harassment occurs. (.Davis v. Monroe Cnty. Bd. ofEduc., 1999). In essence, schools are liable for sexual harassment when they have knowledge of the harassment, acted with deliberate indifference and the harassment is so severe, pervasive, and objectively offensive that it can be said to deprive the victims of access to the educational opportunities or benefits provided by the school (Davis v. Monroe Cnty. Bd. of Educ., 1999 p.633). Courts have found schools to have acted with indifference when the school does nothing at all; when school officials tell the victim not to tell anyone else including the police or family; when school officials investigate in a way that is biased; or when schools require or pressure victims to go to mediation before filing a complaint (Cantalupo, 2014). Therefore, in order to be in compliance according to the courts, schools must discover incidents of discrimination or harassment as soon as possible, must promptly and equitably resolve complaints, and must correct individual and systematic problems
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(OCR, 2015b). Schools also must be careful as some courts count knowledge of a teacher as the school knowing about sexual harassment (Cantalupo, 2014).
Procedures and Guidelines Set Forth Under Title IX
In addition to the interpretations presented by the courts, information from the Department of Education helps schools understand what procedures they need to have in place to be in compliance with Title IX and shares guidelines on how to establish those procedures. Again, considering specifically how this connects to sexual misconduct on campus, procedures and guidelines for sexual misconduct will be considered. Every school must have and distribute a policy against sexual discrimination; have a Title IX coordinator; and have and make known procedures for students to file complaints of sexual discrimination (OCR, 2011c). The Title IX coordinator is the responsible employee who has the primary charge for ensuring Title IX compliance (The United States Department of Justice [DOJ], 2001). According to the guidelines, the mere existence of a sexual harassment policy is not enough; it must be understood by all parties concerned (Fusilier & Penrod, 2015). When the victim is an employee, complaint procedures must give the victim multiple reporting avenues that do not involve reporting to the harasser (Fusilier & Penrod, 2015). Any activity that occurs at any location that is related to the school must be covered in the schools sexual harassment policy (Block, 2012).
Schools have many obligations when it comes to students and sexual misconduct based on the guidelines presented by Title IX. Sexual harassment guidelines under Title IX require schools to respond to and seek to prevent sexual violence once they are aware of specific instances (Cantalupo, 2014 p. 228). Confidentiality has a higher priority in sexual harassment claims than in other discrimination claims due to their sensitive nature (DOJ,
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2001). However, because of the requirement that schools must respond to and seek to prevent sexual violence, confidentiality cannot always be guaranteed. Students should be assured that Title IX prohibits retaliation and that the school will take steps to prevent or respond to any act of retaliation (OCR, 2001). Even if a student does not want to file a complaint or have the school take action, if the school knows about the sexual harassment or violence it must investigate and take appropriate steps to resolve the situation (OCR, 2011c; OCR, 2011a). The school must do so even if the sexual violence is the subject of a criminal complaint (OCR, 2011b). When determining if a hostile environment has been created in relation to sexual harassment, schools are instructed to consider several factors: the degree to which the conduct affected the students education; the type, frequency, and duration of the conduct; the identity of and relationship between the harassers and victim; the number of individuals involved; the age and sex of the harasser and victims; size of school, location of incidents, and context in which they occurred; and other incidents at the school (OCR, 2001). For sexual assault cases, mediation is not appropriate even when voluntary (Koss et al., 2014). During the Title IX investigation students have a right to present relevant information and witnesses and have an advisor throughout the process (Sullivan & Hagen, 2005). In addition, at the end of the investigation colleges must notify both parties in writing of the outcome and sanction (OCR, 2011c).
Clery Act in Connection with Title IX
Another piece of legislation often considered in conjunction with Title IX is the Clery Act, which also deals with victimization of students. The Clery Act focuses on the rights of students who have been victimized (Cantalupo, 2014). The Clery Act also establishes requirements for schools to report and publish certain categories of crime that occur on
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campus and information related to campus safety and security in the Annual Security Report (Cantalupo, 2014; Wies, 2015). Schools also need to provide timely warnings and emergency notifications if there is a safety or security threat (Wies, 2015). When reporting an incident for the Annual Security Report required by the Clery Act, schools must include four factors: where the crime occurred, type of crime, to whom the crime was reported, and where it was reported (Cantalupo, 2014). The Annual Security Report mandates that colleges and universities provide education on domestic violence, dating violence, sexual assault, and stalking (Wies, 2015). The Clery Act also contains the Campus Sexual Assault Bill of Rights, which gives victims the right to have others present during disciplinary proceedings, to notify victims of their rights to pursue justice through police and the availability of counseling, and to notify the victim of the options to have accommodations made in order to avoid the alleged perpetrator (Shapiro, 2014).
2011 Dear Colleague Letter and Title IX
In addition to Title IX, it is also important to concentrate on clarifications issued by the Department of Education on what they are requiring schools to do for Title IX with regard to sexual misconduct. The Dear Colleague Letter of 2011 issued by the Office for Civil Rights of the Department of Education (OCR), outlines procedures institutions should follow to remain in compliance with Title IX (Triplett, 2012). According to the OCR, sexual harassment and sexual violence interfere with a students right to receive an education free of discrimination (Wies, 2015). Therefore, the OCR feels sexual violence is a violation of the commitment to provide students a learning environment free of discrimination (Wies, 2015). The Dear Colleague Letter also clarifies where students are protected under Title IX when it comes to incidents of sexual misconduct. Title IX protects students in all educational,
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extracurricular, athletic, and other programs at school (OCR, 2011a). However, institutions must address sexual harassment complaints filed by students regardless of where they occur (Wies, 2015; OCR, 2011a).
The Dear Colleague letter outlines several responsibilities schools have under Title IX and clarifies the procedures the schools must follow and their obligations to students. The Dear Colleague letter also emphasizes that schools are immediately responsible for stopping harassment if they know or should have known it occurred (Block, 2012). The school is charged with the task of responding to an incident while also respecting the confidentiality of a student who requests it. A victim should also be notified of their right to file a criminal complaint and cannot be discouraged from doing so by the school (Block, 2012). The Dear Colleague letter also sets forth clarification regarding the investigative process. It sets the standard of proof required for all school investigations as a preponderance of the evidence (Triplett, 2012). The preponderance of the evidence standard is defined as ... more likely than not that the sexual harassment or violence occurred (OCR, 201 la p. 15). In addition, the grievance procedures must indicate the timelines for conducting the investigation, reporting outcome of the complaint, and filing of appeals (OCR, 2011a).
Title IX provides the framework for colleges to address issues related to sexual misconduct. Courts have clarified what Title IX means for schools in terms of remaining in compliance with the legislation. In addition, specific procedures and guidelines are set forth to help colleges address sexual misconduct to the best of their ability. The Clery Act supplements Title IX in terms of including more victims rights and explaining reporting requirements the school must follow. The Dear Colleague letter helped to clarify aspects of
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the Title IX guidelines, which may have been confusing to institutions to help create more conformity and a better understanding of how to remain in compliance.
Mandatory Reporting
Mandatory reporting laws have been developed to help increase reporting rates for certain types of incidents and are therefore a necessary piece of legislation to consider when seeking to grasp a complete understanding of reporting. This section highlights the background and history of mandatory reporting, identifies specific examples of mandatory reporting laws, and considers positive and negative outcomes of these laws.
Background on Mandatory Reporting
Although legislation surrounding college sexual misconduct sheds light on some of the issues it does not present the whole picture when it comes to legislation that will ultimately affect college students. It is also necessary to develop an understanding of mandatory reporting as this comes into play as well.
Mandatory reporting laws may differ depending on the jurisdiction but they are embraced throughout the United States and around the world. The United States was the first country to enact mandatory reporting laws (Flaherty, 2015). Today, many countries around the world have some form of mandatory reporting laws (Mathews, 2015). Mandatory reporting laws differ in each jurisdiction but typically they include who must report, the state of mind of the reporter, the types of abuse/neglect, the extent of the harm, the duties that apply, the penalties for not reporting, when they must report, who they report to, and what needs to be included in the report (Mathews, 2015). To further illustrate the difference between requirements in multiple jurisdictions, one can consider the laws on reporting violence. In terms of mandatory reporting when it comes to violence, some states require
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reporting of injuries caused by weapons, others require reporting of injuries that come from all violent acts, some states have specific laws surrounding intimate partner violence, some have voluntarily reporting, while others have no reporting laws at all (Bledsoe, Yankeelov, Barbee, & Antle, 2004).
Some controversy surrounds mandatory reporting laws centering on the potentially negative factors. In many cases with mandatory reporting laws, the main focus is on identifying the perpetrator and bringing them to justice rather than focusing on getting the victims the help they really need (Golden, 2015). Therefore, many claim the main issue is not mandatory reporting but instead the poor response to the reports (Flaherty, 2015). In some instances, mandatory reporting systems are overburdened with unsubstantiated claims of abuse making them less affective (Ainsworth, 2002). The exact cost of having mandatory reporting systems in place is unknown (Ainsworth, 2002). Not all reports received are from those who are required to make reports under the mandatory reporting laws. In fact, according to Mathews (2015), mandatory reporters only make about 50-60% of all reports, indicating a large portion of reports come from other sources.
Specific Examples of Mandatory Reporting Laws
Mandatory reporting laws in place to address child abuse have been modified to include increased reporting over time. Model statutes for mandatory reporting laws in cases of child abuse and neglect were first drafted in the 1960s (Ainsworth, 2002). In their original state these laws required only medical professionals to report suspected serious physical injury (Mathews, 2015). Over time, mandatory reporting laws evolved, first by expanding on who must report, then by increasing the circumstances that must be reported, and finally by addressing the extent of harm (Mathews, 2015). For instance, mandatory reporting laws have
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expanded reporting requirements to teachers; all U.S. states mandate teachers to report child abuse and neglect to child protective services (Crenshaw, Crenshaw, & Licktenberg, 1995). Mandatory reporting requirements have evolved to protect children of sexual assault who may be incapable of reporting incidents (Bidwell, 2015). In addition, mandatory reporting laws encompass a greater degree of harm, as the laws for children expanded from originally just covering severe abuse to include other kinds of maltreatment (Mathews, 2015).
In addition to including other members of the community as mandatory reporters for child abuse and neglect, mandatory reporting laws have been expanded to cover other types of victims as well. Some states list attorneys as mandatory reporters of child abuse, and others require reporting by anyone who knows about the potential abuse (Richards, 2015). Clergy are often included as one of the professional groups required to report child sexual assault (Parkinson, 2015). Mandatory reporting laws that are aimed at requiring reporting for religious members regardless of their faith are designed to overcome barriers to reporting that are common in many religions (Parkinson, 2015). Although the laws were first aimed at protecting children, many mandatory reporting laws also focus on elder abuse (Richards, 2015). Likewise, in some jurisdictions mandatory reporting laws have been implemented requiring medical professionals to obtain education about and report instances of domestic violence (Sachs, Peek, Baraff, & Hasselblad, 1998).
Extent of and Possible Negative Outcomes for Reporting
In addition to understanding what mandatory reporting laws are and to what instances they are applied it is important to consider if mandated reporters are indeed filing reports and if not why they do not chose to report, particularly if their decisions are based on possible negative outcomes. According to Flaherty (2015), 20-50% of psychologists, social workers,
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childcare providers, and principals failed to report all instances of suspected child abuse. Similarly, even with mandatory reporting laws for child abuse some physicians do not report (Flaherty, 2015). In some instances, fines can be imposed against those who do not report, yet even in those jurisdictions not everyone reports (Sachs et al., 1998). Therefore, one of the main issues for mandatory reporting in the public health profession is getting physicians to report (Richards, 2015).
There are many different reasons suggested for why people chose not to report. For instance, the most common reason given by physicians as to why they chose not to report is they were not certain the child had been abused (Flaherty, 2015). Likewise, three possible reasons have been put forth to explain why teachers do not report even though they are required to do so: the teachers lack knowledge about mandatory reporting, teachers felt that someone else had taken action to report, or teachers believed common myths about reporting (Crenshaw et al., 1995). Another reason might simply be that teachers or other professionals are unaware of how to recognize signs of abuse or neglect. Despite mandatory reporting laws for child maltreatment, many physicians receive little education on the subject (Flaherty, 2015). In the Crenshaw et al. (1995) study, only 9.6% of respondents felt well prepared to recognize and report child abuse and neglect. Members of the medical community face a unique predicament; the existence of patient-physician privilege makes medical professionals uncomfortable about reporting even when they know the mandatory reporting law supersedes the privilege (Sachs et al., 1998).
Not everyone is a supporter of mandatory reporting laws, highlighting the potential negative effects or poor outcomes associated with the laws. Often potential negative outcomes influence a mandated reporters decision to uphold their obligation to report or
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ignore it. In addition, there are other potential negative outcomes that must be considered when creating mandatory reporting laws. For instance, one downside of having clergy as mandated reporters is it might prevent people from going to confession where the priest might have been able to persuade the person to turn themselves in (Parkinson, 2015). On a different note Sachs et al. (1998), found that mandatory reporting laws for domestic violence failed to affect the number of dispatches for domestic violence particularly those to medical facilities indicating the laws were not increasing the number of reports being made by those who were now obligated to report. The American Medical Association opposed mandatory reporting because of the lack of data on the effects these laws have on victim safety, concerns related to confidentiality of the patients, and concerns about patient autonomy (Bledsoe et al., 2004). Likewise, advocates against mandatory reporting for domestic violence claim that involvement of law enforcement against a victims will strips them of powers and may only anger the perpetrator more thus increasing the violence (Sachs et al., 1998). Therefore, a major concern with mandatory reporting and domestic violence is that victims may not seek medical attention or will lie about how they received their injuries if they know the police will be contacted (Sachs et al., 1998).
Positive Outcomes or Benefits to Reporting
Although many opinions have been put forth suggesting that mandatory reporting laws lead to negative outcomes, others suggest that these laws may have positive effects after all. When it comes to reporting abuse although the report intrudes on the victims privacy, the benefits of stopping the abuse tend to outweigh the cost of losing privacy and autonomy (Richards, 2015). Looking specifically at mandatory reporting and domestic violence, it is argued that the reporting requirements have helped to increase professional training and
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education on domestic violence (Larkin & OMalley, 1999). In addition, these requirements have fostered greater cooperation between law enforcement, health care centers, social services, and domestic violence advocates helping to ensure that victims receive aid from all of the appropriate agencies. It is also argued that mandatory reporting laws for domestic violence sends a message that domestic violence is a crime and will not be tolerated (Larkin & OMalley, 1999). The same arguments can be extended for all other incidents, which are covered, by mandatory reporting laws. Positive effects of reporting include reporting of more cases, which might have otherwise been swept under the rug, and encouraging people to report whom otherwise would not have (Mathews, 2015). Proponents of mandatory reporting laws for child abuse and neglect argue that the laws prevent children from falling through the cracks, creating an opportunity to prevent more damage and allowing for the factors behind the problem to be identified, understood, and addressed (Richards, 2015).
Mandatory reporting laws are another important legislative action that relates to college sexual misconduct therefore it is essential to recognize how these laws were developed, what they incorporate, and what they aim to establish. In order to do this one must consider specific examples of mandatory reporting laws. To get the full picture it is necessary to look at the extent to which reports are made and to consider why reporters are not fulfilling their obligations. One must also consider the possible negative consequences resulting from reports and the possible positive outcomes to comprehend the factors a reporter may consider when making their ultimate decision to report or not.
Mandatory Reporting and Title IX the Intersection on College Campuses
With a complete understanding of Title IX and mandatory reporting laws the next step is to identify how the two come together on college campuses in the form of responsible
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employee policies. This section seeks to demonstrate whom mandatory reporting laws are directed at on college campuses and explains the realities of responsible employee designations.
Who are Mandatory Reporting Laws Directed at on College Campuses?
The first question that must be answered in order to understand mandatory report in the context of sexual misconduct on college campuses is, under Title IX who is responsible for reporting? As previously outlined in the Title IX and courts section, for student sexual misconduct institutional knowledge of a victimization occurs when a responsible employee knows or in the exercise of reasonable care should know that a student may have engaged in sexual misconduct (Koss et al., 2014 p. 251; Pryal, 2016 p. 7). As a result, in many colleges faculty and staff are now required to report to the Title IX office when a student tells them they have been stalked, sexually assaulted, or sexually harassed (Pryal, 2016). Responsible employees are defined as someone who ... has authority to take action to redress harassment, has the duty to officially report the harassment to the schools Title IX coordinator and is a person whom students could reasonable believe has this authority (Pryal, 2016, p. 7; Deamicis, 2013, para. 9). In essence responsible employees may include teaching assistances, residence assistances, housing staff, faculty with advisory or student oversight, academic advisors, coaches, professors, and campus safety personnel (Veidlinger, 2016). In some cases, schools have interpreted the Dear Colleague Letter explaining the responsible employee provision to mean that all members of staff or faculty on a campus must report aside from a few exceptions such as Rape Crisis Centers and Counseling Services to be incompliance with Title IX (Deamicis, 2013). Although, in all instances some university employees have confidential status and have a professional or legal obligation not
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to report unless they have reasonable cause to believe the person is dangerous to themselves or others (U.C.D., 2016d). Staff, faculty, and even student faculty who are considered to be responsible employees are required to follow mandatory reporting even if they have not been trained or are unaware of their obligation (Pryal, 2016).
Realities of the Responsible Employee Designation
Although the idea behind the responsible employee designation is well intended, employees who are directly affected by the policy are not sure they are comfortable with its realities. The idea behind the mandatory reporting requirements for responsible employees is that mandatory reporting will protect vulnerable populations and will make campuses safer (Mancini et al., 2016). In order for this policy to be effective, employees should be trained to clarify what they are required to do with the information shared with them and how to handle the situation when someone starts to make a disclosure (Sokolow, 2013). However, not all responsible employees are comfortable with their duties as mandatory reporters (Pryal,
2016). Faculty members such as professors are often the frontlines with students and as such worry their new requirements to report may have negative effects on their relationships with students (Wilson, 2014). Many staff members are surprised schools are asking them to violate their students trust (Deamicis, 2013). It has also been noted that the new provision might create issues with and prevent research from being conducted on sexual misconduct (Wilson, 2014).
The responsible employees are not the only people concerned about the effects of the new reporting requirements on students who have been victims of sexual misconduct. Some members of the community see mandatory reporting as stripping victims of the only thing that still remains in their control, the decision of who to share their story with (Deamicis,
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2013; Wilson, 2014). They argue that Title IX is designed to empower victims not to make them watch as administrators deal with complaints the victims never made (Sokolow, 2013). Rape group survivors indicated they felt mandatory reporting rules would silence victims (Baurelein, 2015). The main concern is that students will report at lower levels when they learn of mandatory reporting policies on campus and therefore may not find out about as many victim services (Mancini et al., 2016). Since rates of reporting are already low for victims of sexual misconduct and in particular for college victims this is a very important concept to consider.
Based on new guidelines in the Dear Colleague letter of 2011 mandatory reporting by responsible employees has now become a major factor on college campuses. Title IX has been designed to help students who have been victims of sexual discrimination and the new mandatory reporting policies are designed to increase reports and ensure schools are upholding their obligation defined by the courts. However, the new guidelines have not been accepted by everyone with open arms and there is some question as to whether or not they will actually produce the intended results.
Victims Views on Mandatory Reporting
Now that it has been established that the Title IX guidelines set forth mandatory reporting policies for responsible employees on college campuses the next step in the analysis is to consider how mandatory reporting is viewed by those involved. Since mandatory reporting laws directly affect the victims it is important to understand their views on the subject. The views of those involved with mandatory reporting on college campus have not been studied in much detail; therefore, to enhance the analysis of victims views and
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reporters views of mandatory reporting laws/policies, views of those from other disciplines will also be explored.
Perceived Positive Effects of Mandatory Reporting
The first important factor to consider when it comes to victims views of mandatory reporting laws is what the victims found to be positive about the experience. These laws are often designed with the hope of helping the victims so it is necessary to consider if they are actually doing so. Some states have passed mandatory reporting laws for domestic violence even in instances where the reporting goes against the patients wishes (Rodriguez, McLoughlin, Nah, & Campbell, 2001). This is very similar to the mandatory reporting policies that apply to members of the university community; therefore, the views of these victims will be considered in the following analysis.
Some domestic violence victims expressed positive opinions towards mandatory reporting. In the Smith (2000) study, which considered views of women who were victims of domestic violence, a majority of the women interviewed thought mandatory reporting would benefit them but they were more likely to believe it would benefit others. In another study conducted by Antle, Barbee, Yankeelov, & Bledsoe (2010), the majority of women would not have prevented the report if they could have, however 29% of the women wanted to the right to be able to do so. Many of the women in this study had positive encounters when social services made initial contact after a report had been made. The women felt that social service workers helped them cope with their situation. The positive interactions with the social workers may have contributed to the positive opinions of mandatory reporting presented in Antle et al., (2010) study. Mandatory reporting laws increased the services for women, but in order for the mandatory reporting laws to be effective they need to be placed
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in the context of social services (Bledsoe et al., 2004). In essence without the services provided to address the intimate partner violence the mandatory reporting itself would do the victims little good (Antle et al., 2010).
Although the support for the concepts behind the mandatory reporting laws may be positive on the whole, it does not mean the victims completely support the laws, as they currently exist. In the Sullivan and Hagen (2005) study, 60 out of 61 participants did not support the mandatory reporting laws for domestic violence unless a number of changes occurred. In another study by Rodriguez et al. (2001), similar results occurred with patients indicating they would be more likely to support mandatory reporting policies if the policies took into account patients preferences. This suggests that women prefer to control the decision when it comes to reporting to the police (Rodriguez et al., 2001). In fact, according to Sullivan and Hagen (2005), women felt strongly that they should be able to choose if the police were contacted. In another study Gielen et al. (2000), which compared views of both abused and non-abused women, abused women were 1.4 times more likely than non-abused women to prefer victim controlled reporting over mandatory reporting.
Perceived Negative Effects of Mandatory Reporting
Although studies have found that women have positive views towards mandatory reporting in some instances, there are also instances where women have negative views of mandatory reporting, particularly when considering perceived consequences of reporting. Others indicate there are barriers to mandatory reporting which do not allow it to operate as intended resulting in negative outcomes.
Despite some positive opinions, many domestic violence victims expressed negative opinions on mandatory reporting and these opinions often varied between victims and non-
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victims. Although Gielen et al., (2000), found that three-fourths of women interviewed thought mandatory reporting would make it easier to get help, two-thirds reported they would be less likely to talk to their health care providers, and half thought it would put women at increased risk. Views toward mandatory reporting differed depending if the women interviewed was a victim or not. Rodriguez et al. (2001) study, compared views on domestic violence mandatory reporting laws of abused and non-abuses women and found that 44.3% of abused women opposed mandatory reporting compared to only 29.3% of non-abused women. Some negative aspects of mandatory reporting brought up by victims, were not being ready for help and fear of false reports (Antle et al., 2010). In other instances, mandatory reporting caused patients to fear retaliation, loss of control, or family separation, which lead them to avoid, seeking help (Rodriguez et al., 2001). In fact, in the Smith (2000) study, 20% of abused women indicated they would be less likely to seek medical attention if there were mandatory reporting laws. In Colorado where mandatory reporting laws for domestic violence are in place, 9% of female patients were less likely to seek help because of the mandatory reporting laws (Rodriguez et al., 2001).
In addition to negative opinions about mandatory reporting, in some instances mandatory reporting laws lead to negative outcomes for the victims they were intended to protect. The women interviewed felt there was a severe risk to themselves if they were to tell anyone about the violence (Sullivan & Hagen, 2005). As a result of this fear many women lied about their injuries because they were afraid the police would be contacted. In other instances, the abusers prevented the victims from seeking medical attention for fear the police would be called. Participants were also often disappointed by the responses from
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police, prosecutors, and courts and therefore wished to have no further part in the system even when the violence continued (Sullivan & Hagen, 2005).
Victims of domestic violence have both positive and negative views about mandatory reporting. Victims tended to have a more positive view of the laws if they allowed the victim to have a say in whether or not a report was made. In addition, when victims received services and had positive interaction with those providing the service, they were more likely to view mandatory reporting in a positive light. Women who had been abused were more likely to have negative views of mandatory reporting than women who were not abused. Women indicated they would be less likely to seek medical services if mandatory reporting laws were in place or to lie about their injuries undermining the main goal of mandatory reporting. In addition, the abuser may prevent victims from seeking help if such laws are in place.
Students Views on Mandatory Reporting
The study considered here was conducted by the Virginia Commonwealth University to provide an insight into students views on mandatory reporting policies (Mancini et al., 2016). The study focused on students opinions about a mandatory reporting policy which if implemented would require universities to report all suspicions of sexual assault involving students to the police.. .even if the students do not want the crime reported (Mancini et al., 2016 p. 226). The study considered students opinions on topics such as the likelihood of reporting under the mandatory reporting policy, faculty compliance, perceptions, and expected outcomes of mandatory reporting laws (Mancini et al., 2016).
As a whole students tended to support the proposed mandatory reporting policy highlighting several potential positive outcomes of the policy while also acknowledging
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potential negative outcomes. Mancini et al. (2016), indicates that 66% of students either supported or strongly supported the mandatory reporting policy. Although a majority of the students supported the mandatory reporting policy, the percentage of students supporting the policy was lower than the percentage of the general public who supported the policy, which was determined in a previous study. Only 15% of the students indicated having a mandatory reporting policy like the one proposed would reduce their likelihood of reporting and 56% said it would increase their likelihood of reporting. Although students felt the mandatory reporting policy would increase their own likelihood of reporting, 62% felt the policy would decrease peer reporting. Students acknowledged the positive benefits of such a policy and indicated they felt it would lead to better victim assistance, increased arrest risk, would prevent university cover ups, increase university accountability, and increase the punishment for perpetrators. However, students understood the potential negative aspects of mandatory reporting such as increased wrongful arrests, reduced help seeking, potential victimization, and wasting resources. In addition, three-fourths of the students also felt mandatory reporting would reduce victims autonomy. The study also showed that 85% of the students felt faculty would comply with the law even if it were against a students wishes (Mancini et al., 2016).
Although this study does not concentrate specifically on students opinions on the mandatory reporting duties of responsible employees under Title IX, it does provide some guidance on how students feel towards a mandatory reporting policy that deals with one aspect of sexual misconduct and has a reporting requirement regardless of the students wishes. Although the students recognized both negative and positive aspects of the mandatory reporting policy, the fact that a majority of the students were in favor of the policy indicates the positive factors must have outweighed the potential negative outcomes.
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Students also seemed to feel faculty members would adhere to the policy and report even if it was against a student's wishes.
University of Colorado Denver Specific Policies
The final piece of information needed to fully understand sexual misconduct, Title IX, and mandatory reporting in the context of this study, is information on the specific policies and procedures in place at the institution where the research will be conducted. This will provide the framework for the exploratory research conducted and will demonstrate how the three aspects intersect in a specific college setting.
The policies surrounding sexual misconduct at U.C.D. are outlined including who the policies affect, in what setting they apply, and what behaviors are covered. U.C.D. prohibits any act of sexual misconduct or related retaliation, which applies to students, faculty, staff, contractors, patients, volunteers, or affiliated entities or 3rd parties (U.C.D. Office of Equity, 2016f). Policies further explain that all students have the obligation to perform their duties and exercise judgments of others in accordance with basic standards of fairness, equity and inquiry (University of Colorado Board of Regents, 2015 para. 3). The policies apply to both on and off campus conduct thus incorporating online and electronic communications (U.C.D. Office of Equity, 2016f). At U.C.D. the Office of Equity investigates allegations of discrimination, harassment, sexual misconduct, and related retaliation (U.C.D. Office of Equity, 2016a). Sexual misconduct prohibited at U.C.D. is defined as sexual assault non-consensual sexual intercourse, sexual assault non-consensual sexual contact, sexual exploitation, intimate partner abuse, gender based stalking, sexual harassment, or retaliation related to sexual misconduct (U.C.D. Office of Equity, 2016b).
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The responsible employee policy is explored in detail including who falls into this category, details on their report, and their obligations. Any responsible employee who witnesses or receives information about sexual misconduct is required to report to the Title IX coordinator details about the misconduct including the victims name, alleged perpetrators name, name of alleged witnesses, and any other relevant information such as date, time, and specific location of the incident (U.C.D. Office of Equity, 2016a). U.C.D. defines a responsible employee as any employee who has the authority to hire, promote, discipline, evaluate, grade, formally advise or direct faculty, staff or students and has the authority to redress sexual misconduct (U.C.D. Office of Equity, 2016a para. 24). This definition excludes medical, mental health, counseling, or office personnel from the mandatory reporting requirement (U.C.D. Office of Equity, 2016a). Even if the individual disclosing the information requests privacy or that no investigation takes place the responsible employee is still required to report the information to the Title IX coordinator (U.C.D. Office of Equity, 2016b). The coordinator must weigh the students request for confidentiality against the universities obligation to provide a safe, nondiscriminatory environment and may still proceed with the investigation (U.C.D. Office of Equity, 2016b).
A responsible employee needs to let students know about their obligation to report; explain that the student has the option to ask the university for confidentiality but it may not be guaranteed; and advise the student of the ability to share information with other resources who do not have the obligation to report (U.C.D. Office of Equity, 2016g).
Responsible employees are not the only ones affected by the sexual misconduct policies, U.C.D. also has obligations it must fulfill. Campuses must provide victims of sexual misconduct with information on reporting, victims rights and options, the importance of
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preserving evidence, responsibilities for orders of protection, services available, and accommodation options (U.C.D. Office of Equity, 2016b). To achieve this aim, U.C.D. provides three confidential resources on their Denver Campus, in addition to providing students with a list of community resources and non-confidential sources all of which can be located on the Universitys Office of Equitys website (U.C.D. Office of Equity, 2016d). Accommodation options are available to students regardless of whether or not they participate in a campus intervention, disciplinary proceeding, or report the crime to law enforcement (U.C.D. Office of Equity, 2106h).
Gaps in the Literature and Current Study Aims
Previous studies have explored sexual misconduct on college campuses looking into prevalence rates and reporting practices. Title IX and mandatory reporting individually have been explored in detail. In addition, views of victims who are the subjects of mandatory reporting laws focused on other disciplines have also been considered. However, little is known about mandatory reporting on college campuses in relation to Title IX. This presents a gap in the literature, which warrants further exploration, particularly considering the fact that reporting rates of sexual misconduct against college students are already low. The study that did focus on students views of mandatory reporting policies focused on a hypothetical requirement for colleges to be required to report suspicions of sexual assault to police. The study did consider reporting regardless of a students wishes.
As the literature currently stands there are several gaps, which the current research aims to fill. No literature was identified that specifically considered victims views on the policies that require faculty to report all forms of sexual misconduct to the college itself regardless of a victims wishes. In addition, nothing was located in the literature, which
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considered the opinions of victims of sexual misconduct about the mandatory requirements presented under Title IX. As mandatory reporting policies are in place to assist victims it is essential to consider their views on the matter. Similarly, no research was identified that considered the views of faculty members who have made reports under the responsible employee policy, faculty members who have gone through the training, and administrators who worked with victims. These groups are also affected by the policy so it is important to develop an understanding of their perceptions of the policy. Previous research on other mandatory reporting laws indicates a correlation between a victims opinions on mandatory reporting laws and the services available to them. However, the literature has not considered how the views of victims, faculty members, and administrators might be influenced by the services available to victims. The current research aims to explore the views of victims of sexual misconduct who had their incident reported to the Title IX office, faculty members involved with the reporting process, faculty members who have gone through the training, and administrators who work with victims in regard to the responsible employee policy; to develop an understanding of the role services available to victims plays in participants opinions about the responsible employee policy; and to identify any policy implications.
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CHAPTER III
METHODS
The methods section provides a detailed explanation of how this research was conducted. The first section lays out the approach selected. The second section examines human subjects concerns. The third section provides details on sampling such as the specific sampling method used, inclusion and exclusion criteria, and how the sample was obtained. The fourth section explains the data collection procedures and addresses the advantages and disadvantages of the method. Next, risks and benefits of the methods used are considered. Afterwards, the areas of exploration are considered, then the data analysis plan is described. Finally, limtations of the methods are considered.
A Qualitative Research Approach
The goals of the research were accomplished using qualitative methods. Specifically, the research was designed to be exploratory in nature since little is known about victims, faculties, and administrators views of the responsible employee policies. Qualitative research was a suitable approach given that it allowed for exploration of peoples motivations, value systems, and histories by presenting detailed accounts from the participants perspective (Saldana, 2015). Qualitative research is typically used to aid in developing a complex or detailed understanding of a particular issue (Creswell, 2013). In addition, according to Creswell (2013), exploration is needed to study a group or population, identifying variables that cannot easily be measured or to hear silenced voices. Qualitative research also seeks to direct the focus on the meaning the participants give to a particular issue and to shed light on the complex interactions among different factors (Creswell, 2013). In qualitative research the participants are not viewed as objects of study but as co-
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researchers of the issue at hand to enhance ownership of the investment in the study (Saldana, 2015 p. 114).
The current study focuses on those who have previously been under-examined in groups, with the hopes of identifying their thoughts on a complex topic. Qualitative research is often considered to be interpretive because the researchers intent is to make sense of the meaning others have about the world (p. 25). This approach works well with the current research, which seeks to understand the perceptions of victims, faculty, and administrators about a particular policy. Thus it is necessary to have a study design that allows their meaning or understanding of the topics to be heard.
The use of qualitative methods offers many advantages for this project. It has been used in other research projects seeking to assess the opinions of a particular group about a certain policy. For instance a qualitative approach was used to identify victims of domestic violence opinions on mandatory reporting policies (Antle et al., 2010). In addition, the Mancini et al. (2016) study of students opinions on a hypothetical mandatory reporting policy emphasized the importance of having a study that was exploratory in nature because nothing was known about the subject.
However, there are some disadvantages to a qualitative study that must be acknowledged. Typically, a qualitative study focuses on a smaller number of people than a quantitative study. A qualitative study often takes longer for the individual participants to complete and involves a more detailed and complex analysis process for the researcher. However, in this case, the benefit of obtaining as much detailed information as possible on a relatively unexplored topic outweighs any disadvantages of the qualitative process. As explained by Creswell (2013), the purpose of knowledge construction is to aid people to
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improve society (p. 26). By understanding the perspectives of those who are directly affected by a policy, an understanding of any policy implications may be developed which if addressed will have a positive impact on future victims.
Human Subject Concerns
The current research project deals with human subjects; therefore it is essential to address human subject concerns. The following section considers how the research addressed the concerns of voluntary participation, confidentiality, and informed consent. All procedures outlined in this study followed the ethical considerations outlined by the University of Colorado Denvers Institutional Review Board1. In addition, the researcher has taken the Collaborative Institutional Training Initiative courses to be fully informed about human subject concerns.
All participants were advised that their participation is voluntary and that they may refuse to answer any questions and/or stop the interview at any time. All responses are confidential; no identifying information is attached to the responses and all data are presented in aggregate form to protect the individuals involved. All participants were given a copy of the informed consent form outlining the specifics of the study; a copy of this form can be found in Appendix A. The researcher addressed any questions that the participants had and asked the participants if they understood the possible risks and benefits of the study, that their participation was voluntary, and that their information will be confidential. The researcher then obtained verbal consent from the participants. Verbal consent was being obtained rather than having the participant sign a consent form to help insure the confidentiality of the participants.
1 To view the full IRB Protocol please contact the researcher.
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Sampling
Sampling Method
The sample used to address the research objectives was a convenience sample. In general, convenience sampling has been accepted in qualitative studies because this sampling method allows for intentional sampling of a group of people that can best inform the researcher about a particular problem (Creswell, 2013). Convenience sampling allows the researcher to save time and money while still accessing a sample from the population they seek to understand. There are, however, limitations to the proposed sampling. Because the sample is not a probability sample, findings cannot be generalized to the population as a whole. In other words, the sample may not be representative of all victims, faculty, and administrators. While a limitation, this is not a great concern as the purpose of this research is exploratory in nature.
The sampling process in the current study is similar to sampling processes that were used in previous studies examining victims opinions of mandatory reporting (e.g., see Mancini et al., 2016). In their study on victims of domestic violence, Sullivan and Hagen (2005) contacted organizations that helped or had contact with the victims to seek their assistance in finding women for the study; the researchers then contacted former or current clients who might be interested in participating in the study. Similarly, in Antle et als.
(2010) study, the convenience sample was drawn from female victims who had been contacted after a report of domestic violence was made. In the Antle et al (2010) study, 24 victims were interviewed.
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Inclusion and Exclusion Criteria
The victims, faculty, and administrators were selected from the University of Colorado Denver. The sample included five victims of sexual misconduct who had their incident reported to the Title IX office, five faculty members who were involved with the reporting process, five faculty members who have gone through the training, and five administrators who work with victims of sexual misconduct at the university. These populations were selected because they are the ones directly affected by the responsible employee policy making it important to understand their views on the policy. Several groups were not eligible to participate in this study. These included anyone who is under that age of 18, prisoners, or decisionally challenged individuals. Non-English speaking participants are also excluded from the study. Although these individuals may provide a different perspective from those included in the study, given that this is the first study exploring opinions about the responsible employee policies, the researcher opted to focus on easier to access respondents. Future research should build upon this and gather similar information from the excluded groups.
Obtaining the Convenience Sample
Victims, faculty, and administrators were selected to participate in the study with the assistance of the Title IX coordinator at the school. The Title IX coordinator provided access to the individuals. Given the Title IX coordinator already had an established relationship with the victims, it was determined she would be best person to initially identify potential participants. The Title IX coordinator also had a relationship with the faculty members who were involved in the reporting process, faculty members who have gone through training, and administrators who work with victims that come to her office. Therefore it was
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determined she would be the best person to identify these participants as well. Potential participants were given a brief description of the study and were asked if they wished to participate. If so, they were asked to contact the researcher to set up the interview. Participants recruited were given a recruitment flyer with information about the study and the researchers contact information; a copy of this flyer can be found in Appendix B. The Title IX coordinator referred any questions about the study to the researcher and did not answer any questions about the study.
Data Collection
To conduct this research, data about the individuals in the sample were gathered from three sources: case files, surveys, and interviews. The following sections address each of the sources.
Case Files/ Survey
The initial phase of data collection centered on gathering information from case files and surveys. Once the victims agreed to participate in this study, the Title IX office provided demographic information from their case files. Specifically, the information collected was the participants age, gender, race, level of education/university role, the type of sexual misconduct experienced, and the category of the person was in who made the initial report about the victimization, such as the victim themselves or a professor. This information was obtained from the case files instead of through the interviews in order to minimize the response burden on the victim participants.
Demographic information about the faculty and administrator participants was gathered through a survey given to the participants at the beginning of the interview. A copy of the survey is located in Appendix C. The information collected includes the participants
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race and ethnicity, age, gender identity, years employed with the university and, for faculty members, their status and rank. All demographic information is presented in aggregate form and is not tied to the specific individuals in the study or to their interviews.
In-Depth Interviews
The second phase of the data collection was in-depth, semi-structured interviews with the twenty participants. The one-on-one interviews were conducted using open-ended questions. Sub-questions were developed based on the respondents answers to previous questions. The questions were designed to help guide the interview, but respondents were allowed to comment on anything they felt was relevant. In addition, using this approach, answers were probed when needed.
Interviews allow for an in-depth discussion of the issues and allow for a greater understanding of those issues. In particular interviews using open-ended questions allowed the participant to provide his or her own answers without influences from the researcher and allow capturing of rich detail (Maxfield & Babbie, 2011). Open-ended interviews created the opportunity for the researcher to follow up on what the participant was saying and to ask additional questions to clarify what the participant was trying to get across which helps to establish face validity. Other studies focusing on mandatory reporting policies have used in-depth interviews to assess the opinion of victims about these policies. However, there are some disadvantages to interviews. Interviews require a greater amount of time than surveys and do not allow information to be obtained from as many subjects. In addition, having open-ended question makes it more difficult for the interviewer to categorize responses (Maxfield & Babbie, 2011).
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Separate interview guides were created for each group of individuals interviewed although some questions were similar to allow for comparison. Copies of the interview guides can be found in Appendix D, E, F, and G. The interviews were conducted in person and were conducted in a private setting2. The interviews were conducted either in a private office on the campus or an off campus location3. Although none of the participants chose to do so, they were given the option to have the interviews conducted at the Phoenix Center at Auraria. The Phoenix Center is one of the confidential resource centers available to students, faculty, and staff and was offered as a possible location for interviews because of the availability of advocates. The participants could choose to have an advocate with them during the interview. Each interview lasted approximately 30 minutes (29.3112.93).
Participants were asked if they would consent to the interviews being recorded. Once their permission was obtained, the interviews were recorded and later transcribed verbatim. Having the interview recorded allowed the researcher to fully focus on the participant throughout the interview and allowed a more natural flow in the conversation. The recordings were kept until the transcriptions were completed. All transcriptions will be kept for three years following the completion of the study. All data are stored in a secure location. In particular the data are kept in a locked file cabinet inside a locked office that can only be accessed by the research team working on the project.
Risks, Risk Management, and Benefits of Methods As with all research there are some risks to participants in this study, however the risks have been determined to be minimal and are outweighed by the benefits of the research.
2 One faculty interview was conducted over the phone for their convenience.
3 Two victims requested to have their interviews conducted at an office campus, public location.
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The risks associated with obtaining the demographic information for the victim participants was they might be upset that information was gathered from their case file. Victim participants were advised during the consent process that this information will be obtained and victim participants can ask to not have this information disclosed. The benefit of accessing the case files is the researcher does not need to ask the victim participant basic demographic or background questions thus decreasing the burden on the participant. Similarly, there was a risk that faculty members and administrators would be upset about needing to provide demographic information. By having the faculty and administrator participants fill out a separate demographic questionnaire it decreased the risk that demographic information can be associated with a specific interview, thus helping to maintain the confidentiality of the participants. While there was a risk related to the demographic information no evidence was found that the participants were troubled by it.
The interviews presented a minimal risk to participants. The participants could experience some discomfort because the interviews related to policies surrounding reports of sexual misconduct. Although no evidence indicated that the participants experienced discomfort during the interviews and none of the participants were referred to campus resources, the researcher did have a list of these resources available. This list is located in Appendix H. In addition, the burden on participants or potential risks experienced during the interviews was minimized because the interview questions were designed to not ask sensitive questions about the events surrounding the victimization but rather focus on respondents perceptions of a reporting policy.
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Areas of Exploration
There were three main research objectives for this study: to explore the views of individuals affected by responsible employee policies; to develop an understanding of the services available to victims and the roles these services play in participants opinions about the responsible employee policy; and to identify policy implications. This section describes the type of information gathered to satisfy the research objectives. First information was gathered to identify participants background knowledge or understanding of the Title IX policy. The second area elicited information used to develop an understanding of participants perceptions about the policy. The third area of interest identified respondents perceptions of the role of services. Finally, the fourth area of interest gathered information allowing an understanding of policy implications.
Determining Participants Initial Background with the Policy
The interview questions were designed to address the three main research aims and have been developed using questions from other studies of victims opinion of mandatory reporting laws (Antle et al., 2010; Sullivan & Hagen, 2005; Mancini et al., 2016; Smith, 2000). By using questions adapted from similar studies, the researcher increases the validity of the study. The first question asked on all interview protocols is designed to help the researcher identify the participants understanding of the responsible employee policy. The questions sough to determine if the participants were aware of the reporting requirements for responsible employees in regard to instances of sexual misconduct. If the participants were aware of the requirements they were asked to explain when and how they became aware of the policy. Victims and administrators were asked to describe the policy allowing the researcher to see if their understanding of the policy matches with the actual policy. The
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policy was provided to victims and administrators at this point to ensure they understood the policy that was considered throughout the rest of the study.
Perceptions about the Responsible Employee Policy
One goal of the research was to explore the views of victims, faculty, and administrators in regard to mandatory reporting polices for responsible employees. In order to understand this aspect, the research participants were asked to share their thoughts on the responsible employee policy. The questions here are different from the first area of exploration in that they sought not to understand participants knowledge of the policy but rather to illicit participants opinions about the policy. They were prompted to provide additional details through a series of sub-questions. In previous research on students views about a hypothetical mandatory reporting policy, students were asked if they supported or opposed the policy, if it would change reporting habits, what the expected outcomes would be, and if a faculty member would report (Mancini et al., 2016). In addition, studies of the opinions of victims of domestic violence have considered the effect of mandatory reporting policies on a victims reporting habits and on their position for or against such a policy (Smith, 2000). The current research incorporated all of these aspects in the sub-questions while also asking victim participants to consider if they would want someone else sharing their story. All participants were asked who they felt should be a responsible employee. Participants were then asked more detailed questions relating to their specific roles to help obtain a deeper understanding of their perspective.
Role of Services Provided
The second aim of the research was to develop an understanding of the role services available to victims play on participants opinions about mandatory reporting polices for
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responsible employees. The potential impact of services provided on views of mandatory reporting has been explored in studies looking to examine the opinions of victims of domestic violence about mandatory reporting (Antle et al., 2010). In order to understand the potential role services play in the opinions of victims of sexual misconduct a series of questions about services were asked. To provide background information on services from the victim participants, questions were asked about knowledge of services, availability of services, if assistance was obtained, what type of assistance was obtained, and if there were barriers to obtaining the services. For the other three groups some questions were asked on the topic of services but the questions differed based on the individuals role. All participants were asked to explain if the availability of services had an effect on their opinions of the responsible employee policy.
Policy Implications
The final aim of the research was to identify any possible policy implications. Previous research on mandatory reporting and domestic violence considered victims suggestions for improving the policies and what changes need to be made in general to improve services or the policy (Antle et al., 2010; Sullivan & Hagen, 2005). In order to develop an understanding of possible policy implications for the responsible employee policy, participants were asked if they felt any changes needed to be made to the policy. Participants were asked additional questions about the effectiveness of the policy and the reporting process as a whole based on their specific role. This allowed for an understanding of both the policy implications for the particular policy in consideration and for the reporting process as a whole.
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Data Analysis and Organization Plan
Quantitative Analysis
Although the research was primarily qualitative in nature, there was a small quantitative analysis piece involving respondents demographics. A codebook was created and data from both the case files and the demographic questionnaires were coded. Once the data were coded and entered into SPSS, frequencies were generated. All data are reported in aggregated form so that identification of participants is not possible. For the demographic and background information obtained from the case files and demographic questionnaires information presented only includes percentages. For the age and years employed categories the mean and standard deviation are presented. These descriptive results allow the reader to understand basic information about the groups of participants in the study while also maintaining confidentiality of the participants.
Qualitative Organization and Analysis
In a qualitative analysis, the researcher follows a path of analyzing the data to develop a detailed knowledge of the topic being studied (Creswell, 2013). The researcher seeks to synthesize large amounts of data into more manageable pieces in order to reflect on the information and discover meaning (Saldana, 2015). According to Bernard and Ryan (2010), analyzing text involves five core tasks: discovering themes and subthemes, describing the core and peripheral elements of themes, building hierarchies of themes/codebooks, applying themes or attaching them to chucks of actual text, and linking themes into theoretical models (p.54). Patterns are the foundation for creating codes, categories, and themes, and the more often a pattern occurs the more stable the pattern (Saldana, 2015). In most qualitative studies investigators examine patterns and redundancies
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to identify distinct themes, which then guide the presentation of findings (Sullivan & Hagen, 2005).
The researcher first read through the transcriptions several times to get a sense of the interviews as a whole. The process of analysis began by identifying patterns, developing codes, organizing the codes into themes, which were then used to create larger units of abstraction. As explained by Creswell (2013) coding involves aggregating the text into small categories of information (p. 184).
Coding was conducted in three broad phases: open coding, axil coding, and selective coding (Strauss, 1987). In the first phase, open coding, which is unrestricted coding, was done by looking for repetitions, in-vivo codes, metaphors and analogies, transitions, similarities and differences, linguistic connectors, missing data, and theory-related material (Bernard & Ryan, 2010). Two main types of codes are identified at this stage (Strauss, 1987). The first type, in-vivo codes, are codes which are literal terms used by the participants themselves (Berg, 2004). The second type of codes, sociological constructs, are codes developed by the researcher based on their knowledge of the field (Berg, 2004). While conducting open coding the researcher keeps in mind the original study aim, analyzes the data minutely, and frequently writes notes (Berg, 2004). This approach ensures that important categories are not overlooked (Strauss, 1987). The researcher then moves to axil coding, which consists of ...intense analysis done around one category at a time (Strauss, 1987 p.32). In essence, at this stage relationships between categories and subcategories are developed. In the final stage of coding, selective coding, core categories are formulated and other codes are related to them (Strauss, 1987).
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Typically during coding some form of organizational system is developed such as the creation of an indexing system or a codebook. Here topics and subtopics are listed as codes along with identification of where the codes can be located and may even be accompanied by a brief excerpt from the transcription for later use as a specific quote (Berg, 2004). The codebook contains information on structural codes, theme codes, and memos (Bernard & Ryan, 2010). The structural codes here describe the environment in which the data was collected. The theme codes are the information showing where the codes identified in the text are located. Finally the memos contain any notes or information about themes. As the researcher reads through the transcriptions the text is marked up with notations of codes and specific examples are highlighted. This information is ultimately used as the basis for the indexing system (Bernard & Ryan, 2010).
The next stage of the data analysis centers on content analysis. In this sense content analysis is used as a general term for coding the text into categories and then counting the frequency of the occurrence in each category (Neuendorf, 2017)4. The researcher refers back to the index sheets where the codes have already been notated (Berg, 2004). The codes were counted and the number of times they appear were reported to illustrate their frequency, which may help to illuminate participant interest in a theme (Creswell, 2013). In addition by presenting the magnitude of the observation it makes the argument more convincing (Berg, 2004). However it is important to note that the frequencies presented are not findings themselves but rather are presented to bolster the overall analysis (Berg, 2004).
4 Even in scholarly literature there is some debate as to what may be called content analysis (Neuendorf, 2017).
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After coding was completed themes were then developed which are broad units of information that consist of several codes aggregated to form a common idea (Creswell, 2013 p. 186). Developing themes allowed the researcher to look beyond the information present in the data and to work towards developing a broader understanding (Saldana, 2015). Specific quotes were identified and used to provide concrete evidence supporting the individual themes. In addition, having this illustrative data allows for the reader to get a sense of the specific viewpoint of the participants and provides and understanding of their reality (Strauss, 1987). In order to ensure confidentiality of the participants, no identifying information is included with the quotes. In order to establish reliability, two different researchers coded the data separately. The researchers then compare the codes and themes they developed and discuss until they reach agreement thus establishing intercoder agreement.
Limitations
There are some limitations to the current study. The study is exploratory which is often seen as a limitation, however, the purpose of the study is to provide an initial look at a relatively unexplored topic. Therefore an exploratory approach is necessary and justified.
The sample size is relatively small. However, the sample size is less important if saturation is reached. The sample itself is not a probability sample and therefore it is not a representative sample. The sample comes from just one location and one particular time. Therefore the results of the study are not generalizable. However, despite the limitations, the current study is still justified because it fills a gap in the literature and provides the first look into an unexplored topic.
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CHAPTER IV
RESULTS
Sample
Before examining the results, a more detailed understanding of the environment where the research took place, the unique perspective of participants, and challenges with obtaining the sample are outlined. It is important to have an understanding of the university where the research was conducted as the University of Colorado Denver differs from other major institutions in several ways. The universitys downtown campus is located in an urban setting and is part of a tri-institution campus. Although there are some dorms at the downtown campus, the university is mostly a commuter campus. The university also has a separate health sciences campus located in a similar urban environment. Research was conducted with participants at both campus locations.
Many of the participants ended up having overlapping roles, which may have provided unique perspectives. For instance, several of the faculty members who made reports had also taken Title IX training. All of the student victims were also university employees so their experience, perspective, and knowledge may have been different than those individuals who were just students. In addition, with the possibility of cross-reports one of the victims also experienced some of what the respondents go through also contributing to a unique perspective. All victim participants had completed the entire Title IX investigation process and therefore may have had different perspectives from those who are still going through the process. Some individuals, particularly those in the health sciences programs, had mandatory reporting requirements outside of their role as responsible employees which may have resulted in different perspectives due to their background knowledge on reporting and why it
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is important. One benefit when it comes to the faculty members is faculty in both categories were from a variety of different departments on campus which allowed for an understanding based on a variety of backgrounds and provided wider insight on policy perceptions.
There were some challenges with obtaining the sample needed for the current research. There were no challenges with recruiting participants from the administrator category; five administrators were asked to participate and all five agreed to take part. The biggest recruitment challenge was the two faculty groups. Ten faculty members were needed to take part in the research and 30 faculty members had to be contacted in order to obtain the sample needed. As a result of this challenge it is quite possible those who were willing to participate in the study had more interest in the policy and therefore their views could have been different from the average faculty member. For the victims, the challenge was not as much in actually obtaining the needed number of participants but rather in determining who would be appropriate to contact and who would be in a place in the process where they could answer the questions. In total seven victims were contacted to obtain the five needed for the study.
Quantitative
Before considering the findings for the three research objectives for the project, information about the sample is presented. Demographic information for all groups: administrators, faculty reporters, trained faculty, and victims is considered. First demographic information that was obtained from all individuals is provided. For the categories where information was gathered from all participants: gender, race, Hispanic origin, and age, the appropriate statistics are presented in Table 1.
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Table 1
Basic Demographic Information on All Participants
Demographics Total (n=20) Administrators (n=5) Faculty Reporting (n=5) Faculty Training (n=5) Victims (n=5)
Gender %
Women 75 60 80 80 80
Men 25 40 20 20 20
Race %
White 80 100 80 80 60
Black/ African American 5 20
American Indian/Alaska Native 10 20 20
Asian/Asian American 5 ... 20 ... ...
Hispanic Origin %
Yes 10 20 ... 20
No 90 80 100 100 80
Age (MSD) 40 15 36 8 50 13 46 14 30 13
Note: Although several categories were possible for both gender and race, only the categories with data are presented.
The majority of all participants were White, (80%) and non-Hispanic (90%). Seventy-five percent of all participants were female. Victims were, on average, the youngest group with a mean age of 30 years old (3013). Victims were also the most diverse group interviewed with 20% African American, 20% American Indian, and 60% White. Next, demographic information specific to each of the individual groups is presented. Administrators
All administrators identified as being White and 20% identified as being of Hispanic origin. Forty percent of administrators were males and 60% were female. The average number of years administrators had been employed with U.C.D. was 3.5 years (3.5 1.73). Faculty Reporting
The majority of faculty reporters, 80%, identified as White and none of the faculty reporters were of Hispanic origin. Only 20% of faculty reporters were male. The average
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number of years faculty reporters have been employed at U.C.D. is 13 years (13.2 8.89). Eighty percent of faculty reporters are tenured or tenure track faculty and 20% are clinical. Faculty Training
Twenty percent of faculty members who went through the training are American Indian or Alaska Native and 80% are White. None of the faculty members who went through the training identified as being of Hispanic origin. The average number of years faculty members who went through the training have been employed at U.C.D. is 9 years (9.3
6.16). Forty percent of faculty members who had gone through the training were tenured or tenure track faculty. Likewise 40% of faculty who had gone through the training were instructors. Lecturers made up 20% of the faculty members who had gone through the training.
Victims
Eighty percent of victims were women. The education level or university role of the victims was diverse with 40% of victims being undergraduate students, 20% staff, 20% faculty and 20% graduate students. Victims can experience more than one type of sexual misconduct; therefore all forms experienced were reported. The greatest proportion of victims experienced sexual assault, 33.3%, or sexual harassment, 33.3%. For the other types of sexual misconduct, 16.7% of victims were stalked and 16.7% of victims experienced intimate partner violence. It was also possible for multiple parties to make a report to the Title IX office for a single victimization. The majority of the reports, 50%, were made by the victims themselves. Other reporters included supervisors who reported 16.7% of victimizations, staff who reported 16.7% of victimizations, and police who reported 16.7% of victimizations.
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Qualitative
This section presents the findings from the qualitative analysis of the interviews.
Eight overarching themes were developed from an analysis of all interviews and are presented along with their sub-themes. Counts are presented with how many interviews each theme occurred in along with a more detailed count that presents how many times each themes occurred total5. Information on the participants background knowledge of the policy as a whole for each individual group is explored. Then the themes for each group are presented along with their related sub-themes. There were four themes identified for the group of administrators, five themes identified for faculty reporters, four themes identified for faculty members who went through the training, and four themes were identified for victims.
Overarching Themes
Eight overarching themes were developed along with their sub-themes including Policy itself (sub-themes: broad versus narrow, advantages, disadvantages, and where is the line), Lack of awareness or Understanding (sub-themes: knowing policy exists and understanding what it means), Knowledge through training (sub-themes: increasing knowledge of resources, initial conversation, and how to implement training to effectively educate), Resources (sub-themes: types, importance for victims, and confidentiality), Communication (sub-themes: reporting process and support), Role of Relationships (subthemes: relationships in reporting, relationships as an inhibitor to reporting and Title IX Office), Internal Conflict, Trust (sub-themes: fostering trust and loss of trust). Table 2
5 Themes may occur more than once in the interview so it is necessary to present their overall count to demonstrate their true frequency in addition to the count of how many interviews they occur in.
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provides a count for each of the themes and sub-themes showing how often each theme occurred and how many interviews the theme occurred in.
Table 2
Theme Prevalence
Themes and Sub-themes Overall Theme Frequency Number of Interviews Containing Theme
Policy Itself 123 20
Broad Versus Narrow 23 20
Advantages 25 20
Disadvantages 38 20
Where is the Line 16 7
Lack of Awareness or Understands 53 18
Knowing Policy Exists 21 13
Understanding What it Means 20 13
Knowledge Through Training 125 18
Increasing Knowledge of Resources 17 11
Initial Conversation 19 8
How to Implement Training to Effectively Educate 42 15
Resources 92 20
Types 25 13
Importance for Victims 28 18
Confidentiality 22 14
Communication 59 19
Reporting Process 24 12
Support 21 12
Role of Relationships 53 18
Relationships in Reporting 19 12
Relationships as an Inhibitor to Reporting 10 4
Title IX Office 20 12
Internal Conflict 12 8
Trust 44 17
Fostering Trust 21 12
Loss of Trust 19 12
Note: The number of interviews for this group was 20.
Policy Itself
This theme focuses on the perceptions and ideas related to the policy as a whole. The sub-themes consider specific aspects of the policy. The initial conversation centers on how participants feel about the policy in general such as supporting, opposing, or having mixed feelings about the policies existence, the counts for this perception are found in Table 3.
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Table 3
Feelings About the Policy
Group Support Middle/ Mixed Opposed
Administrators 2 2 1
Faculty Reporters 5 ... ...
Faculty Training 3 2 ...
Victims 3 2
Total 13 6 1 -
Note: n=20
As a whole the majority of participants tended to be on the side that supported the policy, making comments such as we need it, I support it 100%. Participants gave a variety of explanations as to why they felt the policy was important to them. In some instances, they emphasized how the policy is important to victims: its a powerful policy and it affords people the opportunity to have their voices heard. In explaining why the policy is needed as a whole:
Its a great policy because a lot of times if there is no policy in place people wont say anything. It gives people the initiative to be able to go and report and also protects those who are being harmed in the situation.
Other support came from the fact that a lot of institutions and organizations require folks to
report that information so its not unusual and because of the normality of the policy there
was no need to question or have uncertain feelings about the policy. Other participants were
not as sure about the policy. They could see the importance of having something in place but
felt some caution was needed even though they still supported the policy:
I think there have to be policies so we know where to start; however, I also believe that we have to be careful when we have a policy because it doesnt necessarily include variables that we dont even know about yet.
Others could understand how the policy was beneficial, yet felt this was not quite enough to
push them over to the support side and instead had mixed feelings about the policy. For
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instance one participant responded, I have really mixed feeling about it, in this role I have gotten to see how valuable Title IX is, that option for students can be life changing. Only one participant was more on the side that opposed the policy.
Broad versus narrow. Perceptions of the policy are then further broken down in the broad versus narrow theme. This theme related to where participants were asked to explain who they felt should be considered a responsible employee at the university. Participants either defined the definition broadly, which meant they took the view that the policy should be all-inclusive, or participants took a more narrow approach to the policy and described specific individuals who they felt should be considered responsible employees. Table 4 presents the counts for the two different views of the policy definition.
Table 4
Broad Versus Narrow
Group Broad Narrow
Administrators 1 4
Faculty Reporters 4 1
Faculty Training 2 3
Victims 5
Total 12 8 ,
Note: n=20
Views here were more mixed with slightly more participants opting for the broader definition. Participants on the broad side felt I guess its all or nothing or took the approach that Everyone, Everyone should be included no matter what. For participants who instead opted for the narrower approach where only certain participants were included, their thought process often centered around the perception are they someone looked up to and have some insight into how things can be resolved. This idea around perception and also the groups
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power within the administration influenced the decision on who should be considered a responsible employee. For instance, one participant felt absolutely everyone in administration and full time faculty should be responsible employees but felt its harder for lecturers, recognizing the difference in power between the groups. One category that all participants pulled out separately is student employees; therefore, views on inclusion of student employees under the responsible employee definition are considered separately in Table 5.
Table 5
Student Employees
Yes No
Administrators 3 2
Faculty Reporters 3 2
Faculty Training 2 3
Victims 2 3
Total 10 10
Note: n=20
Here participants were evenly split on whether or not student employees should be considered responsible employees. When considering student employees most participants focused on specific groups of students that came to mind such as teaching or research assistants in terms of TAs I dont know that they need to be mandatory reporters because the line between friendship and TA is pretty thin. While others considered student employees as a whole, for instance, one noted that I think student staff should not be considered a responsible employee. The idea of having students as responsible employees again comes back to perception, power, and their interaction with others. As one respondent noted, student employees why not, they are interacting, they are out there.
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Advantages. When considering the policy as a whole much of the conversation centers on potential advantages of having this policy in place. The main concept brought forth as an advantage of the policy was the promotion of awareness about issues related to sexual misconduct, resources, and the Title IX Office6 itself. Participants felt having the policy in place makes people aware and accountable for their actions and that we need to start somewhere and we need a policy. The policy is also a constant reminder to all of us that we have to do something, we have to affirmatively do something.
In addition to creating awareness, the policy is seen as a sort of protection for everyone involved. As one participant indicated it is important to have reporting structure available for folks for when this does happen, to protect not only the victims but also the university and employees. This protection extends no matter what happens and brings a sense of comfort to individuals; its a protection that makes you feel like you can get your education and if there is some impediment in your life you have a support system. The idea of a protection also encompasses the notion of safety, it lets people feel like their educational environment is more safe. One participant highlighted the importance and connection between the two advantages with the policy, indicating its really an opportunity for us to share what resources are available and gives us an opportunity to address issues so we can ensure that our campus community is safe.
Disadvantages. However when considering the policy as a whole, participants also commonly identified potential flaws or issues that could result from the policy. Similar to the advantages, participants tended to focus on two main disadvantages to the policy.
6 During the timeframe in which the research was conducted the Title IX Office was renamed the Office of Equity. However most participants still referred to it under the previous name so it will be referred to as the Title IX Office.
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Participants felt that one of the main disadvantages with the policy is mandatory reporting may lead to the sharing of information that never goes anywhere or individuals being pulled into a process they do not want to be involved with. The aspect of obtaining information that may not be used is highlighted in the idea that more often than not we end up with information and a person who doesnt call us back because they didnt want it reported. It is apparent that participants may be pulled into a process they do not want to be involved with when considering that we do a lot of outreach that doesnt necessarily go anywhere so students dont always take us up on the offer to meet or talk further about the issue. The negative aspect comes to light when considering when we dont allow folks to chose to come forward on their own timeline we are less likely to get a positive response.
Although an entirely different situation, another aspect that is seen as a disadvantage of the policy is that it may actually be a deterrence for victims. One participant indicated that the policy might deter some students from sharing with faculty in a supportive environment. Others felt the deterrence aspect comes from the idea that the policy does not take into account situational aspects and instead requires all incidents to be reported making people feel like this is a little bit legalistic coming from a very black and white situation. Other individuals may be deterred from coming forward because making the report engages the system and they may not what anything to be done or are afraid of the repercussions. Once the report is made under the policy and the processes starts people realize its scary because there could be serious repercussions and if individuals know this in advance they may just choose not to share the information with anyone. One participant gave a specific example where the student might not want to tell because they feel as though this person might get into trouble or might get kicked out of the University and they dont want
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something bad to happen and because of this they may choose to not communicate their victimization to anyone.
Where is the line? Related to the policy itself it became apparent that many individuals struggle with knowing where exactly the lines around the policy are drawn. Determining where the line is between what needs to be reported and what doesnt is something many individuals struggle with even when they are trained on or familiar with Title IX and the specific responsible employee policy. As one individual put it, one of the areas thats difficult is understanding what truly needs to be reported, so even when individuals are aware a report needs to be made they struggle with knowing what falls into that category. In general the perception is that there is still a lot of confusion in general where do we draw the line so we can actually talk about and be responsible employees but not knowing what really warrants a report or not. People still struggle with knowing where the line is even when considering individual types of sexual misconduct, such as sexual harassment; as one faculty member put it knowing to differentiate between bullying and sexual harassment is hard sometimes, where is the line and there is a gray zone too.
Knowing what falls into reportable territory and what does not is hard even for individuals who are familiar with Title IX and the policy as one individual explains, I am pretty tuned into Title IX but even I find myself sometimes having to call and speak to someone, I am not always sure the lines are kind of blurred on where Title IX starts and stops.
Finding the line can be particularly challenging for staff, departments, classes, and faculty where these kind of issues may be covered in the subject matter. It is difficult to know where it is just discussion and where it has gone too far. For instance, this can be particularly challenging in places where students come to share or discuss issues related to sexuality such
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as in the LGBTQ center. In this area folks are probably a bit more sexually expressive and have different sexual experiences outside of what is considered the norm, therefore it can be very hard to judge if something needs to be reported or not. Not knowing exactly where this line is and having to be careful not to cross it tends to shut them down which does not facilitate the safe space for the students. This issue of knowing where the line is comes up not only in designated centers for students but also in the classroom. As one participant pointed out, for people who work in victims studies, domestic violence areas, or counseling programs where the purpose of the class is not to confess our own personal experience, these things come up. This presents a challenge where it is hard to know what is just conversation related to a class and what is something that needs to be reported; this can be a very thin line. Lack of Awareness or Understanding
The second theme present is lack of awareness or understanding. There is a perception that many individuals are either not aware the policy exists or even if they are aware they do not truly understand what the policy means. This holds true for both students and employees. All participants were specifically asked to provide their background knowledge on the policy so personal knowledge was based both on self-report and an analysis of the description they provided of the policy. Individuals were considered informed if they knew there was a policy and understood the general idea. In other words they may know about the policy but have some confusion on specific details. Many participants commented specifically on their perception of whether or not individuals were informed or not informed about the policy and as a result counts of their perceptions are presented in Table 6.
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Table 6
Perception of Policy Knowledge
Personal Students Employees
Informed Not Informed Informed Not Informed Informed Not Informed
Administrators 5 0 1 3 0 4
Faculty Reporters 5 0 2 1 2 0
Faculty Training 5 0 0 5 0 5
Victims 3 2 1 2 1 1
Total 18 2 4 11 3 10
Note: Not all participants touched on their perceptions of others policy knowledge so the totals for students and employees will not equal 20.
The majority of participants were familiar with the basics of the policy but felt that other individuals on campus lacked awareness of the policy. Most individuals felt that neither students nor employees were aware of the policy.
Knowing policy exists. The knowing that policy exists sub-theme examines the lack of awareness that the responsible employee reporting policy even exists. Again this section addresses the lack of awareness for both students and employees. Starting with employees when asked if most employees are aware of the responsible employee policy one participant responded Hell no, 100% absolutely not, demonstrating the overwhelming feeling that knowledge of policy existence is lacking. This sentiment is reiterated by the individuals who conduct the trainings who feel we get a good mix of people that its new information for. This can be further illustrated through a specific training example: when I go into a room and I ask folks do you know what I mean when I say responsible employee, I will be lucky if a quarter of them raise their hands. Others singled out specific categories of employees who they felt lacked knowledge of the policy. For instance, one participant stated, I would be surprised if more than 50% of our lecturers know.
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The perception that individuals are ill informed about the policy also expands to students. The prevalent idea here is that unless students have been provided with specific knowledge about the policy through a training they will not be informed about the policy.
One faculty member emphasized this indicating that, at least in my experience a lot of students havent been aware of it until I bring Title IX in to do a presentation. Hitting also on the idea that knowledge about Title IX as a whole might be necessary for awareness of the policy, one participant explained I dont know that common students who havent gone through the training or dont know about Title IX would know that faculty members are forced to report it. Another related issue is that individuals that do know about the policy do not share information because they assume others will also know or that someone else will inform individuals. For example one individual stated I consider Title IX to be a basic assumption and if nothing else they hear it in other classes. This idea may ultimately help foster a culture where knowledge of policy existence is never achieved.
Understanding what it means. The second sub-theme emphasizes that individual awareness of the policy or Title IX does not equal understanding. Looking at Title IX as a whole, individuals may be aware that Title IX exists but they may not fully understand what it truly is about. For instance, when you ask people about Title IX they think of sports which is part of it but thats not all of it and what people dont understand is that it covers much more. Without this complete understanding they may not expect any policies to exist related to other areas. Understanding of the policy as a whole is considered in the context of employees or faculty. A common notion is that faculty and staff dont really understand even if they know they are a responsible employee. Taking it a step further, faculty have the idea that even if faculty or staff understand their role as a responsible employee that does not
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necessarily translate to knowing what that really means in terms of their responsibility. If an incident occurs they might refer them to the Counseling Center or the Phoenix Center, but they dont realize that they have to actually take action themselves demonstrating a lack of understanding. Another participant explained, I dont think a lot of faculty truly understand what they need to be doing or what they need to be aware of; its not always on the radar unless someone gets into trouble or something happens.
Knowledge Through Training
Increasing knowledge and awareness about the policy is an essential first step, and the best way to get the information out there is through training. Most participants emphasized the importance and felt that education is key and that there needs to be more widespread training of Title IX. As one administrator put it if this is the policy we want to have and we want to stick to, then we need to tell people its the policy. This is particularly important for all individuals not just those who may need to make reports but for all parties as anyone could become a victim and its important to have a basic understanding. One participant highlighted this saying, everybody needs more information about this and what it means and all the different areas that Title IX covers. One faculty member highlighted the importance of Title IX training for students indicating that she has brought Title IX into my classroom because I want students to be aware. It is also important for potential reporters to by trained in how to handle these situations because without having the correct training, resources, experience, or understanding folks who have been disclosed to could do more damage than good and we want to create a safe and comfortable environment for victims. All parties need to be aware of who the policy covers, as many people do not understand its applicability. As one respondent noted, the idea that the sexual misconduct policy applies only to students is
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something that is kind of a myth. We need to help individuals understand this applies to the entire campus community.
Increasing knowledge of resources. One of the specific areas where participants felt
there should be increased knowledge through training was resources. Here it is not only
important to increase knowledge of what resources are available but also making it clear who
they are for and what they can do for individuals. The common notion was:
Even the resources that are provided a lot of people dont know about so I think with policy goes the need to respond and as important as having the policy is I dont think we are doing a very good job yet of getting the word out of what resources are available.
For instance, making sure employees know resources are available for them if they have been impacted as many individuals only think about resources in terms of the victim but other parties such as reporters can certainly be affected as well. In addition, for employees who may be in the victim role, it would be beneficial for employees to know that as an employee if you enter down this pathway there are all these resources. Many employees are unaware of this so it would be helpful to have just a quick information sheet on employee resources. Having employees aware of the resources available is not only essential in case they need to use the resources, but it is also important for employees to know what resources are available and to understand what the resources are so they can actually guide people to them.
Looking at the need for education on resources more broadly, participants suggested the importance of more knowledge about the two separate groups, one that doesnt have to file the formal report and one that does as they felt knowing this they could better direct victims based on what the victims goals are. Knowing what is out there was particularly important in the student context as many felt students dont know where to go, what to do
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and whats out there for them and dont pay attention until they need it. One of the ways suggested to increase this knowledge along with training is for individuals to be given a handbook every year with numbers to call, addresses for websites. Individuals felt that when you start trying to figure out on your own what resources are available and you start to try and look at our site and look through it to find out who is responsible for what it gets fuzzy so having specific direction through training is essential. As one participant put it the strongest encouragement I have is more knowledge around resources because without knowledge around the resources they may not be used effectively.
Initial conversation. Another big area where participants felt training efforts need to be concentrated to help inform individuals and make the process more effective was how to handle the initial conversation with someone who has or is about to make a disclosure. Currently in the trainings there is messaging around what to do when someone does disclose what is helpful, what is not helpful, how not to victim blame, how to listen and be able to pass information on which individuals feel is essential. The training efforts also try to help people understand the why and when they say I have to report this to Title IX that its helpful to provide some context, which in turn may help them to better communicate with victims. The initial conversation with victims either before or after they make a report is crucial for maintaining victim trust; therefore it is necessary that individuals are trained in how to properly initiate the conversation. People need to understand that there are a lot of ways to fulfill the requirements of being a mandatory reporter and understand that the best way to go about it is not by saying I am a mandatory reporter, I have to go tell them as many see this as a little harsh and ineffective. As one victim explained:
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I think the initial conversation and communicate with the person is probably imperative and really important. Its important that you share with them upfront and say I appreciated you sharing this with me and I appreciate that you trusted me enough to and had the courage to share because these things are not easy to share with people but here is what I am obligated to do as an employee.
This puts the obligation in context, helping victims to understand why the requirement is in place, but at the same time allowing for compassion and helps to make them feel more comfortable in the situation. Some felt that in training it might even be helpful for staff and faculty to be given explicit language that they can just regurgitate, creating a more comfortable situation for both the reporter and the victim while ensuring the conversation occurs in the most effective manner. One faculty member further explained the importance of having specific language to use saying, you want to do right by the person, respecting that the person is sharing this information with you, you want to do right by the laws and its really helpful to know what experts say is the best approach. Currently the feeling is that with all of the training efforts people have gotten more savvy about how to have these conversations, however not all individuals have been given this training so we need to continue educating everyone.
How to implement training to effectively educate. In order to achieve the desired aim of educating individuals through training it is necessary to ensure the training is being implemented in a way that conveys the material effectively. One key factor is the information cannot just be provided at one point in time but rather should be ongoing. This way the trainings are bringing it back on a more repetitive cycle so that its consistently in the forefront of folks minds. Otherwise individuals tend to forget about the information or it doesnt sink in because they are exposed to so much information. The training needs to be for all individuals as one participant put it there is a need for consistent education and
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training to the students, staff, and faculty about the reporter status as all of these individuals could potentially be affected by the policy.
In addition to having the trainings ongoing, the training needs to be mandatory and presented in a platform where individuals are actually engaged with and responsible for knowing the information. This was particularly important for employees and it was suggested, all employees should definitely have Title IX training and it should be something that happens on a regular basis. However, there was less consensus on how the training should be implemented, with some feeling it should be one of our mandatory HR trainings and others suggesting, it should be part of orientation, geared toward problems that they face for particular schools. Yet others felt that small group training is the only way you are actually going to reach people. They felt that in an online format people know how to skip to the end or just let it play in the background, indicating individuals would not actually learn the material in this format. One faculty member referenced how another university handles this, indicating they go through a training every two years and have to sign off the same way we do for conflict of interest suggesting this might be a way to make individuals more responsible for actually knowing the information. Despite a lack of consensus on the format for the training, all participants were in agreement about the importance of having some form of ongoing, mandatory training for all individuals at the university.
Resources
The next major area that participants concentrated on was resources. Participants felt that having as many resources at our disposal as possible is key highlighting their significance to the reporting process. However, individuals felt that we are still not providing enough resources or that just having resource available did not necessary translate
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into the resources being effective. One participant highlighted potential pitfalls of resources indicating there are waits at the Counseling Center, huge waiting lists at Blue Bench and a lot of outpatient facilities, counseling is expensive, there are all kinds of barriers to victims getting services they really need to be successful. Despite these pitfalls individuals still see the importance of at least having resources available on campus. Specific resources highlighted included the CARE team, Counseling Center, and the Phoenix Center. As one faculty member put it the CARE team is huge for me and the Phoenix Center I will often times refer to them as well. By far the Phoenix Center was the most prominent resource and was mentioned 32 different times during the interviews. No matter what service individuals are directing victims to; most felt having resources available was a crucial component of the process.
Types. Participants indicated it was important for victims to have access to different types of resources in order to address their specific needs. Resources accessed by victims included both actual resource centers and accommodations and services the Title IX Office itself helps to provide. In terms of the accommodations participants felt that they do a nice job of advocating for students as far as changing classes, doing a withdrawal, getting accommodations, no contact orders and that type of thing which participants found to be helpful and comforting to victims. Specifically, as one participant explained, for someone who doesnt want to go to the police, doesnt want to go through a criminal investigation but wants that person out of their class and then they can get that through the school, thats amazing highlighting the importance of accommodations. Victims are provided access and information about a variety of resources both on and off campus and can go where they feel most comfortable. For instance, if they are more comfortable going to the community then
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we can help make those connections, give them phone numbers, locations, and make connections where it is appropriate allowing victims to seeks assistance in whatever form is best for them but still providing a sense of support. However, despite having several resources, some individuals feel that there needs to be a variety of resources; I think we immediately think of mental health and thats a disservice, they may need legal resources, financial resources, there is a wide variety of help thats needed indicating the importance of thinking outside the box when directing individuals to resources.
Importance for victims. Participants stressed the importance of having resources along with the policy in order to make the process more effective for victims, even stressing that having resources available is the very least we can do for victims. Another participant emphasized that just knowing there are resources out there for people to engage is powerful showing the importance of resources to the process. When asked if resources help make people more comfortable with the process one participant stated knowing that the student will be supported is huge, if there wasnt that then I probably wouldnt feel it was worth doing, highlighting the major impact resources have on views of reporting. Attention was particularly given to the importance of resources specifically for student victims. As one participant noted, its huge for students in particular to know what resources are available for them, its huge really huge indicating strong support for not only resources but also knowledge of their existence. Another participant had a similar sentiment indicating that for students in general, its important from the standpoint of understanding what resources they have available if they need them, recognizing that not everyone will use resources but they should at least know what is out there.
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Participants also considered specifically what role resources played or what they are trying to achieve for victims. For instance, with resources we are often asking what can we do right now to make it more palatable to you, to make you feel more comfortable, more secure around campus, emphasizing the importance of understanding the needs of each individual victim. Others felt that resources are invaluable because the student can be connected to the resource thats needed, again suggesting the importance of knowing what will work for a particular victim. Participants also saw a connection between resources and policy knowledge indicating that resources can inform them about the policies so that the individual can make an informed decision, suggesting how resources may help direct the process in addition to aiding the victim.
Confidentiality. One particular type of resource that was seen as especially important for victims and was viewed as a necessary component in conjunction with the policy was confidential resources. Having someone the victims could choose to talk to or receive assistance from who did not have the reporting requirement and could maintain confidentiality with victims was viewed as extremely important. Some felt that having those confidential rules in place where students can go to a confidential source and talk about their experiences can be comforting and may relieve some of the disadvantages associated with the policy. Others indicated that knowing you can speak to someone informally without having it reported would be really important for people. For instance, if they are not ready to report but want to talk to somebody they can go to a confidential resource, for example the Phoenix Center allowing for a safe space where they can receive assistance or voice their concerns without having to worry about engaging the investigative process. Looking at confidential sources in the context of the policy participants felt as long as the school is
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providing a confidential outlet for students then the policy is positive overall, if the school was not providing that confidential resource then that would be a different situation, showing acceptance for the policy only when alternative outlets are available. Communication
Communication between all parties involved in the reporting process is an important first step. Communication helps an individual understand the process, feel more comfortable with what is going on, and provides needed support for the victim or other individuals involved with the process. One participant gave the example that if they are communicating, if they are responsive and communicative then it makes me feel like its not just going into the vortex you know it doesnt just disappear down a black hole, demonstrating the need to know what is going on and to be kept in the loop. In terms of supporting the victim through communication it is important to stress to the victim that they are not going to investigate without your consent unless there is an overarching security threat helping to reassure the victim that the process and individuals are there for the victims benefit. However it is not just about getting information to those involved but it is also important to try to get the information to them in a really accurate way, if the information is not conveyed properly then effective communication cannot be obtained. It is equally important to know what information is relevant to victims such as making students aware of their rights but at the same time recognizing that it might be hard for them to take in all the information as the situation is sometimes overwhelming and taking the necessary step to address this such as trying to put as much in writing after the fact or giving them to reference later so they can reexamine the communicate at a later point if necessary.
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Reporting process. Communication not only affects the victim involved but rather
becomes an essential component for all parties throughout the reporting process. Important
communication pathways might include the reporter and the Title IX Office, the Title IX
Office and the victim, or the reporter and the victim. Reporters often feel there has to be
more communication between them and the Title IX Office, indicating that I am a third
party that reported but I want to know what happened after, expressing the desire to remain
involved or in the loop after the initial communication was made. Reporters often feel Title
IX is the best resource because they can help me to understand is this appropriate to be
reporting, should I not be reporting, and who will it go to, helping to clarify what needs to
happen through personal communication. Communication to reporters can also translate into
communication with the victims because as an administrator explained:
When someone makes a reports we are often contacting them, then we walk them through what the process is going to look like so if they are still in touch with the student they can circle that back to the student and let them know what is likely to happen.
For victims having this communication about what is going on is essential. If it does not occur victims may feel blind-sided particularly if they are unaware a report is going to be made. To facilitate this communication some feel it would be helpful to have a script or communication piece with what will happen such as I am going to put in a report and then somebody is going to contact you in so many hours. Individuals felt this would be extremely important so victims know what is going on. Aside from understating the importance of communication, individual have to be cognizant of the fact that not all victims are the same and their communication needs will differ. For instance some folks want to always know where you are or want to know whats new every few days. However this is not the case for
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all individuals as others basically are like let me know when you need the next thing so the communication should be tailored to the victims needs.
Support. Another fundamental aspect of communication is demonstrating support for the victim. Reporters need to understand that one of the reasons victims might be communicating their experiences is because often times theyre looking for some kind of support which may be provided after sharing their experience. Once the incident has been shared often times the person they reported to may try to engage some of the resources on campus for the student and guide the student which is a form of support by sharing what is available for victims. Along with this the message to victims should be that the goal is to support them. For instance, this can be accomplished by explaining. I have to got to Title IX but I want to reassure you that Title IXs goal is to support you. As one participant emphasized, people should feel they have an avenue to go to so they are not alone and communicating the support is the first step in fostering this feeling. The general idea is that it is nice for someone to know support is there is they need it and if communication is lacking they may not be aware of the support system.
The goal is to do whatever is necessary to help the victim to feel supported while communicating their options in the process. For the Title IX Office it is important to make sure [the victim] knows our office is here, what resources we can provide them and when they are ready to talk to us we are available showing support but not forcing them into something they are not ready for. Most individuals think about how can I help the student get through what they are going through and by communicating with them one can understand what support they need or how to assist best. One form of support that victims looked to was peer support feeling it is really important when going through these
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problems and communicating their needs to others and having it heard makes the victim feel more comfortable. One victim explained I brought a friend with me when I reported and they let the friend in the room for support demonstrating the necessity of being heard and responding to victims needs in order to make the process feel as comfortable as possible. Role of Relationships
The role of the relationship between the parties involved is something that can influence or change how the reporting process occurs or even prevent the process from occurring. Typically individuals focus on the role between the reporter and the victim; however, other relationships such as the reporter and respondent7 relationship may become relevant. One idea put forth is it is important for people to understand you can report any sexual misconduct that occurs. The policy applies to everyone so the report can be made regardless of the individuals relationship to you it doesnt matter that the person you are going to report is above you. However, this concept is often something that individuals may struggle with. For victims who choose to make reports the idea is if someone is going to disclose something they are going to do it because of the person they are interacting with because they trust them and are really comfortable sharing it. However, the nature of the relationship does not just stop at sharing; it plays a role throughout the reporting process.
Relationships in reporting. Relationships between parties is something that influences who the victim is willing to share with, why the victim shares, and what happens after the information has been shared. Relationships may influence who parties are willing to share with or at least the perception of who might be a good person to talk to. For instance a
7 In this context respondent is the word used to describe the person who has allegedly committed the sexual misconduct.
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grad student working closely with a program assistant might be more willing to open up to
that person just because thats the way the hierarchy works or in other words because of the
relationship the two individuals have based on their position. Relationship comfort level or
reliability of the individual may also play a role in influencing who the victim chooses to
share with as demonstrated by the example given by one faculty member about her TA:
I have a really good TA and she comes to class frequently and she is an age more similar to students and they have a really good rapport with her and I could absolutely see someone being more comfortable going to her instead of me.
Relationships between individuals may have a bigger influence on sharing than the policy itself does. As one victim explained, people I chose to tell and not tell was because of the relationships I had with those individuals, it wasnt because of any policies demonstrating that relationship trumps policy. Not only does the relationship have an influence on sharing but it may determine what happens after the report is made. For example, if the responsible employee and the victim have a close, collaborating relationship the employee is more likely to be an advocate or a kind of voice for that person.
Relationships as an inhibitor to reporting. Although relationships play a large role for victims in regard to who they share information with, an equally important factor is how relationships between different parties may influence if a report is actually made. For instance, one of the relationships that can be hard to navigate is when the reporter knows the responding party really well. Here they may struggle with how to balance their relationships and their duties to report. The relationship that receives the most attention is this relationship between the reporter and the responding party, which was an issue of particular importance to faculty members. Although in theory the policy promotes reporting no matter who the parties are, in practice, however, relationships play a huge role in what gets reported and
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what does not. Individuals have certain comfort levels based on the role of the parties
involved. For instance if its student on student sexual violence its pretty easy for faculty
without hesitation to report it but once you start getting outside of that relationship, comfort
levels with reporting start to change. Relationships become more complicated depending on
their roles in the university related to the potential reporter and have a huge impact on what
people are willing to report as demonstrated by one participant who explained:
I feel comfortable with students on students, maybe rank and file faculty but administrators there is no end game. If a faculty member was sexually assaulting a student I would report but if its another employee I cannot report. In many instances I cannot report because I am under the person in the political structure.
Another participant took this idea a step further explaining, we still have pretty
strong hierarchies and we cannot protect against everything and the fear of retaliation runs
deep leading people to have more issues with faculty on faculty, staff on staff dynamics in
reporting. This fear of retaliation is something that not only contributes to less reports but
may also foster uncomfortable environments and instances where individuals have heard
people say it makes me feel weird but I am afraid I will get fired, therefore nothing is done
and the environment never changes.
Title IX Office. One of the most significant relationships for all participants was the relationship between the participants and the Title IX Office itself. In many instance this relationship is what contributed to positive opinions about the process and the reporting policy. Participants felt its been a pleasure getting to know the Title IX Office, the people who work in that office so I have a great relationship with them and that the Title IX Office, they are wonderful. The first aspect of the relationship most people highlighted was the effective communication they had which fostered a positive experience and future relationship. As one participant explained:
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A huge part of the positive outcome had to do with the Title IX Office and the people that work there, that actually for me was at the heart of it all because I felt very comfortable calling and talking to them.
Another participant expressed similar feelings about the Title IX Office stating that knowing people within the Title IX Office, its that relationship, its knowing that I can talk to that person about the situation instead of just reporting to a general office, illustrating the importance of personal communication.
Another aspect of the relationship that participants often highlighted was the support that members of the Title IX Office provided them and how this helped educate or helped them feel more comfortable about the process as a whole. That personal touch helped victims to feel more secure with the process, as one victim explained about her relationship with one of the members in the Title IX office:
She related to me not only as a person but she cared, she would call me from her cell phone just to make sure I was okay and walked me through all the processes and told me what to fill out she basically figuratively held my hand through the process.
Other victims held similar sentiments explaining that hands down [the Title IX Coordinator] has been one of the most amazing people to work with and collaborate with along the way and her insights were very helpful and good as I walked through the process emphasizing how providing guidance through the process made the experience more comfortable. Other participants also expressed positive experiences such as I am extremely grateful for the people in the Title IX Office because its been a huge learning curve and there is just some things I would never do on my own, demonstrating the importance of having someone there to help get victims through the process.
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Internal Conflict
Perhaps one of the biggest challenges or moral dilemmas created by the responsible employee policy is the internal conflict it presents where individuals want to uphold their duty to report but at the same time struggle with being required to share information they feel may have been shared under the veil of confidentiality. As one participant explains its controversial with folks who dont want to disclose information that they feel is confidentially shared with them, presenting the internal struggle between what is required and what they may feel is morally correct. In other instances people feel really uncomfortable like they are ratting someone out or getting someone in trouble, even though they are just following the rules. One of the participants highlights this dilemma explaining that when:
Someone reports to you and they trust its confidential and you're a mandatory reporter and you run into a situation where its like this person is trusting me with their life and is trusting me with this information that they shared and now I have to go report it.
In many cases, even though it is the proper course of action as many of the participants underscored it doesnt feel good, it doesnt feel right. They provided examples such as it feels like they are telling tales and that kind of thing, expressing that overall it is just a very uncomfortable situation to be in. At times the people themselves feel like they are going against the person so they dont want to say anything. This may be especially difficult when the victim does not want the information shared with others. At the same time it is important to remember that the victim may not be the only one affected in the situation and it becomes necessary to weigh the needs of one student with the needs of the institution, although this can be challenging when you are face to face with a victim asking you not to share.
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Trust
Another key aspect that comes into play with the responsible employee reporting policy is how the policy interacts with trust, in particular with the trust of the victim. For the policy and the reporting process to be effective the victim must trust those involved and trust in the process, however that is not always what happens. Trust is often related to the power a victim has and helping them to remain comfortable in the situation. For trust it is helpful to be able to create safe zones for individuals. Trust also plays a role in the initial sharing of a victimization as individuals typically share with a trusted individual who makes them feel comfortable in the first place.
Another aspect of trust that is important to consider is a lack of trust. Some individuals may already not trust authority or individuals outside their community before something happens or before they share their victimization and this initial lack of trust can certainly influence the entire process. For instance, an example was provided about the LGBTQ community who does not have the best relations with like police officers resulting from some oppression in the community and this had made many members of that community distrustful of police and authority which are two groups often involved in reporting. If victims from this community already have issues with trusting authority then they may not report in the first place or if they do share their information and then it is reported when they do not want it to be this can further increase their lack of trust in the system leading to a negative outcome.
Fostering trust. One of the main ideas with the policy is coming up with a way to foster trust with the individuals involved in the process. One of the ways trust can be fostered with victims is by keeping them informed with what is going on throughout the process. To
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help maintain victims trust particularly in a situation where both parties may have thought there was confidentiality is by having a conversation about what the responsibility is, why it is there and how it may help the victim. In this type of situation responsible employees are given the option to go back and let the student know you have to or did report it before the outreach is made so they know its coming versus a cold call from someone they dont know so essentially being honest with the victim. If the victim feels uncomfortable with the reporting situation being compassionate and saying I understand your fears but I can assure you I have your highest good in mind, nothing here is going to hurt you only help you so please trust me is a great way to help the victim understand you are there for them.
Trust can further be established by helping the victim along the way and showing that they are supported. For instance, it is helpful to touch base with them and ask are you safe, are you ok letting them know you are still there for them and you care about their wellbeing. In some situations the responsible employee depending on the relationship with the victim may become an advocate further increasing the trust between the reporter and the victim. It can also be helpful for victims to know that on some level depending on the situation the power still resides with them or in other words after the report has been made the rest is up to them so they understand they have power in the reporting process because sometimes the victims feels powerless and this gives them a sense of hope back. Understanding they have power may allow the victim to trust the system as a whole more and having trust in the people involved with the process only helps to increase the overall level of trust potentially leading to a more positive experience.
Loss of trust. The other side of trust that also comes out in relation to the policy unfortunately is in some cases the experiences may actually lead to a loss of trust. Trust may
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Full Text
8. Were you satisfied with the way your case was reported and outcome of your situation to date?
a. If so what contributed to the positive outcome?
b. If not what factors do you feel need to be changed with the process?
9. Is there anything else you want to share or think I should know?
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APPENDIX H
Resources for Students, Faculty and Staff of University of Colorado Denver
Confidential Campus Resources
1. The Phoenix Center at Auraria
a. 24/7 Helpline: (303) 556-2255
b. Office Phone number: (303) 556-6011
c. Email address: info@thepca.org
d. Location: Tivoli Student Union, Suite 259
2. CU Denver Student and Community Counseling Center
a. Emergency After Hours for CU Denver Students (303) 352-4455
b. Phone number: (303) 556-4372
c. Location: Tivoli 454
3. The Ombuds Office Downtown
a. Phone number: (303) 315-0046
b. Email addresses: melissa.connell@ucdenver.edu or lisa.neale@ucdenver.edu
c. Location: Lawrence Street Center, Suite 1003
Non-Confidential Campus Resources
1. Auraria Police Department
a. Phone number: (303) 556-500
b. Location: Administrative Building, Suite 110
2. Campus Assessment Response and Evaluation (CARE) Team
a. Phone number: (303) 556-2444
b. Email address: shareaconcern@ucdenver.edu
3. Dean of Students Office
a. Phone Number (303) 556-2444
b. Email address: DeanOfStudents@ucdenver.edu
c. Location: Tivoli 227
4. Student Conduct and Community Standards
a. Phone number: (303) 556-2444
b. Location: Tivoli, Suite 227
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AN EXPLORATION OF RESPONSIBLE EMPLOYEE POLICIES ON COLLEGE CAMPUSES AS DIRECTED BY TITLE IX: WHAT DO VICTIMS, FACULTY, AND ADMINISTRATORS REALLY THINK ABOUT THE POLICY? by JESSICA MELONNIE ROSENTHAL B.S., Metropolitan State University of Denver, 2014 A thesis submitted to the Faculty of the Graduate School of the University of Colorado in partial fulfillment of the requirements for the degree of Master of Criminal Justice Criminal Justice Program 2017

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ii This thesis for the Master of Criminal Justice degree by Jessica Melonnie Rosenthal has been approved for the Criminal Justice Program by Callie Marie Rennison Chair Mary Dodge Nelia Viveiros Lucy Dwight Date: May 13, 2017

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iii Rosenthal, Jessica Melonnie (M.C.J., Criminal Justice Program ) An Exploration of Responsible Employee Policies on College Campuses as Directed by Title IX: What do Victims, Faculty, and Administrators Really Think about the Policy? Thesis dire cted by Professor Callie Marie Rennison ABSTRACT Many institutions of higher education responded to guidelines set forth under Title IX by creating mandatory reporting policies. These policies include the requirement that all responsible employees report any information they have about an instance of sexual remains about how those affected by these policies view them. This research addresses that question by exploring t he views of administrators who work with victims of sexual misconduct, faculty members who have gone through the training, faculty members who have gone through the reporting process, and victims. The research also provides insight into how opinions about the responsible employee policy are influenced by services available to victims. Eight overar ching themes and sub themes are identified. Themes and sub th emes specific to each group are identified: four themes for administrators, five themes for faculty re porters, four themes for trained faculty, and four themes for victims. Policy implications are considered. The form and content of this abstract are approved. I recommend its publication. Approved: Callie Marie Rennison

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iv DEDICATION I dedicate my thesis to Callie Marie Rennison, Mary Dodge and my family. Without your support and guidance my thesis would not have been possible. Callie your guidance, expertise, and encouragement played an essential role in the process. I know whenever I was in doubt or worried about something I could always turn to you. You encouraged me to always do my best and your mentorship and friendship are someth ing I will always treasure. Mary you motivated me to pursue a thesis and continue onto a PhD program. It was your support and encouragement that helped me to get where I am today and for that I will always be grateful. You have become a great mentor an d a friend; I could not have done it without you. To my family thank you for your constant support and encouragement throughout the process. Mom and Dad you have always been there for me pushing me to do my best and supporting me every step of the way. You r love and guidance have helped to make me the person I am today and I will always be eternally grateful. To those involved with the sexual misconduct reporting policy and process, particularly the victims, this project was for you with the hopes of giving you a voice as to what you really feel about processes designed to aid victims and ultimately to provide guidance on the future direction.

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v ACKNOWLEDGEMENT S First and foremost I would like to acknowledge Callie Marie Rennison, my thesis advisor, without whom I could not have completed this project. You provided essential support and guidance while hel ping me develo p my research skills. Thank you for all of your support through out this process, I am very grateful to have you as a mentor and a friend. I would also like to acknowledge my committee members Mary Dodge, Lucy Dwight, and Nelia Viveiros and t hank them for all of their assistance on my thesis. Mary your knowledge of qualitative methods and your guidance through the analysis process was vital to the completion of my project. Lucy your wise feedback, methodological knowledge, and guidance helpe d strengthen my project. Nelia your valuable insight on Title IX and guidance in helping me to develop my research project was essential. I would also like to acknowledg e Sean McCandless who played an instrumental role in providing me with guidance on my literature review and encouragement along the way. In addition, I would like to thank Sharon Devine, Deborah Barnard, and Emily Murphy from the COMIR B office for helping to guide me through the IRB pro cess. IRB Protocol Number 16 2246, Submission ID Number APP001 2. assistance with my thesis. Without their assistance and guidance this project would not have been possible. They provided valuable insight into the intricacies of Title IX and were instrumental in helping me to obtain participants for my study. Most importantly I would like to thank all of those who participated in the research project itself. You provided ins trumental knowledge and shed light on several important topics and perspectives.

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vi TABLE OF CONTENTS CHAPTER I. INTRODUCTION 1 II. LITERATURE REVIEW 4 Sexual Misconduct Against College Students 4 Prevalence and Policies of Sexual Misconduct 5 Reporting of Sexual Misconduct 10 Title IX and College Campuses Background Information 13 Wha t is Title IX 13 Title IX and the Courts 14 Procedures and Guidelines Set For th Under Title IX 16 Clery Act in Connection with Title IX 17 2011 Dear Colleague Letter and Title IX 1 8 Mandatory Reporting 20 Background on Mandatory Reporting 20 Specific Examples of Mandatory Rep orting Laws 21 Extent of and Possible Negative Outcomes for Reporting 22 Positive Outcomes or Benefits to Reporting 24 Mandatory Reporting and Title IX the Intersection on College Campuses 25 Who are Mandatory Reporting Laws Directed at on College Campuses 26 27 28 Perceived Positive Effects of Mandatory Reporting 29

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vii Perceived Negative Effects of Mandatory Reporting 30 32 University of Colorado Denver Specific Policies 34 Gap in t he Literature and Current Study Aims 36 III. METHODS 38 A Qualitative Research Approach 38 Human Subject Concerns 40 Sampling 41 Sampling Method 41 Inclusion and Exclusion Criteria 42 Obtaining the Convenience Sample 42 Data Collection Plan 43 Case Files/Surveys 43 In Depth Interviews 44 Risks, Risk Management, and Benefits of Methods 45 Areas of Exploration 47 Deter mining Participants Initial Background with the Policy 47 Perceptions about the Responsible Employee Policy 48 Role of Services Provided 48 Policy Implications 49 Data Analysis and Organization Plan 50 Quantitative Analysis 50 Qualitative Organization and Analysis 50

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viii Limitations 53 IV. RE SULTS 54 Sample 54 Q uantitative 55 Administrato rs 56 Faculty Reporting 56 Faculty Training 57 Victims 57 Qualitative 5 8 Overarching Themes 58 Policy Itself 59 Broad versus narrow 61 Advantages 63 Disadvantages 63 Where is the l ine 65 Lack of Awareness or Understanding 66 Knowing policy exists 6 7 Understanding what it means 6 8 Knowledge Through Training 6 9 Increasing knowledge of resources 70 Initial conversation 7 1 How to implement training to effectively educate 72

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ix Resources 73 Types 74 Importance for victims 75 Confidentiality 76 Communication 77 Reporting process 78 Support 79 Role of Relationships 80 Relationships in reporting 80 Relationships as an inhibitor to reportin g 81 Title IX Office 82 Internal Conflict 84 Trust 85 Fostering trust 85 Loss of trust 86 Administrator Themes 88 Shaping the Narrative 89 Accountability 90 Awareness 91 Expanded Trainin g 92 Format for delivery 93 Maintaining Trust 94 Policy and Implementation Improvements 95

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x Faculty Reporter Themes 96 How the Incident Came to Light 98 Complications of Reporting 99 What Works 100 Aftermath 101 Awareness through Reporting 102 Trained Faculty Themes 103 Perceptions of Title IX Violations 105 How sexual misconduct is viewed 106 What is included 107 Challenges of Training 108 Responding to Challenges 110 Interactive training 110 Style of training 111 Awareness Outside of Training 112 113 116 Related to the situation 117 Knowledge about resources 118 Story Sharing 119 Confidentiality 120 Outcome 122 What is effective 122

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xi Need for improvement 123 V. DISCUSSION AND CONCLUSION 125 Discussion 125 General Thoughts 125 How Themes Related to One Another 128 Connection to Literature 129 Policy Implications 131 Limitations 133 Future Research 133 Conclusion 135 REFERENCES 137 APPENDIX 143 A. Informed Consent Form 1 43 B. Recruitment Flyer 145 C. Demographic Questionnaire 146 D. Administrator Interview Pro tocol 147 E. Faculty Who Have Gone Through the Reporting Process Interview Protocol 149 F. Faculty Who Have Gone Through the Training Interview Protocol 151 G. Interview Protocol 153 H. Resources for Students, Faculty, and Staff of University of Colorado Denver 156 I. Identified Issues and Suggestions on Improving the Responsible Employe e Policy and Reporting Process 158

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xii LIST OF TABLES TABLE 1. Basic Demographic Information 56 2. Theme Prevalence 59 3. Feelings About the Policy 60 4. Broad Versus Narrow 61 5. Student Employees 62 6. Perception of Policy Knowledge 67 7. Administrator Theme Prevalence 88 8. Faculty Reporting Them e Prevalence 97 9. Faculty Reporters Informing through Syllabus or Discussion 98 10. Trained Faculty Theme Prevalence 104 11. Trained Faculty Informing through Syllabus or Discussion 105 12. Victim Theme Prevalence 114

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xiii List of Figures FIGURE 1. Victim Word Cloud 115 2. Victim and Respondent Combinations 125 3. Organization Flow Chart 126 4. Overarching Theme Connection 128

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xiv LIST OF ABBREVIATIONS Abbreviation Explanation Clery Act Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act DOJ The United State s Department of Justice O.C.R. Department of Education s Office for Civil Rights Title IX Title IX of the Educational Amendments of 1972 U.C.D. University of Colorado Denver U.S. United States of America

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1 CHAPTER I INTRODUCTION Sexual mi s conduct on college campuses has long been a hot topic and instances of se xual assault or attempted cover ups of these incident s typically draw the attention of the media resulting in a public cry for justice or change. As a result federal legislation wa s enacted to addres s issues of sexual misconduct and to increase reporting to offic i als A lth ough research has been conducted on prevalence and reporting rate s of sexual misconduct far less attention has been given to the policies themselves. Of particular interest in this thesis is the responsible employee reporting pol icy, which requires informing The policy directly a ffect s t experi ence s, yet virtually no attention has been given to understanding what victims think about the policy It remains unclear if victims view the policy as helpful and if it creates a less daunting experience that would lead to increased repo rting. Another area receiving relatively little attentio regarding s ervices available after a report has been made Given the dearth of attention, it is unclear if these services have any effect on victi ms perceptions of the re porting pro cess. The perceptions of victims of sexual misconduct about the policies surrounding reporting practice s provide a unique insight into the effectiveness of these policies T he responsible employee policy also directly affect s faculty members who are required to report any insta nce of sexual misconduct to Title IX coordinators. Y et the literature fails to consider their views on the policy Likewise administrators who work with victims of sexual misconduc t are also affected by the policies in place, yet their perspectives are virtually nonexistent in the literature. Another area receiving little a ttention is what

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2 faculty or admin i strators think about the services available to victims after a report has bee n made. It is unclear if the av ailability of services has any e ffect on their opinions about the responsible employee policy. Similar to the perspectives of victims of sexual misconduct the views of faculty members and administrators allow for an in depth understanding of the p olicy and may shed light on which aspects of the policy they view as e ffective and which are not. The aim of this thesis is to fi ll a gap in the literature and to identify policy implications of this important topic The current stu dy is exploratory in nature and aims to expand the knowledge on issues surrounding the responsible employee policies. This stud y focuses on the perspectives of victims faculty, and administrators to provide insight on their thoughts about these policies. The research also seeks to understand the role services available to victims play s in participants opinions about the responsible employee policies. In addition the research will highlight policy implicat ions that ca me to light during discussions of potential changes that need to be made to the policy or discussions regarding the overall experiences participants have with the reporting process. To accomplish the goals of the thesis, the remaining portion of the paper is structured as follows. The relevant background literature focusing on prevalence and reporting rates for sexual misconduct, Title IX, mandatory reporting laws, mandatory reporting and Title IX on college campuses, victims views of mandatory reporting, students view s of mandatory reporting, and University of Colorado Denver (U.C.D.) specific policies are reviewed to place the current study in context. Next the methodology is discu ssed including addressing advantages and disadvantages of this approach Following tha t the data analysis plan is outlined providing a justification for methods used. Next, the research setting, sampling issues, and quantitative analysis of the

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3 demographic information is presented. In the first part of qualitative analysis section eight overarching themes and their subthemes are explored. Next, background information a nd themes with their subsequent sub themes are explored for each of the groups: administrators, faculty reporters, trained faculty and victims. Subsequently the dis cussion section explains general thoughts about the policy, ho w themes related to each ot her, connections to the literature, policy implications, limitations, and provides suggestions for future research. The thesis ends by reexamining all the factors presented and provides any final statements on the matters.

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4 CHAPTER II LITERA TURE REVIEW This section explores seven dimensions of literature related to the topic of sexual misconduct against college students First research on prevlance rates a nd reporting rates highlights the high prevalence rates of sexual misc onduct on c ollege campuses, but low rates for reporting s exual misconduct (Cantalupo, 20 14; Fis her, D a i gle, Cullen & Turner, 2 003). Second Title IX is detailed Literature presented her e examines Title IX as a whole and how the interpretation of its provisions have been shaped by the courts, particularly how Title IX has been interpreted to apply to instance s of sexual miscon duct (Triplett, 2012). Third the literature review explores mandatory reporting policies pa rticularly focusing on how mandatory reporting provisions were developed and how they have been applied to d ifferent incidents. Fourth literature is presented that explores how mandatory reporting and Title IX intersect on college campuses when it comes t o responsible employee poli cies (Pryal, 2016). Fifth literature on victims view s of mandatory reporting law s is considered. The research presented exam ines the views of victims of domestic violence subject to manda tory reporting policies. Sixth literature is explored which examines students views on a hypothetically mandatory reporting policy on college campuses where Title IX coordinators would be required to report instances of sexual assault to the police (Mancini, Pickett, Call, & Roche, 201 6). Finally literature is presented which focuses on the specfic policies in place at the unviersity where the research will be conducted. Sexual Misconduct Against College Students In order to understand why policies around sexual misconduct are created and what they seek to address, it is important to understand more broadly sexual misconduct against

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5 college students In particular it is vital to understand how often sexual misconduct occurs, what issues sexual misconduct creates for victims, if victim s report, what universities are doing to try and prevent sexual misconduct, and what polices are in place to address sexual misconduct and repor ting issues. S exual misconduct against college stu dents is a pervasive problem, federal legislation is not achie ving its desired aim, schools h ave policies in place to prevent and address sexual misconduct, and certain populations are mor e at risk for vi ctimization. A long with issues leading to the misconduct itself there are issues with reporting instance s of sexua l misco nduct. L egislation aimed at increasing reporting is not as effective as desired, several factors influence whether a report will be made, and reporting rates are low. Prevalence and Policies of Sexual Misconduct S exual misconduct against college students is prevalent In 2010 approximately 21 million people throughout the United States (U.S.) were either full or part time students in col leges or universities (Wies, 2015 ). Further, the great rtment of Education s Office for Civil Rights [OCR], 2011 p. 1). Sexual misconduct is a pervasive problem for many college campuses and is a challenge for eve ry school in the U.S. (Guziewicz, 2002 ). Based on guidelines set forth under federal legislation, c olleges are responsible for addressing at least 42 different types of behavior in their attempts to prevent, remedy, and eliminate sexual misconduct (Koss, Wilgus, & Williamsen, 2014 ). Although some progress has been made rape and sexual assault on campuses continue to be public health and crim inal justice concerns (Sable, Danis, Mauzy & Gallagher, 2006 ). Over 75% of female college students or about 5 million women are

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6 a ffected by s ome form of sexual harassment (Guziewicz, 2002 ). Some studies show that a bout 20 25% of women are sexually assaulted while enrolled in college (Cantalupo, 2014 ). However, other studies have found greater, variance in percentages of victimization, with one providing a range of 8 35% (Fisher et al., 20 03). Despite the discrepancy in the rates of vic timization most researchers agree that sexual victimization occurs far to o often (Rennison, 2016). Although esti mates are available for national level dat a few school s have surve yed their students to assess instances of sexual violence on their own campuses (Cantalupo, 2014 ). Despite increased federal legislation aimed at reducing sexual violence on college campuses in reality there is little e vidence that it actually achieves the goal (Wies, 2015 ). Many of th e issues that existed before rape reform legislation was enacted are still found today (Sable et al., 2006 ). One of the areas of sexual misconduct that often receives a lot of attention is sexual harassment. Creating and implementi ng policies which seek to address, prevent, and respond to sexual harassment is one way colleges s eek to respond to sexual misconduct directed at college students Having an easily accessible and effective sexual harassment policy contributes to an organization s ability to protect members from harass ment (Fusilier & Penrod, 2015 ). Colleges seem to understand the importance of having such a policy as 96.6% of institutions reported ha ving a formal written policy on sexual har assment (Guziewicz, 2002 ). However, just because a college has a sexual misconduct policy it does not mean that students have easy access to the policy or that it is located wher e they would be looking for it. survey which con sidered the views of several college students found that over 50% of the women and 40% of men wanted information about reporting policies to be located on school webs ites In addition to explain ing reporting

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7 procedures, s exual harassment policies and procedures are designed to show what constitutes sexual harassment and that it will not be to lerated by the school (Fusilier & Penrod, 2015 ). There are two main categories of sexual harassment students may face. One form know n as quid pro quo, decision on unwelcome sexual advances. The second form hostile environment is harassment that involves sexual conduct within an academic environment, which aff ects the threatening environment (Guziewicz, 2002 ). Having specific policies in place to address sexual misconduct such as the sexual harassment policy is a must, however there are some negative aspects associated with the policies as well. T he integrity of these po licies and their ab ility to achieve their desired e ffect may be questioned particularly when one consid ers the results of some disciplinary hearings. For instance s tudents are more likely to be expelled for violations of the honor code related to plagiarism th an for violations of sexual misconduct policies (Macini, Pickett, Call, & Roche, 2016 ). On a simil ar note policies can b e misleading in that schools that tend t o ignore sexual violence have fewer reports and thus look to be safer to the ge neral public whereas schools that encourage repo rting appear on the su rface to be less safe (Cantalupo, 2014 ). Another step put in place to prevent sexual mis conduct is training. Fusilier and Penrod (2015) found that approximately 3 out of 4 institution s in the sample had some type of sexual harassment training for students and 2 out of 3 had training for faculty In addition to providing instruction though policies, c olleges play an essential role in informing students about health care services available for rape and s exual assault victims (Sable et al., 2006 ). Each college offers different services available to victims and they could

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8 include emotional, medical, physical, academic, procedural, spiritual, legal and financial support (Koss et al., 2014 ). An example of a specific service in the Violence Against Women and Department of Justice Reauthorization Act of 2005: A sexual assault victim can obtain a free forensic examination regardless of whether or not the victim intends to cooperate with law enforcement (University of Colorado Denver, Office of Equity [U.C.D. Office of Equity ] 2016c ). Schools have the abi lity to support sexual assault victims in ways that police departments cannot such as quickly changing a student s schedule or housing assignment to keep perpetrato rs away from victims (Clark & Pino, 2016 ). The ability of schools to inform students about and provide resources for victims is an essential component in their efforts to help victims of sexual misconduct. Addressing the needs of the victim s is necessary considering victims may experience physical medical, physiological behavioral, academic or work related consequences as a result of their victimiza tion (Guziewicz, 2002; Fusilier & Penrod, 2015 ). Domestic violence is one form of sexual misconduct where women often experience these physical and mental issues (Guziewicz, 2002). Specifically v ictims ma y become depressed, develop Post Traumatic Stress Disorder, abuse drugs and alcohol, or even contemplate suicide after their victimization ( OCR, 2011c ). E ffects of sexual misconduct are not only felt by the victim but also by the family and friends of the victims, the family and friends of the perpetrator, and members of the commu nity (Koss et al., 2014 ). These effects can also occur in work environments. For instance Fusilier and Penrod (2015) estimated that the loss in productivity for each individual affected by sexual harassment was $22,500 In addition to understanding the effects of victimization on students it is important to c onsider factors that contribute to and populations that commonly experience victimizations

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9 Female coll ege students have high levels of fear th ey will be victimized ( Rennison, Kaukinen, & Meade, 2017 ). These fears might be justified considering that many factors present in college directly relate to increased risk of victimization such as partying, substance use, less supervision and interaction with strangers. Women between the ages of 14 and 24 are at heightened risk for sexual violence (Rennison et al. 2017 ). In addition, women of color, graduate students, and those who receive financial aid tend to experience higher rates of sexual harassment (Guziewicz, 2002). Notably college women are victimized at higher rates off campus than on campus when it com es to sexual violence (Rennison et al. 2017 ). For instance one study which looked at rates of victimization for undergrad uate students at two large universities, found that 63% of forced sexual assaults took place off campus (Rennison, 2016). Next the literature considers specific types of sexual misconduct characteristics of the misconduct conduct, and when it occurs Looking specifically at stalking college populations exhibit key characteristic s which make a person particularly sus ceptible (Fis her, Daigle, & Cullen, 2010 ). Stalkers must have regular access to the victim and have time to continually engage in the pursuit both of which are easily fulfill ed o n a college campus. Estimates from several studies on stalking suggest 12 40% of female college students report having been stalked. Of those 43.6% reported being stalked by an acquaintance 15.7% by an intimate partner, and 40.7% by a stranger (Fisher et al., 2010 ). Krebs et al. ( 2014 ) found that 84% of women who reported experiencing sexually coercive situations had the incident occur within the first four semesters on campus. Attention is now shifted to a gendered look at sexual misconduct an d to characteristics of perpetrators of sexual misconduct. Female students report four times as

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10 many sexual v ictimizations as males (Rennison et al. 2017 ). Although representing a much smaller group, 6.1% of male college stud ents are victims of completed or atte mpted sexual assault (OCR, 2011a ). A majority of victims are sexuall y victimized by someone they kno w rather than b y a stranger (Krebs, Lindquist, Warner, Fisher, & Martin, 2014). Between 85 90% of colleg e victims of sexual assault are victimized by a dating partner, friend or acquai ntance (Rennison et al. 2017 ). Reporting of Sexual Misconduct An important element in this body of work is reporting rates for sexual misconduct. For both male and female victims rape and sexual assault are some of the most underreported crimes (Sable et al., 2006 ). Similar to legal reform which sought to address the prevalence of sex ual misconduct there have also been legislative reforms to help reduce the barriers to rep orting sexual assault (Sable et al., 2006 ). However the success of these reforms also comes into question when considering the available statistics. According to ma ny nationally representative studies 90% or more student victims do not report their victimizations (Cantalupo, 2014 ). Likewise a study by Fisher et al. ( 2003 ) shows that only 5% of victims of rape report to the police. Looking specifically at sexual harassment the report ing rates are much lower than the rates experienced (Fusilier & Penrod, 2015 ). Men are more likely than women to not report rape or sexual assau lt (Sable et al., 2006 ). Males may cho o se not to rep ort f or fear that doing so will jeopardize their masculinity (Sable et al., 2006 ). On a different note the more educated a women is the less like ly she is to report (Fisher et al., 2003 ). hey will make a report. The decision of whether or not to report is often influenced by crime seriousness,

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11 victim offender relationship, location of the offense, and consumption of alcohol. For instance the more severe the injury the more likely an offe nse will be reported (Fisher et al., 2003 ). Victims often fail to report harassment because they are unaware of their cam pus policies (Fusilier & Penrod, 2015 ). As a result of not knowing about the poli cies few students are aware that they have a right to complain which may contribute to the low number of investigations of sexual assault cases (Cantalupo, 2014 ). However reasons for not reporting typically center on beliefs that they will not be believed (Cantalupo, 2014 ). According to Sabel and colleagues (2006), for both males and females shame, guilt and embarrassment; confidentiality concerns; and not being believed have been found to be the leading barriers to reporting. N ot want ing the perpetrator to g o through the process is another reason why stude nts fail to make reports (Wies, 2015 ). Yet other victims fear retaliation or view victimization as a private matter and cho o se not to report (Fisher et al., 2003 ). Although reporting rates to campus officials and police may be low this does not mean that victims remain completely silent about their victimizations. In the Fisher et al. (2003) study only 2.1% of victims reported to the police and 4% reported to campus authorities. However all incidents reported to campus authoritie s were also reported t o another individual ( Fisher et al., 2003 ). Considering stalking as an example a grievance was filed or a disciplinary action was started in only 3. 3% of the incidents (Fisher et al., 2010) Similar to the Fisher et al (2003 ) study, Fisher et al. (2010) found that 93% of respondents informed someone that they were being stalked typically a friend or family member with only 3.2% reporting to a Residence Assistant and 3.5% reporting to university officials More than 3/4 of vi ctims tell someone because they are loo king to gain support (Fisher et al., 2003 ).

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12 Both reporting and not reporting may be associated with negative effects depending and what they ultimate ly hope to achieve. The lack of an offi cial report on one hand, may result in some negative consequences such as limiting the access a vi ctim has to services (Fisher et al., 2003 ). On the other hand, there are also negative factors associated with filing a report. Some students may experience secondary victimization depending on how school officials respond to them (Clark & Pino, 2016 ). A large number of victims of sexual assault are dissatisfied with the outcome of their repo rt and leave schools (Shapiro, 2014 ). Victims of certain types of sexual assault may fee l different ly about the outcome tha n victims of other types of assault. For instance victims of forced sexual assault were more likely to rep ort but were less satisfied with the outcome and more likely to regret reporting than victims of incapacitated sexual assault (Krebs et al., 2014 ). However, some student s do perceive there will be positive outcomes from repor ting. According to Rennison et al. ( 2017 ), 36% of female undergraduate students and 32% of graduate students believe it is very likely or extremely likely that action will be taken by campus official s to address factors that lead to sexual mi sconduct on campuses S exual misconduct is extreme ly prevalent among college students The extent to which a student will experience sexual misconduct varies based on personal characteristics and on characteristics of the crime. Although the rates of sexual misconduct against college students are h igh the rates for reporting them are typically low. There are several factors that influence a decision of whether or not they are going to report. There are both positive and negative consequences when it comes to the choice of whether or not t o report.

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13 Title IX and College Campuses Background Information Understanding policies created to address instance of sexual misconduct provides important foundation for this research. This section describes, Title IX of the Educational Amendments of 1972 (Title IX) as a whole, how the courts have interpreted Title IX, procedures and guidelines set forth under Title IX, how the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act ( Clery Act) works in conjunction with Title IX, and how the Dear Colleague letter helps to clarify obligations under Title IX. The two policies addressed in this sec tion Title IX and the Clery Act provide guidance on the policies schools should e nact to ad dress sexual misconduct What is Title IX? Title IX is one of the most important statut es in higher education (Triplett, 2012 ). Title IX (1972) from participation in, be denied the benefits of or be subjected to discrimination under any education al Title IX protects students, employees, applicants for admission and employment, and others from all forms of sexual discrimination (OCR, 2015b). More specifically it prohibits sex based discrimination addressing discrimination against pregnant and parenti ng students; women in science, technology, engineering, math; athletics; admissions and financial aid; gender discrimination; sexual harassment; and sexual violence (U.C.D. Office of Equity 2016e; Triplett, 2012). Schools agree to comply with Title IX in order to receive federal funding (Cantalupo, 2014). Almost all colleges must adhere to Title IX because they receive funding through federal financial aid programs used by students (Veidlinger, 2016). Title IX applies to approximately 16,500 school distric ts, and 7,000 post secondary institutions in addition to charter schools,

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14 for profit schools, libraries, and museums (OCR, 2015a ). In addition to being important, the he goals of Title IX with 75% strongly supporting it and only 9% strongly opposing it (Mullen, 2009). Sexual violence and sexual harassment are forms of sexual discrimination that must be add ressed under Title IX (Koss et al., 2014 ; Block, 2012 ). Under Ti tle IX any institution that receives federal funding must prohibit sexual violence and harassment towards students or employees (Fusilier & Penrod, 2015 ). For the purposes of Title IX sexual harassment can unwelcome conduct of a sexual nature such as unwelcome sexual advances, requests for sexual favors and other verbal, and nonverbal or physical contact of a p.15). Sexual violence on the other hand is defined for the purposes of refers to physical sexual acts 2015b p.15). A single instance of rape or sexual assault meets the standard s et forth in Title IX (Ward Smith, 2014 ). Students, allies, faculty, alumni and other concerned people can file a complaint on behalf of a victim ( Ward Smith, 2014 ). Title IX and the Courts A s courts often shape the interpretation of statutes it is important to consider what role the court s have played in shaping Title IX as it is understood today. Much of the initial litigation of Title IX dealt with establishing the boundarie s of its applica tion (Block, 2012 ). Specifically courts have applied Title IX to gender violence by defining sexual assault as a form of sexual harassment (Triplett, 2012 ). School s can face significant liability if they respond improperly to alleg ations under Title IX (C antalupo, 2014 ). In their 1992 decision in

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15 Franklin the Supreme Court ruled that Title IX forbids sexual harassment of students by teachers (Guziewicz, 2002 ). However the Supreme Court clarified in Gerbser a school is to an official with the authority to correct the problem and the official and institution responded in a deliberately indiff 2002 p. 18). Essentia lly an under Title IX begin s when the institution has knowledge of the reported misconduct (Koss et al., 2014). Along the same lines in their 1999 decision in Davis the Supreme Court ruled that under Title IX schools are responsible for student to st udent peer harassment (Guziewicz, 2002 ). For the school to be liable for student to student harassment over both the harasser and the context in which the ( Davis v. Monroe Cnty. Bd. of Educ., 1999 ). In essence, school s are liable for sexual harassment when they have knowledge of the so severe, pervasive, and obje ctively offensive that it can be said to deprive the victims of access to the Davis v. Monroe Cnty. Bd. of Educ., 1999 p.633 ). Courts have found schools to have acted with indifference when the school does nothing at all; when school officials tell the victim not to tell anyone else including the police or family; when school officials investigate in a way that is biased ; or when schools require or pressure victims to go to mediation befo re filing a complaint (Cantalupo, 2014 ). Therefore in order to be in compliance according to the courts, schools must discover incidents of discrimination or harassment as soon as possible, must p romptly and equitably resolve complaints and must correct individual and systematic problems

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16 (OCR, 2015b ). School s also must be care ful as some courts count knowledge of a teacher as the school knowing ab out sexual harassment (Cantalupo, 2014 ). Procedures and Guidelines Set Forth Under Title IX In addition to the interpretations presented by the courts information from the Department of Education helps schools understand what procedures they need to have in place to be in compliance with Title IX and shares guidelines on how to establish those procedures. Again considering specifically how this connects to sexual misconduct on campus procedures and guidelines for sexual misconduct will be considered. Every school must have and distribute a pol icy against sexual discrimination; have a Title IX coor dinator; and have and make known procedures for students to file complaints o f sex ual discrimination (OCR, 2011c ). The Title IX coordinator is the respo nsible employee who has the primary charge for ensuring Title IX compliance (The United States Department of Justice [DOJ], 2001 ). According to the guidelines the mere existence of a sexual harassment policy is not enough ; it must be understood by all parties c oncerned (Fusilier & Penrod, 2015 ). When the victim is an employee complaint procedures must give the victim multiple reporting avenues that do not involve reporting to the harasser (Fusilier & Penrod, 2015 ). Any activity that occur s at any location that is related to the school must be al harassment policy (Block, 2012 ). Schools have many obligations when it comes to students and sexual misconduct based on the guidelines presented by Title IX. S exual hara ssment guidelines under Title IX pond to and seek to prevent sexual violence once they are aware o f p. 228). Confidentiality has a higher priority in sexual harassment claims tha n in other discrimination claims due to th eir sensitive nature (DOJ,

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17 2001 ) However because of the requirement that school s must respond to and seek to prevent sexual violence confidentiality cannot always be guaranteed. Students should be assured that Title IX prohibits retaliation and that the school will take steps to prevent or respond to any act of retaliation ( OCR, 2001 ). Even if a student does not want to file a complaint or have the school take action if the scho ol knows about the sexual harassment or violence it must investigate and tak e appropriate steps to resolve the situation (OCR, 2011c ; OCR, 2011a ). The school must do so even if the sexual violence is the subject of a criminal complaint (OCR, 2011b ). When d etermining if a hostile environment has been created in relation to sexual harassment schools are instructed to consider several factors: t he degree to which the conduct affected the students education; the type frequency, and duration of the conduct; the identity of and relationship between the harassers and victim; the number of individuals involved; the age and sex of the harasser and victims; size of school, location of incidents, and context in which they occurred; and other incide nts at the school ( OCR, 2001 ). For sexual assault case s mediation is not appropriat e even when voluntary (Koss et al., 2014 ). During the Title IX investigation students have a right to present relevant info rmation and witnesses and have an advisor th rough out the process (Sullivan & Hagen, 2005 ). In addition at the end of the investigation colleges must notify both parties in writing of the outcome and sanction (OCR, 2011c ). Clery Act i n Connection w ith Title IX Another piece of legislation often considered in conjunction with Title IX is the Clery A ct, which also deals with victim ization of students. The Clery A ct focuses on the rights of student s who have been victimized (Cantalupo, 2014 ). The Clery Act also est ablishes requirements for schools to report and publish certain categories of crime that occur on

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18 campus and information related to campus safety and security in the A nnual Security Report (Cantalupo, 2014 ; Wies, 2015 ). Schools also need to provide timely warnings and emergency notifications if there is a safe ty or security threat (Wies, 2015 ). When reporting an incident for the Annual Security Report required by the Clery Act, schools must include four factors: where the crime occurred, type of crime, to who m the crime was reported, and where it was reported (Cantalupo, 2014 ). The Annual Security Report m andates that colleges and universities provide education on domestic violence, dating violence, sexual assault and stalking (Wies, 2015 ). The Clery Act a lso contains the Campus Sexual Assault Bill of Right s which gives victims the right to have others present during disciplinary proceedings, to notify victims of their rights to pursue justice through police and the availability of counseling, and to notif y the victim of the options to have accommodations made in order to avoid the alleged perpetrator (Shapiro, 2014 ). 2011 Dear Colleague Letter and Title IX I n addition to Title IX it is also important to concentrate on clarifications iss ued by the Department of Education on what they are requiring schools to do for Title IX with regard to sexual misconduct The Dear Colleague Letter of 2011 issued by the Office for Civil Rights of the Department of Education (OCR) outline s procedures institutions s hould follow to remain in comp liance with Title IX (Triplett, 2012 ). Acco rding to the OCR sexual harassment and sexual violence interfere with a student s right to receive an education f ree of discrimination (Wies, 2015 ). Therefore the OCR feels sexual violence is a violation of the commitment to provide students a learning environment free of discrimination (Wies, 2015 ). The Dear Colleague Letter also clarifi es where students are protect ed under Title IX when it comes to incidents of sexual misconduct. Title IX protects students in all educational,

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19 extracurricular, athletic, and othe r programs at school (OCR, 2011a ). However institutions must address sexual harassment complaints filed by students regardless o f where they occur (Wie s, 2015 ; OCR, 2011a ). The Dear Colleague letter outlines several responsibilities school s have under Title I X and clarifies the procedures the school s must follow and their obligations to students. The Dea r Colleague letter also emphasizes that schools are immediately responsible for stopping harassment if they know or should ha ve known it occurred (Block, 2012 ). The school is charged with the task of responding to an incident while also respecting the confidentiality of a student who reque sts it. A victim should also be notified of their ri ght to file a criminal complaint and cannot be discouraged from do ing so by the school (Block, 2012 ). The Dear Colleague l etter also set s forth clarification regarding the investigative process. It sets the standard of proof required for all school investigations as a preponder ance of the evidence (Triplett, 2012 ). The preponderance of the evidence more likely than not that the sexual harassment or violence oc p. 15). In addition the grievance procedures must indicate the timelines for conducting the investigation, reporting outcome of the complain t and filing of appeals (OCR, 2011a) Title IX provides the framework for colleges to address issue s related to sexual misconduct. Courts have clarified what Title IX means for school s in terms of remaining in compliance with the legislation. In addition specific procedures and guidelines are set forth to help college s address sexual misconduct to the best of their ability The Clery Act supplements Title IX in terms of including more rights and explaining reporting requirements the scho ol must f ollow. The Dear Colleague l etter helped to clarify aspects of

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20 the Title IX guidelines, which may have been confusing to institutions to help create more conformity and a better understanding of how to remain in compliance. Mandatory Reporting Mandatory re porting laws have been developed to help increase reporting rates for certain types of incidents and are therefore a necessary piece of legislation to consider when seeking to grasp a complete understanding of reporting. This section highlights the backgro und and history of mandatory reporting, identifies specific examples of mandatory reporting laws, and considers positive and negative outcomes of these laws. Background on Mandatory Reporting Although legislation surrounding college sexual misconduct she ds light on some of the issues it does not present the whole picture when it comes to legislation that will ultimately affect college students. It is also necessary to develop an understanding o f mandatory reporting as this comes into play as well. Mandatory reporting laws may differ depending on the jurisdiction but they are embraced through out the United State s and around the world The United States was the first country to enact mand atory reporting laws (Flaherty, 2015 ). Today many countries aro und the world have some form of mand atory reporting laws (Mathews, 2015 ). Mandatory reporting laws differ in each jurisdiction but typically they include who must report, the state of mind of the reporter, the types of abuse/neglect, the extent of the harm the duties that apply, the penalties for not reporting, when they must report, who they report to, and what needs to be in cluded in the report (Mathews, 2015 ). To further illustrate the difference between requirements in multiple jurisdictions one can c onsider the law s on reporting violence. In terms of mandatory reporting when it comes to violence some state s require

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21 reporting of injuries caused by weapons, others require reporting of injuries that come from all violent acts, some states have specific laws surrounding intimate partner violence, some have voluntarily reporting, while others have no r eporting laws at all (Bledsoe, Yankeelov, Barbee, & Antle, 2004 ). Some controversy surrounds mandatory reporting laws centering on the potentially negative factors. In many cases with mandatory reporting laws the main focus is on identifying the perpetrator and bring ing them to justice rather tha n focusing on getting the victims the h elp they really need (Golden, 2015 ). Ther efore many claim the main issue is not mandatory reporting but instead the poor response to the reports (Flaherty, 2015 ). In some instances mandatory reporting systems are overburdened with unsubstantiated claims of abuse making them less affective (Ainsworth, 2002 ). T he exact cost of having mandato ry reporting systems in place is unknown (Ainsworth, 2002 ). Not all reports received are from those who are required to make reports under the mandatory reporting laws. In fact according to Mathews ( 2015 ) mandatory reporters only make about 50 60% of all reports, indicating a large portion of reports come from other sources. Specific Examples of Mandatory Reporting Laws Mandatory reporting laws in place to address child abuse have been modified to include increased reporting over time. Model statutes for mandatory reporting laws in cases of child abuse and n eglect were first drafted in the 1960s (Ainsworth, 2002 ). In their origina l state these laws required only medical professionals to report suspected ser ious physical injury (Mathews, 2015 ). Over time mandatory reporting laws evolved first by expanding on who must report the n by i ncreasing the circumstances that must be report ed and finall y by addressing the extent of harm (Mathews, 2015 ). For instance mandatory reporting laws have

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22 expanded reporting requirements to teachers; all U.S. states mandate teachers to report child abuse and neglect to child prot ective services (Cren shaw, Crenshaw, & Licktenberg, 1995 ). M andatory reporting requirements have evolved to protect children of sexual assault who may be incapable of reporting incidents (Bidwell, 2015 ). In addition mandatory reporting law s encompass a greater degree of harm as the laws for children expanded from originally just covering severe abuse to include other k inds of maltreatment (Mathews, 2015 ). In addition to includi ng other members of the community as mandatory reporters for child abuse and neglect mandatory re porting laws have been expanded to cover other types of victims as well. Some states list attorneys as mandatory reporters of child abuse and others require reporting by anyone who knows about the potential abuse (Richards, 2015 ). Clergy are often include d as one of the professional groups required to report child sexual assault (Parkinson, 2015 ). Mandatory reporting laws that are aimed at requiring reporting for religious members regardless of their faith are designed to overcome barriers to reporting tha t are comm on in many religions (Parkinson, 2015 ). Although the laws were first aimed at protecting children many mandatory reporting laws also focus on elder abuse (Richards, 2015 ). Likewise in some jurisdictions mandatory reporting laws have been implemented requiring medical professionals to obtain education about and report instances of domestic violence (Sachs, Peek, Baraff, & Hasselblad, 1998 ). Extent of and Possible Negative Outcomes fo r Reporting In addition to understanding what mandatory reporting laws are and to what instances they are applied it is important to consider if mandated reporters are indeed filing reports and if not why they do not chose to report particularly if their decisions are based on possible negative outcomes. According to Flaherty (2015), 20 50% of psychologists, social workers,

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23 childcare providers, and principals failed to report all instances of suspected child abuse. Similarly even wi th mandatory reporting la ws for child abuse some physicians do not report (Flaherty, 2015 ). In some instances fines can be imposed against those who do not report, yet even in those jurisdictions not everyone reports (Sachs et al., 1998 ). Therefore one of the main issues for mandatory reporting in the public health profession is getting physicians to report (Richards, 2015 ). There are many different reason s suggested for why people chose not to report. For instance the most common reason given by physician s as to why they chose not to report is they were not certain the c hild had been abused (Flaherty, 2015 ). Likewise three possible reason s have been put forth to explain why teachers do not report even though they are required to do so: the teachers lack knowledge about mandatory reporting, teachers felt that someone else had taken action to report, or teachers believed common my ths about reporting (Crenshaw et al., 1995 ). Another reason might simply be that teachers or other profession al s ar e unaware of ho w to recognize signs of abuse or neglect. Despite mandatory reporting laws for child maltreatment many physicians receive little education on the subject (Flaherty, 2015 ). In the Crenshaw et al. (1995) study only 9.6% of respondents felt well prepared to recognize and report child abuse and neglect. Members of the medical community face a unique predicament; the existence of patient physician privilege makes medical professionals uncomfortable about reporting even when they know the mandat ory reporting law supersedes the privilege (Sachs et al., 1998 ). Not everyone is a supporter of mandatory reporting laws, highlighting the potential negative effects or poor outcomes associated with the laws. Often potential negative outcomes influence a mandated reporter s decision to uphold their obligation to report or

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24 ignore it. In addition there are other potential negative outcomes that must be considered when creating mandatory reporting laws. For instance one downside of having clergy as mandated reporters is it might prevent people from going to confession where the priest might have been able to persuade the person t o turn themselves in (Parkinson, 2015 ). On a different not e Sachs et al. (1998) found that mandatory reporting laws for domestic vi olence failed to affect the number of dispatches for domestic violence particularly those to medical facilities indicating the laws were not increasing the number of reports being made by those who were n ow obligated to report. The American Medical Association opposed mandatory reporting because of the lack of data on the effects these laws have on victim safety, concerns related to confidentiality of the patients, and concerns ab out patient autonomy (Bled soe et al., 2004 ). Likewise advocates against mandatory reporting for domestic violence claim that involvement of law enforcement against will strips them of powers and may only anger the perpetrator more thus inc reasing the violence (Sachs et al., 1998 ). Therefor e a major concern with mandatory reporting and domestic violence is that victims may not seek medical attention or will lie about how they received their injuries if they know the poli ce will be contacted (Sachs et al., 1998 ). Positive Outcomes or Benefits to Reporting Al though many opinions have been put forth suggesting that mandatory reporting laws lead to negative outcomes other s suggest that these laws may have positive effects after all. When it comes to reporting abuse although the report intrudes on the privacy the benefits of stopping the abuse tend to outweigh the cost of losing privacy and autonomy (Richards, 2015 ). Looking specifically at mandatory reporting and domestic violence, it is argued that the reporting r equirements have helped to increase professional training and

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25 education ). In addition these requirements have fostered greater cooperation between law enforcement, health care centers, social services, and domestic violence advocates helping to ensure that victims receive aid from all of the appropriate agencies. It is also argued that man datory reporting laws for domestic violence sends a message that domestic violence is a crime and will not be tolerated (Larkin ). The same arguments can be extended for all other incidents, which are covered, by mandatory reporting laws. P ositive effects of reporting include reporting of m ore cases, which might have otherwise been swept under the rug, and encouraging people to report whom othe rwise would not have (Mathews, 2015 ). Proponents of mandatory reporting laws for child abuse and ne glect argue that the laws prevent children from falling through the cracks, creating an opportunity to prevent more damage and allowing for the factors b ehind the problem to be identified under stood, and addressed (Richards, 2015 ). Mandatory reporting la ws are another important legislative action that relates to college sexual misconduct therefore it is essential to recognize how these laws were developed, what they incorporate, and what they aim to establish. In order to do this one must consider specifi c examples of mandatory reporting laws. To get the full picture it is necessary to look at the extent to which reports are made and to consider why reporters are not fulfilling their obligations. One must also consider the possible negative consequences re sulting from reports and the possible positive outcomes to comprehend the factors a reporter may consider when making their ultimate decision to report or not. Mandatory Reporting and Title IX the Intersection on College Campuses With a complete understanding of Title IX and mandatory reporting laws the next step is to identify how the two come together on college campuses in the form of responsible

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26 employee policies. This section seeks to demonstrate whom mandatory reporting laws are directed at on college campuses and explain s the realities of responsible employee designations. Who are Mand at ory Reporting Laws Directed at on College Campuses ? The first question that must be answered in order to understand mandatory report in the context of sexua l misconduct on college campuses is under Title IX who is responsible for reporting? As previously outlined in the Title IX and courts section for student sexual knows or in the exercise of reasonable care should know that a student may have engage d in p. 251 ; Pryal, 20 16 p. 7 ). As a result in many colleges faculty and staff are now required to report to the Title IX office when a student tell s them they have been stalked, sexually assaulted, or sexually harassed (Pryal, 2016 ). Responsible employees are defined as someo has authority to take action to red ress harassment, has the duty to officially report itle IX coordinator and is a person whom students could reasonable believe has this (Pryal, 2016 p. 7 ; Deamicis, 2013 para. 9 ). In essence responsible employees may include teaching assistance s residence assistance s housing staff, faculty with advisory or student oversight, academic advisors, coaches, professors, and ca mpus safety personnel (Veidlinger, 2016 ). In some cases schools h ave interpreted the Dear Colleague Letter explaining the responsible employee provision to mean that all members of staff or faculty on a campus must report aside from a few exceptions such as Rape Crisis Centers and Counse ling Services to be incom pliance with Title IX (Deamicis, 2013 ). Although in all instance s some university employees have confidential sta t u s and have a professional or legal obligation not

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27 to report unless they have reasonable cause to believe the person is da ngerous to themselves or others ( U.C.D., 2016d ). Staff, faculty and even student faculty who are considered to be responsible employees are required to follow mandatory reporting even if they have not been trained or are unaw a re of their obligation (Pryal, 2016 ). Although the idea behind the responsible employee designation is well intended, empl oyees who are directly affected by the policy are not sure they are comfortable with its realities. The idea behind the mandatory reporting requirements for responsible employees is that mandatory reporting will protect vulnerable populations and will make campuses safer (Mancini et al., 2016). In order for this policy to be effective employees should be trained to clarify what they are required to do with the information shared with them and how to handle the situation when someone starts to make a disclosure (Sokolow, 2013 ). However, not all responsible employees are comfortable with their duties a s mandatory reporters (Pryal, 2016 ). Faculty members such as professors are often the frontlines with stude nts and as such worry their new requirements to report may have negative e ffects on their relatio nships with students (Wilson, 2014 ). Many staff members are surprised schools are asking them to violate t ). It has also been noted that the new provision might create issues with and prevent research from being conducted on sexual misconduct (Wilson, 2014 ). The responsible employees are not the only people concerned about the effects of the new reporting requirements on students who have been victims of sexual misconduct. Some members of the community see mandatory reporting as stripping victims of the on ly thing that still remai ns in their control, the decision of who to sh are their story with (Deamicis,

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28 2013 ; Wilson, 2014 ). They argue that Title IX is designed to empower victims not to make them watch as deal with complaints th e victims n ever made (Sokolow, 2013 ). Rape group survivors indicat ed they felt mandatory reporting rules would silence victims (Baurelein, 2015 ). The main concern is that students will report at lower levels when they learn of mandatory reporting policies on campus and therefore may not find out about as many victim services (Mancini et al., 2016 ). Since rates of reporting are already low for victi ms of sexual misconduct and in particular for college victims t his is a very important concept to consider. Based on ne w guidelines in the Dear Colleague letter of 2011 mandatory reporting by responsible employees has now become a major factor on college campuses. Title IX has been designed to help students who have bee n victims of sexual discrimination and the new mand at ory reporting policies are designed to increase reports and ensure school s are upholding their obligation defined by the courts. However the new guidelines have not been accepted by everyone with open arms and there is some question as to whether or not they will actually produce the intended results. Victim View s on Mandatory Reporting Now that it has been established that the Title IX guidelines set forth mandatory reporting policies for responsible employees on college campus es the next step in the analysis is to consider how mandatory reporting is viewed by those involved Since manda tory rep orting laws directly affect the victims it is important to understand their views on the subject. The views of those involved with mandatory reporting on college campus have not been studied in much detail; therefore to enhance the analysis of vic

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29 s of those from other disciplines will also be explored. Perceived Positive E ffects of Mandatory Reporting The first important factor to consider when it comes to views of manda tory reporting laws is what the victims found to be positive about the experience. These laws are often designed with the hope of helping the victims so it is necessary to consider if they are actually doing so. Some states have passed mandatory rep orting laws for domestic violence even in instances where the reporting goes against the wishes (Rodriguez, McLoughlin, Nah, & Campbell, 2001 ). This is very similar to the mandatory reportin g policies that apply to members of the university commu nity; therefore the views of these victims will be considered in the following analysis. Some domestic violence victims expressed positive opinions towards mandatory reporting. In the Smith (2000) study which considered views of women who were victims of domestic violence a majority of the women interviewed thought mandatory reporting would benefit them but they were more likely to believe it would benefit others. In anothe r study conducted by Antl e, Barbee, Yankeelov, & Bledsoe ( 2010 ) the majority of women would not have prevented the report if they could have, however 29% of the women wanted to the right to be able to do so. Many of the women in this study had positive encounters when social services made initial contact after a repor t had been made. The women felt that social service workers helped them cope with their situation. The positive interactions with the social workers may have contributed to the positive opinions o f mandatory reporting presented in Antle et al., ( 2010 ) stud y. Mandatory reporting laws increased the services for women but in order for the mandatory reporting laws to be effective they need to be placed

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30 in the contex t of social services (Bledsoe et al., 2004 ). In essence without the services provi ded to address the intimate partner violence the mandatory reporting itself would do the victims little good (Antle et al., 2010 ). A lthough the support for the concepts behind the mandatory reporting laws may be positive on the whole, it does not mean the victims completely support the laws, as they cu rrently exist. In the Sullivan and Hagen ( 2005 ) study 60 out of 61 participants did not supp ort the mandatory reporting laws for domestic violence unless a number of changes occurred. In another study by Rodriguez et al. ( 2001 ) similar results occurred with patients indicating they would be more likely to support mandatory reporting policies if the policies took into account preferences. This suggests that women prefer to control the decision when it comes to rep orting to the police (Rodriguez et al., 2001 ). In fact according to Sullivan and Hagen (2005), women felt strongly that they should be able to choose if the police were contacted. In another study Gielen et al. (2000), which compared views of both abused and non abused women, abused women were 1.4 times more likely than non abused women to prefer victim controlled reporting over mandatory reporting. Perceived Negative E ffects of Mandatory Reporting Although studies have found that women have positive views towards mandatory reporting in some instances, there are also instances where women have negative views of mandatory reporting particular ly when considering perceived consequences of reporting. Others indicate there are barrier s to mandatory reporting which do not allow it to operate as intended resulting in negative outcome s. Despite some positive opinions, many domestic violence victims expressed negative opinions on mandatory reporting and these opinions often varied between victims and non

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31 victims. Although Gielen et al., ( 2000 ) found that three fourths of women interviewed thought mandatory reporting would make it easier to get help, two thirds reported they would be less likely to talk to t heir health care providers and half thought it would put women at increased risk. Views toward mandatory reportin g differed depending if the women interviewed was a victim or n ot. Rodriguez et al. ( 2001 ) study co mpared views on domestic violence mandatory reporting laws of abused and non abuses women and found that 44.3% of abused women opposed mandatory reporting c ompared to only 29.3% of non abused women. Some negative aspects of mandatory reporting brought up by victims were not being ready for help and f ear of false reports (Antle et al., 2010 ). In other instance s mandatory reporting caused patients to fear retaliation, loss of control, or family separation which lead them to avoid, seeki ng help (Rodriguez et al., 2001 ). In fact in the Smith (2000) study 20% of abused women indicated they would be less likely to seek medical attention if there were mandatory reporting laws. In Colorado where mandatory reporting laws for domestic violence are in place 9% of female patients were less likely to seek help because of the mand atory reporting laws (Rodriguez et al., 20 01 ). In addition to negative opinions about mandatory reporting, in some instance s mandatory reporting law s lead to negative outcomes for the victims they were intended to protect. The women interviewed felt there was a severe risk to themselves if they were to tell anyon e about the violence (Sullivan & Hagen, 2005 ). As a result of this fear many women lied about their injuries because they were afraid the police would be contacted. In other instances the abusers prevented the victims from seeking medica l attention for fear the police would be called. Participants were also often disappointed by the responses from

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32 police, prosecutors, and courts and therefore wished to have no further part in the system even when th e violence continued (Sullivan & Hagen, 2005 ). Victims of domestic violence have both positive and negative views about mandatory reporting. Victims tended to have a more positive view of the laws if they allowed the victim to have a say in whether or not a report was made. In addition when vi ctims received services and had positive interaction with those providing the service they were more likely to view mandatory reporting in a positive light. Women who had been abused were more likely to have negative views of mandatory reporting tha n wome n who were not abused. Women indicated they wo uld be less likely to seek medical services if mandatory reporting laws were in place or to lie about their injuries undermining the main goal of mandatory reporting. In addition the abuser may prevent victims from seeking help if such laws are in place. Students Views on Mandatory Reporting The study considered here was conducted by the Virginia Commonwealth University to provide an insight into student s views on mandator y reporti ng policies (Mancini et al., 2016 ). The study focused on student s opinions about a mandatory reporting policy which if implement ed do not want 2016 p. 226). The study considered students opinions on topics such as the likelihood of reporting under the mandatory reporting policy, faculty compliance perceptions, and expected outcomes of mand atory reporting laws (Mancini et al., 2016 ). As a whole students tended to support the proposed mandatory reporting policy highlighting several potential positive outcomes of the policy while also acknowledging

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33 potential negative outcomes. Mancini et al. (2016) indicates that 66% of students either supported or strongly supported the mandatory reporting policy. Although a majority of the students supported the mandatory reporting policy, the percentage of students supporting the policy was lower than the percen tage of the general public who supported the policy, which was determined in a previous study. Only 15% of the students indicated having a mandatory reporting policy like the one proposed would reduce their likelihood of reporting and 56% said it would inc rease their likelihood of reporting. Although students felt the mandatory reporting policy would increase their own likelihood of reporting, 62% felt the policy would decrease peer reporting. Students acknowledged the positive benefits of such a policy and indicated they felt it would lead to better victim assistance, increased arrest risk, would prevent university cover ups, increase university accountability, and increase the punishment for perpetrators. However students understood the potential negative aspects of mandatory reporting such as increased wrongful arrests, reduced help seeking, potential victimization and wasting resources. In addition three fourths of the students also felt mandatory reporting would reduce victims autonomy. The study als o showed that 85% of the students felt faculty would comply with the law even if it were (Mancini et al., 2016 ) Although this study does n ot concentrate specifically on s on the mandatory reporting duties of responsible employees under Title IX, it does provide some guidance on how stude nts fee l towards a mandatory reporting policy that deals with one aspect of sexual misconduct and has a reporting requirement regardless o f the students wishes. Although the students recognized both negative and positive aspects of the mandatory reporting policy, the fact that a majority of the students were in favor of the policy indicates the positive factors must have outweighed the pote ntial negative outcomes.

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34 S tudents also seemed to feel faculty members would adhere to the policy and report even if it was against a student's wishes. University of Colorado Denver Specific Policies The final piece of information need ed to fully understan d sexual misconduct, Title IX, and mandatory reporting in the context of this study is information on the specific policies and procedure s in place at the institution where the research will be conducted. This will provide the framework for the exploratory research conducted and will demonstrate how the three aspects intersect in a specific college setting. The policies surround ing sexual m is conduct at U.C.D. are outli ned including who the policies a ffect, in what setting they apply, and what behaviors are covered. U.C.D. prohibits any act of sexual misconduct or related retaliation which applies to students, faculty, staff, contractors, pa tients, volunteers or affiliated entities or 3 rd parties (U.C.D. Office of Equity 2016f per form their duties and exercise judgments of others in accordance with basic standards of fair ness, equity and 3 ). The policies apply to both on and off campus conduct thus incorporating online and elect ronic communications (U.C.D. Office of Equity 2016f ). At U.C.D. the Office of Equity investigates allegations of discrimination, harassment, sexual misconduct, and related retaliation (U.C.D. Office of Equity 2016a ). Sexual misconduct prohibited at U.C. D. is defined as sexual assault non consensual sex ual intercourse, sexual assault non consensual sexual contact, sexual exploitation, intimate partner abuse, gender based stalking, sexual harassment, or retaliation related to sexual misconduct (U.C.D. Office of Equity 2016b ).

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35 The responsible employee policy is explored in detail including who falls into this category, details on their report, and their obligation s Any responsible employee who witnesses or receives information about sexual misconduct is required to report to the Title IX coordinator details about the misconduct including the victim s name, alleged perpetrator s name, name of alleged witnesses, and any other relev ant information such as date, ti me, a nd specific loca tion of the incident (U.C.D. Office of Equity 2016a ). U.C.D. discipline, evaluate, grade, formally advise or direct faculty staff or students and has the authority to redres Office of Equity 2016a para. 24 ). This definition excludes medical, mental health, counseling or office personnel from the mandatory reporting requirement (U.C.D. Office of Equity 2016a ). Even if the individual disclosing the information requests privacy or that no investigation takes place the responsible employee is still required to report the information to th e Title IX coordinator (U.C.D. Office of Equity 2016b ). The coordinator must weigh the request for confidentiality against the universities obligation to provide a safe, nondiscriminatory environment and may still proceed wi th the investigation (U.C.D. Office of Equity 2016b ). A responsible employee needs to let student s know about their obligation to report; explain that the student has the option to ask the university for confidentiality but it may not be guaranteed; and advise the student of the ability to share information with other resources who do not have t he obl igation to report (U.C.D. Office of Equity 2016g ). Responsible employees are not the only ones a ffected by the sexual misconduct policies, U.C.D. also has obligations it must fulfill. Campuses must provide victims of sexual misconduct with information on reporting rights and options, the importance of

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36 preserving evidence, responsibilities for orders of protection, services available, and accommodation options (U.C.D. Office of Equity 2016b ). To achieve this aim U.C.D. provides three confidentia l resources on their Denver Campus, in addition to providing students with a list of community resources and non confidential sources all of which c an be located on the University s Office website (U.C.D. Office of Equity 2016d ). Accommodation options are available to students regardless of whether or not they participate in a campus intervention, disciplinary proceeding, or report the crim e to law enforcement (U.C.D. Office of Equity 2106h ). Gap s i n the Literature and Current Study Aims Previ ous studies have explored sexual misconduct on college campuses looking into prevalence rates and reporting practices. Title IX and mandatory reporting individually have been explored in detail. In addition views of victims who are the subjects of mandatory reporting laws focused on other disciplines have also been considered. However little is known about mandatory reporting on college campuses in relation to Title IX. This presents a gap in the literature which warrants further exploration, p articularly considering the fact that reporting rates of sexual misconduct against college students are already low. The study that did focus on student s views of mandatory r eporting policies focused on a hypothetica l requirement for colleges to be required to report suspicions of sexual assault to police. T he As the literature currently stands there are several gaps, which the current research aims to fil l. No literature was identified that specifically considered victim s policies that require faculty to report all forms of sexual misconduct to the college itself regardless of a victims literature, which

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37 co nsidered the opinions of victims of sexual misconduct about the mandatory requirements presented under Title IX. As mandatory reporting policies are in place to assist victims it is essential to consider their views on the matter. Simil arly, no research was identified that considered the views of faculty members who have made reports under the responsible employee policy, faculty members who have gone through the training, and administrators who worked with victims. These groups are also affected by the policy so it is important to develop an understanding of their perceptions of the policy. Previous research on other mandatory reporting laws indicate s reporting laws and the services available to them. However, the literature has not considered how the views of victims, faculty members, and administrators might be influenced by the service s available to victims. The current research aims to explor e the views of victims of sexual miscon duct who had their incident reported to the Title IX office, faculty members involved with the reporting process, faculty members who have gone through the training, and administrators who work with victims in re gard to the responsible employee policy ; to opinions about the responsible employee policy; and to identify any policy implications.

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38 CHAPTER III METHODS Th e methods section provide s a detailed expla nation of how this research was conducted. The firs t section lays out the ap p roach select ed. The second section examines human subject s concerns. The third section provides details on sampling such as the specific sampling method used, in clusion and excl usion criteria and how the sample was obtained The fourth section explains the data collection procedures and address es the advantages and disadvantages of the method. Next, risks and benefits of the methods used are considered Afterwards the areas of exploration are considered t hen the data analysis plan is described. Finally limtations of the methods are considered. A Qualitative Research Approach The goals of the research were accomplished using qualitative methods Specifically the research was designed to be exploratory in nature si views of the responsible employee policies. Qualitative research wa s a suitable approach given that it a llowed for exploration of people s motivatio ns, value systems, and histories by presenting detailed accounts from the participants perspective (Saldaa, 2015). Qualitative research is typically used to aid in d eveloping a complex or detailed understanding o f a particular issue (Creswell, 2013 ). In a ddition according to Creswell ( 2013 ) exploration is needed to study a group or population, identifying variables that cannot easily be measured or to hear silenced voices. Qualitative research also seeks to direct the focus on the meaning the partic ipants give to a particular issue and to shed light on the complex interactions among different factors (Creswell, 2013 ).

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39 researchers of the issue at hand to enhance own ership of the investment in the study (Saldaa, 2015 p. 114). The current study focuses on those who have previously been under examined in groups with the hopes of identifying the ir thoughts on a complex topic. Qualitative research s intent is to make sense of the mean ing others have about the world (p 25 ) This approach works well with the current research which seeks to understand the perceptions of victims, faculty, and administrators about a particular policy T hus it is necessary to have a study design that allow s their meaning or understanding of the topics to be heard. The use of qualitative methods offers many advantages for this project. It has been used in other research projects seeking to a sses s the opinions of a particular group about a certain policy. For instance a qualitative approach was use d to identify victims of domestic violence opinions on mandator y reporting policies (Antle et al., 2010 ). In addition the Mancini et al. (2016 ) study policy e mphasized the importance of having a study that was exploratory in nature because nothing was known about the subject. However there are some disadvantages to a qualitative study that must be acknowledged Typically a qualitative study focuses on a smaller number of people than a quant itative study. A qualitative study often takes longer for the individual parti cipants to complete and involves a more detailed and complex analysis process for the researcher. However in t his case the benefit of obtaining as much detailed information as possible on a relatively unexplored topic outweigh s any disadvantages of the qualitative process. A s explained by Creswell ( 2013 )

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40 ( p 26). By understanding the perspectives of those who are directly affected by a policy, an understanding of any policy implications may be developed which if address ed will have a positive impact on future victims. Human Subject Concerns The current research pr oject deals with human subjects ; therefore it is essential to address human subject concerns. The following section consi ders how the research addressed the concerns of volunt ary participation, confidentiality, and informed consent. All proce dures outlined in this study follow ed the ethical considerations outlined by the University of 1 In addition, the researcher has taken the Collaborative Institutional Training Initiative courses to be fully informed about human subject concerns. All participants were advised that their participation is voluntary and that they may refuse to answer a ny questions and /or stop the interview at any time. All responses are confidential; no identifying information is attached to the responses and all data are presented in aggregate form to protect the individual s involved. All participants were given a copy of the informed consent form outli ning the specifics of the study; a copy of this form can be found in Appendix A. The researcher addresse d any questions that t he participants had and asked th e participant s if they understood the possible risks and benefi ts of the s tudy, that their participation wa s voluntary, and that their information will be confident ial. The researcher then obtained verbal consent from th e participants. Verbal consent wa s being obtained rather than having the participant sign a consent form to help insure the confidentiality of the participants. 1 To view the full IRB Protocol please contact the researcher.

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41 Sampling Sampling Method T he sample used to address the research objectives wa s a convenience sample. In general, convenience sampling has been accepted in qualitative studies because this sampling method allows for intentional sampling of a group of people that can best inform the researcher about a particular problem (Creswell, 2013). Convenience sampli ng allows the researcher to save time and money while still accessing a sample from the population they seek to understand. There are however limitations to the proposed sampling. Because the sample is not a probability sample, findings cannot be general ized to the population as a whole. In other words the sample may not be representative of all victims, faculty, and administrators. While a limitation, this is not a great concern as the purpose of this research is exploratory in nature. The sampling proc ess in the current study is similar to sampling processes that were used in previous studies examining porting (e.g., see Mancini et al. 2016) In their study on victims of domestic violence, Sullivan and Hagen (2005) cont acted organizations that helped or had contact with the victims to seek their assistance in finding women for the study; the researchers then contacted former or current clients who might be interested in participating in the study. Similarly, in Antle et al (2010) study the convenience sample was drawn from female victims who had been contacted after a report of domestic violen ce was made. In the Antle et al (2010) study 24 victims were interviewed.

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42 Inclusion and Exclusion Criteria The victims fac ulty, and administrators were s elected from the University of Colorado Denver The sample include d five victims of sexual misconduct who had their incident re ported to the Title IX office, five faculty members who were involv ed with the reporting process, five faculty members who have gone through the training, and five administrators who work with victims of sexual misconduct at the university These populations were selected because they are the ones directly affected by the responsib le employee policy making it important to understand their views on the policy. Several groups were not eligible t o participate in this study. The s e include d anyone who is under that age of 18, prisoners, or decisionally challenged individuals. Non English speaking participa nts are also excluded from the study. Although these individuals may provide a different perspective from those included in the study, given that this is the first study exploring opinions about the responsible employee policies the researcher opted to fo cus on easier to access respondents Future research should build upon this and gather similar information from the excluded groups. Obtaining the Convenience Sample Victims facu lty, and administrators were selected to participate in the study with the as sistance of the Title IX coordinator at the schoo l. The Title IX coordinator provide d acces s to the individuals Given the Title IX coordinator already had an establishe d relationship with the victims it was determined she would be best person to initially identify potential participants. T he Title IX coordinator also had a relationship with the faculty members who were involved in the reporting process, faculty members who have gone through training, and administrators who work with victims that come to her office. T herefore it was

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43 determined she wou ld be the best person to identify these participants as well Potential p articipants were given a brief d escription of the study and were asked if they wish ed to participate. If so, t hey were asked to contact the researcher to set up the interview. Participant s recruited were given a recruitment flyer with information about the study and the res earchers contact information; a copy of this flyer can be found in Appendix B The Title IX coordinator refer r ed any questions about the study to the researcher and did not answer any questions about the study. Data Collection To conduct this research data about the individuals in the sample were gathered from three sources: case files, surveys, and interviews. The f ollowing sections address each o f the sources. Case Files / Survey The initial phase of data collection centered on gathering information from case files and surveys Once the victims agree d to participate in this study, the Title IX office provided demographic information from their case files Specifically, t he information collected wa s /university role the type of sexual misconduct ex perienced, and the category of the person was in who made the initial report about the victimization, such as the victim themselves or a professor. This information was obtained from the case files instead of through the interviews in order to minimize the response burden on the victim participants. Demographic information about the faculty and adm inistrator participants was gathered thr ough a survey given to the participants a t the beginning of the interview. A copy of the survey is located in Appendi x C T he information collected includes the participant s

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44 race and ethnicity, age, gender identity, yea rs employed with the university and for faculty members their status and rank. All demographic information is presen ted in aggregate form and is not tied t o the specific individuals in the study or to their interviews. In Depth Interviews The second phase of the data collectio n wa s in depth semi structured interviews with the twenty p articipants. The one on one interviews were conducted using open ended qu estions. Sub questions were questions. The questions were designed to help guide the interview but respondents were allowed to comment on anything they felt wa s relevant. In addition, usi ng this appr oach, answers were probed when needed. Interviews allow for an in depth discussion of the issues and allow for a greater understanding of those issues. In particular interviews using open ended questions allow ed the participant to provide his or her own a nswers without influences from the researcher and allow capturing of rich detail (Maxfield & Babbie, 2011). Open end ed interviews create d the opportunity for the researcher to fol low up on what the participant wa s saying and to ask additional questions t o clarify what the participant wa s trying to get across which helps to establish face validity. Other studies focusing on mandatory reporting policies have used in depth interviews to assess the opinion of victims about these policies. However, there are som e disadvantages to interviews. Interviews require a greater amount of time than surveys and do not allow information to be obtained from as many subjects. In addition, having open ended question makes it more difficult for the interviewer to categorize res ponses (Maxfield & Babbie, 2011).

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45 Sep arate interview guides were created for each group of individuals interviewed although some questions were similar to allow for comparison. Copies of the interview guides can be found in Appendix D, E, F, and G The interviews were conducted in person and were conducted in a priv ate setting 2 The interviews were conducted either in a private office on the campus or an off campus location 3 Although none of the participants chose to do so, they wer e given the opti on to have the interviews conducted at the Phoenix Center at Auraria. The Phoenix Center is one of the confidential resource centers available to students, facult y, and staff and was offered as a possible location for interviews because o f the availability of advocates. T he participants could choose to have an advocate with them during the interview. Each interview last ed approximately 30 minutes (29.3112.93 ) Participants were aske d if they would consent to the interviews be ing recorde d. Once their permission was obtained the interviews were recorded and later transcribed verbatim Havi ng the interview recorded allowed the researcher to fully focus on the participa nt throughout the interview and allow ed a more natural f low in the conversation. The recordings were kept until the transcriptions were completed All transcriptions will be kept for three ye ars following the completion of the study All data are stored in a secure location In particular the data are kept in a locked file cabinet inside a locked office that can only be accessed by the re search team working on the project. Risks, Risk Management, and Benefits of Methods As with all research there are some risks to participants in this study however the risks have been determined to be minimal and are outweighed by the benefits of the research. 2 One faculty interview was conducted over the phone for their convenience. 3 Two victims requested to have their interviews conducted at an office campus, public location.

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46 The risks associated with obtaining the demograph ic information for the victim participants wa s they might be u pset that information was gathered from their case file. V ictim participants were advised during the consent process that this information will be obtained and victim participants can ask to not have this information disclosed. The benefit of accessing the case files is the researcher does not need to ask the victim participant basic demographic or background questions thus decreasing the burden on the participant. Similarly, there wa s a risk that faculty members and administrators would be upset about needing to provide demographic information B y having the faculty and administrator participants fill out a separate demogr aphic questionnaire it decreased the risk that demographic information can be associated with a specific interview thus helping to maintain the confidentiality of the particip ants. While there was a risk related to the demographic information no evidence was found that the participants were troubled by it. The interviews present ed a minimal risk to par ticipants. The participants could experience some discomfort because the int erviews relate d to policies surrounding reports of sexual miscondu ct. Although no evidence indicated that the participants experienced discomfort during the interviews and none of the participants were referred to campus resources, the research er did have a list of these resources available T his list is located in A ppendix H In addition, the burden on participants or potential risks experienced during the interviews was minimized because the interv iew questions were designed to not ask sensitive questions about the events surrounding the perception s of a reporting policy.

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47 Areas of Exploration There were three main research objectives for this study: to explore the vi ews of individuals affected b y responsible employee policies; to develop an understanding of the services available to victims and the roles these services play in participants opinions about the responsible employee policy; and to identify policy implica tions. This section describes the type of information gathered to satisfy the research object ives. First information wa s gathered to identify participants background knowledge or un derstanding of the Title IX policy The sec ond area elicited information used to develop an understanding of participants perceptions about the policy. The third are a of int erest identified perceptions of the role of services. Finally the fo u rth area of interest gathered information allowing an understanding of policy imp l ications. Determining Participants Initial Background with the Policy The interview questions were designed to address the three main research aims and re porting law s (Antle et al., 2010; Sullivan & Hagen, 2005; Mancini et al., 2016; Smith, 2000) By u sing questions adapted from similar studies the researcher increase s the validity of the study. The first question asked on all interview protocols is designed to help the research er identify the participants un derstanding of the responsible emp loyee policy. The questions sough to d etermine if the participants were aware of the reporting requirements for responsible employees in regard to instance s of sexual misconduct. If the participants were awar e of the requirements they were a sked to explain when and how they became aware of the policy. Victims and administrators were as ked to describe the policy allowing the researcher to see if their understan ding of the policy matches with the actual policy. The

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48 policy was provided to victims and administrators at this point to ensure they understood the policy that was considered through out the rest of the study. Perceptions about the Responsible Employee Policy One goal of the research wa s to explore the views of victims, faculty, and admin i strators in regard to mandatory reporting polices for responsible employees. In order to understand this aspect t he research participants were asked to share their th ought s on the responsible employee policy. The questions here are different from the first area of exploration in that they sought not to understand participants knowledge of the policy but rather to illicit participants opinions about the policy. They wer e prompted to provide additional details through a series of sub questions In previous research on students views about a hypothetical mandatory reporting policy students were asked if they supported or opposed the policy, if it would change re porting habits, what the expected outcomes would be, and if a faculty member would report (Mancini et al., 2016 ). In addition studies of the opinions of victims of domestic violence have considered the effect of mandatory reporting policies on a victim s reporting habits and on their position for or a gainst such a policy (Smith, 2000 ). T he current research incorporated all of these aspects in the sub questions while also asking victim participants to consider if they would want some one else sharing t heir story. All participants were asked who they felt should be a responsible employee. Participants were then asked more detailed questions relating to their specific roles to help obtain a deeper understanding of their perspective. Role of Services Provided T he second aim of the research wa s to develop an understanding of the role services available to v ictims play on participants opinions about mandatory reporting polices for

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49 responsible employees The potential impact of services provided on view s of mandatory reporting has been explored in studi es looking to examine the opinions of victims of domestic violence about mandatory reporting (Antle et al., 2010 ). In order to understand the potential role ser vic es play in the opinions of victims of sexua l misconduct a series of questions about services were asked. To provide background information on services from the victim participants q uestions were asked about knowledge of services, availability of services, if assistance was obtained what type of a ssistance was obtained, and if there were barrier s to obtaining the services. For the other th ree groups some questions were asked on the topic of services but the questions differ ed based on the individual s role. All participants were asked to explain if the availability of services had an effect on their opinions of the responsible employee policy. Policy Implications The final aim of the research wa s to identify any p ossible policy implications. Pre vious research on mandatory reporti ng and domestic violence considered victims suggestions for improving the polic i es and what changes need to be made in general to improve se rvices or the policy (Antle et al., 2010; Sullivan & Hagen, 2005 ). In order to develop an understanding of possible policy implications for the responsible e mployee policy, participants were asked if they felt any changes need ed to be m ade to the policy. Participants were asked additional questions about the effectivenes s of the policy and the reporting process as a who le based on their specific role. This allowed for an understanding of both the policy implications for the particular policy in consideration and for the reporting process as a whole.

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50 Data Analysis and Organization Plan Quantitative Analysis Although the research wa s primarily qualitative i n nature there wa s a small quantitative analysi s piece involving r A codebook wa s created and data from both the case files and the demographic questi onnaires were coded. Once th e data were coded and entered int o SPSS, frequencies we re generated. All data are reported in aggregated form so that identification of participants is not possible. For the demographic and background information obtained from the case files and demographic questionnai res information presented only include s percentages For the a ge and years employed categories the mean and standard deviation are presented These descripti ve results allow the reader to understand basic information about the groups of participants in the study while also maintaining confidentiality of the participants. Qualitative Organization and Analysis In a qualitative analysis the researcher follows a path of analyzing the data to develop a detailed knowledge of the topic being studied (Creswell, 2013 ). The researcher seeks to synthesize large amounts of data into more manageable pieces in order to reflect on the informa tion an d discover meaning (Saldaa, 2015) According to Bernard and Ryan ( 2010 ) analyzing text involves five core task s describing the core and peripheral elements of themes, building hierarchies of themes/codebooks, applying themes or attaching them to chucks of actual text, and linking themes into theoretical models 54) Patterns are the foundation for creating codes, categories, and themes and the more often a pattern occurs the more stable the pattern (Saldaa, 2015 ) In most qualitative st udies investigators examine patterns and redundancies

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51 to identify distinct themes which the n guide the pres entation of findings (Sullivan & Hagen, 2005 ). The researcher first read through the transcriptions several times to get a sense of the interviews as a who le. The process of analysis began by identifying patterns, developing codes, organizing the codes into themes, which were then used to create larger units o f abstraction. As explained by Creswell (2013) olves aggregating the text into small categories of i nformation ( p. 184). Coding wa s conducted in three broad phases: open coding, axil coding, and selective coding (Strauss, 1987 ). In the first phase, open coding, which is unrestricted cod ing wa s done by looking for repetitions in vivo codes, metaphors and analogies, transitions, similarities and differences, linguistic connectors, mi ssing data, and theory related material (Bernard & Ryan, 2010 ) Two main types of codes are identified at this st age (Strauss, 1987). The first type i n vivo codes, are codes which are literal terms used by the participants themselves (Berg, 2004). The second type of codes sociological constructs are codes developed by the researcher based on their knowledge of the field (Berg, 2004) While conducting open coding the researcher keeps in mind t he original study aim, analyzes the data minutely, and frequently writes notes (Berg 2004 ). This approach ensures that important categories are not overlooked (Strauss, 1987 ). The research er then moves to axil coding 1987 p. 32 ) In essence at this stage relationships between categories and subcategories are developed. In the final stage of codi ng, selective coding, core categories are formulated and other codes are related to them (Strauss 1987 ).

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52 Typically during coding some form of organizational system is developed such as the creation of an indexing system or a code book Here topics and subt opics are listed as codes along with identification of where the codes can be located and may even be accompanied by a brief excerpt from the transcription for later u se as a specific quote (Berg 2004 ). The codebook contains information on structural codes, theme codes and memos (Bernard & Ryan, 2010 ). The structural codes here describe the environment in which the d ata wa s collected. The theme codes are the information showing where the codes identified in the text are located. Finally the memos cont ain any notes or information about themes. As the researcher reads through the transcriptions the text is marked up with notations of codes and specific examples are highlighted T his information is ultimately used as the basis for the indexing system (Ber nard & Ryan, 2010) The next stage of the data analysis centers on content analysis. In this sense content analysis is used as a general term for coding the text into categories and then counting the frequency of the occurrence in each category (Neu e ndorf 2017 ) 4 The researcher refers back to t he index sheets where the codes have already been notated (Berg 2004 ). The codes were counted and the number of times they appear were reported to illustrate their frequency which may help to illuminat e participant interest in a theme (Creswell, 2013). In addition by presenting the magnitude of the observation it makes the argument more convincing (Berg 2004 ). However it is important to note that the frequencies presented are not findings themselves but rather are presented to bolster the overall analysis (Berg 2004 ). 4 Even in scholarly literature there is some debate as to what may be called content analysis (Neuendorf, 2017).

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53 After coding wa s complete d themes were p 186). Developing themes allowed the researcher to look beyond the information present in the data and to work towards developing a broader understanding (Sal daa, 2015). Specific quotes were identified and used to provide concrete evidence supporting the individual themes. In add ition, having this illustrative data allows for the reader to get a sense of the specific viewpoint of the participants and provides and understanding of their reality (Strauss, 1987). In order to ensure confidentiality of the participants, no identifying information is included with the quotes. In order to est ablish reliability two different researchers coded the data separately The researchers then compare the codes an d themes they developed and discuss until they reach agreement thus establishing intercoder agreement. Limitations There are some limitations to the current study. The study is exploratory which is often seen as a limitation, however the purpos e of the study is to provide an initi al look at a relatively unexplored topic T herefore an exploratory approach is necessary and justified. T he sample size is relatively small. However the sample size is less important if saturation is reached. The sample itself is not a probability sample and therefore it is not a representative sample. The sample comes from just one loca tion and one particular time. Th er efore the results of the study are not generalizable. However despite the limitations the current study is still justified because it fills a gap in the literature and provides the first look into an unexplored topic.

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54 CHAPTER IV RESULTS Sample Before examining the results a more detailed understand ing of the environment where the research took place, the unique perspective of participants, and challenges with obtaining the sample are outlined. It is important to have an understanding of the university where the research was conduct ed as the University of Colorado Denver differs from other major institutions in several ways. The university campus is located in an urban setti ng and is part of a tri institution campus. Although there are some dorms at the downtown campus, the university is mostly a commuter campus. The university also has a separat e health sciences campus located in a similar urban environment. Research was conducted with participants at both campus locations. Many of the participants ended up having overlappi ng roles, which may have provided unique perspectives. For instance severa l of the faculty members who made reports had also taken Title IX training All of the student victims were also university employees so their experience, perspective, and knowl edge may have been different tha n those individuals who were just students. In addition, with t he possibility of cross reports one of the victims also experience d some of what the respondents go through also contributing to a unique perspective. All victim par ticipants had completed the entire Title IX investigation pr ocess and therefore may have had different perspective s from those who are still going through the process. Some individuals particul arly those in the health sciences programs had mandatory reporting requirements outside of their role as responsible employees which may have resulted in different perspectives due to their background knowledge on reporting and why it

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55 is important. On e benefit when it comes to the faculty members is faculty in both categories were from a variety of different depart ment s on campus which allowed for an understanding based on a variety of backgrounds and provided wider insight on policy perceptions. There were some challenges with obtaining the sampl e needed for the current research. There were no challenges with recruiting participants fr om the administrator category; five administrators wer e asked to participate and all five agreed to take part. The biggest recruitment challen ge was the two faculty groups. Ten faculty members were needed to take part in the research and 30 faculty members had to be contacted in order to obtain the sample needed. As a result of this cha llenge it is quite possible those who were willing to participate in the study had more interest in the policy and therefore their views could have been different from the average faculty member. For the victims the challenge was not as much in actually obtaining the needed number of participants but rather in determining who would be a ppropriate to contact and who would be in a place in the process where they could answer the questions. In total seven victims were contacted to obtain the five needed for the study. Quantitative Before considering the findings for the three research objectives for the project, i nformation about the sample is presented. Demographic information f or all groups: administrators, faculty reporters, trained faculty, and victims is considered. First demographic information that was obtained from all individuals is provided. For the categories where information was gathered from all participants : gender, race, Hispanic origin, and age, the appropriate statistics are presented in Table 1.

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56 Table 1 Basic Demographic Information on All Participants Note: Although s everal categories were possible for both gender and race only the categories with data are presented. The maj ority of all participants were W hite, ( 80% ) and non Hispanic ( 90% ) Seventy five percent of all participants were female. Victims were on average the youngest group with a mean age of 30 years old (3013) Victims were also the most diverse group interviewed with 20% African American, 20% American Indian, and 60% W hite. Next demographic information specific to each of the individual groups is presented. Administrators All admi nistrators identified as being W hite and 20% identified as being of Hispanic origin. Forty percent of administrators were males and 60% were female. T h e average number of years administrators had been employed with U.C.D. was 3.5 years (3.5 1.73). Faculty Reporting The majority of faculty rep orters, 80% identified as W hite and none of the faculty reporters were of Hispanic origin. Only 20% of faculty reporters were male. The average

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57 number of years faculty reporters have been employed at U.C.D. is 13 years (13.2 8.89). Eighty percent of faculty reporters are tenured or tenure track faculty and 20% are clinical. Faculty Training Twenty percent of faculty members who went through the training are American India n or Alaska Native and 80% are W hite. None of the faculty members who went through the training identified as being of Hispanic origin. The average number of years faculty members who went thr ough the training have been employed at U.C.D. is 9 years (9.3 6.16). Forty percent of faculty members who had gone through the training were tenured or tenure track faculty. Likewise 40% of faculty who had gone through the training were instructors. Lec ture r s made up 20% of the faculty members who had gone through the training. Victims Eighty percent of victims were women. The education level or university role of the victims was diverse with 40% of victims being undergraduate students, 20% staff, 20% faculty and 20% graduate students. Victims can experience more than one type of sexual misconduct; therefore all forms experie nced were reported. The greatest proportion of victims experienced sexual assault 33.3% or sexual harassment, 33.3%. For the oth er types of sexual misconduct 16.7% of victims were stalked and 16.7% of victims experienced intimate partner violence. It was also possible for multiple parties to make a report to the Title IX office for a single victimization. The majority of the repor ts, 50% were made by the victims themselves. Other reporters included supervisors who reported 16.7% of victimizations, staff who reported 16.7% of victimizations and police who reported 16.7% of victimizations.

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58 Qualitative This section presents the finding s from the qualitative analysis of the interviews Eight overarching themes were developed from an analysis of all interviews and are presented along with their sub themes Counts are presented with how many interviews each theme occurred in along w ith a more detailed count that presents how many times each themes occur r ed total 5 Information on the background knowledge of the policy as a whole for eac h individual group is explored. Then the themes for each group are presented along wit h their related sub themes. There were four themes identified for the group of administrators, five themes identified for faculty reporters, four themes identified for faculty member s who went through the training, and four themes were identified for victi ms. Overarching Themes Eight overarching themes were developed along with their sub themes including Policy itself (sub themes: broad versus narrow, advantages, disadvantages, and where is the line), Lack of awareness or Understanding (su b themes: knowing policy exists and understanding what it means), Knowledge through training (sub themes: increasing knowledge of resources, initial conversation, and how to implement training to effectively educate), Resources (sub themes: types, importance for victims, an d confidentiality), Communication (sub themes: reporting process and support), Role of Relationships (sub themes: relationships in reporting, relationships as an inhibitor to repor ting and Title IX Office), Internal Conflict Trust (sub themes: fostering t rust and loss of trust). Table 2 5 Theme s may occur more than once in the interview so it is necessary to present their overall count to demonstrate their true frequency in addi tion to the count of how many interviews they occur in.

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59 provides a count for each of the themes and sub themes showing how often each theme occurred and how many interviews the theme occurred in. Table 2 Theme Prevalence Note: The number of interviews for this group was 20. Policy Itself This theme focuses on the perceptions and ideas r elated to the policy as a whole. The sub themes consider specific aspects of the policy. The initial conversation centers on how participants feel about the policy in general such as supportin g, opposing or having mixed feelings about the policies existence the counts for this perception are found in Table 3.

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60 Table 3 Feelings About the Policy Note: n=20 As a whole the majority of participa nts tended to be on the side that supported the Participants gave a variety of explanations as to why they felt the policy was important to them. In some instances they emphasized how the policy is important to victims : it people the opportunity to h explaining why the policy is needed as a whole: I cy because a lot of times anything. It gives people the initiative to be able to go and report and also protects those who are being harmed in the situation. was no need to question or have uncertain feelings about the polic y. O ther participants were not as sure about the policy. They could see the importance of having something in place but felt some caution was needed even though they still supported the policy: I think there have to be policies so we know where to start; h owever, I also believe Other s could understand how the policy was beneficial yet felt this was not quite enough to push t hem over to the support side and instead had mixed feelings about the policy. For

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61 instance one participant responded, gotten to see how valuable Title IX is that option for students can be life ch Only one participant was more on the side that opposed the policy. Broad versus narrow. Perceptions of the policy are then further broken down in the broad versus narrow theme. This them e related to where participants were asked to explain who they felt should be considered a responsible employee at the university. Participant s either defined the definition broadly which meant they took the view that the policy should be all inclusive or participan ts took a more narrow approach to the policy and described specific individuals who they felt should be considered responsible employees. Table 4 presents the counts for the two different views of the policy definition. Table 4 Broad Versus Narrow Note: n=20 V iews here were more mixed with slightly more participants opting for the broader For participants who instead opted for the narrower approach where only certain participants were include d, their thought process often centered around the have some This idea around perception and also the

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62 power with in the administration influenced the decision on who should be considered a responsible employee. For instance everyone in lecture r s recognizin g the difference in power between the groups. One category that all parti cipants pulled out separately is student employees; therefore views on inclusion of student employees under the responsible employee definition are considered separately in Table 5. Table 5 Student Employees Note: n=20 Here participants were even ly split on whether or not student employees should be considered responsible employees. When considering student employee s most participants focused on specific groups of students that came to mind such as te aching or research s considered student employees as a whole for instance, one noted that considered a responsibl again comes back to perception, power and t heir interaction with others. As on e respondent noted, student employees why not

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63 Advantages. When co nsidering the policy as a whole much of the conversation centers on potential advantages of having this policy in place. The main concept brought forth as an advantage of the policy was the promotion of awareness about issues related to sexual misconduct, resources, and the Title IX Office 6 itself. Participants fe lt having the st art somewhere and we need a constant reminder to all of us In addition to creating awareness, the policy is seen as a sort of protection for everyone invo lved. structure available for folks for when this does happen to protect not only the victim s but also the This protection extends no matter what happens and bring s a sense of comfort to individuals ; The idea of a protection also encompasses the notion of safety One participant highlighted the importance and connection between the two advantages with the policy indicating for us to share what resources are availabl e and gives us an opportunity to address issues so Disadvantages. However when considering the policy as a whole participants also commonly identified potential flaws or issues that could result from th e policy. Similar to the advantage s, participants tended to focus on two main disadvantages to the policy. 6 During the timeframe in which the research was conducted the Title IX Office was renamed the Office of Equity. However most participants still referred to it under the previous name so it will be re ferred to as the Title IX Office.

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64 Participants felt that one of the main disadvantages with the policy is mandatory reporting may lead to the sharing of information that never goes an ywhere or individuals being pulled into a process they do not want to be involved with. The aspect of obtaining information that may not be used is highlighted in the i n not we end up with It is apparent that participants may be pulled into a process they do not want to be involved with The negative aspect come s to light when considering Although an entirely different situation ano t her aspect that is seen as a disad vantage of the policy is that it may actually be a deterrence for victims. One participant indicated that en Others felt the deterrence aspect c o me s from the idea that the policy does not take into account situational aspects and instead requires all in cidents to be reported making tle bit legalistic coming from a very b Other individuals may be deterred from co ming forward because making the report engages the system and they may not what anything to be done or are afraid of the repercussion s Once the report is made under the policy and the may just choose not to share the information with anyone. One participant gave a specific the student migh t not want to tell because they feel as though this person

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65 o se to not communicate their victimization to anyone. Where is the line? Related to the policy itself it became apparent that many individuals struggle with knowing where exactly the lines around the policy are drawn. somethin g many individuals struggle with even when they are trained on or familiar with Title IX and the specific responsible employee policy. As one individual put it one of the hen individuals are aware a report needs to be made they struggle with knowing what falls into where do we draw the line so we can actually talk about and be res ponsible employees but knowing where the line is even when considering individual types of sexual misconduct such as sexual harassment ; knowing to differentiate between b ullying and sexual harassment is hard sometimes where is the line and there is a gray zone to o Knowing what falls into reportable territory and what does not is hard even for individuals who are familiar with Title IX and the poli cy as one individual explains I am pretty tuned into Title IX but even I find myself sometimes having to call and speak to someone, I am not Finding the line can be particula rly challenging for staff, departments, classes, and faculty where these kind of issues may be cover ed in the subje ct matter. It is difficult to know where it is just discussion and where it has gone to o far. For instance this can be particularly challeng ing in places where students come to share or discuss issues related to sexuality such

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66 as in the LGBTQ center. n d have different sexual experiences outside of what is considered the norm very hard to judge if something needs to be reported or not. Not knowing exactly where this line is and having to be careful not to cross it tend s to ssue of knowing where the line is comes up not only in designated centers for students but also in the classroom. As one participant pointed out or counseling programs where the purpose of the class is not to confess our own personal experience these things come up his presents a challenge where it is hard to know what is just conversation related to a class and what is something that needs to be reported ; this can be a very thin line. Lack of Awareness or Understanding The second theme present is lack of awareness or understanding. There is a perception that many indivi duals are either not aware the policy exists or even if they are aware they do not truly understand what the policy me ans. This holds true for both students and employees. All participants were specifically asked to provide their background knowledge on the policy so personal knowledge was based both on self report and an analysis of the description they provided of the policy. Individuals were considered informed if they knew there was a policy and understood the general idea. In other words they may know about the policy but have some confusion on specific details. Many participants commented specifically on their perce ption of whether or not individuals were informed or not informed about the policy and as a result counts of their perceptions are presented in Table 6.

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67 Table 6 Perception of Policy Knowledge Note: Not all participants touched on their perceptions of o employees will not equal 20. The majority of participants were familiar with the basics of the policy but felt that other individuals on campus lacked awareness of the policy. Most individuals felt th at neither students nor employees were aware of the policy. Knowing policy exists. The knowing that policy exists sub theme examines the lack of awareness that the responsible employee reporting policy even exists. Again this section address es the lack of awareness for both students and employees. Starting with employees when asked if most employees are aware of the responsible employee policy one participant know ledge of policy existence is lacking This sentiment is reiterated by the individuals who conduct the trainings This can be further illustrated through a specific training example : I go into a room and I ask folks do you know what I mean when I say responsible employee, I will be lucky if Other s singled out specific categories of employees who they felt lacked knowledge of the policy. For instan ce one participant stated I would be surprised if more than 50% of our lecture r

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68 The perception that individuals are ill informed about the policy also expands to student s The prevalent idea here is that unless students have been provided with specific knowledge about the policy through a training they will not be informed about the policy. One faculty member emphasized this indicating that at least in my expe rience a lot of been aware of it until I bring Title IX in to do a p resentation Hitting also on the idea that knowledge about Title IX as a whole might be necessary for awareness of the policy, one participant explained would know that faculty members are Another related issue is that individuals that do know about the policy do not share information because they assume others will also know or that someone else will inform individuals. For example o ne indivi to be a basic assumption and if nothing else they hear it in other class es his idea may ultimately help foster a culture w h ere knowledge of policy existence is never achieved. Understanding what it means. The second sub t heme emphasizes that individual awa re ness of the policy or Title IX does not equal understanding. Looking at Title IX as a whole, individuals may be aware that Title IX exists but they may not full y understand what it truly is about. For instance when you ask people about Title IX they think of sports which is that it covers much ithout this complete understanding they may not expect any policies to exist related to other areas. Understanding of the policy as a whole is considered in the context of even if they know they are a respon king it a step further, faculty have the idea that even if facu lty or staff understand their role as a r esponsible employee that does not

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69 necessarily translate to knowing what that really means in terms of their responsibility. If an inc Counseling Center or the Phoenix Center but ating a lack of understanding. Ano lty truly understand what they need to be doing o r what they need to be aware of; Knowledge Through Training Increasing knowledge and awareness about the policy is an ess ential first step and the best way to get the information out there is through training. Most participants emphasized if this is the policy we want to have and we want to stick to This is particularly important for all individuals not just those who may need to make reports but for all parties as anyone One participant highlighted this information about this and what it means and One faculty member hi ghlighted the importance of Title IX training for students indicating It is also important for potential reporters to by trained in how to handle these situations becaus experience or understanding folks who have been disclosed to could do more damag e tha n good and we want to create a safe and comfortable environment for victims. All part ies need to be aware of who the p olicy covers, as ma ny people do not understand its applicability As one respondent noted, idea that the sexual misconduct policy applies only to students is

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70 something that is kind of a myth W e need to he lp individuals understand this applies to the entire campus community. Increasing knowledge of resources. One of the specific areas where participants felt there should be increased knowledge through training was resources. Here it is not only important to increase knowledge of w hat resources are available but also making it clear who they are for and what they can do for individuals. The common notion was : policy goes the need to respond and as we are doing a very good job yet of getting the word out of what resources are available. For instance have been impacted duals only think about resources in terms of the victim but other parties such as reporters can certainly be a ffected as well. In addition for employees who may be in the victim role it would be beneficial for employees to know that as an employee if you enter down this pathway there are all these resources any employees on employee resources. Having employee s aware of the resources available is not only essential in case they need to use the resources but it is also important for employees to Looking at the need for education on resources more bro adly participants suggested victims based on what the victims goals are Knowing what is out there was particularly important in the

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71 suggested to increase this kn owledge along with trainin you start trying to figure out on your own and you start to try and lo ok at our sit e and look through it so having specific direction through training is essential. the without knowledge around the resources they may not be used effectively. Initial c onversation. Another big area where participa nts felt training efforts need to be concentrated to help inform individuals and make the process more effective was how to hand le the initial conversation with someone who has or is about to make a disclosure. Cur r ently in the trainings there is what is helpful, what is not helpful, how not to victim blame, how to listen and be able to to provide some context h in turn may help the m to better communicate with victims. The initial conversation with victims either before or after they make a report is crucial for maintaining victim trust; therefore it is necessary that individuals are trained in how to properly initiate the conversati go I am a mandatory report er, as ineffective As one victim explained :

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72 I think the initial conversation and communicate with the person is probably say I appreciated you sharing this with me and I appreciate that you trusted me enough to and had the courage to share because these things are not easy to share with people but here is what I am obligated to do as an employee. This puts the obligation in context helping victims to unde rstand why the requirement is in place but at the same time allowing for compassion and helps to make them feel more comfortable in the situation. So me felt that in training it might even be t they can just regurgitate creating a more comfortable situation for both the repo rter and the victim while ensuring the conversation occurs in the most effective manner. One faculty member further explained the importance of having specific language to respecting that the person is sharing this information with you, you want to do right by the Currently the all of the training efforts people have gotten more savvy about how to have these conversation s need to continue educating everyone. How to implement training to effectively educate. In orde r to achieve the desired aim of educating individuals through training it is necessary to ensure the training is being implemented in a way that conveys the material effectively. One key factor is the information cannot just be provided at on e point in time but rather should be on going. This way the g ing it back on a more repetitive cycle so tha fore front of folks minds therwise individuals tend to forget about the information or it se they are exposed to so much information. The training needs to be

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73 train in individ uals could potentially be affected by the policy. In addition to having the trainings on going the training needs to be mandatory and presented in a platform where individuals are actually engage d with and responsible for knowing the information. This was particularly important for employees and it was suggested, there was less consensus on how the training should be implement ed with s and others suggesting, s actually going to reach people to the end or just let it play in the background learn the material in this format. One faculty member referenced how a nother unive rsity handles this they go through a training every two years and have to sign off the same way we do for conflict of interest this might be a way to make individuals more responsible for actually knowing the informatio n. Despite a lack of consensus on the format for the training al l participants were in agreement about the impor tance of having some form of on going, mandatory train ing for all individuals at the u niversity. Resources The next major area that participant s concentrated on was resources. Participants felt significance to the reporting process. However necessary translate

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74 into the resources being effective. One partic ipant highlighted potential pit falls of resources its at the Counseling Center, huge waiting lists at Blue Bench and a lot of outpatient facilities counseling is expensive, there are all kinds of barrier s to victims getting services the Despite these pitfalls individual s s till see the importance of at least having resource s available on campus. Specific resources highlighted included the CARE team, Counseling Center, and the Phoenix Center. As one will often ix Center was the most prominent resource and was mentioned 32 different times during the interviews. No matter what service indiv iduals are directing victims to; most felt having resources available was a crucial component of the process. Types. Participants indicated it was important for victims to have access to different types of resources in order to address their specific need s Resources accessed by victims included both actual resource centers and accommodations and services the Title IX Office itself helps to provide. In terms of the accommodations that they do a nice job of advocating for students as far as changing classes, doing a withdrawal getting accommodations h participants found to be helpful and comforting to victims. Specifically as one participant explained for someone criminal investigation but accommodation s Victims are provided access and information about a variety of resources both on a nd off campus and can go where they feel most comfortable. For instance if they are more comfortable going to the community then

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75 we can help make those connections, give them phone numbers, locations, and make connection s g victims to seeks assistance in whatever form is best for them but still providing a sense of support. However despite having several resource s s ome individuals feel that there nee ds to be a variety of resources; I think we financial resource s there is a wid indicating the importance of thinking outside the box when directing individuals to r esources. Importance for victims. Participants stressed the importance of having resources along with the policy in order to make the process more effective for victims, even stressing Another participant ut there for people to engage is of resources to the process. When asked if resources help make people more comfortable with the process one parti student will be supported is huge worth doing resources have on views of reporting. Attention was particularly given to the importanc e of resources specifically for student vict ims. As one participant noted but also knowledge of th eir existence. Another participant had a similar sentiment indicating that for students in general what resource s they have available if they need them recognizing that not everyone will use resources but they should at least know what is out there.

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76 Participants also considered specifically what role resources played or what they are trying to achieve for victims. For instance ten asking what can we do right now to make it more palatable to you, to make you feel more comfortable, more secure around campus individual victim. Other s because the student can be will work for a particular victim. Participants also saw a connection between resources and ca n inform them about the policies so that the individual can make an informed decision process in addition to aiding the victim. Confidentiality. One particular type of resource that was seen as especially important for victims and was viewed as a necessary component in conjunction with the policy was confidential resources. Having someone t he victims could ch o ose to talk to or receive assistance from who did not have the reporting requirement and could maintain confidential rules in place where students can go to a conf idential source and talk about their the policy. Others indicated you can speak to someone informally without having it reported would be really importan to report but want to talk to somebody they can go to a confidential resource for example the eceive assistance or voice their concerns with out h aving to worry about engaging the investigative process. Looking at

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77 providing a confidential outlet for student s then the policy is positive overall, if the schoo l w as not providing that confidential showing acceptance for the policy only when alternative outlets are avai la ble. Communication Communication between all parties involved in the report ing process is an important first step. Communication helps an individual understand the process, feel more comfortable with what is going on, and provides need ed support for the victim or other individuals involved with the process. One participant gave the know what is going on and to b e kept in the loop. In terms of supporting the victim through victim that the process and individuals are there for the victims benefit. However it is not just information to them i n a really accurate way eyed properly then effective communication cannot be obtained It is equal ly import ant to know what same time recognizing that it might be hard for them to take i n all the information as the ing after the fact or giving them reexamine the communicate at a later po int if necessary.

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78 Reporting p rocess. Communication not only a ffect s the victim invo lved but rather becomes an essential component for all parties throughout the reporting process. Important communication pathways might include the reporter and the Title IX Office, the Title IX Office and the v ictim, or the reporter and the victim. Reporters often feel there has t o be more communication between them and the Title IX Office a third party that reported but I want to know what happened after involved or in the loop after the initial communication was made. Repor Title IX is the best resource because they can help me to understand is this appropriate to be reporting, should I not be reporting, and who will it go to happen through personal communication. Communicat ion to reporters can also translate into communication with the victims because as an administrator explained : When someone makes a reports we are often contacti ng them, then we walk them through what the process is going to look like so if they are still in touch with the student they can circle that back to the student and let them know what is likely to happen. For victims having this communication about what is going on is essential I f it does I am g oing to put in a report and then somebody is going to contact you in so many hours ndividuals felt this would be extremely important so victims know what is going on. Aside from understating the importance of communication, individual have to be cogniza nt of the fact that not all victims are the same where you are or w a n t to know what new every few days owever this is not the case for

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79 all individuals as b asically communication should be tailored to the victims needs. Support. Another fundame ntal aspect of communication is demonstrating support for the victim. Reporters need to understand that one o f the reasons victims might be ooking for some kind of support which may be provide d after sharing their experience. Once the incident has been pport by sharing what is available for victims. Along with this the message to victims s hould be that the goal is to support them. For instance this can be accomplished by explaining I have to got to Title IX As one participant emphasized, communicating the support is the first step in fostering this feeling. lacking they may not be awa re of the support system. The goal is to do whatever is necessary to help the victim to feel supported while communicating their options in the process sure [the victim] knows our office is here, what reso urces we can provide them and when something they are not ready for. and by communicating with them one can understand what support they need or how to assist best. One form of support that victims

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80 problems and communicating their need s to other s and having it heard makes the victim feel being heard and responding to victims needs in order to make the process feel as comfortable as possible. Role of Relationships The role of t he relationship between the par ties involved is something that can influence or change how the reporting process occurs or even prevent the process from occurring. Typically individuals focus on the role between the reporter and the victim ; however other relationship s such as the reporter and respondent 7 relationship may become relevant. One idea put forth is it is important for people to understand you c an report any sexual misconduct that occurs. The policy applies to everyone so the report can be made going to report is above you owever this concept is often something that individuals may struggle with. For victim s who cho o disclose something they are going to do it because of the person they are interacting with because they trust t h em and are really comf ortable sharing it owever, the na ture of the relationship does not just stop at sharing ; it plays a role throughout the reporting process. Relationships in r eporting. Relationship s between parties is something that influences who the victim is willing to share with, why the victim shares, and what happens after the information has been shared. Relationship s may influence who parties are willing to share with or at least the percepti 7 In this context respondent is the word used to describe the person who has allegedly committed the sexual misconduct.

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81 grad student working closely with a program assistant might be more willing to open up to y relationshi p the two individuals have based on their position. Relationship comfort level or reliability of the individual may also play a role in influencing who the victim ch o oses to share with as demonstrated by the example give n by one faculty member about her TA : I have a really good TA and she comes to class frequently and she is an age more similar to students and they have a really good rapport with her and I could absolutely see someone being more comfortable going to her instead of me. R elationship s betwee n individuals may have a bigger influence on sharing tha n the the relationships I had with those individuals demonstrating that relationship trumps policy. Not only does the relationship have an influence on sharing but it may determine what happens after the report is made. For example if the responsible employee an d the e mployee is more likely to be an advocate or a kind of voice for that person Relationships as an inhibitor to reporting. Although relationships play a large role for victims in regard to who they share information with an equally important fac tor is how relationships between different parties may influence if a report is actually made. For instance s the responding party really well ere they may struggle with how t o balance their relationships and their duties to report. The relationship tha t receives the most attention is this relationship between the reporter and the responding party, which was an issue of particular importance to faculty members. Although in theo ry the policy promotes reporting no matter who the parties are in practice however relationship s play a huge role in what gets reported and

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82 what does not. Individuals have certain comfort levels based on the role of the parties involved F without comfort levels with reporting start to change. Relationships become more complica ted depending on their role s in the university related to the potential reporter and have a huge impact on what people are will ing to report as demonstrated by one participant who explained : I fe el comfortable with students on students, maybe rank and file faculty but administrators there is no end game. If a faculty member was sexually assaulting a I cannot report because I am under the person in the political structure. A nother participant took this idea a step fur ther explaining strong hierarchies and we cannot protect against everything and the fear of retaliation runs reporting. This fear of retaliation is something that not only contributes to less reports but may also foster uncomfortable environment s and instance s people say it makes me feel weird but I am afraid I wil l get fired and the environment never changes. Title IX O ffice. One of the most significant relationships for all participants was the relationship between the participants and the Title IX Office itself. In many instance this relationship is what contributed to positive opinions about the process and the reporting policy. s been a pleasure getting to know the Title IX Office, the people Office the eff ective communication they had which fostered a positive experience and future relationship. As one participant explained :

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83 A huge part of the positive outcome had to do with the Title IX Office and the people that work there, that actually for me was at the heart of it all because I felt very comfortable calling and talking to them. Another participant expressed similar feeling s people within the Title IX Office talk to that person about the situation instead of just reporting to a general office importance of personal communication. Another aspect of the relationship that participants often highlighted was the support that members of the Tit le IX Office provided them and how this helped educate or helped them feel more comfortable about the process as a whole. That personal touch helped victims to feel more secure with the process as one victim explained about her relationship with one of th e members in the Title IX office : She related to me not only a s a person but she cared, she would call me from he r cell phone just to make sure I was okay and walked me through all the process es and told me what to fill out she basically figuratively held my hand through the process. Other victims held similar sentiments e has been one of the most amazing people to work with and collaborate wi th along the way how providing g uidance through the process made the experience more comfortable. Other participants also extremely grateful for the things I would never do on my own to help get victims through the process.

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84 Inte rnal Conflict Perhaps one of the biggest challenges or moral dilemmas created by the responsible employee policy is the internal conflict it presents where individuals want to uphold their duty to report but at the same time struggle with being required t o s hare information they feel may have been shared under the veil of confidentiality. confidentially share d with them nal struggle between what is required uncomfortable like they are ratting someone out or getting som eone in trouble they are just following the rules. One of th e parti cipants highlights this dilemma explaining that when : Someone repo r their life and is trusting me with this information that they shared and now I have to go report it. In many case s ev en though it is the proper course of action as many of the participants hey provided examples such as it feel s just a very uncomfortable situation to be in. At time s his may be especially difficult when the victim does not want the information shared with others. At the same time it is important to remember that the victim may not be the only one a ffected in the situation one student with the needs of the institution you not to share.

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85 Trust Another key aspect that comes into play with the responsible employee reporting policy is how the pol icy interacts with trust in particular with the trust of the victim. For the policy and the reporting process to be effective the victim must trust those involved and trust in the process however that is not always what happens. Trust is often related to the power a victim has and helping them to remain comfortable in the situation. For trust it is helpful to victimization as individuals typically share wit h a trusted individual who makes them feel comfortable in the first place. Another aspect of trust that is important to consider is a lack of trust. Some individuals may already not trust authority or individuals outside their community before something h appe ns or before they share their victimization and this initial lack of trust can certainly influence the entire process. For instance an example was provided about the are two groups often involved in reporting. If victims from this community already have issues with trusting authority then they may not report in the first place or if they do share their information and then it is reported when they do not want it to be this can further increase their lack of trust in the system leading to a negative outcome. Fostering trust. One of the main ideas with the policy is coming up with a way to foster trust with the individuals involved in the process. One of the ways trust can be fostered with victims is by keeping them informed with what is going on throughout the process. To

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86 help maintain victims trust particularly in a situation where both parties may have though t there was confidentiality is by hav ing a conversation a bou t what the responsibility is, why it is there and how it may help the victim In this type of situation responsible employees are outreach is made ly being honest with the victim. If the victim feel s uncomfortable with the assure you I have your highest good in mind, nothing here is going to hurt you only help you so Trust can further be established by helping the victim along the way and showing that they are supported. For instance there for them and you c are about their wellbeing. depending on the relationshi p with the victim may become an power still resides with t to them so they understand they have power in the reporting pro cess because sometimes the victims feels powerless and this gives them a sense o they have power may allow the victim to trust the system as a whole more and having trust in the people involved with the process only helps to increase the overall level of trust potentially leading to a more positive experience. Loss of trust. The other side of trust that also comes out in relation to the policy unfortunately is in some cases the experiences may actually lead to a loss of trust. Trust may

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87 be lost between the individual and the person they made the report to. When victims learn that their victimization is going to be share d expected their information to and could prevent them from getting the assistance they really need. This loss of trust is an even great er issue when the victi m was not aware that a report was going to be made as one u get a phone call you can feel very betrayed if that is the only person you told on campus you can have feelings of resentment towards otherwise been a support person. Victims may feel that not only did this result in a violation especially if they came to direct conflict with the victims goals. In other instance s where individuals become aware that someone might share information with the policy it may mean the trust the victim or the sense of a safe space. However this aspect centers not only on a loss of trust with specific individuals but also a loss of trust in the system as a whole. This mistrust could be based on either personal experiences or based on information victims have heard from others who have gone through the system. As one participant explained : Mistrust of reporting information that might be based on a previous e xperience where thought it should be, it takes one bad experience and someone is just not going to do it again.

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88 Having a previous bad experience cou ld easily foster the notion where victims say r e o ose to not report any additional incidents. Even if participants have not had a p ersonal bad experience with the system if they believe that th e system does not work then they are not goi ng to have trust in it and may cho o se to just stay silent. For instance among cho o se not to engage in th e system even though it might in fact end up being a positive experience because they have already lost trust that something positive will result. Administrator Themes The next section turns to themes specific to each of the four groups interviewed. The f irst group considered is administrators. From the interviews with five participants four themes were developed along with their related sub themes including: shaping the narrative (sub themes: awareness and accountability ), expanded training (sub theme: fo rmat for delivery ), maintaining trust, and policy and implementation improvements The prevalence of each of the themes and sub themes is shown in Table 7. Table 7 Administrator Theme Prevalence Note: The number of interviews for this group was 5. Before considering the group theme s it is important to consider the groups background knowledge of the policy. All participants had strong knowledge on what the

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89 policy is and who the policy generally applies to. This was apparent through the description of the policy F or instance generally speaking it requires responsible employees, people who advise, supervise, train, grade, oversee, students, staff or faculty are obligated to report when they know of issues rela ted to sexual comes from their role within the university, as the policy was a need to know based on their positions. All indiv iduals were in a role where they oft en needed to advise others about the policy ; therefore it is essential for them to have a strong understanding. Shaping the Narrative Shaping the narrative centers on higher level concerns regarding why the policy is in place and ultimately what purpose it serves within the organization. As one administrator which provides fundamental background for those who are unaware of why the policy exists and what purpose it serves. Along with helping people understand why the policy is in place, the policy needs to be placed in context so individuals can understand how it helps not only the individuals involved but also the university as a whole. F or instance the policy is necessary to help understand offending on campus as a whole as demonstrated in the following statement from an administrator : It is important for trending so if there is a pattern of behavior in a department or with a particular student then as a respondent, that we can respond to that more effectively because we should know theoretically all of the incidents that they are involved in that the university knows about whereas without a mandatory reporting policy we may have never k nown about it so being able to respond to those higher level concerns or looking at those patterns. By considering these bigger picture goals of the policy one starts to really get a sense of what the policy aims to achieve not only for the individuals involved in the process but rather the

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90 institution as a whole. With more knowledge around the policy a nd the why, people may be more accepting of the p olicy as a whole. Accountability. Although these big picture ideals are in place to help shape the narrative, true understanding of the policy comes from also considering accountability in terms of the policy. One of the major issues identified by administ is necessary to understand and uphold the goals of the policy. Looking at it from an fault over and or nothing will ever change. On an individual level people feel bad when they did not make a report because they d which helps comfort them but does not address the issue. However at this point the individual is now aware so in the future they will know to report an d as each person starts increasing their knowledge and holds themselve s accountable it start increasing the accountability over all. However not all individuals take th is view because nothing is done to people who do not report in part because they are difficult to identify P eople will say, individuals accountabl e they can get away with doing this. As a result of this lack of accountability the institution is current ly in g and awareness has given us a policy that in a lot of ways in impractical because we are holding people to a standard that they do not know As a result people need to be responsible for knowing about

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91 the policy and held accountable for knowing that information. Ideally they also need to be accountability for their reporting although in practicality this would be almost impossible to actually implement Awareness. Awareness is also an aspect of shaping the narrative, as the first step to achieving the desire higher level goals of the policy is to have individuals aware of the policy. Another major issue with t he policy as it stands currently is there is a general lack of awareness about the policy. The notion if a policy is in place individuals should be aware of it. This lack of awareness is apparent when considering the quantity of reports F or instance as one administrator explained, get for an institution this size tells me peopl e are not reporting and a lot of this is because people do not know ithout knowledge about the policy it may not be helping the students are really surprised w However this is not to say that all individuals on campus are unaware. There are for example work in stude nt affairs or student life, the Lynx Center Staff, and the College of Liberal Arts know the specific s they are aware they need to take some form of action. This highlights the importance of training in relation to awareness and it is evident that the trainings are

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92 increasing awareness of the policy because there is usually an increase in the number of reports after trainings. Th ere also needs to be an emphasis on the fact that everyone should be aware of the policy even if it does not supervisor today but in the course of your duties you may become responsible for someone under your direction and you may fall into would need to have knowledge of the policy. One way suggested to promote awareness to faculty and students is by requiring information about the policy on the syllabus so individuals are at least seeing and p ossible having a discussion about the policy. Expanded Training Administrators have identified training as an area that needs to be expanded to help inform individuals about the policy. On e of the key aspects of the expanded training is to get to individuals in all levels through a process termed trickle down training which is the idea of spreading the information from the top levels of the organization down into all of the different pockets allowing for training of all individuals. The idea here is to start with the plished throughout the university. At this point the goal with the expanded training is to go following up with those folks to ensure training get scheduled and also using this method to identify who should be contacted next to reach as many individuals as possible.

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93 In the end though the goal as expresse and training is key for understanding. staff, and facult d through increased training. In addition, to expanding the actual amount of training and trying to reach as many people as possible the actual information in the trainings should be expanded to help give in dividuals a better idea of the policy and the issues surround ing it. Some of the expa nding training could how to deal with disclosures s that individuals could use in a potential situation where a report is going to be made. Format for delivery. Format for delivery looks at how the trainings need to be presented in order to achieve their desired effect. The first step for effective delivery of trainings is to have participants actually showing up to the trainings and not just the people who chose to come voluntarily. Administrators feel that training needs to be mandatory with a way to track who has taken the training; otherwise several individu als will never be exposed to the material. In addition to this mandatory component trainings should be on a repetitive cycle. Policies are often subject to change and several changes have bee n made since the policy was in it i al ly implemented ; therefore this idea of repeat training is people who took the old trai n ing who are not aware of new changes, new policy language with out a complete und erstanding of the policy it can not be used effectively. The idea is that which in the grand sc h

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94 precedent s a reasonable expectation. The import ance of repetitive retroactive by increasing knowledge around the topic of sexual misconduct as a whole it could one day be more of a preventative measure. Another important component of expanded training is ensuring the participants are getting as much as possible out of the trainings. Many individuals feel the best way to learn the information is through hypotheticals or scenarios. In the current trainings a lot of hypotheticals or scenarios are used to help facilitate a better understanding this is particularly true for longer trainin because individuals can relate to the situations and are actively involved in the process. This could be taken even a s tep further by providing specific wording for responsible employees to use when in these situations. Maintaining Trust Administrators also identified the importance of maintaining trust with victims as one of the key components. The main way this is accomplished is by fostering victim support. This support then becomes a key aspect in creating trust in the system as a whol e. Victims may become upset if they learn about a report through third parties, namely having the Title IX Office reaching o ut to them when they were unaware their information had been shared. Therefore one way administrators suggested fostering trust is b y emphasizing the importance

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95 enough to have them feel like someone is ther e for them. Additionally trust may be developed when those support individuals are allow ed to remain part of the process. For instance t want that trust to end t he minute they make the This idea cent ers around the notion that there was most likely some sort of trust between the reporter and the victim before the report was made which is why the victim sought out the individual f or support and the reporting process should not get in the way of this relationship as it may be key for the victim s success Within the reporting process as well there are ways to increase victim trust such as coming up with solutions or way s to make the vict im safe right away gaining their trust for the proceeding stage whether that is some ty pe of informal resolution or an investigation. Policy and Implementation Imp rovements As with every policy there is always room for improvement. In or der for the reporting policy to be effective this needs to be recognized as a priority where people are both made aware of and held accountable to the policy. Currently there is a r ift where some individuals feel as though these issues are not a priority a believe in the values behind the policy and if the value behind the policy is protecting students on this campus then I would love to se e the University back that up with resources and prioritization This g oes hand in hand with creating an environment where the focus is on why the policy is in place so that people have a better understanding of both the policy and how to approach these issues. Having the policy in place is one step but the actual implement ation is something else that has to be considered. Two issues administrators had with policy implementation are

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96 relat ed to time frame and consistency In regard to time frame some administrators feel as though the process takes to o long. One administrator d when the process drags on its ability to be effective may be hampered. Another administrator indicated that the process works really well at the beginning where everything happens quickly but as much Other s iden tified issue s with co nsistency particularly when it comes to the outcome. The consequences for respondent s who have been found to be responsible are not always what they should be. For example the administrator explains le least some action with every situation. Faculty Reporter Themes This section considers the themes specific to faculty reporters. On many of the issues faculty r eporters showed little consensus however the dissonance within the groups revealed several critical aspects of the reporting process. These aspects are represented by the five identified themes including: how the incident came to light, complications of r eporting, what works, aftermath, and awareness through reporting. The most prevalent theme was what works as this theme was identified by all five faculty reporters and was brought up 24 times in the interviews. Awareness through reporting was the only the me that was not mentioned in every interview, however it did occur in four of the interviews and was brought up 10 times. A count of each of the themes frequencies is located in Table 8.

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97 Table 8 Faculty Reporter Theme Prevalence Note the number of interviews for this group was 5. Before turning to the individual themes identifie d it is important to develop an understanding of the background knowledge the faculty reporters have about the policy. For many of the reporting individuals knowledge of th e policy was based off exposure through meetings and trainings. These varied from short talks given to the whole department to more in depth trainings. On e faculty member explains they lea r training session give n to administrators at the university level so chairs were all invited to a trainin dean to work on the abou t the policy a ll members of this group had strong foundation al knowledge about the policy. In fact some individuals in this group had knowledge of Title IX or mandatory reporting from their o w n background based on their roles outside of the university sett ing. In addition, it is necessary to develop an understanding of how comfortable faculty members were with the process. This can be achieved by considering if faculty members would be comfortable going through the reporting process again. All five faculty reporters interviewed indicated they would be comfortable going through the process again demonstrating that faculty members are comfortable with the current process. A final consideration is whether or

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98 not faculty reporters are informing their students ab out the policy. One way to understand this is to see if faculty members are putting this information on their syllabus or having a discussion with their students in class about the policy, Table 9 show faculty responses. Table 9 Faculty Reporters I nformin g through Syllabus or Discussion Note: n=5 F rom the table it is apparent that although all faculty are comfortable with the reporting process the majority of them do not share information with their student s about the responsible employe e reporting policy either on their syllabus or in class. M ore individuals at least have some conversatio n around the policy in class tha n putting information on the syllabus. How the Incident Came to Light One i mportant area for faculty reporters was how t he incident they ended up reporting came to light. Th ere were a variety of different way s that this occurred and in many cases the fa culty members have made more tha n one report or had an incident come to light in different ways. The most common way the incidents came to light was for the reporter to hear about the incident from another em ployee and report it from there. T his was mention ed four times by faculty members. One faculty member explained this type of situation stating, aware of it I felt like I needed to do something in any situation. In other situations the incident may come to light throu gh direct observation F or instance erved the bullying and addressed

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99 only mentioned once. Another common way for the incident to come to light wa s through direct reporting. This could be an in person contact wh responsible employee or through another communication channel as one faculty member n information. Out of the five faculty members th ree explained that they had experienced situations where this occurred. In some instances the report may even come from another student although only one faculty member experienced this S wit h a friend, their friend became ve ry upset about what happened and reached out that anyone who is concerned can share information. Complications of Reporting Although there was little agreement on what the specific complications of reporting were all faculty members agreed the process could be improved and identified issues with the reporting process which will be addressed in this section. The first stage in the process where issues were identified was with making the report itself. Some individuals felt that is was not clear w hat to actually do once they had the information A s I two or three days later they get back to you n the process which in some situations could be detrimental Related to thi s is the idea that faculty felt there were issues with the reporting requirements themselves explaining that this seemed s to frustration because the mandatory reporting requirement take into account unique circumstances

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100 Another complication identified was the time frame for the entire process to be completed. Some faculty experienced incidents where the y felt the process took way to long. One faculty the incident happened at the end of April or ceeded the 60 to 90 day time frame it should occur in. This issue with the time frame could ultimately either create or heighten other potential issues such as what to do with the two parties in the mean time. Departments have to figure out how to keep the parties feeling safe while the investigation takes place, which could invo l ve keeping the parties separate This can create difficult situations particularly when it is for an extended length of time. O ne faculty member gave an ended up basically paying one person to stay home way to resolve this issue and how it can quickly turn into a mess for the department. What Wor ks Although faculty reporters felt there were issues with the reporting process, they also acknowledged there w ere several aspects that worked with the process. There was also more agreement among reporters on what worked well. One factor that reporters r eally like d was that the policy and the process allowed for an objective party to become involved in the situation who would ultimately be making the decisions about the incident. One participant e involved a third party of the local environment and puts it in a more o bjective fair er decision free of potential bias.

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101 The second major area identified as something that worked well, was the accessibility and demeanor of the Title IX Office itself. Faculty reporters expressed that the accessibility of the office and the ability to have a conversation with someone was a major strength. One quickly, they are efficient you can call them any time and they call you back in a reasonable im portance of being able to get a got them that day and was able t getting answers for the victim right away. Faculty also felt the Title IX Office maintained a respectful relationship with them which in turn made them feel more comfortable with the process. One educating her about the process along the way. A reporter who often works with the T itle IX they take me seriously and there is a mutual respect so therefore you want which in turn creates an environment where reporters feel like they would be ok ay going through the process again. Aftermath For repor ters another area of significance was the aftermath of the reporting process particularly how the process affected their relationships with victims and other students. The outcomes as a whole tended to be positive. Reporters felt it was important that outcomes could be flexible based on the victims goals and could allow the victim to remain anonymous throughout the process if they so desire d, thus making the victim feel comfortable with what was occurring and the end result. One faculty member wh o made

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102 were worked through to become positive outcomes; each one had a different scenario but they all seemed xpounding on the idea that generally t he process works well. Faculty reporters were in agreement that making a report did not change their relationship with any other students. Faculty reporters did note a change in their relationship with the victim brought on either through their own actions or just through being involved in the process al together F or the most part this was a positive change where a stronger bond n bond based on a shared experience. One faculty reporter went out of their way to foster a stronger relationship as explained in the example of how the report er handles the situation : Every couple of weeks I try to make meetings tha t are always just touching base even mentor/mentee relationship with them so some of the relationsh ips have actually strengthen ed This demonstrates how a reporter can create a relationship with the victims or have a situation where the victim is able to take away something positive. However in some situations this stronger relationship may actually go to o far where the victim become t o o dependent o dilemma for the individual who wants to keep that supportive environment for t he victim but at the same time has to draw the line somewhere. Awareness T h rough Reporting Many reporters initial ly did not have a complete or in depth understanding of the process and making a report actually increased their awareness and became an oppor tunity for them to become educated on the process. When reporting for the first time individuals are

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103 dual feel more comfortable that until you really go through the process you might not have a complete understanding of what it all really means. Another faculty reporter expressed the sentiment that : The Title IX Office was very tuned in to try and inform and educate you if you were going through the process and you are havin g to work through a number of different things I think that just having someone to guide you through it was very helpful. Faculty member s here is what is going to happen, here is what we have to do next or whatever it might be they onment where reporters could feel involved. Even when reporters are somewhat familiar with the indiv iduals o n what could be done for victims and making them more aware for the potential next incident. Trained Faculty Themes The next step is to consider the views of faculty members who have been through the training; this gro up had more consistent views tha n the faculty reporters. From the interviews four major themes were identified along with their corresponding sub themes including: perspectives of Title IX violations (sub themes: how is sexual misconduct seen and what is include d in the definition), c hallenges of training, responding to challenges ( sub themes: interactive training and style of training ), and awareness outside of training. The counts for each of the themes and sub themes are located in Table 10.

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104 Table 10 Trained Faculty Theme Prevalence Note: The number of interviews for this group was 5. Similar to consideration in previous groups it is first necessary to ascertain the group s overall background with the policy before considering the specific themes. All individuals in this group at tended at least one training related to Title IX and some individuals were exposed to several trainings. For instance one faculty member explained all meeting, I lear ned I was a mandatory reporter during new employee orientation, and I met a bunch of different resources on campus and the Phoenix Center talked about mandatory reporting t different point s from multiple sources. As a result of being exposed to at least on e tra ining individuals in this group had a detailed understanding of the policy. Some individuals also had a personal interest in the subject and conducted their own more i n depth research on the policy creating an even stronger foundation of knowledge. One reporter explained how she ound knowledge allows for a broader perspective on the issue.

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105 It is also necessary to determine how the trainings have influenced comfort levels with the policy. This can be achieved by considering if faculty members wo uld be comfortable with making a report after attending the training All five faculty members interviewed indicated they would be comfortable making a report demonstrating the effectiveness of the training Similar to faculty reporters it is necessary to determine if faculty mem bers who went through the training are informing their students about the policy. One way to understand this is to see if faculty members are putting this informati on on their syllabus or having discussion s with their students in class about the policy, Ta ble 11 shows faculty responses. Table 11 Trained Facult y Informing through Syllabus or Discussion Note: n=5 The majority of trained faculty members do not take steps to inform students about the policy through providing information about the policy on the syllabus or through in class discussion. None of the trained faculty member include information about the policy on the syllabus and only one individual has some type of discussion with the class about the policy. Perspectives of Title IX Violations The perspective of Title IX violations go es beyond just w hat individuals themselves think about the policy and instead center s more on big picture understanding. When considering Title IX violations it is necessary to consider how sexual misconduct issues are seen by society as a whole in order to fully understand perceptions. S ocietal views often help

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106 particularly in a context where responses to and reporting of sexual misconduct may be viewed in a negative light where individuals have the opinion that nothing will happen. As one participant explained, ow change as a whole might first be necessary before the policy can be most effective. In addition to understanding the current atmosphere around Title IX violation s, there also need s to be an understanding of the past history of violations. This helps to inform on why the current policies are in place and what influenced their development. For instance history of higher education has been filled with cover ups and ignoring of allegations of some way to address these issue s The result of this desire to address past indiscretions is the current mandatory reporting policy for responsible employees. How sexual misconduct is viewed. In order to properly understand perceptions it is necessary to understand how both individuals and society see sexual misconduct as a whole. Individuals often view sexual misconduct as different from your average crime and therefore understanding of reporting is different. One aspect that is different from most crime s is the gravity of the situation or it prohibits victims from coming forward because they think nothing will be done. One participant explained that often s doing something wrong but in reality this just ends up masking what is truly going one. It has created an environment

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107 society suggests and if this is how people are viewed they are not going to w a n t to report what happened. In order to make reporting mo re common or to allow the policy to be more effective the perception around sexual misconduct needs to be changed. If society or individ uals were to view sexual misconduct the same as any other crime there would not be as much question around whether or not it should be reported. Individuals who truly understand sexual idea, but in reality society might not be at that point yet. One participant gives the perfect example of why there should not be questions around reporting and how society should view this issue explain ing : I am always going to report a murd er I would not hesitate I am not going to go over and ask the family do you want me to not worry about this and a very larger part of me would like to see rape as the exact same kind of crime we report. However until society reaches this point and this notion of reporting all crime trickles down to individuals there are going to be issues with reporting even with policies in place to try and increase reporting. What is included? It is essential to have a strong foundation in what sexual misconduct really consists of in order to understand the policy. However a clear knowledge of what this consists of or what the policy is really aiming to achieve does not always exist. A s one participant explained, how then can the policy truly b e effective? If individuals are required to re port instances of sexual misconduct then it stands to reason that they should know what sexual misconduct is. The policy defines sexual misconduct but those definitions do not necessarily mean something to

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108 all individuals or individuals may have a hard tim e taking the policy language and applying it to specific incidents. Furthermore it is necessary for individuals to realize that the policy covers more tha n sexual harassment and sexual assault. These are the two areas often give n the most attention so this is what individuals automatically associate with sexual misconduct otherwise reports will not be made for incidents that should fall under the policy. Cha llenges of Training Although the obvious solution to many of these issues is to increase knowledge through training it is not that simple. There are many challenges related to training that can influence whether or not it is actually effective. One of the biggest challenges is trying to compete with all of the other information individuals are receiving or all of the other trainings on a variety of things that need up dating all the time for people that are already getting paid, this is just extra stuff I have to do I am going to breeze through this as quick as I s training actually going to be? If people are not in a mindset where they want to take in the information or care to really know about the subject then no matter how the training is designed it is not going to be effective for those individuals. This issue is particularly prevalent when employees are introduced to the information when they first start working. Fo r instance dea that unless it really starts

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109 out with the employee being passionate about the material they probably are not going to retain the information. Likewise it need s to be more in depth tha n just explaining this is the desire d level of understanding. As one participant explains, about the policy is probably not going to do much because people see that all the time and it stands out in their minds. Another challenge with training is that often times people lose interest in the material particularly if the training is too long, they cannot relate to the material, or they do not see how the material is relevant to them. One an beings we tend to become bore d, you lose attention and drift of f to thinking about papers you need to occurring does not mean this automatically translated int o more informed individuals. In addition faculty may not even want to attend or complete the training if they cannot see how it is relevant to them or relate to the information presented. The hard part then becomes getting to the people who do not really have i the challenge has always been self selection the ones who can relate to the information are the individuals that tend to show up to the trainings. owledge t becomes necessary to find ways to help people understand exactly why they need to kno w this information.

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110 Responding to Challenges Along with challenges comes the idea that there must be a way to address these challenge s and still achieve the desired end goal. One of the first ways to respond to the challenges as a whole is to make sure the trainings are applicable to all individuals. The best way to do this is by really helping people to understand why we have the policy and what goals it serves This helps them to understand why they need to take time to lear n about and be prepared to potentially engage the policy. One faculty member reiterates this goal by they need to repor t and why they should care ding people could be more likely to just neglect the information and not report situations they become aware of. Another interesting idea is the notion that people who have attended the training should become a source of knowledge for other s One faculty m ember felt that after receiving the further disperse the information and potentially reaching other individuals who have not been trained. In addition, if someone did not take away the needed information from the training if others are aware and available as an information source there is a better chance the information will eventually get reported. Interactive training. Perhaps one of the best ways to address some of the challenges presented in training such as loss of interest is by implementing interactive training. Trained faculty members felt that training is most effective when people can become involved with the training or related to the information. One way to do this is by presenting the information in multiple forms to connect with different learning types. One participant point ed out how y had videos, PowerPoints,

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111 small group discussions, and qu to the material in multiple ways. Many participants emphasized the importance of active learnin g as one individual explained I am certainly a proponent of active learning such as this is important because it gets people involved and hel ps keeps their interest. In addition it allows them to make connections or related to the material; one participant o so you ing the idea that training is more effective when it is relatable Another participant highlighted t he importance of discussion and case studies : We would break into groups and discuss how we would respond and then bringing it back to the main group. This was really important because sometimes our group would come up with an idea that sounded good but then you would learn you are actually not suppose to do that. These real world example s help participants develop a better understanding of what the policy is really trying to get at and what their responsibilities are. Other trained individuals felt that role playing was something that would be effective in trainings. Suggesting it is ing something that would be highly effect ive In essence really find ing any wa y to get people involved with the material and getting them to really think about it on a deeper level. Style of training. The specific style of the training also plays a major role in presenting the information in an effective matter while circumventing potential challenges. It is essential to create a balance between time commitment and delivery of all relevant information by finding a way to ensure the trainings are concise relevant and meaningful to all participants. One way to do this would be to ha ve trainings at different levels to address

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112 varying s and However the integrity of the training still needs to be maintained. A balance also has to be obtained between reaching as many people as possible and ensuring individuals are actually receiving the information needed. Although online training has the potential to reac h more individuals most trained faculty felt in order to ensure participants are actually receiving and learning the information it would be more effective to have small group training. One trained faculty member empha the te ndency is it through those and I think ideally it would be in relatively sm actually pay attention to the information provided. On e participant took this a step further make the t raining a very intimate setting where it would be obvious if the participant was not engaged. O thers recognized that having online trainings might provide some benefit but still stressed the need for in person training. For example one I know they do online training which is good but the in person classes are a lot better for me, I ing the importance of having the ability to connect to someone during the training. Awareness Outside of Training Although trained individual s recognized the importance of having trainings in place they also felt there were ways outside of training where awareness around the policy could be raised. Having information related to Title IX outside of specific trainings can also increase awareness o r serve as quick reminders about the policy. This would help not only spread

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113 awareness but help with keeping the information in the fore front of individuals minds and when combined with training could be the missing link. This could really take several fo rms In addition to highlighting the policy itself trained faculty suggested awareness outside of training could be a way to promote awareness of sexual misconduct as a whole. This can be accomplished through already existing activities such as the comment from one participant about high lighting ot her forms of sexual misconduct sexual assault week and I am not sure if sexual harassment is highlighted during that time or what other opportunities there would be to do that but I would like to see it Another idea related to existin workshops making small connections from different perspectives or experiences to help Stressing again the importance of finding ways for people to make connection to the information and to get involved. Victims Themes The final step is to consider the views of victims. The interviews revealed four themes: related t o the situation and knowledge about resources) story sharing, confidentiality, and outcome (sub themes: what is effective and need for improvement). 26 times in t he interviews and outcomes being mentioned 25 times. The specific counts for each of the themes and sub themes are presented in Table 12.

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114 Table 12 Victim Theme Prevalence Note: The total number of interviews for this group was 5. Before considering the themes related to victims it is first necessary to consider victims background s with the policy. Victims were not only asked to explain if they were familiar with the policy but also to explain what the policy meant in their own words and these two c omponents were used to evaluate victims understanding of the policy. In general background knowledge on the policy was very mixed for victims with some not knowing the policy was out there, some knowing it was there bu t not truly understanding it while o thers had a solid foundation on what the policy really means. The two ends of the spectrum are explored by considering the statements of two victims. basically if a faculty member hears about anything related to sexual misconduct like sexual harassment or sexual assault they are obliga showing an understanding of the policy. However an interesting notion put forth by victims, is the idea that even though they may have had a strong foundation knowledge that does not really help when going through the process. As one victims o be

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115 s keenly aware that I was awarded the same rights as an employee of the university apply the policy to oneself. Another victim expressed a similar sentiment explain ing very different to be trained in helping someone else then when you are actually going Another component to explore before turning atte ntion to the specific themes is what victims emphasized when speaking about the policy. The policy is designed specifically to help victims so it is very important to con sider their thought s The word cloud in Figure 1 illustrates the most common word s exp ressed by victims during their interviews and the bigger the word in the clou d the more prominent it was Figure 1: Victim Word Cloud

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116 The most prominent idea expressed by victims was resources emphasizing how important these are for victims. Awareness and trust were also greatly emphasized by victims. Other concepts receiving a decent amount of attention by victims were confidential, communication, accountable, deter, powerful, support, and int imidating. These ideas center on what individuals expe ct, what problems they might foresee, and how they perceive the policy. Although they were given the least amount of attention victims also expressed ideas about peace and respect. These concepts or ide as expressed by victims helped to shape the themes. Victims stressed the need for those involved with the reporting process to understand the individual needs of the victim based on their specific situation. Each victim is unique a nd will have different needs and will have their own goals for what they want to see done in their situation. What actions are taken and how the situation is handled should depend on is not personalize d to some degree it will not result in overall satisfaction and may end up not assisting the victim in the proper manner. In order to be able to make informed decisions a bout what they want to occur only know their rights but know their resources who they can and cannot talk to in regard to their situation and what they want back to who has the duty to report and who does not. Some victims may just want to talk to someone about their situation and not take any further action or engage the reporting process in which case it would be best for them to speak to confidential sources but if they are n ot aware of the resources or the policy they may take an action that does not align with their goals. This highlights one of the issues with the process where it might conflict with a

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117 participants goals taking away the effective ness as highlight ed by one victim who explained, if they are absolutely willing to go t hrough with the process which mo Related to the situation. Victims may have different goals or needs, which in turn a ffects why they are coming to someone to share information and creates a situational dynamic based on their unique motivations. The current policy does not take into account situational aspects and may there fore be a deterrence for some individuals. For some victims which case having the policy is effective and works with their end goals. Some victims are ok ay with others kn owing what happened to them and want to see action taken as one victim atmosphere w h ere the victim was ok ay with engage the process. However this is not the case for all vi because they need to get it off their chest or they need to vent about it and not necessarily because they want to proceed with any kind of legal set the policy may directly conflict w ith the victims goals. If the victim shared this information with a responsible employee it would have to be reported regardless of their wishes, which then involves them in a process they were not seeking t o be part of. This could in turn end up becoming a deterring factor for victims who now feel they cannot go and share the information with anyone because they do not want any action taken. One victim provided an t want to make a bigger deal th a n they actually think it is might not go tell anyone because they know that person is required to tell in turn prevent the victim from accessing the support they really

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118 need. Victims often do not understand that the process as a whole can be situational and just have the belief that as soon as the process starts through a report they are obligated to go as somebody wants it and you c s them to be in charge but often times victims do not understand the process is designed with that protection. Knowledge about resources. Resources play an important role for victims by facilitating a means for them to achieve their goals or ensure their needs are properly addressed. However not all victims are aware of the resources availabl e Even if they are aware of what resources are out there they might not truly understand what the different resources centers are or what the Title IX Office can do for them. The first step in helping victims address their needs is by increasing knowledge around resources, so victims know where to go when they need assistance and are aware of the different kinds of assistance they can receive. Knowing resources are available may even make the victim more comfortable with the process as a whole. As one vict awareness so students know exactly what they are getting into and know what resources are knowledge is the fi rst step to acceptance of the process. Not only do victims need to be aware of what resources are out there but they also need to be able to access resources at all times. Victims need to know what resources are available and when they are available, in order to address their current needs I f victims do not know what is out there and cannot get assistance from the resources they sought out it

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119 may intensify the issue by preventing the victim from addressing their needs and may make them not want to go any further in a system they start to see as unhelpful. One victim explained how they were unaware that a particular resource was not currently available and confused and exactly the situation that nee ds to be avoided. The ultimate goal is to help the victims and create a safe campus community I f victims cannot address their needs with resources or are left feeling powerless then the syste m in not working; t herefore the r e needs to be more information about how and where victims can get assistance at any time. Story Sharing Story sharing was an important factor for all victims but what they viewed as an acceptable way for the story to be told differ ed greatly from person to person. For the majority of victims the sharing of their story or experience was something they found to be very personal and did not want others to share. The main concern here had to do with the concern of distortion or misinformation so they preferred for the narrative to come directly from the m. These individuals were adamant that the story should only come directly from the victim. A common analogy used by victim s was the telephone game as one victim explained the story or message is completely the horse phasizing the importance of the story being shared directly from the victim. This idea of misinformation or miscommunication was emphasized by another victim, who explai ned:

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120 We are all human beings and our minds are immediately swayed when we hear informa to win the case or someone to say something and then me say the opposite and have it ey heard something different the n what I communicated Concern wi th other s sharing the victims story also centered around the reporting process itse f I confide in someone because I just want to talk, them intentionally s goals are with sharing their story. Some victims felt comfortable with someone helping to facilitate the sharing or felt comfortable with others sharing their story as long as their input was considered. Victims felt if their story was shared through another party it would be necessary for someon e to come back and get the story from them in order for them to be comfortable with the process. That way they could clear up any miscommunication or fill in details that may not have been included in the original report. Even when others are helping in the sharing process victims emphasize the importance of the story being shared based on the victims perception. O ne their mouth but to facilitate but the words have to come from that person, their own words trying to capture the victim s story so it should be based on their thoughts and experiences. Confidentiality Confidentiality was another aspect that victims gave high importance. Confidentiality for victims is twofold. On one side of the issue the focus is on the perception of confidentiality when talking to an employee. On the other side the issue centers on the importance of having people or resources available where individuals can go and have

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121 confidential conversations. For instance the issue with confidentiality with employees again centers on sharing of information where if the victim or employee is not aware of the policy they may feel the info rmation shared is confidential and then when the policy ends up coming into play it di rectly conflicts that notion. One victim expressed the problem that is the importance of knowing who you can speak to confidentially and who cannot provide confidentiality. If there is more awareness around the different groups the n individuals may not run into these situations where they think something was confidential and then find out t have to file a formal report; I know students who situations The other side of confidentiality as expressed by victims centers on the imp ortance of actually having re sources where people can go an d have those confidential conversation s and not have to worry about involving the reporting process. This is particularly important in the context of a policy where you have non confidential parties that are required to make reports. od that there are confidential and non confidential source s recognize that the two may actually work in tandem. Victims were comfortable with confidential sources recognized hey have to remain confidential; emphasizing the importance of having these options. Confidential source s can aid victims and educate them

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122 o n what options they have F or instance advice and insights on what things to do or what are my resources m from becoming part of the process if they do not want to go that route. Outcom e For victims who do become involved with the process the outcome is something of particular importance. The majority of victims experienced at least some satisfaction with the outcome of their situation and the y felt the process worked well for them. When the question was asked about how they viewed the outcome or situation to date one victim replied v Satisfaction with the outcome or th e process may center on how the victim is left feeling after the process has been completed. One victim explained, the outcome. Victims will be particularly satisfie d with the outcome if the end results or actions taken to address the findings match up with what they originally envisioned for the making me feel uncomfortable about participating any further in the situation and I feel like the outcome reflected what I would have wanted for the situation leading to a general positive outlook on the process. What is effective? In order to understand why the victims experienced a positive outcome one must consider what was effective in the reporting process that could have contributed to the positive end r esult. Something that all victims felt worked well with the process and contributed to the positive outcome was their interaction with the Title IX Office itself specifically how they were treated. Victims felt that the Title IX Office respected them

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123 and that their concerns mattered This gave them confidence in the system and allowed them to be comfortable go ing through the process. When asked what contributed to the positive e d positive first impression lasted throughout the process. Another aspect victims felt was effective was that the process and the Title IX Office focused on their specific needs in addition to conducting the invest ig ation. One participant explained h e r positive experience stating I felt like my mental health and my condition came first before my academics and everyone accepted and encouraged that and just knowing Title IX was there helped me along they had support. The positive interaction with the Title IX Office gave victims faith in the entire process, as one victim notes someone was there for them who wanted to help their situation allowed for a positive process. Need for i mprovement Although victims typically experienced a positive outcome and were pleased with how the p rocess occurred that does not mean they were sati sfied with every aspect. Victims did have suggestions on what needed to be improved with the process to make it better for others going through it in the future. One thing victims felt needed to change was the level of involvement throughout the process. V d to different based on the victims needs. Something related to invo lvement that victims felt needs to be improved was their knowledge about what w as going on during the process. Many victims wanted to be kept in the loop with what was going on during the process and some felt there was not enough communication

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124 complete the investigation or address the situation. Some victims also felt it would be better if the pro cess could move a l ittle faster, although they recognized this might be hard to accomplish feel lik e a really long time for someone just waiting to get answers.

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125 CHAPTER V DISCUSSION AND CONCLUSION This section is designed to provide a discussion on the current research project and to provide any final thoughts surrounding the topic. The discussion section considers general thoughts on the research, relates themes to one another, makes connection to the literature, explores policy implications, discusses research limitations, and provides suggestions for future research projects. The conclusion section reviews everything c overed thus far and presents any final thoughts on the research. Discussion General Thoughts The role of relationship was one of the overarching themes that explored how relationship s influenced reporting and victims comfort levels with the process. One aspect of relationships and reporting that was considered is the relationship between the victim and the respondent. This often influenced whether or not someone felt comfortable making a report. To help understand the different relationships that are possible Figure 2 shows different combinations of the victim respondent stru cture The center of the web has the victim and the outside shows the possible respondents. F igure 2: Victim and Respondent Combinations Student s Student s Staff Faculty Staff Student s Staff Faculty Faculty Student s Staff Faculty

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126 Universities consist of complex hierarchical structure, which often play a role in the reporting process. This was particularly evident for faculty members who felt uncomfortable making reports when the potential respondent was ab ove them in the struc ture. Figure 3 shows a very basic organization flow chart to help illustrate w h ere faculty member s stand in this process. Figure 3 : Organization Flow Chart

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127 This idea of a hierarchy was not only important fo r informing who faculty members will report but it was also often referenced when participants were trying to identify who they felt should be considered responsible employees. Many individuals felt the identification of responsible employees should in part be based on the amount of power they have within the organization It is also important to explore in depth notions about the policy that may be different from what was expected. In general victims were fine with the policy for themselves but thought having the policy would create problems for others. Resources ended up being a very important consideration for all participants. However it is interesting to note when asked specifically if resources had any influence on their opinions of the policy most participants indicated they did not. W hen asked if resources assisted with, were necessary for or made them feel more comfortable with the process the majority of the participants indicated they did. This demonstrates that although participants may not direct identify the influence resources have on their opinions of the policy resources did in fact end up being something that greatly influenced their opinions By understanding how those affected by these policies view them and by considering policy implications we can gain a better understanding of who the policy can assist and how we can be more responsive to issues of sexual misconduct against college students. In addition by und erstanding and increasing awareness around reporting, increased attention is brought to issues of sexual misconduct as a whole and increased awareness combined with more effective reporting could lead to changes in instances of sexual misconduct as a wh ole

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128 How Themes Related to One Another Many of the themes identified overlap or work together; therefore it is necessary to understand their connections in order to have a complete understanding. This exploration begins first with the overarching themes. To allow for more clarity the sub themes will be left out in this consideration. Figure 4 presents a web showing how the overarching themes connect to one another. Figure 4: Overarching Theme Connections The policy itself theme is really at the heart of all the connections and every theme stem of this main connection. Them es with double sided arrows influence each other. The lack of understanding or awareness of the policy leads to the need for knowledge through training. Knowledge through training may influence the important of resources for victims but at the same time the types of resources available influence what the training should look like. Internal conflict is created by the policy itself but is also influenced by the role of relationships and likewise the internal conflict influen ces how individuals handle these relationship s. Trust between individuals can be based on the role of the relationship between Policy Itself Lack of Understanding or Awareness Knowledge Through Training Internal Conflict Resources Role of Relationships Trust Communication

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129 the victim and reporting party but at the same time the role of the relationship between either the reporter and the victim or th e victim and the Title IX office can influence how much trust the participant has. Likewise communication between parities influences levels of trust as well. The amount of communication that occurs depends on the relationship between the parities but at t he same time the amount of communication can influence what the role of the relationship is. Some of the overarching themes also connect with or overlap with the t hemes present in the individual groups however the themes within the individual groups tend to shed a different or more consistent perspective then the overall themes. Many of the group themes present two sides of the same coin. For instance looking at the faculty reporting group one side of the coin is what works with reporting and the other side is complications of reporting. A similar relationship can be seen between the, what is effective and need for improvement themes in the victim group. This interconnection can also be seen within the faculty training groups where the themes, challenges of training and responding to challenges are directly connected. One often influences another. Challenges to training lead to the need to respond and the responses themselves may lead to m ore challenges so it is an ever transforming process that seeks to develop a balance between the two. Connections to Literature Although no specific literature was identified on perceptions of the Title IX responsible employee reporting policy, a few connections were i dentified relating to the domestic violence and the student perception literature. Victims of domestic violence noted the importance of resources or services in their positive opinions toward the policy. Likewise participants in the current study noted tha t it was essential for resources to be available for

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130 victims going through the process. Some participants noted that the process would not even be worth it if resources were not part of the process similar to how victims of domestic violence identified res ources as the main reason they were willing to go through the process. Victims of domestic violence who were against the policy felt having the policy would be a deterrence for victims to get help Similarly one of the main disadvantages identified with t he responsible employee reporting policy is that participants felt if victims were aware of the policy they would be less likely to report. Related to this, victims of domestic violence also feared potential retaliation from the perpetrators. By the same t oken one of the concerns expressed in the current study was that victims might not report because they fear retaliation. Interestingly fear of retaliation in the current study was not limit ed just to victims, fear of retaliation was something that responsible employees also worried about and was found to be one of the main reasons that faculty may cho o se not to report. Alth ough not considering an actual policy the Mancini ( 2016) study focuse d on perceptions of a hypothetical mandatory reporting policy and found that in general there was support for the policy. Likewise the current study found that a majority of participants supported the responsible employee reporting policy. In fact the perc entage of support for the two policies were very similar in Mancini ( 2016 ) study 66% of participants either supported or strongly supported the policy and in the current research 65% of participants supported the policy. In the Mancini ( 2016 ) study, parti cipants felt that the policy would increase their own reporting but would decrease others reporting. Although not specifically considering reporting habits it is interesting to note that victims felt they were fine with the policy but that others would not be.

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131 Policy Implications The current research has unveiled several policy implications. Many of these implications were touched on in both the overarching and individual groups themes but will be explo red in more detail in this section. In addition to the broa der policy implications outlined here, individuals from each group provided specific examples of issues they had with the process or suggestions for improvements, which were shared with the Title I X Coordinator for consideration and possible implementation A complete list of the issues and suggestions can be found in Appendix I. The number one implication from the research is that there is a general lack of awareness or understanding of the policy in both the student and the employee populations. This in turn means that there is a great need for more training for all individuals on campus. Participants in all groups strongly emphasized the importance of having more training around not only the resp onsible employee policy itself, but also sexual misconduct and Title IX as a whole. Several suggestions were put forth about how to effectively implement these trainings however the general consensus is that the training needs to be on going and mandatory f or all individuals in the campus community. The next take away from the research centers on resources. The general accord here is that resources are indispensable. However there does need to be some improvement with resources. Again this reflects back on the first implication of the need for more training w h ere individuals feel that there needs to be more information and knowledge out there about resource s Resources are only effective if individuals know they are available and know how to access them. In addition, there is always room for improvements with the actual resources

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132 th emselves either through increasing the services provided or improving their accessibility to individuals in need. Another area where it is suggest ed that improvements could be m ade is in communication. This encompasses increased communication b etween all parities who are involved with the reporting process. Reporters would like to see increased communication they are kept out of t he loop they cannot be of assistance to the process. Communication between all parties and victims is perhaps the most important take away when it comes to the policy. Communication is necessary to support the victims, make them feel comfortable throughout the process, and to build their trust. The overall goal of the policy is to assist victims; therefore, it is necessary to make them as comfortable with the process as possible so any way that communication can be increased to foster great er trust in the s ystem should be pursued. Related to communication facul ty members felt that they need to have access to materials that would be able to provide them with more direction about what to do when someone makes a report to them. This could be accomplished by ha ving a list that provides information on where and how to make a report so they can easily engag e the process. In addition, faculty members felt it would be useful to have information on what resources are available for victims so if the victim is in need of immediate assistance they can know where to direct them. Some even felt that is would be helpful for them to have a sheet with specific wording they should use when someone disclosed to them to relieve some of the pressure and to ensure they are saying things that are helpful and not accidently aggravating the situation. Something else to take away is the influence hierarchies have on the reporting process. Although it is not easy to do away with the hierarchies themselves there are ways to

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133 address some of the concerns that they present. One of the biggest concerns is that the organization al structure may prevent people from reporting certain incidents, which ultimately contradict the entire purpose of the mandatory reporting policy. The first step to address these concerns is to actually ensure all individuals are aware that the policy applies to everyone on campus, as several individuals believe the policy only applies to students. The next step would be to spread the word that retal iation will not be tolerated to help foster an environment where individuals would be more comfortable with reporting individuals above them in the structure without having to fear repercussions. Although this sounds like an easy task it would probably tak e a long time to actually accomplish because in a sense it involves changing the culture, which is never an easy process. Limitations No resea rch is perfect, and this study is no exception. The research is based off a relatively small sample. In addition, the participants in the study had several unique characteristics that may have made their views different from other s in their respective groups. Therefore the findings cannot be more widely generalized. Nonetheless, given the exploratory nature of the wo rk, important information was gleaned as it fills a gap in the literature and provides one of the first looks into an unexplored topic. Future Research The current study just barely scratches the surface when it comes to this rel atively unexplored topic leaving room for multiple future studies. Researchers could conduct studies with larger samples of the four groups considered in the current research project. This would allow for a more in depth understanding of t he views of each of the groups and would p rovide more generalizable resu lts. Researchers might also expand upon the current study by

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134 conducting interviews with students faculty, or administrators from multiple universities to create a more generalizable picture of their views of the policies or p erhaps to shed light on a difference in opinion at different types of universities. In addition comparisons could be made between different groups of students to see if any differences exist depending on the characteristic of the group. For instance res earcher s might compare the views of victims and non victims about the policies or they might compare the views of victims who experienced different types of sexual misconduct. Researchers could a lso compare the views of victims, faculty, or administrators from different cultures or background s or compare the views of English and Non English speaking victims. Researchers might also conduct a study and compare the views of male and female students, victims, faculty, or admin i strators Researchers c ould also consider investigating the views of other individuals with in the university. For instance while conducting the current research it was brought to the researcher s attention that it would be important to r esearch staff as they are also a ffected by this pol icy, particularly those who are associated with student affairs. The next set of potential research projects stems from looking specifically at sampling methods or additional ideas to consider F uture researchers could even have some type of snowball sampl ing for instance w h ere one participant informs the research er of another participant who should be interviewed to get the full picture of what is going on. For instance if role s switched (cha ir of a department) and more tha n one faculty member was involved in the reporting process they might be able to provide another valuable piece of information. Also researchers could focus on how the kind of misconduct experienced a f fects the opinion of the policy. It appears this has an i nfluence on whether peo ple think the

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135 incident needs to be reported or not. Finally researchers might conduct a longitudinal study to see if victims views change at different stage of the reporting pro cess or to see how victims feel about the reporting process a year after the c ompletion of the reporting process. Conclu sion Sexual misconduct against college students is something that is constantly highlighted in the media and different measures are put in place to try and address the many issues surrounding sexual misconduct. In order to attempt to address some of the reporting issues surrounding sexual misconduct and to ensure they remain in compl iance with Title IX many colleges have implemented mandatory reporting provision for responsible employees. These policies require responsible employees to report any know n instances of sexual misconduct to the Title IX coordinator regardless ishes Resear che r s have examined prevalence of sexual misconduct and reporting rates for college campuses, explored the meaning of Title IX, studied mandatory reporting policies, analyzed the intersection of manda tory reporting and Title IX, and investigat policies. The current research sought to expand the current knowledge by exploring what victims, faculty, and admin i strators think about the responsi ble employee policies. This wa s accomplished through in depth int erviews with participants using a series of open ended questions to guide the discussion on mandatory reporting policies for responsible employees. The researcher used careful consideration on decisions regarding sampling, data collection plan, human subje ct concerns, measure s to be included, and the analysis plan while considering the pros and cons of these ch oices. The current research look s into a relatively unexplored topic providing some of the first knowledge on the subject. Eight overarching

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136 themes and their sub themes were identified and explored in detail. Themes and sub th e mes for each of the individual groups were then considered. The role of relationships and institutional hierarchies was explored. Connections between individual overarching them es were explored along with connection between the current study and the literature. Several policy implications were identified along with suggestions on how to improving the reporting process. There are however some limitations to the current research an d the limitation s combined with the fact that the little exploration of the topic has been conducted provide a plethora of ideas for future research on the topic.

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137 REFERENCES Ainsworth, F. (2002). Mandatory reporting of child abuse and neglect: Does it really make a difference. Child & Family Social Work, 7(1), 57 63. doi:10.1046/j.1365 2206.2002.00228x Antle, B., Barbee, A., Yankeelov, P., & Bledsoe, L. (2010). A qualitative evaluation of the effects of mandatory reporting of domestic violence on victims and their children. Journal of Family Social Work, 13(1), 56 73. doi:10.1080/10522150903468065 o college ca mpus sexual assault investigations: Safe Campus Act includes mandatory reporting requirements The Wall Street Journal. Retrieved from: http://www.wsj.com Berg, B.L. (2004). Qualitative research methods for the social scie nces (5 th ed.). Boston, MA: Pearson Education. Bernard, H.R., & Ryan, G.W. (2010). Analyzing qualitative data systematic approaches. Los Angeles, CA: Sage Publications. Bidwell, A. (2015, February 19). Mandatory reporting hinders fight against sexual assault, critics say. U.S. News and World Report. Retrieved from: http://www.usnews.com Bledsoe L.K., Yankeelov, P.A., Barbee, A.P., & Antle, B.F. (2004). Understanding the impact of intimate partner violence mandatory reporting law. Violence Against Women, 10(5), 534 560. doi:10.1177/1077801204264354 Block, J.A. (2012). Prompt and equitable explained how to craft a Title IX complaint sexual harassment policy and why it matters. College Student Affai rs Journal, 30(2), 61 71. Retrieved from: http://www.sacsa.org/page/CSAJ Cantalupo, N.C. (2014). Institution specific victimization surveys: Addressing legal and practical disincentives to gender based violence reporting on college campuses. Trauma, Violence, & Abuse, 15(3), 227 241. doi:10.1177/1524838014521323 Clark, A.E., & Pino, A.L. (2016). We believe you: Survivors of campus sexual assault speak o ut. New York, NY: Henry Holt and Company. Crenshaw, W.B., Crenshaw, L.M., & Lichtenberg, J .W. (1995). When educators confront child abuse: An analysis of the decision to report. Child Abuse & Neglect, 19(9), 1095 1113. doi: 10.1016/0145 2134(95)00071 F Creswell, J.W. (2013) Qualitative inquiry & research design: Choosing among the five approac hes. Los Angeles, CA: Sage Publications

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138 Davis v. Monroe Cnty. Bd. of Educ., 526 U.S. 629 (1999) Deamicis, C. (2013, May 20). Which matters more: Reporting assault or respecting a The Atlantic. Retrieved from: http://www.theatlantic.com Fisher, B.S., Daigle L.E., & Cullen, F.T. (2010). Unsafe in the ivory tower. Los Angeles, CA: Sage Publications. Fisher, B.S., Daigle, L.E., Cullen, F.T., & Turner, M.G. (2003). Reporting sexual victimization to the police and others: Results from a natio nal level study of college women. Criminal Justice and Behavior, 30(1), 6 38. doi:10.1177/0093854802239161 Flaherty, E. (2015). Practical issues and challenges for physicians reporting suspected child maltreatment. In B. Mathews & D.C. Bross (Eds.), Manda tory reporting laws and identification of severe child abuse and neglect (pp. 3 25) Houton, Netherlands: Springer Netherlands. Fusilier, M., & Penrod, C. (2015). University employee sexual harassment policies. Employee Responsibilities and Rights Journal, 27, 47 60. doi:10.1007/s10672 014 9255 0 violence screening and mandatory reporting. A merican Journal of Preventative Medicine, 19(4), 279 285. Retrieved from: http://www.ajpmonline.org Golden, E. (2015). Neglect: Should there be mandatory reporting. In B. Mathews & D.C. Bross (Eds.), Mandatory reporting laws and identification of severe child abuse and neglect (pp. 3 25) Houton, Netherlands: Springer Netherlands. Guziewicz, J. (2002). Sexual harassment preventive/protective practices at U.S. colleges and universities. College Student Affairs Journal, 21(2), 17 29. Retrieved fr om: http://www.sacsa.org/page/CSAJ Koss, M.P., Wilgus, J.K., & Williamsen, K.M. (2014). Campus sexual misconduct: Restorative justice approaches to enhance compliance with Title IX guidance. Tra u ma, Violence, & Abuse, 15(3), 242 257. doi: 10.1177/1524838014521500 Krebs, P.C., Lindquist, C.H., Warner, T.D., Fisher, B.S., & Martin, S.L. (2014). There is serious problem with sexual assault on college campuses. In A. Hiber (Ed.) Sexual Violence (pp. 35 42). Farmington Hil ls, MI: Greenhaven Press. The Western Journal of Medicine, 171(2), 199. Retrieved from: http://www.ncbi.nlm.nih.gov/pmc/journals/183/

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139 Mancini, C., Pickett, J.T., Call, C., & Roche, S.P. ( 2016). Mandatory reporting in higher assault. Criminal Justice Review, 41(2), 219 235. doi:10.1177/0734016816634787 Mathews, B. (2015). Mandatory reporting laws: Their origi n, nature, and development over time. In B. Mathews & D.C. Bross (Eds.), Mandatory reporting laws and identification of severe child abuse and neglect (pp. 3 25) Houton, Netherlands: Springer Netherlands. Maxfield, M.G., & Babbie, E.R. (2011) Research met hods for criminal justice and criminology. Belmont, CA: Wadsworth Cengage Learning. Mullen, M. (2009). Title IX has increased opportunities for young women. In C. Bily (Ed.) (pp. 119 124). Farmington Hills, MI: Greenhaven Press. Neuendor f, K.A. (2017). The content analysis guidebook (2 nd ed.). Los Angeles, CA: Sage Publications. Parkinson, P. (2015). Mandatory reporting of child sexual abuse by religious leaders. In B. Mathews & D.C. Bross (Eds.), Mandatory re porting laws and identific ation of severe child abuse and neglect (pp. 3 25) Houton, Netherlands: Springer Netherlands. Pryal, K.R.G. (2016). What are your reporting duties under Title IX. Women in Higher Education, 25(4), 7. doi: 10.1002/whe.20300 Richards, E.P. (2015). The historical background for mandatory reporting laws in public health. In B. Mathews & D.C. Bross (Eds.), Mandatory reporting laws and identification of severe child abuse and neglect (pp. 3 25) Houton, Netherlands: Springer Nether lands. Rennison, C.M (2017, March). Toward an improved understanding of estimates of sexual violence against college students. Paper presented at the meet of Academy of Criminal Justice Sciences, Kansas City, MO Rennison, C. M., Kaukin en, K., & Meade, C. (2017 ) The Extent, Nature, and Dynamics of Sexual Violence against College Women. In C. Kaukinen, M. H. Miller, & R. Powers (Eds.), Addressing and Preventing Violence Against Women on College Campuses. Philadelphia PA : Temple Publishing. Rodriguez, M.A., McLoughlin, E., Nah, G., & Campbell, J.C. (2001). Mandatory reporting of domestic violence injuries to the police: What do emergency department patients think. The Journal of the American Medical Association, 265(5), 580 583. doi:10.1001/j ama.286.5.580.

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140 Sabel, M.R., Danis, F., Mauzy, D.L., & Gallagher, S.K. (2006). Barriers to reporting sexual assault for women and men: Perspectives of college students. Journal of American College Health, 55(3), 157 162. Retrieved from: http://www.tandfon line.com/toc/vach20/current Sachs, C.J., Peek, C., Baraff, L.J., & Hasselblad, V. (1998). Failure of mandatory domestic violence reporting law to increase medical facility referral to police. Annals of Emergency Medicine, 31(4), 488 494. doi:10.1016/S0196 0644(98)70259 8 Saldaa, J. (2015). Thinking Qualitatively: Methods of Mind. Los Angeles, CA: Sage Publications. Shapiro, J. (2014). Colleges Insufficiently respond to college sexual assaults. In A. Hiber (Ed.) Sexual Violence (pp. 124 130). Farmington Hills, MI: Greenhaven Press. of mandatory intervention laws. Violence Against Women, 6(12), 1384 1402. doi: 10.1177/1077801200006012005 Sokolow, B. (2013). Mandatory reporting for Title IX: Keep it simple. The Chronicle of Higher Education, 60(4). Retrieved from: http://www.chronicle.com Strauss, A.L. (1987). Qualitative analysis for social scientists. New York, NY: Cambridge University P ress. domestic violence and sexual assault by medical professionals. AFFILIA, 20(3), 346 361. doi:10.1177/0886109905277611 The United States Department of Justice (200 1) Federal Coordination and compliance section: Questions and answers regarding Title IX procedural requirements. Retrieved from: https://www.justice.gov/crt/federal coordination and compliance section 152 Title IX Education Amendments of 1972, 20 USC §16 81 (2012). Triplett, M.R. (2012). Sexual assault on college campuses: Seeking the appropriate balance between due process and victim protection. Duke Law Journal, 62(2), 487 527. Retrieved from: http://dlj.law.duke.edu U.S. Department of Education Office for Civil Rights. (2001). Revised sexual harassment guidance: Harassment of students by school employees, other students, or third parties. Retrieved from: http://www2.ed.gov/about/offices/list/ocr/docs/shguide.pdf U.S. Department of Educati on Office for Civil Rights (2011a). Dear college l etter. Retrieved from: http://www2.ed.gov/about/offices/list/ocr/letters/colleague 201104.pdf

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141 U.S. Department of Educati on Office for Civil Rights. (2011b.) Fact s heet. Retrieved fr om: http://www2.ed.gov/about/offices/list/ocr/docs/dcl factsheet 201104.html U.S. Department of Educati on Office for Civil Rights. (2011c). Know your rights: Title IX prohibits sexual harassment and sexual violence where you go to school. Retrieved from: http://www2.ed.gov/about/offices/list/ocr/docs/title ix rights 201104.pdf U.S. Department of Educati on Office for Civil Rights (2015a). Title IX and sex d iscrimination. Retrieved from: http://www2.ed.gov/about/offices/list/ocr/docs/tix_dis.html U.S. De partment of Educati on Office for Civil Rights. (2015b) Title IX resources guide. Retrieved from: https://www.justice.gov/crt/federal coordination and compliance section 152 University of Colorado Board of Regents. (2015). Law of regents a rticle 10: Nondi scrimination. Retrieved from: http://www.cu.edu/regents/laws and policies/regent laws/article 10 nondiscrimination University of Colorado Denver, Office of Equity. (2016a). Administrative policy: Nondiscrimination policy. Retrieved from: http://cudenverequity.org/wp content/uploads/2016/05/Nondiscrimination Policy.pdf University of Colorado Denver, Office of Equity. (2016b). Administrative policy statement: Sexual misconduct. Retrieved from: http://cudenverequity.org/wp content/uploads/20 16/05/Sexual Misconduct Policy.pdf University of Colorado Denver, Office of Equity. (2016c). After a sexual assault. Retrieved from: http://cudenverequity.org/after a sexual assault/ University of Colorado Denver, Office of Equity. (2016d). CU Denver res ources Retrieved from: http://cudenverequity.org/resources/ University of Colorado Denver, Office of Equity. (2016e). Know your Title IX: Respect at CU Denver| Anschutz Medical Campus. Retrieved from: http://www.ucdenver.edu/policy/TitleIX/Pages/Know%20Y our%20IX.aspx# University of Colorado Denver, Office of Equity. (2016f). Title IX and Nondiscrimination. Retrieved from: http://www.ucdenver.edu/policy/TitleIX/Pages/Nondiscrimination.aspx University of Colorado Denver, Office of Equity. (2016g). Title IX FAQs. Retrieved from: http://www.ucdenver.edu/policy/TitleIX/Lists/AccordionTabs%20List121/Accordion. aspx

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142 University of Colorado Denver, Office of Equity. (2016h). Title IX Resources Flyer. Retrieved from: http://www.ucdenver.edu/policy/TitleIX/Documents/Pamphlet.pdf Veidlinger, R.L. (2016). Title IX: Role of sexual assault nurse examiners in campus sexual assault proceedings. The Journal for Nurse Practitioners, 12(2), 113 119. doi: 10.1016/j.nurpra.2015.0 9.002 Ward Smith, P. (2014). Title IX: Implications for health care providers. Urologic Nursing Journal, 34(6), 269. Retrieved from: https://www.suna.org/unj Wies, J.R. (2015). Title IX and the state of campus sexual violence in the United States: Power, policy and local bodies. Human Organization, 74(3), 276 286. doi:10.17730/0018 7259 74.3.276 Wilson, R. (2014). When a student confides a rape should a professor have to report it. The Chronicle of Higher Education, 61(11). Retrieved from: http://www.chr onicle.com

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143 APPENDIX A Informed Consent Form University of Colorado Denver Principal Investigator: Jessica Rosenthal COMIRB No: 16 2246 An Exploration of Responsible Employee Policies on College Campuses as Directed by Title IX: What Do Victims, Faculty, and Administrators Really Think About the Policy? ___________________________________________________________________________ You are being asked to be a member of a research study. This form provides you with information about the study. The principal investigator will answer all of your questions about the study. Please read the information below and ask questions about anything you do not understand before deciding whether or not to take part in the study. About the Stu dy Many institutions have responded to guidelines set forth under Title IX by creating mandatory reporting policies, which require all responsible employees to report any information they have about an instance of sexual misconduct to the Title IX office e ven if it The views of students and in particular the views of students who have been victims of sexual misconduct are virtually unknown. In addition research has n ot explored the views of faculty members or administrators who are also affected by the responsible employee policies. This research explores the views of students who were victims of sexual misconduct in regard to the responsible employee policy. The rese arch also strives to understand the perspectives of faculty members who have gone through the reporting process, faculty members who have gone through the training, and the views of administrators who work with victims of sexual misconduct. The research al so seeks to develop an understanding of how opinions about the responsible employee policy are influenced by the services available to victims. The research also seeks to identify any policy implications. Research will be conducted through in depth intervi ews with participants from a university in Denver, Colorado. Interviews will last approximately 45 minutes. The Title IX office will provide demographic information on the student participants. Demographic information about the faculty and administrators w ill be obtained from a questionnaire. All demographic information will only be present in aggregate form and will not be tied to any individuals or to the interviews. Voluntary Participation The choice of whether to participate in this study is completel y up to you. Your participation is completely voluntary, and refusal to participate will involve no penalty to you. If you decide to participate in the study, you have the right to withdraw your consent or discontinue participation at any time. You also ha ve the right to refuse to answer any question you do not wish to answer. The alternative to the study is simply to not participate. You will not be paid to be in the study and it will not cost you anything to be in the study.

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144 Confidentiality All of your an swers and comments are confidential. Your responses to interview questions will be protected according to professional standards established by the Institutional Review Board at the University of Colorado Denver. The information you provide will only be re ported in aggre g ate form. Access to raw data is limited to the researcher and graduate student working on this project. The data will be securely stored for a three year time period only. Benefits and Risk Although you may not directly benefit from compl eting this interview, this research will provide you with the opportunity to present your perspectives and opinions about the mandatory reporting policies for responsible employees and the services provided to victims of sexual misconduct. The minimum risk s to you as a participant may include feelings of discomfort regarding any particular interview question. Researcher Contact Information If you have any questions or concerns about the research study, please contact Jessica Rosenthal by phone (303) 946 31 22 or email: jessica.2.rosenthal@ucdenver.edu. If you have any questions about your rights as a participant, you may contact the Human Subjects Research Committee Administrator, 1201 Larimer St., Denver, CO, 80210, at (303) 724 1055. Thank you for your support, Jessica Rosenthal, Principal Investigator Callie Rennison, Ph.D. You do not need to sign this consent form instead verbal consent may be given, however if you wish to sign a copy of the consent form you may do so and if you chose to sign, a copy of the signed consent form will be provided to you.

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145 APPENDIX B An Ex ploration of Responsible Employee Policies on Colleg e Campuses as Directed by Title IX: What Do Victims Faculty, and Administrators Really Think About the Policy? About the Study Many institutions have responded to guidelines set forth under Title IX by creating mandatory reporting policies, which require all responsible employees to report any information they have about an instance of sexual misconduct to the Titl e IX office even if it The views of students and in particular the views of students who have been victims of sexual misconduct are virtually unknown. In addition r esearch has not explored the views of faculty members or administrators who are also affected by the responsible employee policies. This research explores the views of students who were victims of sexual misconduct in regard to the responsible employee pol icy. The research also strives to understand the perspectives of faculty members who have gone through the reporting process, faculty members who have gone through the training and the views of administrators who work with victims of sexual misconduct. Th e research also seeks to develop an understanding of how opinions about the responsible employee policy are influenced by the services available to victims. The research also seeks to identify any policy implications. Research will be conducted through in depth interviews with participants from a university in Denver, Colorado. Interviews will last approximately 45 minutes. The Title IX office will provide demographic information on the student participants Demographic information about the faculty and adm inistrators will be obtained from a questionnaire. All demographic information will only be present in aggregate form and will not be tied to any individuals or to the interviews. Sample Questions 1. What are y our thoughts about having the responsible emplo yee policy in place? 2. Does the availability of resources provided have any influence on your opinions of the mandatory reporting policy? About the Researcher I, Jessica Rosenthal, am a graduate student in the Criminal Justice Masters program at the Univer sity of Colorado Denver working on my thesis. I completed my undergraduate degree in Criminal Justice and Criminology at Metropolitan State University of Denver. As a student myself I feel understanding and addressing sexual misconduct on college campuses is something that it absolutely necessary. In particular I think it is important to develop an understanding from the view of the people who are directly affected by any policies in place. Through my research I hope to promote awareness of this important t opic, to share the views of those affected by the policy, and to understand any recommendations or changes that might help better serve victims in the future. Contact Information Jessica Rosenthal Phone Number: (303) 946 3122 Email Address: jessica.2.rosenthal@ucdenver.edu COMIRB Number: 16 2246

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146 APPENDIX C Demographic Questionnaire 1. Which option below best describes your race? a. American Indian or Alaska Native b. Asian or Asia American c. Black or African American d. Native Hawaiian or Other Pacific Islander e. White f. Alternative of multiple categories, please specify: ________________________________________ 2. Are you Hispanic, Chicano/a, Mexican/a, Lation/a, Cuban, Puerto Rican, South American o r Spanish origin? a. Yes b. No 3. What is your age in years? ____________________ 4. Gender identity; choose all that apply. a. Agender b. Androgyne c. Demingender d. Genderqueer or gender fluid e. Man f. Questioning or unsure g. Trans man h. Trans Woman i. Woman j. Additional gender category/identity please specify: _________________________________________ k. Prefer not to disclose 5. How many years have you been employed with CU Denver? _____________________________ 6. For faculty members what is your rank and status? a. Tenured/ Tenure Track b. Clinical c. Instructor d. Alternative category please specify: __________________________________________

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147 APPENDIX D Administrator Interview Protocol 1. Do you know what the responsible employee policy related to sexual misconduct entails? a. If so how did you find out about the responsible employee policy? i. Can you describe the policy to me? b. The responsible employee policy as defined for the purpose of this study is responsible employee who witnesses or recei ves information regarding any possible sexual misconduct is required to promptly report to the Title IX Coordinator or designee all known details about the alleged sexual misconduct including: (1) Name of the alleged victim; (2) Name of alleged perpetra tor; (3) Name of any alleged witnesses; and (4) Any other relevant facts, including the date, time and specific location of Responsible employee : Means any employee who: (1) has the authority to hire, promote, discipli ne, evaluate, grade, formally advise or direct faculty, staff or students; (2) has the authority to take action to redress sexual misconduct ; and/or (3) has been given the duty of reporting incidents of sexual violence or any other misconduct by students t o the Title IX Coordinator. This definition does not include any medical, mental health, counseling or ombuds office personnel, in addition to any other offices covered by a statutory privilege or designated in campus procedures as not subject to mandatory 2. Based on your experience you do feel most employees know about the responsible employee policy? 3. What are your thoughts on having the responsible employee policy in place? a. Do you support or oppose the policy? b. Will it incr them from sharing? c. What are the positives and negatives of the policy?

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148 d. university? i. E.g. Students, Staff, Faculty e. Do you feel responsible employees uphold their duty and report to the Title IX 4. Are there any changes you feel need to be made to the responsible employee policy? 5. Does the availability of resources ava ilable to victims have any influence on your opinion of the responsible employee policy? 6. Based on your experience working with victims of sexual misconduct what do you think goes well with the reporting process? 7. Based on your experience working with vict ims of sexual misconduct what typically goes wrong or does not does work well with the reporting process? 8. Are there any changes that you think need to be made to the reporting process as a whole? 9. Is there anything else you want to share or thin k I should know ?

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149 APPENDIX E Faculty Who Have Gone Through the Reporting Process Interview Protocol 1. How did you find out about the responsible employee policy? 2. Do you include information about being a responsible employee on your syllabus or have a discussion about this role at the beginning of class? a. If no, why not? 3. What are your thoughts on having the responsible employee policy in place? a. Do you support or oppose the policy? b. ences or prevent them from sharing? c. What are the positives and negatives of the policy? d. university? i. E.g. Students, Staff, Faculty 4. Are there any changes you feel need to be made to the responsible employee policy? 5. Does the availability of resources available to victims have any influence on your opinion of the responsible employee policy? 6. How did the incident you reported come to light? 7. What did you do after you found out about the victimization? a. Did you refer the victim to any resources other than the Title IX office? 8. What was the aftermath? a. Did it change your relationship with the victim? b. Did it change your relationship with other students? c. Would you feel comfortable going thr ough the reporting process again?

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150 9. Did the responsible employee policy and the reporting process work well? a. If so what do you think contributed to the positive outcome? b. If not what factors do you feel need to be changed with the process? 10. Is there any thing else you want to share or think I should know?

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151 APPENDIX F Faculty Who Have Gone Through Training Interview Protocol 1. When and how did you first find out about the responsible employee policy? 2. Do you think most employees are aware of the responsible employee policy? 3. Do you include information about being a responsible employee on your syllabus or have a discussion about this role at the beginning of class? a. If no, why not? 4. What are your thoughts on having the responsible employee policy in place? a. Do you support or oppose the policy? b. them from sharing? c. What are the positives and negatives of the policy? d. Who do you feel should be university? i. E.g. Students, Faculty, Staff e. Do you feel responsible employees will uphold their duty and report to the 5. Are there any changes you f eel need to be made to the responsible employee policy? 6. Are you aware that students, staff, and faculty have access to victim advocates and confidential sources who can speak to victims who do not have a requirement to report als o know n ? a. Does knowing this have any impact on or change your views about the responsible employee policy? 7. Does the availability of resources available to victims have any influence on your opinion of the responsible employee policy? 8. What types of train ing or guidance have you received around responsible employee reporting?

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152 9. Did you feel the training you received provided you with valuable information and helped inform and prepare you to deal with issues related to the responsible employee policy? a. If so can you explain what you found to be the most beneficial. b. If not can you explain what changes need to be made? 10. Would you feel comfortable making a report to the Title IX office if a student came to you about an instance of sexual misconduct? a. If yes does your opinion change any if the student does not want the incident reported? b. Would you prefer to have an option where you could provide victims with information on resources available to them both confidential a non confidential and allow them to make the decision about reporting? 11. Is there anything else you want to share or think I should know?

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153 APPENDIX G Interview Protocol 1. in regard to instances of sexual misconduct? a. If so were you aware of the requirements before or after you proceeded through the reporting process? i. Can you describe the policy to me? b. The responsible employee policy as defined for the purpose of this study is Any faculty or staff member who is considered a responsible employee who witnesses or receives information regarding any possible sexual misconduct is required to promptly repo rt to the Title IX Coordinator or designee all known details about the alleged sexual misconduct including: (1) Name of the alleged victim; (2) Name of alleged perpetrator; (3) Name of any alleged witnesses; and (4) Any other relevant facts, including the date, time and specific location of Responsible employee : Means any employee who: (1) has the authority to hire, promote, discipline, evaluate, grade, formally advise or direct faculty, staff or students; (2) has th e authority to take action to redress sexual misconduct ; and/or (3) has been given the duty of reporting incidents of sexual violence or any other misconduct by students to the Title IX Coordinator. This definition does not include any medical, mental health, counseling or ombuds office personnel, in addition to any other offices covered by a statutory privilege or designated in campus procedures as not subject to mandatory reporting to the university. 2. What are y our thoughts about having the responsi ble employee policy in place? a. Do you support or oppose the policy? b. Will or prevent them from sharing ? c. What are the positives and negatives of the policy?

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154 d. Would you want someone else telling your story/reporting to officials without your permission? i. Why or why not? e. Who do y ou feel should be considered a at the university ? i. E.g. Students, faculty, staff? f. Do you feel responsible employees will uphold their duty and report to the Title IX coordinator even when it goes against a victims wishes? 3. Were you aware there are individuals on campuses that you can speak to, who do not have a requirement to report ? a. Does knowing this hav e an im pact on or chang e your views about the responsible employee policy? 4. Are there any changes that you feel need to be made to the responsible employee policy? 5. Were you advised by the person you made the initial report to of the services available to victims of sexual misconduct? a. If so d id you feel the services available covered all of your needs or are there any additional services you feel the school needed to provide? b. If not do you think it would have been valuable to have someone explain to y ou what services were available? 6. campus? a. If so what types of assistance or services did you access? i. W ere you satisfied with the services provided ? b. If not were there any barriers that prevented you from seeking assistance? 7. Does the availability of resources provided have any influence on your opi nions of the responsible employee policy?

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155 8. W ere you satisfied with the way your case was reported and out come of your situation to date ? a. If so what cont ributed to the positive outcome? b. If not what factors do you feel need to be change d with the process? 9. Is there anything else you want to share or think I should know?

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156 APPENDIX H Resources for Students, Faculty and Staff of University of Colorado Denver Confidential Campus Resources 1. The Phoenix Center at Auraria a. 24/7 Helpline: (303) 556 2255 b. Office Phone number: (303) 556 6011 c. Email address: info@thepca.org d. Location : Tivoli Student Union, Suite 259 2. CU Denver Student and Community Counseling Center a. Emergency After Hours for CU Denver Students (303) 352 4455 b. Phone number: (303) 556 4372 c. Location: Tivoli 454 3. The Ombuds Office Downtown a. Phone number: (303) 315 0046 b. Email addresses: melissa.connell@ucdenver.edu or lisa.neale@ucdenver.edu c. Location: Lawrence Street Center, Suite 1003 Non Confidential Campus Resources 1. Auraria Police Department a. Phone number: (303) 556 500 b. Location: Administrative Building, Suite 110 2. Campus Assessment Response and Evaluation (CARE) Team a. Phone number: (303) 556 2444 b. Email address: shareaconcern@ucdenver.edu 3. Dean of Students Office a. Phone Number (303) 556 2444 b. Email address: DeanOfStudents@ucdenver.edu c. Location: Tivoli 227 4. Student Cond uct and Community Standards a. Phone number: (303) 556 2444 b. Location: Tivoli, Suite 227

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157 5. LGBTQ Student Resource Center a. Phone number: (303) 556 633 b. Email address: info@glbtss.org c. Location: Tivoli, Suite 213 6. Veteran Student Services a. Phone number: (303) 556 2630 or (303) 556 2745 b. Email Address: ovss@ucdenver.edu c. Location: Tivoli Suite, 124 Community Resources 1. The Blue Bench a. 24/7 Phone number: (303) 322 7273 2. SafeHouse Denver a. 24/7 Phone number: (303) 318 7273 3. Denver Police Non Emergency a. (720) 913 2000 4. The Center For Trauma & Resilience a. Phone number: (303) 894 800 5. Survivors Organizing for Liberation a. 24/7 Hotline: 1 888 557 441 6. The Office of Civil Rights Denver Regional Office a. Phone number: 1(800) 368 1019 7. Colorado Crisis Services a. Phone number: 1(80 0) 493 8255 8. Colorado Legal Services a. Phone number: (303) 866 9366 b. Email address: coloradolegalservices.org/lawhelp

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158 APPENDIX I Identified Issues and Suggestions on Improving the Responsible Employee Policy and the Reporting Process Administrators Office of Equity 1. A big concern presented here is the lack of knowledge of the policy in the general faculty/staff populations. People are not reporting because they do not know. a. So of course the proposed remedy is more training. Whether it is in the form o f some required online course or in person training with a lot of examples and descriptions on what it really means. i. In relation to this having some way to track who has done the training and who has not so they know whom to focus on. ii. Also having the train ing on a more consistent basis instead of just once when the facility first start ed to help provide a refresher and to provide a forum for letting people know about any updates to the policies. iii. Their needs to be some way to hold people accountable or requ ire them to complete the training so everyone is exposed to the material. iv. It might even be helpful or possible to have a whole training session that is dedicated to and just focuses on reporting so it can really go into detail on what needs to be reported, how to report, how to receive and handle those concerns and other items of this nature. 2. Another issue is with who is considered a responsible employee. a. There are a lot of support roles like the LGBTQ center that are considered responsible employees but ar e in more of that counseling type of role and are considered safe spaces to share information but then they have to turn around and make reports. 3. Having more clarification for people as to what the responsible employee policy really means in basic languag e that they can understand or relate to. This goes back to the trainings having examples and ways people can really grasp what the policy is really about. 4. Another key issue is timing with completing the process in an efficient manner. The front end steps s eem to get done right away but the back end takes longer and frustrate people. a. investigators are assigned to every case allowing for the process to be more efficient, creating a s ort of internal check and balance system, and allowing for conversation/sharing of ideas about the case without having to explain the whole thing before receiving feedback. LGBTQ Center 1. Number one request/important factor for improving would be more traini ng surround Title IX as a whole for their Center. In addition, more training around responsible employee policy and just some more clarification on what it all means. Maybe even setting some specific guidelines for the Center.

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159 2. Another concern is lack of k nowledge about the policy. The focus here was not so much on the lack of knowledge on the part of the responsible parties but rather on the behalf of the students. Both with the students not knowing about or understanding the policy and with the students n ot really understanding what information they have to provide to the Office of Equity and what happens with the information they provide. 3. about sexuality but at the sam e time being responsible employees and having to report incidents they hear about. The main concerns here were with creating trust issues with the LGBTQ population or preventing conversations with their students. Phoenix Center 1. Training should be provided for everyone: staff, faculty, and students. a. It should be more than just a one time training. b. There should also be mandated prevention education. c. It is important to make sure adjunct faculty are included in the trainings. d. It would be helpful to provide facu lty with explicit language they should be using in these situations so they can just regurgitate it. i. Such as language they should be using when someone starts to disclose and after someone has disclosed. 2. It would be helpful for faculty to put information o n their syllabuses about the policy to create more awareness. 3. All individuals who work in the Title IX office should have training or knowledge around behavioral health. 4. Legal should not be involved with the reporting process. 5. There is some concern in this department about the Title IX coordinator not being full time, which is leading to worries that these issues are no longer a priority. a. It would be helpful to emphasize to them that this is still something that is highly valued. Faculty Training 1. More knowledge surrounding the responsible employee policy and the sexual misconduct policy, as a whole is needed. a. People need to be aware that they are responsible employees, and need clarification that this policy applies to everyone not just students. b. People need to have a clearer picture of what sexual misconduct really is so they know what they need to be reporting. i. M ore emphasis on the fact that includes categories other than just sexual assault. c. There needs to be more awareness of what resources are avail able to victims and more clarification on what the resources do. d. It might be helpful to integrate this information into other presentations or training to help people make connection which might help them understand or remember it better. e. It would be helpf ul to have more information on the reporting process as a whole so individuals understand why their report is important and what happens with the information after it has been reported. f. With the training it helps to stress the importance of the topic and t o indicate that this is related to and part of their job.

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160 g. The training should be done in small groups to be most effective. 2. It would be helpful to have some kind of handbook or information sheet that has all the numbers to call or websites to go to so it is easy reference for faculty allowing them to get the information to the proper source timely and without being frustrated about not knowing who to give it to. a. Along with this it is important to help explain the difference between the CARE team and what s hould be reported to them versus what needs to be reported to the Office of Equity. 3. It would be helpful to have some type of flyer with specific wording that should be uses such as things to say or things not to say if someone does disclose. 4. It would be he lpful to encourage individuals who have taking the training to go back and share the information with their departments to increase overall awareness and letting them know there is someone in their department who is familiar with what to do that they can t alk to if they are not sure. 5. Trainings should be in different levels to fit different types of knowledge. a. For instance having training for individuals who have no knowledge of the policy and then having a separate more advanced training for those who just need a refresher. b. Making sure all trainings are interactive with a lot of examples to help people really solidify the concepts. 6. It would be helpful for the school or deans to require information about the policy to be placed in the syllabus; this would cre ate more awareness for multiple populations on campus. 7. Getting the information through other resources aside from trainings. For instance through social media, having slogans, and even buttons to just have quick reminders about the information. 8. It should b e made clear that retaliation is not acceptable and that everything possible is being done to prevent it. a. Along with this sharing the protections for whistle blowers. b. This will help particularly university employee to be more willing to report about facult y faculty, staff staff issues. Faculty Reporting 1. There are issues with the timeframe the entire process takes. a. Or at least there were when a faculty member was involved it took over 7 months before the process was completed. b. This creates issues with small departments who have to try and have the parties separate for the entire timeframe. 2. There needs to be more communication with faculty so they know what is going on. a. Particularly when the faculty member is the one who made the initial report. b. The communicat ion seems to be good at the front end of the process but drops off, as it gets further along. 3. There needs to be more clarification or explanation given to faculty members on where and how you are supposed to send a report. a. In addition more clarification sh ould be provided on what people really need to be reporting.

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161 4. More guidance should be provided on what faculty members should do in situations where they know another faculty member has been told about a sexual misconduct issue and that the faculty member w ill not report it. 5. There needs to be more emphasis on the fact that the policy applies to everyone and not just students and that all types of sexual misconduct should be reported regardless of who they were committed against and who committed them. a. It se ems as though faculty see this policy as only applying to situations where a student is involved. b. Emphasizing that no one is immune to or allowed to commit these types of actions. c. In addition, it would be helpful to provide guidance on what to do when the person who is committing the misconduct is above you in the h ierarchy and assuring that there will not be retaliation for making the report. 6. There needs to be more training all around on the policy. a. Students need to be trained or informed about the policy. i. The student training should really focus on what resources are available to them if needed. b. There needs to be more discussion around what to report for people in roles like counseling faculty where issues tend to come up a lot. c. It should be a mandatory Hu man Resources training fo r all employees and it should have to be redone every few years to make sure people are aware of it. i. This should include even lecturers who might teach a limited number of classes on campus. ii. This will also help provide refreshers a nd keep the issue in the d. It would be helpful to include the trainings in each of the schools individual orientations with the training geared to any problems specific to that department. 7. It would be helpful to have a statemen t about the policy on all syllabuses as a good step both for students knowing about the policy and for employees knowing and owning up to it. Victims 1. More knowledge surround the policy is needed for everyone: students, staff, and faculty. a. Perhaps this coul d be achieved through trainings, possibly even mandatory training around the issue. i. These trainings could maybe be a required online Canvas training. ii. Students feel these training would be best if they were conducted in small groups in person. b. The training should also include information about the resources available, Title IX, and some statistics to help people realize this does happen, and general information on what sexual misconduct is. c. The training needs to emphasize that these issues will be taken ser iously and needs to help combat student perception that if they reporting nothing will happen.

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162 d. that initial conversation where you have to share with the victim that you need to repo rt. i. This is most effective when is a detailed explanation, focuses on what the victims might get from it, and is sensitive to the fact the victim just shared that may have been difficult for them and is not just a blunt I am reporting or s omething where th e victim did not even know a report had been made. ii. Maybe even have a script for the responsible employees to use and be sure to emphasize that the victims can say no to the process so the victim feels like they still have power. iii. Responsible employees shou ld be directed to let the victim know the report is being made. 1. Maybe even have this written into the policy or an official directive. e. There needs to be more knowledge on what happens in the investigation or the role of the school and how they handle these issues versus what happens in the criminal justice system. 2. It would be helpful to share information about resources available no matter what, even if the victim is not in a position where they are in need of anything right now, they feel it is helpful to have the information in case they need it further down the line. 3. More knowledge on what resources are available in general would be helpful. a. For employee should be aware of what resources are available to them specifically. i. For employees letting them know particularly that there are financial resources available to them. b. Employees should be aware of what resources are available for students. i. For both of these a quick information sheet would be helpful. 4. It would also be helpful to take a look at some of the resources in place to ensure they are serving the needs of the victims. a. Some of the services the school contracts with do not work like they should. b. Make sure there are services available to victims at all times including over breaks. 5. It would be good to have some type of peer support group on campus. 6. More communication with the victims on what is going on with the process would be helpful. So not just information at the beginning and an outcome but rather keeping them posted with what is occurring through out the process. 7. Making sure the investigation talks to all the people who are concerned about the 8. More support for the people who engage the system themselves. 9. Office of Equity should have widespread authority over different offices to b e able to effect sanctions on those found responsible. 10. Make sure during the investigation that the victim is always talked to first before the respondent.

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163 11. If there is any way to make the investigation process go a little faster so victims are not up in th e air as long about what is going on. a. Perhaps having more people involved in the process or looking for ways to be more efficient. 12. Have the counseling center or Ombuds office more involved in the process. a. Someone at these locations should be able to reach out and let Title IX or someone know that the student is struggling without having to disclose the details of the issue. b. More communication between the counseling services and Title IX. 13. Use mediation more to talk through some of the less serious issues. 14. Th ere should be a place on campus in the health center where victims can go and have free medical examinations if they have been sexually assaulted.