By Kinga Frąckiewicz
After a traumatic experience, seeking justice should bring solace and closure. However, for some Kalamazoo College students, the process of reporting their perpetrator has been strenuous and frustrating. Struggling with the gruelling and lengthy process, a student questions if pursuing justice through Title IX is even worth it, especially when it seems more support and assistance are offered to the alleged perpetrator.
Title IX is used as an umbrella term to protect students and faculty from sexual harassment and assault, as well as gender, sex and racial discrimination.
There is a disparity in how Title IX is regarded between faculty and students, as well as among students. “We know that there is underreporting,” said Title IX Coordinator Tanya L. Jachimiak in an interview last Thursday. “Historically it’s understandable why there wouldn’t be that trust.” Jachimiak understands why students may choose not to report due to the lengthy and complicated process.
Harper S. Schrader, a leader of a class-led Sexual Assault Support Group on campus, described common ideas students share about the Title IX policy. “I think a lot of it is performative and not actually centred around helping and supporting survivors,” she said.
“The administration doesn’t really protect the people that were assaulted. Any solutions to any of my problems were like, ‘We’ll move you out of your residence’,” said Schrader. Her sentiment reflects the growing disillusionment with the administrative response to reasonable accommodations for sexual assault incidents. Schrader conveys that she was asked to make accommodations such as moving out of her residential building.
However, Title IX requires a complex, time-consuming process in which the consequences for the alleged respondent (someone who has a Title IX filed against them) depend on the severity of the policy violation and the availability of sufficient evidence to prove the respondent’s guilt. A formal process which includes an investigation and multiple hearings, may result in formal consequences.
Danette I. Johnson, the Provost of Kalamazoo College and a person of contact for faculty regarding Title IX reporting stated the process is “really about thoroughness, support and fairness. Students cannot be expelled without a hearing and being found guilty of a policy violation.”
As a result, the Title IX process is more challenging and complex than it may seem. “That’s why we have support systems,” said Johnson. There is a wide range of support that students can receive. The Title IX coordinator can communicate with teachers and other faculty to provide students with support and extensions on projects. Additionally, on-campus therapy and a weekly sexual assault support group are available. Kalamazoo College also works closely with the YWCA Sexual Assault Program which provides further support and resources.
Despite these support systems, Schrader said, “the [re]sources are limited, and there’s not really a consensus between departments on reasonable accommodations.” She explained that The Residential Life Department and Title IX had different definitions of reasonable accommodations, such as moving the perpetrator out of the residence versus moving the victim of Title IX violations.
The issue of imposing a limit on the number of Title IX charges an individual can face sparked further debate. When asked if a cap should be created, Johnson believes there should not be a cap because “it depends on the result of the previous complaints; if they had previous complaints that were found true, then there should be more severe consequences.”
Despite promising consequences, rumours about the sports teams at Kalamazoo College having an abnormally large number of Title IXs circulate in the school. Many claim that perpetrators on sports teams don’t receive severe consequences. Erik T. Daniels, a 20-year-old member of the dive team, agreed that students who have significant Title IX violations should lose their academic scholarships. “You’re being paid to go to school here. You’re being sponsored by the school, if you’re gonna violate a school policy, they shouldn’t receive funding.” Daniels also suggested this stipulation should be included in the academic scholarship terms.
Schrader aligns with Daniels on this matter, stating; “Yeah, 100 per cent they should lose scholarship and lose their place in sports teams.”
“Even if they’re the best athlete, it doesn’t change the fact that they’re representing the school in a light. Why is the school letting it happen?” asked Daniels.
Jachimiak rebutted that the situation is not as simple because it depends on a case-by-case basis. She emphasised that it’s “not necessarily about the number but the behaviour” and the nature of the violation. The more severe the behaviour and violation, the larger the repercussions the perpetrators will have to face.
She also explained how a cap on the number of charges could have negative impacts. She used the example of a person defending themselves by saying “‘I didn’t reach that cap so you can’t expel me,’” insinuating that students may not be concerned with Title IX charges if they have not reached the cap.
Issues with Title IX are not the only problems people are facing as cultural changes have greatly impacted the outcomes of Title IX.
In an article from Time Magazine, Nicola Bedera explained how the “Trump administration redefined sexual harassment to a narrow range of actions that are ‘severe, pervasive, and objectively offensive’.” “The problem is that almost no sexual harassment is considered objectively offensive,” she said.
A student shared her worries regarding this recent change. “There’s so much protection that protects perpetrators of sexual assault,” said Sarah A. Beneteau, a freshman at Kalamazoo College.
Students and faculty have differing opinions on what the repercussions should be for violating Title IX policies. Jachimiak and Johnson have described the complexity of the process, and Beneteau has highlighted a greater societal problem: the protection sexual assault perpetrators have.
After discussing the cultural change to the Title IX process, Beneteau expressed that the process needs to be “more immediate and take action against someone who has done things.” She hopes that despite changes and complications, the Title IX process will change to aid the victim more.
“I feel like around this college especially, people think [sexual assault] doesn’t happen here because it’s a liberal arts school. Things like that still happen here,” said Daniels.
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