This past May 2014, the U.S. Department of Education finalized the release under Title IX, 20 U.S.C. Sec 1681. It is stated as sexual misconduct, including sexual assaults, harassment, violence, stalking and other forms “of gender discrimination prohibited by Title IX.”
As previously mentioned under Longwood’s resource page of Title IX information, Longwood University follows the release stating under Title IX. Longwood’s policy for sexual misconduct “will not tolerate sexual misconduct in any form, whether by a stranger or by an acquaintance, whether against females or males,” as mentioned under the Office of Student Conduct and Integrity webpage.
Title IX has helped increase awareness on the issue for reporting sexual assaults and misconduct. According to a crime report update, on Sept. 13, 2014, Longwood University police responded to a student who had reported to a staff member that they had been sexually assaulted by an acquaintance. The student declined criminal prosecution at this time, and because of the recent Title IX implementations, the coordinator has now started an investigation. “Title IX was just starting to come to its own last year. Now it’s become mandatory for all universities to have this administrative process in place,” said Longwood’s Police Department, Chief Robert Beach.
It has also become mandatory for all students, faculty and staff to have understanding and training in it. As people are becoming more aware ofthis initiative and implementation, it has then become a serious issue where people will report serious incidents that occur. In addition, there is a mandatory reporting as under Title IX by staff.
“I think there will be a great increase this year,” stated Beach on incident filed reports due to the mandated reports and requirements because of the educational system covered by Title IX. The criminal investigation and process of law sets forth proof beyond reasonable doubt; however,
Title IX is an administrative requirement, under the civil law that is implemented, for colleges and universities of higher education to take necessary precautions in handling sexual misconduct in what has since been a slower approach to handling assault cases.
Though there is no rule effect or changes in law enforcement report cases, under Title IX there is an extra addition of higher education as an effort to solve problem of sexual assaults. Not just on college campuses, but also as a whole, sexual assaults can be “a very difficult thing,” said Beach. Victims of an assault can choose to sometimes not share information, making law enforcement on report cases more difficult to gather evidence in order to find the perpetrator.
“What happens is because of the stress or reluctance, people are never held accountable for their actions,” said Beach. Criminally, the police department is looking to bring justice and find the perpetrator.
Whereas, Title IX focuses on retaining and creating a safe environment for the victim under the degree of higher education. Beach described it as being “two tracks.” One side is the criminal investigation, under Longwood Police Department Policy, “any time we get word from a victim or third party individual, we open a criminal case file,” said Beach. The police department then gathers information to give the victim as many options in order to find the perpetrator.
“We had a case seven years ago [where] a young woman had been sexually assaulted 20 years ago prior,” stated Beach. The woman personally reported the case, “... to this day we haven’t been able to local perpetrator.”
Cases taken before implementations under Title IX, if a case was not taken to the criminal process, the report case was then dropped as unsolved. Title IX stated, “that cannot continue to happen,” added Beach.
Under the Department of Education, the university “should take on the responsibility of holding somebody accountable, even though it’s not a criminal charge, [to do] something to protect the victim, so the victim can feel safe to continue their education,” added Beach.
Under these new guidelines of Title IX, the educational system, by law, has to come and present reports to the Title IX coordinator, who then can begin a criminal investigation with the police department. Under this new educational policy, an investigation must begin on a sexual assault event to occur.
Unfortunately, sexual assault that occurs by a certain perpetrator is not the first time, in which it’s a crime against the commonwealth.
“In which we take those cases and carry over to a common wealth attorney,” said Beach. With Title IX, “we will open up criminal cases and do everything we can,” added Beach.
In sexual misconduct reports and cases, Title IX is under Educational law to help the survivor’s well- being, a safe environment, in order for their education to continue. Beach explains under ruling of Title IX, the Department of Education and the Police Department can have a better, open communication in report cases involving any sexual misconduct, rape or stalking cases. Beach also advises that students can also ask if a case or incident falls under Title IX.
