“This Isn't Just a Police Issue”: Tensions between Criminal Justice and University Responses to Sexual Assault among College Students

Sexual assault among college students is both a crime and a civil rights violation under U.S. federal Title IX policy, which prohibits discrimination on the basis of sex in educational institutions. The current study sought to understand the extent to which the criminal justice system influences uni...

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Bibliographic Details
Published in:American journal of community psychology Vol. 67; no. 1-2; pp. 152 - 165
Main Authors: Javorka, McKenzie, Campbell, Rebecca
Format: Journal Article
Language:English
Published: England Blackwell Science Ltd 01.03.2021
Subjects:
Accountability
Alternative approaches
Assaults
Civil rights
College sports
College students
Colleges & universities
Community psychology
Crime
Criminal investigations
Criminal justice
Criminal justice system
Discrimination
Education
Equality
Health education
Health promotion
Higher education
Interdisciplinary aspects
Mental health services
Psychology
Sex crimes
Sexual assault
Social justice
Social psychology
Social values
Title IX
Titles
Well being
Civil rights
Social justice
Higher education
Title IX
Criminal justice
Sexual assault
ISSN:0091-0562, 1573-2770, 1573-2770
Online Access:Get full text
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Summary:Sexual assault among college students is both a crime and a civil rights violation under U.S. federal Title IX policy, which prohibits discrimination on the basis of sex in educational institutions. The current study sought to understand the extent to which the criminal justice system influences university Title IX proceedings, as well as potential consequences of this influence. For this study, we conducted in‐depth qualitative interviews with a sample of 22 multidisciplinary, nationally‐recognized subject matter experts in the area of campus sexual assault response. The results indicated that criminal justice concepts and goals are indeed being conflated with and influencing university Title IX proceedings. Participants also reported that criminal investigations are often prioritized over or seen as higher quality than Title IX investigations. As a result, participants described diminished educational and civil rights protections for survivors. We discuss how the community psychology values of social justice, promoting health and well‐being, and accountability to oppressed groups can guide future efforts to reduce the spread of criminal justice influence into Title IX, improve existing Title IX proceedings, and explore alternative models of accountability beyond traditional criminal and civil approaches. Highlights This study explores the influence of the criminal justice system on university Title IX proceedings. Prioritization of criminal justice responses may limit survivors' educational and civil rights. Community psychologists can contribute to social justice‐based responses to campus sexual violence. Alternative models of accountability for campus sexual violence should be explored.
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ISSN:0091-0562
1573-2770
1573-2770
DOI:10.1002/ajcp.12448