Syracuse University: Increase Supports for Survivors Reporting to Title IX

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The Issue

There is an urgent need for greater support for survivors and especially for those who report to Title IX. I write to you as a recent alumna who was sexually assaulted during my time as an undergraduate at Syracuse University and as someone who has gone through the Title IX process. I am writing to inform you of what changes can be made from my personal experience. My goal is to not only give direct feedback, but to give direct solutions.

●       Students should not have to sacrifice their GPA and mental/physical health to try to get justice and hold a sexual predator accountable.

●      The University should appoint a legal representative for the victim before the victim must say whether they are satisfied with the investigation.

●      The University should compel professors to provide reasoning for why students are not being allowed accommodation, to explain why in relation to the syllabus that it is not feasible or flexible, and then the University must review whether the professor has unfairly denied accommodations.

●      Simply providing a date in which victims will hear the decision will help survivors through the process as they will know when to expect the news and prepare.

●      It is inappropriate and harmful to have someone who has previously worked for Fraternity And Sorority Affairs (FASA) working in the Title IX Office. 

The Office of Student Outreach and Support is a vital lifeline for survivors who need support, but there are limitations on the accommodations they can or are allowed to provide survivors. Going through the reporting process means that a victim is compelled to participate in the investigation and process which is inherently traumatic. They must listen to or read the words said by the person who assaulted them. They may deal with frequent attempts of the person who assaulted them to change the process from formal to informal. They must review all the interviews of witnesses and evidence. Reviewing the evidence is traumatic. While the University has managed to speed up the duration of the investigation and hearing, it can still last as long as two semesters (which it was, for my case). It is possible that it could even last longer for some. Students who have experienced non-consensual contact have and will struggle, and I believe this is worsened by the Title IX process. Constantly dealing with information that is triggering can leave a survivor in a perpetual state of survival mode. The preponderance of evidence is the burden placed upon the victim. This burden is in addition to the initial burden of surviving non-consensual sexual contact and taking care of themselves regarding the effect that has upon them.

Title IX is a federal law, which means that Syracuse University is unable to change the process in some ways which would be helpful to survivors. It must be emphasized that the Title IX process affects survivor’s abilities to keep up with classes, take care of themselves, and remain enrolled with the University. I have known a fellow survivor who needed and was able to take time off school for mental health reasons, as the process affected them so badly that they could not continue at school. I have known a student who dropped out entirely after her Title IX trial to focus on her mental health, as it impeded her so badly that she could not continue her education as normal. I was unable to take time off for either of the semesters of my Title IX process, which means that I found myself struggling to keep up with my investigation, schoolwork, mental health, physical health, and other responsibilities. Above all these things, students should not have to sacrifice their GPA and mental/physical health to try to get justice and hold a sexual predator accountable.

There are ways for the University to ease the burden that survivors who report must bear. Expanding the support capability of the office of Student Outreach and Support is one. Currently, any cooperation from professors regarding students needing accommodations is entirely voluntary, whether that be for attendance, extensions, or to take an Incomplete (continuing work for that class beyond the duration of a regular semester), and the deadline for that Incomplete. Currently, deadlines for Incompletes are inflexible and set by the professor. Deadlines for Incompletes should instead be set, at a minimum, after the Title IX process has concluded or for the month before the student’s graduation to allow the victim to be in an acceptable state of mind instead of working through an intense personal crisis. Currently, if a student misses an incomplete deadline, they automatically fail the class instead of receiving a grade based on how they performed in the class. This is even when they have completed the majority of work for a class and are missing only a few assignments. 

While there are reasons why some of these accommodations may not be possible for professors to allow, it is entirely up to them whether they need to have a reason to reject accommodations. Even when a representative of the office of Student Outreach and Support contacts them to confirm that the University is aware of extenuating circumstances with a significant impact on a student’s abilities, the professor can unfairly refuse for any reason, including none at all. Cooperation with accommodations for survivors is voluntary for professors. Therefore, the University should compel professors to provide reasoning for why students are not being allowed accommodation, to explain why in relation to the syllabus that it is not feasible or flexible, and then the University must review whether the professor has unfairly denied accommodations.

In addition to new supports, the University should appoint a legal representative for the victim before the victim must say whether they are satisfied with the investigation. As previously stated, reviewing the evidence of someone’s trauma is extremely difficult, and especially hard to analyze thoughtfully. As it stands now, students are only given a representative after the deadline to challenge the quality of the investigation has passed, and they have lost the ability to appeal. Unless the student has studied law, they are not equipped with the knowledge and skills to determine that for themselves. After meeting with my own representative, they concluded that the investigation was not as thorough as it should have been, and many questions that should have been asked in interviews of witnesses were not asked. In addition to that, there were people who would have been able to provide more information if they had been contacted for a witness interview. If the quality of the investigation is allowed to be reviewed by the victim with the help of their appointed representation who is educated in law, this will better equip them to get justice going into their formal hearing.

It is inappropriate and harmful to have someone who has previously worked for Fraternity and Sorority Affairs (FASA) working in the Title IX Office. Even though victims can object to being assigned a specific investigator, this does not prevent someone with a former FASA affiliation from taking actions regarding a case they are not assigned. A FASA affiliation may create a conflict of interest in prioritizing preventing the awareness of previous misconduct in Greek life than the integrity of a case. This FASA affiliated individual has held power over those in Greek life and still induces a power dynamic where witnesses may not feel comfortable sharing details of a case where they have been a participant in FASA misconduct. This FASA affiliated individual would have been someone who held them accountable in Greek life, and this may incline members of Greek life to be intimidated out of sharing information even though there is immunity for information of Greek life misconduct when it is shared for the purpose of helping a Title IX investigation. This FASA affiliated individual has a history of intimidating and berating victims and witnesses even when not assigned as an investigator for their case. Due to the reputation that this FASA affiliated individual has acquired due to their own history and actions, I know of several survivors who have shared that they would not feel comfortable going forward with a Title IX investigation if they had to face this individual in any capacity and out of fear that other investigators are like them.

After a hearing has concluded, and a survivor is waiting for the hearing officer to give their decision on whether they have found the respondent responsible, there is no expected date given to receive the decision that is given to the victim. Currently, you will be only told in the morning of the day of the decision that you should expect to receive it in the afternoon. It can worsen a survivor's mental health and leave them on edge for an indefinite amount of time. For me, it was weeks. Simply providing a date in which victims will hear the decision will help survivors through the process as they will know when to expect the news and prepare.

There is a great need for the University to provide further support to victims and expand the capabilities of the office of Student Outreach and Support. This is also supported by the 2020 Survey on Sexual and Relationship Violence created by the Chancellor’s Task Force on Sexual and Relationship Violence.

According to this survey, only 2.8% of respondents who had experienced non-consensual sexual contact reported to a Title IX Coordinator/Equal Opportunity, Inclusion, and Resolution Services. 35.6% of respondents who experienced non-consensual sexual contact responded that their reason to not tell anyone about the incident they experienced was that they had other things that needed their attention (e.g., classes, work). 55.8% of this group responded that the incident affected their emotional or mental health, 27.4% responded that the incident negatively affected their schoolwork, and 10.6% responded that it affected their physical health. 94.8% of respondents did not file a report of the incident to Title IX, Syracuse Department of Public Safety, or the Syracuse Police Department/NYS Police, or other police agency. 90.9% of these respondents did not file a formal complaint for the purpose of investigation and formal resolution through the office of Office of Student Rights and Responsibilities, Human Resources, or Academic Affairs. 

Things can be better for survivors. The University can make changes to ease the suffering and burdens of victims going through Title IX. According to my research, Syracuse University does not currently collect information regarding the retention rate of survivors who have reported to Title IX, and whether they are actively enrolled for the duration of their Title IX process, or continue to be enrolled after. Adding a section to the next Survey on Sexual and Relationship Violence for survivors who have reported and/or gone through the Title IX process, or sending an anonymous survey after the completion of the Title IX process will allow the University to better understand how it can help survivors through the process, to succeed, and to complete their education. Overall, these proposed solutions will make the reporting process more bearable for victims, and hopefully make reporting to Title IX less hostile to those who may find the courage to report their own experiences. I urge the University to adopt my proposals with the hope that people will feel more comfortable while going through the Title IX process in the pursuit of justice. 

 

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alumna survivorPetition Starteri wish to remain anonymous, but i am a survivor who has experienced the title ix process firsthand.

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