Why Higher Ed Sexual Assault Policies Are Not “One-Size-Fits-All”

Many colleges and universities have been taking a second look at their sexual assault response policies, and with good reason.  The United States Department of Education’s Office of Civil Rights (OCR) has been inundated with complaints under Title IX and the Clery Act, two federal laws designed to protect the rights of students who are victims of sexual assault on campus. Newsweek reports that, as of January 29, 2014, OCR had a caseload containing:

• 39 pending Title IX investigations involving allegations of sexual violence at higher education institutions,
• 23 complaints related to the Clery Act in 2013 alone, and
• eight imposed fines totaling $1.45 million.

Newsweek has also revealed that many higher education institutions may be resorting to a questionable practice from which their own students are prohibited: plagiarism.  In an effort to replicate the “best practices” of other institutions, many schools are copying others’ sexual assault policies verbatim.  Attorneys who advise colleges and universities point out that these policies must be more than just “legally sufficient;” they must be tailored to each school’s culture and needs.

An alumnus assault victim of the University of Akron, Ohio recently reported the school to OCR after suspecting policy plagiarism, among other federal violations.  She found that substantial portions of the university’s policies were copied verbatim from Miami University of Ohio.  As a result, Akron’s policy offered some options that were not available on its campus.  For instance, Akron’s policy referred to an “Office of Equity and Opportunity” that did not exist on its campus or website.  It also referenced “Appendix B” for information on victim support and resources, but no such appendix was attached to Akron’s policy document. 

This alumnus sees the policy as “misleading but partially plagiarized,” showing “that institutions are more interested in appearing to comply with the law than actually following it and helping their students.”  Experts agree: “It’s one thing to share best practices and another to just run them through the copy machine.”