Title IX Town Hall @ Ithaca College

The U.S. Department of Education issued new Title IX regulations last spring that went into effect in August. Title IX of the Education Amendments of 1972 mandate that “no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

However, the new Title IX regulations contain provisions jeopardizing students’ rights to an education free of discrimination by making the reporting process for student survivors of sexual assault and harassment even more complicated, exclusionary, and potentially harmful.

IC Strike, an on-campus activist organization at Ithaca College dedicated to addressing issues pertaining to sexual assault, sent a letter on August 3 to the Ithaca College administration in response to growing student concerns about the new regulations.

IC Strike called on Ithaca College to commit to eight practices that would ensure that the new regulations do not have a negative impact on our student body and the Ithaca community, and that Ithaca College’s Title IX policies and the judicial process continue to be student-centered. In a statement issued August 17, the Title IX office addressed six of the letter’s eight demands. The two unaddressed demands were maintaining a time limit of 60 calendar days for the completion of investigations and changing the degrees of sexual abuse to match those of New York State.

IC Strike is hosting a Town Hall on Title IX on Thursday, September 24 at 12 noon to discuss IC Strike’s letter, and how our community’s needs are going to be prioritized and addressed in light of the Department of Education’s new regulations. Panelists will include the Title IX coordinator and a Judicial Affairs representative from Ithaca College, and representatives from the Advocacy Center of Tompkins County and IC Strike.

Click here to register to attend the Town Hall and submit questions. Participants can also submit questions during the event.

Text of the IC Strike letter, addressed to the Ithaca College president, provost, and Title IX coordinator:

On May 6th, the Department of Education issued its Final Rule changing the Title IX obligations of all schools receiving federal funding. Consistent with the harmful rhetoric and anti-survivor ideology Secretary DeVos has brought to the Department, the Rule contains dangerous provisions that go against best practices, tip the scales against survivors, and jeopardize tens of thousands of students’ civil right to an education free from discrimination.

This rule will have devastating consequences for students and their families. Specifically, the rule will require schools to only investigate the most extreme forms of harassment and assault, require schools to ignore most violence that occurs off-campus, require live hearings and direct cross-examination of complainants and respondents by each of their chosen representatives, and allow needless delays in the completion of Title IX investigations. Altogether, these changes will discourage survivors from coming forward and utilizing the Title IX process at their schools, resulting in rampant sexual violence going unaddressed.

We, as students and community members, are calling on Ithaca College to uphold the civil rights of all students on campus. Multiple sections within the rule give schools discretion to choose how policies are implemented. We urge Ithaca College to commit to taking sexual violence seriously by choosing the options that would create the least harm for student survivors.

Below, we have listed our call to the University, which asks for your clear commitment to maintaining the safest and fairest policies that are legal under the Final Rule.

We, students and alumni of Ithaca College call on the University to commit to:

1. Establishing the preponderance of the evidence as the standard of evidence in all campus sexual misconduct, harassment, and discrimination cases​. Preponderance of the evidence is the only standard that values the education of both complainants and respondents equally.

2. [Maintaining/establishing] a time limit of sixty calendar days for the completion of sexual misconduct, harassment, and discrimination cases, with exceptions only for substantial extenuating circumstances.​ Lengthy investigations are emotionally taxing on survivors, often causing students to drop-out before their cases are complete. Drawn-out timelines are bad for complainants and respondents alike, leaving them uncertain of where things stand with their schools.

3. Continuing to respond promptly to reports of and carrying out existing investigations into sexual misconduct during the global health crisis. ​The new rule makes clear that Title IX processes may continue remotely in the face of the COVID-19 pandemic. The rights of student complainants and respondents alike hinge on schools maintaining their commitment to prompt and equitable investigations even during these unprecedented times.

4. Guaranteeing all students access to reasonable interim measures regardless of where or when the violence or discrimination they experienced took place. ​The serious effects of violence and discrimination merit accommodations whether a student was harmed on-campus, on a study-abroad trip, or in their private apartment.

5. Creating and following sexual misconduct procedures for investigating otherwise not covered instances of off-campus and study abroad violence. ​While the rule does not allow formal Title IX investigations of off-campus violence, schools can still create separate sexual misconduct policies that ensure students can report off-campus violence. Whether you are raped in your on-campus dorm room or in another country, having to see your rapist in the class equally interrupts your education.

6. Changing the degrees of sexual abuse to match that of ​New York State’s​.

7. Barring the use of informal resolution mechanisms including but not limited to mediation in cases of sexual assault, rape, dating, and domestic violence, and stalking that is an extension of such violence. ​It is widely agreed upon that mediation is an inappropriate and even unsafe measure in these types of situations.

8. Following the Department of Education’s rescinded ​2016 guidance​ on protecting LGBTQ+ students in order to ensure all students have equal access to a safe learning environment, regardless of gender identity or sexual orientation.

We call on the University to issue a written public statement declaring its commitment to these eight policies by AUGUST 14th​.

As dedicated members of this community, we believe in holding our institution to the highest standards. With a federal government that is failing students, it is up to institutions to assume leadership in defending our education by protecting our civil rights. We look forward to seeing Ithaca College issue its public statement in the coming days.

—By Hope Gardner

Hope Gardner is president and co-founder of IC Strike. She is a senior at Ithaca College majoring in Spanish and Culture & Communication

A Voice for Abuse Victims and Survivors

Way back in the winter of 1977, some women in Ithaca gathered in their living rooms to discuss a dire need for many in the community: how to provide assistance and support for women who were suffering violent abuse from spouses or domestic partners. An all-volunteer organization was born, called the Task Force for Battered Women, to create a network of homes willing to take in victims and their kids fleeing abusive relationships.

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Advocacy Center: Getting the word out

Four decades later, the Advocacy Center of Tompkins County, as it is now called after a 2003 name change, runs a wide range of crisis and legal services and education programs with a paid staff of more than 25 specialists as well as dozens of trained volunteers. Financial support for the nonprofit organization comes from federal, state, and local governmental grants, charitable organizations such as the United Way, and corporate and private donations. “The agency has grown a lot over the years, but we remain committed to our roots and mission of providing compassionate, trauma-informed, survivor-focused services and education for all people in our community,” said Education Director Kristi Taylor.

The Advocacy Center provides shelter as well as advocacy, support, and education services to survivors of all ages, gender identities, and sexual orientations who have been impacted by domestic violence, sexual assault, and child sexual abuse.

Since the early 1980s, the center has run a project to support victims of child sexual abuse, young people as well as adults who experienced abuse as children. Today, the center also provides confidential services, counseling, and advocacy for people experiencing emotional, physical, or sexual abuse. In 2018, some 1,300 adult and youth survivors received support from the center’s services.

Taylor emphasized how victims and survivors have helped inspire and shape the center’s mission. “I’ve been in this work for nearly 11 years and have been honored to witness the bravery and strength of folks who have been able to reach out with their experiences,” she said. “I have learned so much about how far we still have to go.”

The Advocacy Center operates a 24-hour hotline at (607) 277-5000 for immediate help, receiving about 2,000 emergency and other calls per year. The center also lists an email address (info@theadvocacycenter.org) for responding to non-urgent queries. The center’s website (www.actompkins.org) provides an extensive listing of local emergency contacts, and resources with advice about what to do in the event of sexual assault, domestic or dating violence, and child sexual abuse. The advice section includes information on how parents and friends can best support victims and survivors.

Legal services is the latest addition to the Advocacy Center’s toolkit. The center’s Civil Legal Services Program is staffed by an attorney who provides free legal presentation for abuse victims working through civil proceedings. The new program was made possible last year by a five-year, $602,346 grant from New York State’s Office of Victim Services.

Center staff members also provide information about legal options in criminal court and family court cases, assist in obtaining protection orders or emergency custody, and advocate with Child Protective Services and the Family Assessment Response Team at the Tompkins County Department of Social Services.

The center offers numerous crisis services for sexual assault victims, filling a gap after the closure of the Center for Crime Victims and Sexual Assault, originally known as Ithaca Rape Crisis.

Besides the opportunity to speak by phone to a counselor 24/7 or find support in a safe house, the center provides direct medical and legal assistance. A center staffer can accompany sexual assault victims to Cayuga Medical Center for a Sexual Assault Nurse Exam, for example. The center also provides support for court appearances, and meetings with police and the district attorney’s office. The center offers assistance in filing for financial reimbursement of expenses through the state’s Office of Victims Services.

In addition to its crisis services, the center runs education and prevention programs and survivor support groups that reach thousands of Tompkins County residents every year. It works closely with area schools and colleges to promote better understanding about issues like domestic and sexual violence. The center provides customized trainings in domestic and sexual violence to health care providers, counselors and therapists, youth workers, school staff, college staff, police, and social service providers.

Supporting young adult and teen victims is an important focus of the Advocacy Center’s mission. In addition to its array of services for all sexual assault victims, the center provides assistance in dealing with campus investigators under Title IX of the Education Amendments Act of 1972, which requires schools to probe sexual assault allegations. The center’s Campus Educator and Adult Sexual Assault Advocate co-facilitate a weekly discussion group for survivors of abuse in the basement of Ithaca College’s Muller Chapel. “While there is no one solution, we know that seeking support through advocacy, therapy, and support groups can be a great way to connect with others and explore strategies for managing the impacts of the trauma,” Taylor said.

The center stresses that teens have a legal right to call the Advocacy Center and receive ongoing assistance without their parents or guardians knowing or granting permission. Given that many teens lack easy and affordable access to transportation, center personnel will arrange meetings at confidential locations convenient for teens in need.

In 2018, the center formed ACTion, a group of teens from all over Tompkins County to fight sexual and relationship violence. In November, the activist group hosted a benefit concert to raise funds and awareness called Consent Rocks! at Ithaca High School. “Youth in our community have been doing incredible work for years in raising awareness about the issues of abuse and supporting survivors,” Taylor said. “The work of ACTion and success of the Consent Rocks! concert highlights the power and importance of youth voices in bringing the cultural change needed to end domestic and sexual violence.”

—By Meredith Nash

Meredith Nash is a senior Writing major at Ithaca College and an intern at The Sophie Fund

 

Sexual Assault Survivors and Allies

Hope Gardner, a junior at Ithaca College, found herself spiraling downward after being sexually assaulted in 2018. She could hardly eat or sleep for days. But she soon turned her personal traumatic experience into a passionate cause: to change the conversation around sexual assault on the Ithaca College campus and in the wider Ithaca community.

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Sydney Muraoka, Hope Gardner, and Sobeida Rosa

Gardner, along with the support of colleagues and encouragement of friends, established IC Strike, a student organization that seeks justice for assault survivors and provides them with tangible support. The group is on a mission to empower assault victims and break the stigma around the issue.

“I was failed by the justice system and was feeling very helpless,” Gardner said in an interview about her inspiration for launching IC Strike. “I was frustrated by the lack of resources. I felt like I needed to find some sort of action that I could do in order to continue healing, so I approached a couple of friends with my idea for this organization and was immediately met with widespread support and interest from everyone I talked to.”

Gardner is president of IC Strike. Alongside Vice President Sydney Muraoka, and Treasurer Sobeida Rosa, she is building the organization by creating a network of survivors and allies. IC Strike carried out numerous programs and fundraisers in the fall 2019 semester. It sponsored a talk by Associate Professor Paula Ioanide on alternative forms of justice for survivors of assault. On December 11, it hosted an end of semester banquet to present funds and toiletries the group collected in support of the Advocacy Center of Tompkins County, an organization that aids sexual assault and domestic violence victims.

“My goal is that IC Strike will change the narrative on campus about sexual assault survivorship and allyship, helping survivors to regain a sense of agency,” Gardner explained. “My hope is that we will create a brave space where we can challenge the status quo, the stigma, and the belief that survivors need to be quiet about their experiences.”

Gardner believes that the space created by IC Strike can be helpful for survivors as they process the trauma of their assault.

“It can affect your self-image, your ability to be intimate, and how you live your day to day life,” she said. “I was barely able to eat or sleep for days. I found myself in a downward spiral due to PTSD, anxiety, depression. The effects of assault do not go away once the attack is over, and it’s vital that we offer support and resources for survivors, helping them however we can in adjusting to their new normal.”

For Muraoka, challenging the status quo includes reforming Ithaca College’s judicial system for handling sexual assault cases according to federal law. Title IX of the Education Amendments Act of 1972 protects students from sexual harassment and violence and requires schools to handle assault allegations.

Gardner commented that many students believe the judicial system at IC is severely lacking and in turn re-traumatizing for victims while yielding few positive results. This can be extremely damaging to students’ physical and mental health, she said.

“I know people who have had to switch out of courses that are vital to their majors because the person who assaulted them was in that same class,” she said. “Not feeling safe on campus can have an incredibly negative affect on survivors’ mental and physical well-being, as well as academic performance.”

Gardner and Muraoka are hopeful. They have confidence in Linda Koenig, Ithaca College’s Title IX coordinator, who they believe goes “above and beyond” for students. They are closely watching the administration’s actions to hire a new assistant director for Judicial Affairs, who chairs Conduct Review Boards for cases of alleged sexual misconduct and serves as a member of the Title IX SHARE Advisory Committee and Policy, Procedure, and Practice Committee.

“We need someone who knows Title IX and has proper training in areas such as dealing with victims of trauma, including sexual assaults and domestic violence,” said Muraoka. “We hope to help see things improve for students that come forward in the future.

Campus rape and domestic violence cases steadily increased from 2016, according to the Ithaca College Office of Public Safety and Emergency Management’s Annual Security and Fire Safety Report released in October. Reported rape cases on campus rose from eight in 2016 and 11 in 2017 to 13 in 2018.

A 2017 Campus Climate Research Study survey of students, faculty, and staff reported that 15 percent of respondents experienced “unwanted sexual conduct,” and 3 percent experienced “unwanted sexual contact” defined as rape, assault, or fondling.

Lara Hamburger, Campus Educator at the Advocacy Center, commended IC Strike’s work.

“Groups like IC Strike create space for survivors and allies to create meaningful change on their campus and beyond,” Hamburger said. “They create an environment where folks can speak out against violence while having a real impact on their community.”

She added: “While still a very new club at Ithaca College, IC Strike has already done great work. They’ve shown their solidarity to survivors in the community by organizing a toiletries drive for the Advocacy Center, and raised funds for our organization. Groups like these have great symbolic value as well. They serve to break the silence and isolation around these issues, and take a public stand so that their classmates and colleagues know that sexual violence won’t be tolerated on their campus.”

—By Meredith Nash

Meredith Nash is a senior Writing major at Ithaca College and an intern at The Sophie Fund

Introducing the ACTion Faction!

ACTion is a group of like-minded teens from all over Tompkins County that will work together to fight sexual and relationship violence. They will collaborate to educate and enlighten their peers and the rest of the community so that they can help to keep themselves and others safe.

ACTion announcement

The ultimate goal of ACTion is to make the world a safer and more aware place. If teens are aware of the signs of relationship violence, then they will be able to recognize those signs to help themselves and hopefully others. ACTion will strive to make the teenage community in Tompkins County increasingly conscious about sexual and relationship violence and what they can do to help combat it.

Additionally, ACTion will have ambassadors to help spread the word all across Tompkins County: in their schools, on sports teams, in clubs they are involved in, etc. Members of ACTion will help with events that the Advocacy Center plans, and have the opportunity to plan, or collaborate to plan, events of their own. They will be offered the chance to work with others on projects they come up with on their own, as well as work independently on projects.

ACTion will bring teens together to work toward what they believe in. It will not only be an opportunity to inspire change in the community, but a chance to meet like-minded people and find your safe place. ACTion will give teens a place to be heard, and an opportunity to have their voices amplified. ACTion will make Tompkins County a safer, more aware place.

Our first meeting is taking place on Wednesday, September 12 from 6-7:30 p.m. at the Just Be Cause Center (1013 West State Street, Ithaca). To learn more and sign up, fill out this form.

—By Dani Copeland

Dani Copeland is a sophomore at Ithaca High School. She volunteered at the Advocacy Center during the summer of 2018 to help turn the vision of ACTion into a reality. 

This article is republished from The Advocacy Center by kind permission.

“This Would be a Nice Place for a Rape”

Sexual assault and sexual harassment are widespread occurrences at American universities and colleges. Student outrage over a case at Harvard University is spotlighting an equally disturbing problem: how some campus administrators have tolerated sexual abuse by powerful academicians, and thereby perpetuated broadly unsafe conditions for students, staff, and even junior untenured professors.

Harvard’s handling of the case of political scientist Jorge Domínguez, a leading expert in the Latin American studies field, was exposed in an important February 27 article in the Chronicle of Higher Education. The Chronicle reported on the stories of women who charged that Domínguez exercised his power as a star tenured professor over three decades to physically harass and/or pursue sexual relationships with them.

In one chilling incident, as Domínguez and Terry Karl, an untenured female professor in his Government Department, walked through a wooded campus area returning from an event, Domínguez allegedly told Karl, “This would be a nice place for a rape.”

The Chronicle reports in detail on how Domínguez’s constant advances eventually forced Karl to leave Harvard in the mid-1980s for Stanford University, where she earned tenure and served as director of the Center for Latin American Studies for more than a decade.

Karl reported the harassment to Harvard administrators, who at one point actually found Domínguez guilty of serious misconduct and imposed temporary penalties—stripping him of administrative duties. Yet, afterwards, Harvard kept promoting Domínguez—to vice provost for international affairs, and director of the prestigious Weatherhead Center for International Affairs.

According to the Chronicle, a total of 18 female professors, students, and staff members have now come forward with allegations of Domínguez’s sexual misconduct. On March 4, more than 35 years after Karl first reported Domínguez’s behavior to Harvard administrators, the university placed Domínguez on leave and announced an investigation into the allegations. On March 6—a week after the Chronicle story appeared—Domínguez resigned from Harvard, ending a 45-year career on the faculty.

Harvard President Derek Bok, and Henry Rosovsky, dean of the faculty of arts and sciences, expressed concern and sympathy for Karl, but the university’s handling of Domínguez at the time struck her as inadequate and laughable.

The Chronicle reported on how Karl’s problems at Harvard had generated serious concerns among fellow Latin American-studies scholars. In 1984, a dozen of them from various universities wrote to Bok and Rosovsky, saying they could not recommend that any of their students attend Harvard until there was “absolute assurance that they will not face undue risk of harassment.”

In his dismissive response, Rosovsky told the scholars that their letter “displays a degree of moral arrogance that is unusual even by the unfortunate standards prevailing in the academic profession. It pretends to a detailed and objective knowledge of what happened here that you plainly do not have.”

In a 1991 essay in support of Anita Hill, who accused U.S. Supreme Court nominee Clarence Thomas of sexual harassment, Karl argued that filing a sexual harassment complaint often “pits a person against an institution that is predisposed to defend the accused.” Referring to her own harassment case, without mentioning Domínguez by name, she wrote that she had felt “forced to choose between pleasing this man or losing everything I had worked for.”

As the Chronicle reported:

Karl believes Harvard administrators played down her many complaints, attempting to mollify her rather than dealing with a difficult situation head-on. Harvard refused, as some universities still do, to publicly name the person responsible. They also let him stay, and promoted him, which sent a signal that Karl believes discouraged others from coming forward. If they hadn’t done that, “then these women who experienced harassment in the 1990s and 2000s, it wouldn’t have happened, or they would have known that someone would be punished if they were harassed,” she says. “That’s the great enabling. It’s why the silence is so terrible.”

The Chronicle report on Harvard’s handling of the Domínguez case stirred immediate outrage among alumni, faculty, and students. Hundreds signed an open letter to Harvard President Drew Faust demanding that the university apologize:

When students arrive at Harvard, they are told that the university ‘is committed to maintaining a safe and healthy educational work environment’. Over the past three decades, Harvard has failed to live up to this commitment. The Chronicle has reported that at least three women informed human resources of misconduct by Jorge Dominguez. In these cases, as in others, Harvard has not kept its promise to protect those most at risk. The burden of responsibility to hold abusers accountable does not lie with the victims. It lies with those in positions of authority. We feel an apology is necessary to rebuild trust and to show that the university unequivocally supports those who come forward.

We have all been shocked by the allegations against Jorge Dominguez. Now we call on you to take bold and immediate action to address the power structures that have left junior faculty, students, and staff vulnerable to exploitation and abuse.

The signatories expressed their solidarity with Karl and other women who came forward and spoke to the Chronicle: “We respect and admire the courage it requires to share your story.”

More than 200 undergraduates led by 59 students in the Government Department wrote an angry letter to the Government faculty, calling the university administration’s failure to take appropriate action against Domínguez “reprehensible” and making a series of demands addressing the underlying problems:

We feel deeply betrayed by the fact that he was allowed to continue teaching at this university, putting students, faculty, and staff at risk for so long despite the fact that he was censured for sexual harassment thirty-five years ago.

Both Domínguez’s crimes and the department and the administration’s failure to take action for years are reprehensible. But they are also telling signs that the Government Department (and Harvard at large) are home to misogyny, rape culture, and exploitative power dynamics– problems that run much deeper than any single perpetrator of sexual or gender-based violence or any single failure to act to keep our community safe.

More than 100 Government graduate students, in their own letter to the faculty, expressed anger over the administration’s response to the Chronicle story. The letter followed a meeting between graduate students and Government Department Chair Jennifer L. Hochschild:

“We went into the meeting hoping for answers. We left disappointed, disillusioned, and, for many of us, angry. The meeting communicated a message of equivocation, powerlessness, and an unwillingness to commit to addressing this issue or instituting any significant changes within the Department.”