Why Doesn't the Bay Area Have a Pro Women's Sports Team?
Audit Finds CSU Failed to Address Some Sexual Harassment Cases on Campuses
How New Title IX Rules Could Affect California's Transgender and Nonbinary Students
Reporting Sexual Misconduct in High School Can Be Traumatic. A New Position at Berkeley Unified Aims to Help
How High School Students Launched Their Own #MeToo Movement During the Pandemic
Trump Administration Defends New Campus Sexual Assault Rules in Court
Campuses Cautious as They Adjust to New Sexual Assault Guidelines
Betsy DeVos Signals a Pullback on Campus Sex Misconduct Enforcement
UC Berkeley Students Press for Stronger Action on Sexual Assaults
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| KQED","labelTerm":{"term":33523,"site":"news"},"content":"\u003cp>Afifa Tawil works for the women’s and non-binary semi-pro ultimate frisbee team, \u003ca href=\"https://www.falconsultimate.com/\">the San Francisco Falcons\u003c/a>, and she’s noticed something: The Bay Area has a men’s pro football team, a men’s pro basketball team, a men’s pro soccer team, a men’s pro hockey team, and (at least for now) two men’s pro baseball teams.[baycuriouspodcastinfo]\u003c/p>\n\u003cp>That’s a lot of sports. But no women’s pro team!\u003c/p>\n\u003cp>So she wants to know why. “Why isn’t there a professional women’s or non-binary team in the Bay Area?” she asked.\u003c/p>\n\u003cp>Afifa thinks our area has a lot going for it: a big, outdoors-y population and progressive values that would appear supportive of women’s sports. Other places have women’s pro sports teams. Why not here?\u003c/p>\n\u003ch2>The good news first\u003c/h2>\n\u003cp>Well, first off: There is one coming. The newest team in the National Women’s Soccer League, the Bay FC, \u003ca href=\"https://www.kqed.org/news/11952128/bay-areas-first-professional-womens-soccer-team-kicks-off-with-public-launch\">held a launch event last month\u003c/a> and they are getting ready for their debut season in spring 2024.\u003c/p>\n\u003cp>But it took a long time to make that happen.\u003c/p>\n\u003cp>According to Brandi Chastain, \u003ca href=\"https://www.youtube.com/watch?v=z-A1-Rz_pks\">of World Cup fame\u003c/a>, it took almost two years to get the team off the ground. Chastain, who grew up playing on the boys team in San José, is one of four founders of the Bay FC — all of whom grew up or live in the Bay Area, and all of whom played on the U.S. national team. They said it has taken years and multiple attempts to line up investment partners, media and interest. And that interest is finally building and momentum is shifting.\u003c/p>\n\u003cp>“It has to be the right time and the right moment with the right people,” she said at the launch event.\u003c/p>\n\u003cp>The other piece of semi-good news: There actually have been women’s pro teams in the Bay Area before — from basketball to softball.\u003c/p>\n\u003cp>But the bad news: They all folded. The past attempts at women’s pro teams couldn’t survive. Which means Tawil’s question still stands. Why exactly did it take so long for the Bay Area to get this newest professional women’s team? Shouldn’t women’s sports be big here?\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003ch2>In the beginning\u003c/h2>\n\u003cp>Before professional sports — men’s or women’s — really existed in a modern form, elite women’s sports could be found throughout the Bay Area. In fact, the first collegiate women’s basketball ever played was here, between Stanford and UC Berkeley back in 1896.\u003c/p>\n\u003cfigure id=\"attachment_11956654\" class=\"wp-caption aligncenter\" style=\"max-width: 1132px\">\u003ca href=\"https://ww2.kqed.org/news/2023/07/29/why-doesnt-the-bay-area-have-a-pro-womens-sports-team/sf-call-image-1132x917/\" rel=\"attachment wp-att-11956654\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11956654\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/SF-Call-image-1132x917-1.jpeg\" alt=\"an old-fashioned drawing of women on a basketball court\" width=\"1132\" height=\"917\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/SF-Call-image-1132x917-1.jpeg 1132w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/SF-Call-image-1132x917-1-800x648.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/SF-Call-image-1132x917-1-1020x826.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/SF-Call-image-1132x917-1-160x130.jpeg 160w\" sizes=\"(max-width: 1132px) 100vw, 1132px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">An artist from The San Francisco Call captured the historic basketball game. \u003ccite>(San Francisco Call/Library of Congress)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The sport had only been invented a few years earlier and you probably wouldn’t recognize it now. Nine women played on a half-size court, wearing the athletic clothing of the day: knee-length bloomers, tall socks, and long-sleeve sweaters. Still, it was a hard-fought battle. \u003cem>The San Francisco Chronicle\u003c/em> wrote, at the time:\u003c/p>\n\u003cblockquote>\u003cp>“From the very first the game was snappy. The bewitched pigskin seemed to be everywhere and nowhere … Sometimes with a slump and a slide three girls would dive for the ball and end in an inextricable heap … In less time than it takes to read it they were all planted firmly on their two feet, flushed, perspiring … oblivious of everything except that ball.”\u003c/p>\u003c/blockquote>\n\u003cp>A crowd of 700 women cheered on the teams and, even though men weren’t allowed in the gym, many watched through the windows. Stanford won, and when they returned to campus they were greeted by crowds and the famous Stanford band.\u003c/p>\n\u003cp>There were pockets like this throughout the Bay Area during the late 1800s and early 1900s, said \u003ca href=\"https://www.csueastbay.edu/directory/profiles/kpe/libertirita.html\">Rita Liberti\u003c/a>, a professor of sports history at CSU East Bay. “Softball was huge among a range of communities across class and race and ethnicity,” she said.\u003c/p>\n\u003cp>Basketball was played in Chinatown and around San Francisco. Women’s swimming was big, especially in Santa Clara. San Francisco even had a pro co-ed roller derby team — called the Bay Bombers — who played mostly at Kezar Stadium and Cow Palace and, at one point, drew 1 million spectators a year along with television broadcasts.\u003c/p>\n\u003cp>And there was running. For example, the Dipsea Race, in Marin County, was popular for elite competitive women.\u003c/p>\n\u003cp>“From 1918 to 1922, it was really an incredible run, hundreds of participants, thousands of people watching,” said Liberti.\u003c/p>\n\u003cfigure id=\"attachment_11956841\" class=\"wp-caption aligncenter\" style=\"max-width: 920px\">\u003ca href=\"https://ww2.kqed.org/news/2023/07/29/why-doesnt-the-bay-area-have-a-pro-womens-sports-team/i/\" rel=\"attachment wp-att-11956841\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11956841\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/i.jpeg\" alt=\"an older black and white photo shows a crowd of women dressed in old-fashioned athlete gear gathered at a start line\" width=\"920\" height=\"518\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/i.jpeg 920w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/i-800x450.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/i-160x90.jpeg 160w\" sizes=\"(max-width: 920px) 100vw, 920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The Dipsea ‘Hike’ for women drew huge numbers from 1918–1922. \u003ccite>(Dipsea Race Committee)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>It was called a “\u003ca href=\"https://www.dipsea.org/news/2018-02-11-womenshikehistory.php\">hike\u003c/a>” to get around bans at the time on women running competitively. But despite that, and even wearing long skirts and boots, the winning woman in 1922 covered the mountainous 7.5-mile course in one hour and 12 minutes. It’s a time that would place her in the top quarter of athletes at this year’s race. Her “hike” was most definitely a run.\u003c/p>\n\u003cp>“We’re talking about girls and women who were kind of everyday athletes. But we’re also talking about elite athleticism, women who were really skilled,” said Liberti. “And all of this is happening in the San Francisco Bay.”\u003c/p>\n\u003cp>For decades, we \u003cem>were\u003c/em> a place for elite women’s sports. But then came the pushback.\u003c/p>\n\u003ch2>A 50-year ban\u003c/h2>\n\u003cp>Every time women found a place for elite athleticism in the first half of the century, there came periodic backlash. Just a few years after that first basketball game, Stanford put an end to all intercollegiate women’s sports for fear of the stress on women’s bodies. A conservative wave then pushed across the country starting in the 1920s, seen across all aspects of life. And, while small fringe pockets for women to thrive could continue to be found, the Bay Area was not immune to conservative fears.\u003c/p>\n\u003cp>“[T]he reason why the Dipsea Hike, the race, ended in 1922, is that community leaders felt it was too harsh for women to continue running that race. And so there’s still those combination [of] fears about female frailty, like their ovaries are going to fall out or something if they run up and down a basketball court, or that they’ll become too mannish,” said Liberti. “The Bay Area may seem intensely progressive. But it carries with it ideas about gender, and we’re not immune from that.”\u003c/p>\n\u003cp>After the last Dipsea women’s hike in 1922, the race wouldn’t open back up to women for five decades — until 1971.\u003c/p>\n\u003cp>This happened across many women’s sports, with many facing decades of being barred from participating.\u003c/p>\n\u003cp>When that finally changed, after so many years of being banned or limited, building a foundation back up for women’s sports was slow.\u003c/p>\n\u003cp>While Title IX — the landmark legislation that banned gender discrimination — passed a year later, in 1972, it wasn’t until 1982 that the NCAA even added women’s basketball. That’s nearly 90 years after that first Stanford-Cal game was played.\u003c/p>\n\u003cp>And by the 1970s, modern pro men’s sports as we think of them were really taking shape with money, sponsors, tickets and TV deals. This is when we first see an attempt at professional women’s teams, too. But they were on the back foot, having to catch up to the audience and investment that men’s teams had built.\u003c/p>\n\u003ch2>Meet the SF Pioneers\u003c/h2>\n\u003cp>It was then, in 1979, that San Francisco got a women’s professional basketball team: the SF Pioneers. They joined the brand new, first of its kind, women’s pro basketball league, which called itself the WBL.\u003c/p>\n\u003cp>“It was like a dream come true for me, because I never thought the United States would ever have a women’s league,” said \u003ca href=\"https://thelegends.org/our-team/\">Cardte Hicks\u003c/a>, one of the women on that team.\u003c/p>\n\u003cp>https://www.youtube.com/watch?v=eBkMz2ix2_0\u003c/p>\n\u003cp>Hicks had played for CSU Northridge and had a 42-inch vertical jump. She was recruited to San Francisco by the coach, Frank LaPorte, who had heard of her and \u003ca href=\"https://www.sfchronicle.com/sports/ostler/article/Inspiring-dunks-of-Stanford-s-Belibi-echo-16036458.php\">her famous dunking\u003c/a>.\u003c/p>\n\u003cp>“I never even knew that dunking was something spectacular. I just thought it was fun to be able to get up that high,” she said, “He had heard a lot about me playing in AAU. I played for my brothers, because they wouldn’t allow women to play, so they’d dress me up like a boy, tape my boobs down, what little bit I did have,” she said. “And people would come out because they’d heard about that girl that could jump.”\u003c/p>\n\u003cp>The Pioneers played at the Civic Center and were supported by Willie Brown.\u003c/p>\n\u003cp>“One thing I can truly say is that San Francisco showed some love, in the gay community, more so than any community. They were just so supportive. They wanted this to grow,” she said.\u003c/p>\n\u003cp>But the players didn’t get paid much and, after the novelty wore off, they didn’t get much media attention or marketing either. “We didn’t get marketed like they do with the WNBA. We didn’t have a lot of money. Me personally, I’d have played for nothing, as long as I can get out there and play,” said Hicks.\u003c/p>\n\u003cp>How much did she get paid? About $1,500 per month.\u003c/p>\n\u003cfigure id=\"attachment_11956859\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/GettyImages-1206294847.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11956859\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/GettyImages-1206294847-800x1306.jpg\" alt=\"Black and white image of 4 women on a basketball court. Three of them wear dark uniforms, and one is in a white uniform. The 2 women in the middle ground are leaping into the air after a basketball that is above them out of frame.\" width=\"800\" height=\"1306\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/GettyImages-1206294847-800x1306.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/GettyImages-1206294847-160x261.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/GettyImages-1206294847-941x1536.jpg 941w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/GettyImages-1206294847.jpg 992w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The San Francisco Pioneers, a women’s professional basketball team, playing a game in the first national league on Dec. 30, 1980. \u003ccite>(Steve Ringman/San Francisco Chronicle via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The players were good, though, she said. Imagine if they’d had the opportunities available now.\u003c/p>\n\u003cp>“When the league folded, it was a heartbreaker for all of us,” she said. By 1981, the WBL was done.\u003c/p>\n\u003cp>A few years ago, many of those players, including Hicks, were honored by the WNBA and inducted into the \u003ca href=\"https://www.wbhof.com/\">Women’s Basketball Hall of Fame\u003c/a>. But back in the early ’80s, without enough capital or coverage, the WBL couldn’t last. The team and league shut down and Hicks went back to playing overseas where there were more opportunities.\u003c/p>\n\u003cp>This happened to a lot of the newly formed women’s pro teams during the ’70s and ’80s. They keep getting shortchanged and shut down, struggling to catch up to the head start the men’s teams had.\u003c/p>\n\u003cp>“All of these women’s pro sport leagues are short lived,” said Liberti, “Like they come and they go, they’re in and they’re out. They don’t have funding. There’s no capital. There’s no media following them at this point.”\u003c/p>\n\u003cp>This pattern continued for decades. There was the San Jose Sunbirds, a pro softball team, which was later followed by the California Sunbirds in Stockton, which were part of the on-and-off National Pro Fastpitch league. There was the FC Gold Pride, part of one of the early women’s pro soccer leagues, who played in Hayward.\u003c/p>\n\u003cp>There have been a number of different women’s pro teams in the Bay Area over the years, but they haven’t lasted.\u003c/p>\n\u003cp>Are things finally changing? Has the time finally come for one to succeed here?\u003c/p>\n\u003ch2>A shift happening\u003c/h2>\n\u003cp>Back to the launch of the new women’s pro soccer team.\u003c/p>\n\u003cp>“I just think sometimes people are resistant to understanding what is possible if they haven’t seen it done before,” said Aly Wagner, another one of the four founders of the Bay FC. Wagner also played on the national team and in previous women’s pro leagues — none of which lasted. “We’re in a very different place now than where we were then. And one of the things that I keep coming back to is that there were always gatekeepers.”\u003c/p>\n\u003cp>What Wagner means is that for a long time the people who make the decisions in regards to sports funding kept saying: “No point in investing in women’s sports; no one wants to watch women’s sports; don’t put them on TV.” And so nothing happened. There was no investment, media or marketing.\u003c/p>\n\u003cp>Right now, though, in July 2023, as the \u003ca href=\"https://www.cbssports.com/soccer/news/2023-womens-world-cup-breaks-ticket-sale-records-viewership-way-up-over-2019/\">Women’s World Cup\u003c/a> and \u003ca href=\"https://www.cyclingnews.com/news/232-million-watched-live-broadcasts-of-2022-tour-de-france-femmes/\">Tour de France Femmes\u003c/a> draw millions of viewers, it’s hard not to notice a shift happening globally. \u003ca href=\"https://www.wsj.com/articles/ncaa-womens-basketball-final-ratings-record-c8a9f218\">Almost 10 million people tuned in for the women’s March Madness final\u003c/a>. WNBA opening weekend viewership was up 100%. \u003ca href=\"https://www.espn.com/soccer/story/_/id/37630607/women-attendances-dominated-european-football-2022\">The three most attended soccer games in Europe last year were all women’s matches\u003c/a>.\u003c/p>\n\u003cp>It’s clear there is money to be made — and that’s what’s changing. Investors now see there’s a market, an audience, an entire base of women’s sports fans who are not being served. And with the potential for profit, comes funding, which brings broadcast TV deals. And since you can’t be a fan of what you can’t see, that brings more viewers and more fans.\u003c/p>\n\u003cp>“Now I think that people are starting to understand that the momentum is there, the data is there. Everything is signaling that this is the right time,” Wagner said. “It might have been the right time before, but now it’s \u003cem>really\u003c/em> the right time.”\u003c/p>\n\u003cfigure id=\"attachment_11956860\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/RS66033_06032023_bayfc-405-qut.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11956860\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/RS66033_06032023_bayfc-405-qut-800x532.jpg\" alt=\"A row of people smile at the camera, they are all wearing items of clothing with the logo for a women's soccer team called "Bay FC."\" width=\"800\" height=\"532\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/RS66033_06032023_bayfc-405-qut-800x532.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/RS66033_06032023_bayfc-405-qut-1020x678.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/RS66033_06032023_bayfc-405-qut-160x106.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/RS66033_06032023_bayfc-405-qut-1536x1022.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/RS66033_06032023_bayfc-405-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Sheryl Sandberg, Danielle Slaton, Brandi Chastain, Leslie Osborne and Aly Wagner pose for a photo with other attendees at a kickoff event for Bay FC, the Bay Area’s first team in the National Women’s Soccer League, at the Presidio in San Francisco, on June 3, 2023. \u003ccite>(Kori Suzuki/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>At the Bay FC team launch event, fans were excited too.\u003c/p>\n\u003cp>“Oh, I’m so excited,” said Deepa Patel. “I started watching the NWSL after the 2015 World Cup and since then I’ve just been waiting for a team.”\u003c/p>\n\u003cp>“Finally we have a women’s team in Northern California. We don’t have to fly to Portland, we don’t have to go to L.A., we don’t have to fly to San Diego. Finally we have something representing Northern California, and the Bay Area,” said Monica MacMillan.\u003c/p>\n\u003cp>There have always been women’s sports in the Bay Area. There are professional runners, cyclists, tennis players, swimmers, and ice-skaters. There are semi-pro teams here, too. But now it might really be time for a fully-fledged, fully-funded major pro team that lasts.\u003c/p>\n\u003cp>There’s just one last obstacle.\u003c/p>\n\u003cp>There are also efforts to bring a WNBA expansion team here, though the commissioner has said “\u003ca href=\"https://justwomenssports.com/reads/wnba-expansion-teams-timeline-cathy-engelbert-commissioner/\">not yet\u003c/a>.”\u003c/p>\n\u003cp>At issue is another factor that answers Afifa Tawil’s original question. It can be tough to start teams in the Bay Area.\u003c/p>\n\u003cp>It’s often easier to start out and build in smaller markets, especially during the survival mode women’s sports have historically existed in. In small markets, you can sometimes build women’s teams as a kind of homegrown oddity attraction. The Bay Area, by contrast, is a little hard for people to get their heads around, a little hard to conquer for any one new team.\u003c/p>\n\u003cp>“I think the Bay Area is perhaps daunting to a lot of people because we have so much going on there,” said Wagner.\u003c/p>\n\u003cp>It’s so spread out, so diverse, there’s so many other things to do besides sit inside and watch sports on TV. We’re not always considered a great sports market. But Brandi Chastain disagrees.\u003c/p>\n\u003cp>“The Bay Area is the best sports town and we’re going to prove it,” she said.\u003c/p>\n\u003cp>The Bay FC starts play in the spring and after that, who knows. Maybe a WNBA team in Oakland. Or dream big: A softball team in Hayward; a women’s hockey team in San José. Momentum is building. As the women’s soccer fans like to say: LFG.\u003c/p>\n\u003cp>[baycuriousquestion]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Lots of other cities have professional women's sports — and San Francisco has had teams in the past, but not now. Is that all about to change?","status":"publish","parent":0,"modified":1700531356,"stats":{"hasAudio":false,"hasVideo":true,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":true,"hasPolis":false,"paragraphCount":65,"wordCount":2811},"headData":{"title":"Why Doesn't the Bay Area Have a Pro Women's Sports Team? | KQED","description":"Lots of other cities have professional women's sports — and San Francisco has had teams in the past, but not now. Is that all about to change?","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Why Doesn't the Bay Area Have a Pro Women's Sports Team?","datePublished":"2023-07-29T13:45:47.000Z","dateModified":"2023-11-21T01:49:16.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"audioUrl":"https://www.podtrac.com/pts/redirect.mp3/pdst.fm/e/chrt.fm/track/G6C7C3/traffic.megaphone.fm/KQINC9938896289.mp3?updated=1689830500","excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11956649/why-doesnt-the-bay-area-have-a-pro-womens-sports-team","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Afifa Tawil works for the women’s and non-binary semi-pro ultimate frisbee team, \u003ca href=\"https://www.falconsultimate.com/\">the San Francisco Falcons\u003c/a>, and she’s noticed something: The Bay Area has a men’s pro football team, a men’s pro basketball team, a men’s pro soccer team, a men’s pro hockey team, and (at least for now) two men’s pro baseball teams.\u003c/p>\u003cp>\u003caside class=\"alignleft utils-parseShortcode-shortcodes-__bayCuriousPodcastShortcode__bayCurious\">\u003cimg src=https://cdn.kqed.org/wp-content/uploads/2023/02/bayCuriousLogo.png alt=\"Bay Curious Podcast\" />\n \u003ca href=\"/news/series/baycurious\">Bay Curious\u003c/a> is a podcast that answers your questions about the Bay Area.\n Subscribe on \u003ca href=\"https://itunes.apple.com/us/podcast/bay-curious/id1172473406\" target=\"_blank\" rel=\"noopener noreferrer\">Apple Podcasts\u003c/a>,\n \u003ca href=\"http://www.npr.org/podcasts/500557090/bay-curious\" target=\"_blank\" rel=\"noopener noreferrer\">NPR One\u003c/a> or your favorite podcast platform.\u003c/aside>\u003c/p>\u003cp>\u003c/p>\n\u003cp>That’s a lot of sports. But no women’s pro team!\u003c/p>\n\u003cp>So she wants to know why. “Why isn’t there a professional women’s or non-binary team in the Bay Area?” she asked.\u003c/p>\n\u003cp>Afifa thinks our area has a lot going for it: a big, outdoors-y population and progressive values that would appear supportive of women’s sports. Other places have women’s pro sports teams. Why not here?\u003c/p>\n\u003ch2>The good news first\u003c/h2>\n\u003cp>Well, first off: There is one coming. The newest team in the National Women’s Soccer League, the Bay FC, \u003ca href=\"https://www.kqed.org/news/11952128/bay-areas-first-professional-womens-soccer-team-kicks-off-with-public-launch\">held a launch event last month\u003c/a> and they are getting ready for their debut season in spring 2024.\u003c/p>\n\u003cp>But it took a long time to make that happen.\u003c/p>\n\u003cp>According to Brandi Chastain, \u003ca href=\"https://www.youtube.com/watch?v=z-A1-Rz_pks\">of World Cup fame\u003c/a>, it took almost two years to get the team off the ground. Chastain, who grew up playing on the boys team in San José, is one of four founders of the Bay FC — all of whom grew up or live in the Bay Area, and all of whom played on the U.S. national team. They said it has taken years and multiple attempts to line up investment partners, media and interest. And that interest is finally building and momentum is shifting.\u003c/p>\n\u003cp>“It has to be the right time and the right moment with the right people,” she said at the launch event.\u003c/p>\n\u003cp>The other piece of semi-good news: There actually have been women’s pro teams in the Bay Area before — from basketball to softball.\u003c/p>\n\u003cp>But the bad news: They all folded. The past attempts at women’s pro teams couldn’t survive. Which means Tawil’s question still stands. Why exactly did it take so long for the Bay Area to get this newest professional women’s team? Shouldn’t women’s sports be big here?\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch2>In the beginning\u003c/h2>\n\u003cp>Before professional sports — men’s or women’s — really existed in a modern form, elite women’s sports could be found throughout the Bay Area. In fact, the first collegiate women’s basketball ever played was here, between Stanford and UC Berkeley back in 1896.\u003c/p>\n\u003cfigure id=\"attachment_11956654\" class=\"wp-caption aligncenter\" style=\"max-width: 1132px\">\u003ca href=\"https://ww2.kqed.org/news/2023/07/29/why-doesnt-the-bay-area-have-a-pro-womens-sports-team/sf-call-image-1132x917/\" rel=\"attachment wp-att-11956654\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11956654\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/SF-Call-image-1132x917-1.jpeg\" alt=\"an old-fashioned drawing of women on a basketball court\" width=\"1132\" height=\"917\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/SF-Call-image-1132x917-1.jpeg 1132w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/SF-Call-image-1132x917-1-800x648.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/SF-Call-image-1132x917-1-1020x826.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/SF-Call-image-1132x917-1-160x130.jpeg 160w\" sizes=\"(max-width: 1132px) 100vw, 1132px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">An artist from The San Francisco Call captured the historic basketball game. \u003ccite>(San Francisco Call/Library of Congress)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The sport had only been invented a few years earlier and you probably wouldn’t recognize it now. Nine women played on a half-size court, wearing the athletic clothing of the day: knee-length bloomers, tall socks, and long-sleeve sweaters. Still, it was a hard-fought battle. \u003cem>The San Francisco Chronicle\u003c/em> wrote, at the time:\u003c/p>\n\u003cblockquote>\u003cp>“From the very first the game was snappy. The bewitched pigskin seemed to be everywhere and nowhere … Sometimes with a slump and a slide three girls would dive for the ball and end in an inextricable heap … In less time than it takes to read it they were all planted firmly on their two feet, flushed, perspiring … oblivious of everything except that ball.”\u003c/p>\u003c/blockquote>\n\u003cp>A crowd of 700 women cheered on the teams and, even though men weren’t allowed in the gym, many watched through the windows. Stanford won, and when they returned to campus they were greeted by crowds and the famous Stanford band.\u003c/p>\n\u003cp>There were pockets like this throughout the Bay Area during the late 1800s and early 1900s, said \u003ca href=\"https://www.csueastbay.edu/directory/profiles/kpe/libertirita.html\">Rita Liberti\u003c/a>, a professor of sports history at CSU East Bay. “Softball was huge among a range of communities across class and race and ethnicity,” she said.\u003c/p>\n\u003cp>Basketball was played in Chinatown and around San Francisco. Women’s swimming was big, especially in Santa Clara. San Francisco even had a pro co-ed roller derby team — called the Bay Bombers — who played mostly at Kezar Stadium and Cow Palace and, at one point, drew 1 million spectators a year along with television broadcasts.\u003c/p>\n\u003cp>And there was running. For example, the Dipsea Race, in Marin County, was popular for elite competitive women.\u003c/p>\n\u003cp>“From 1918 to 1922, it was really an incredible run, hundreds of participants, thousands of people watching,” said Liberti.\u003c/p>\n\u003cfigure id=\"attachment_11956841\" class=\"wp-caption aligncenter\" style=\"max-width: 920px\">\u003ca href=\"https://ww2.kqed.org/news/2023/07/29/why-doesnt-the-bay-area-have-a-pro-womens-sports-team/i/\" rel=\"attachment wp-att-11956841\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11956841\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/i.jpeg\" alt=\"an older black and white photo shows a crowd of women dressed in old-fashioned athlete gear gathered at a start line\" width=\"920\" height=\"518\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/i.jpeg 920w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/i-800x450.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/i-160x90.jpeg 160w\" sizes=\"(max-width: 920px) 100vw, 920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The Dipsea ‘Hike’ for women drew huge numbers from 1918–1922. \u003ccite>(Dipsea Race Committee)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>It was called a “\u003ca href=\"https://www.dipsea.org/news/2018-02-11-womenshikehistory.php\">hike\u003c/a>” to get around bans at the time on women running competitively. But despite that, and even wearing long skirts and boots, the winning woman in 1922 covered the mountainous 7.5-mile course in one hour and 12 minutes. It’s a time that would place her in the top quarter of athletes at this year’s race. Her “hike” was most definitely a run.\u003c/p>\n\u003cp>“We’re talking about girls and women who were kind of everyday athletes. But we’re also talking about elite athleticism, women who were really skilled,” said Liberti. “And all of this is happening in the San Francisco Bay.”\u003c/p>\n\u003cp>For decades, we \u003cem>were\u003c/em> a place for elite women’s sports. But then came the pushback.\u003c/p>\n\u003ch2>A 50-year ban\u003c/h2>\n\u003cp>Every time women found a place for elite athleticism in the first half of the century, there came periodic backlash. Just a few years after that first basketball game, Stanford put an end to all intercollegiate women’s sports for fear of the stress on women’s bodies. A conservative wave then pushed across the country starting in the 1920s, seen across all aspects of life. And, while small fringe pockets for women to thrive could continue to be found, the Bay Area was not immune to conservative fears.\u003c/p>\n\u003cp>“[T]he reason why the Dipsea Hike, the race, ended in 1922, is that community leaders felt it was too harsh for women to continue running that race. And so there’s still those combination [of] fears about female frailty, like their ovaries are going to fall out or something if they run up and down a basketball court, or that they’ll become too mannish,” said Liberti. “The Bay Area may seem intensely progressive. But it carries with it ideas about gender, and we’re not immune from that.”\u003c/p>\n\u003cp>After the last Dipsea women’s hike in 1922, the race wouldn’t open back up to women for five decades — until 1971.\u003c/p>\n\u003cp>This happened across many women’s sports, with many facing decades of being barred from participating.\u003c/p>\n\u003cp>When that finally changed, after so many years of being banned or limited, building a foundation back up for women’s sports was slow.\u003c/p>\n\u003cp>While Title IX — the landmark legislation that banned gender discrimination — passed a year later, in 1972, it wasn’t until 1982 that the NCAA even added women’s basketball. That’s nearly 90 years after that first Stanford-Cal game was played.\u003c/p>\n\u003cp>And by the 1970s, modern pro men’s sports as we think of them were really taking shape with money, sponsors, tickets and TV deals. This is when we first see an attempt at professional women’s teams, too. But they were on the back foot, having to catch up to the audience and investment that men’s teams had built.\u003c/p>\n\u003ch2>Meet the SF Pioneers\u003c/h2>\n\u003cp>It was then, in 1979, that San Francisco got a women’s professional basketball team: the SF Pioneers. They joined the brand new, first of its kind, women’s pro basketball league, which called itself the WBL.\u003c/p>\n\u003cp>“It was like a dream come true for me, because I never thought the United States would ever have a women’s league,” said \u003ca href=\"https://thelegends.org/our-team/\">Cardte Hicks\u003c/a>, one of the women on that team.\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/eBkMz2ix2_0'\n title='//www.youtube.com/embed/eBkMz2ix2_0'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>Hicks had played for CSU Northridge and had a 42-inch vertical jump. She was recruited to San Francisco by the coach, Frank LaPorte, who had heard of her and \u003ca href=\"https://www.sfchronicle.com/sports/ostler/article/Inspiring-dunks-of-Stanford-s-Belibi-echo-16036458.php\">her famous dunking\u003c/a>.\u003c/p>\n\u003cp>“I never even knew that dunking was something spectacular. I just thought it was fun to be able to get up that high,” she said, “He had heard a lot about me playing in AAU. I played for my brothers, because they wouldn’t allow women to play, so they’d dress me up like a boy, tape my boobs down, what little bit I did have,” she said. “And people would come out because they’d heard about that girl that could jump.”\u003c/p>\n\u003cp>The Pioneers played at the Civic Center and were supported by Willie Brown.\u003c/p>\n\u003cp>“One thing I can truly say is that San Francisco showed some love, in the gay community, more so than any community. They were just so supportive. They wanted this to grow,” she said.\u003c/p>\n\u003cp>But the players didn’t get paid much and, after the novelty wore off, they didn’t get much media attention or marketing either. “We didn’t get marketed like they do with the WNBA. We didn’t have a lot of money. Me personally, I’d have played for nothing, as long as I can get out there and play,” said Hicks.\u003c/p>\n\u003cp>How much did she get paid? About $1,500 per month.\u003c/p>\n\u003cfigure id=\"attachment_11956859\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/GettyImages-1206294847.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11956859\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/GettyImages-1206294847-800x1306.jpg\" alt=\"Black and white image of 4 women on a basketball court. Three of them wear dark uniforms, and one is in a white uniform. The 2 women in the middle ground are leaping into the air after a basketball that is above them out of frame.\" width=\"800\" height=\"1306\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/GettyImages-1206294847-800x1306.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/GettyImages-1206294847-160x261.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/GettyImages-1206294847-941x1536.jpg 941w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/GettyImages-1206294847.jpg 992w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The San Francisco Pioneers, a women’s professional basketball team, playing a game in the first national league on Dec. 30, 1980. \u003ccite>(Steve Ringman/San Francisco Chronicle via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The players were good, though, she said. Imagine if they’d had the opportunities available now.\u003c/p>\n\u003cp>“When the league folded, it was a heartbreaker for all of us,” she said. By 1981, the WBL was done.\u003c/p>\n\u003cp>A few years ago, many of those players, including Hicks, were honored by the WNBA and inducted into the \u003ca href=\"https://www.wbhof.com/\">Women’s Basketball Hall of Fame\u003c/a>. But back in the early ’80s, without enough capital or coverage, the WBL couldn’t last. The team and league shut down and Hicks went back to playing overseas where there were more opportunities.\u003c/p>\n\u003cp>This happened to a lot of the newly formed women’s pro teams during the ’70s and ’80s. They keep getting shortchanged and shut down, struggling to catch up to the head start the men’s teams had.\u003c/p>\n\u003cp>“All of these women’s pro sport leagues are short lived,” said Liberti, “Like they come and they go, they’re in and they’re out. They don’t have funding. There’s no capital. There’s no media following them at this point.”\u003c/p>\n\u003cp>This pattern continued for decades. There was the San Jose Sunbirds, a pro softball team, which was later followed by the California Sunbirds in Stockton, which were part of the on-and-off National Pro Fastpitch league. There was the FC Gold Pride, part of one of the early women’s pro soccer leagues, who played in Hayward.\u003c/p>\n\u003cp>There have been a number of different women’s pro teams in the Bay Area over the years, but they haven’t lasted.\u003c/p>\n\u003cp>Are things finally changing? Has the time finally come for one to succeed here?\u003c/p>\n\u003ch2>A shift happening\u003c/h2>\n\u003cp>Back to the launch of the new women’s pro soccer team.\u003c/p>\n\u003cp>“I just think sometimes people are resistant to understanding what is possible if they haven’t seen it done before,” said Aly Wagner, another one of the four founders of the Bay FC. Wagner also played on the national team and in previous women’s pro leagues — none of which lasted. “We’re in a very different place now than where we were then. And one of the things that I keep coming back to is that there were always gatekeepers.”\u003c/p>\n\u003cp>What Wagner means is that for a long time the people who make the decisions in regards to sports funding kept saying: “No point in investing in women’s sports; no one wants to watch women’s sports; don’t put them on TV.” And so nothing happened. There was no investment, media or marketing.\u003c/p>\n\u003cp>Right now, though, in July 2023, as the \u003ca href=\"https://www.cbssports.com/soccer/news/2023-womens-world-cup-breaks-ticket-sale-records-viewership-way-up-over-2019/\">Women’s World Cup\u003c/a> and \u003ca href=\"https://www.cyclingnews.com/news/232-million-watched-live-broadcasts-of-2022-tour-de-france-femmes/\">Tour de France Femmes\u003c/a> draw millions of viewers, it’s hard not to notice a shift happening globally. \u003ca href=\"https://www.wsj.com/articles/ncaa-womens-basketball-final-ratings-record-c8a9f218\">Almost 10 million people tuned in for the women’s March Madness final\u003c/a>. WNBA opening weekend viewership was up 100%. \u003ca href=\"https://www.espn.com/soccer/story/_/id/37630607/women-attendances-dominated-european-football-2022\">The three most attended soccer games in Europe last year were all women’s matches\u003c/a>.\u003c/p>\n\u003cp>It’s clear there is money to be made — and that’s what’s changing. Investors now see there’s a market, an audience, an entire base of women’s sports fans who are not being served. And with the potential for profit, comes funding, which brings broadcast TV deals. And since you can’t be a fan of what you can’t see, that brings more viewers and more fans.\u003c/p>\n\u003cp>“Now I think that people are starting to understand that the momentum is there, the data is there. Everything is signaling that this is the right time,” Wagner said. “It might have been the right time before, but now it’s \u003cem>really\u003c/em> the right time.”\u003c/p>\n\u003cfigure id=\"attachment_11956860\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/RS66033_06032023_bayfc-405-qut.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11956860\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/RS66033_06032023_bayfc-405-qut-800x532.jpg\" alt=\"A row of people smile at the camera, they are all wearing items of clothing with the logo for a women's soccer team called "Bay FC."\" width=\"800\" height=\"532\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/RS66033_06032023_bayfc-405-qut-800x532.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/RS66033_06032023_bayfc-405-qut-1020x678.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/RS66033_06032023_bayfc-405-qut-160x106.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/RS66033_06032023_bayfc-405-qut-1536x1022.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/RS66033_06032023_bayfc-405-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Sheryl Sandberg, Danielle Slaton, Brandi Chastain, Leslie Osborne and Aly Wagner pose for a photo with other attendees at a kickoff event for Bay FC, the Bay Area’s first team in the National Women’s Soccer League, at the Presidio in San Francisco, on June 3, 2023. \u003ccite>(Kori Suzuki/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>At the Bay FC team launch event, fans were excited too.\u003c/p>\n\u003cp>“Oh, I’m so excited,” said Deepa Patel. “I started watching the NWSL after the 2015 World Cup and since then I’ve just been waiting for a team.”\u003c/p>\n\u003cp>“Finally we have a women’s team in Northern California. We don’t have to fly to Portland, we don’t have to go to L.A., we don’t have to fly to San Diego. Finally we have something representing Northern California, and the Bay Area,” said Monica MacMillan.\u003c/p>\n\u003cp>There have always been women’s sports in the Bay Area. There are professional runners, cyclists, tennis players, swimmers, and ice-skaters. There are semi-pro teams here, too. But now it might really be time for a fully-fledged, fully-funded major pro team that lasts.\u003c/p>\n\u003cp>There’s just one last obstacle.\u003c/p>\n\u003cp>There are also efforts to bring a WNBA expansion team here, though the commissioner has said “\u003ca href=\"https://justwomenssports.com/reads/wnba-expansion-teams-timeline-cathy-engelbert-commissioner/\">not yet\u003c/a>.”\u003c/p>\n\u003cp>At issue is another factor that answers Afifa Tawil’s original question. It can be tough to start teams in the Bay Area.\u003c/p>\n\u003cp>It’s often easier to start out and build in smaller markets, especially during the survival mode women’s sports have historically existed in. In small markets, you can sometimes build women’s teams as a kind of homegrown oddity attraction. The Bay Area, by contrast, is a little hard for people to get their heads around, a little hard to conquer for any one new team.\u003c/p>\n\u003cp>“I think the Bay Area is perhaps daunting to a lot of people because we have so much going on there,” said Wagner.\u003c/p>\n\u003cp>It’s so spread out, so diverse, there’s so many other things to do besides sit inside and watch sports on TV. We’re not always considered a great sports market. But Brandi Chastain disagrees.\u003c/p>\n\u003cp>“The Bay Area is the best sports town and we’re going to prove it,” she said.\u003c/p>\n\u003cp>The Bay FC starts play in the spring and after that, who knows. Maybe a WNBA team in Oakland. Or dream big: A softball team in Hayward; a women’s hockey team in San José. Momentum is building. As the women’s soccer fans like to say: LFG.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"baycuriousquestion","attributes":{"named":{"label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11956649/why-doesnt-the-bay-area-have-a-pro-womens-sports-team","authors":["1459"],"programs":["news_33523"],"series":["news_17986"],"categories":["news_8","news_33520","news_10"],"tags":["news_32793","news_18426","news_27626","news_17996","news_111","news_6215","news_28623"],"featImg":"news_11956659","label":"news_33523"},"news_11955960":{"type":"posts","id":"news_11955960","meta":{"index":"posts_1591205157","site":"news","id":"11955960","score":null,"sort":[1689791691000]},"guestAuthors":[],"slug":"audit-finds-csu-failed-to-address-some-sexual-harassment-cases-on-campuses","title":"Audit Finds CSU Failed to Address Some Sexual Harassment Cases on Campuses","publishDate":1689791691,"format":"standard","headTitle":"Audit Finds CSU Failed to Address Some Sexual Harassment Cases on Campuses | KQED","labelTerm":{},"content":"\u003cp>\u003cem>To view the campus reports, \u003ca href=\"https://www.calstate.edu/titleix/Pages/cozen-title-ix-assessment.aspx\">click this link\u003c/a>. There’s a dropdown for each campus.\u003c/em>\u003c/p>\n\u003cp>The California State Auditor found \u003ca href=\"https://www.kqed.org/news/tag/california-state-university\">California State University\u003c/a> routinely failed to address sexual harassment allegations across some of its 23 campuses.\u003c/p>\n\u003cp>\u003ca href=\"https://www.auditor.ca.gov/reports/2022-109/index.html#section1\">The audit\u003c/a>, released Tuesday, continues to shed light on a system in disarray and disorder. The state auditor reviewed multiple alleged cases of sexual harassment and several investigations to determine that, in some cases, universities improperly closed cases and failed to provide adequate discipline or take action against offenders.\u003c/p>\n\u003cp>The audit arrives one day after the release of \u003ca href=\"https://edsource.org/2023/cal-state-fails-to-fully-address-sexual-harassment-and-discrimination-complaints/694120\">a year-long independent investigation\u003c/a> ordered by the CSU Board of Trustees to review the system’s \u003ca href=\"https://www.hhs.gov/civil-rights/for-individuals/sex-discrimination/title-ix-education-amendments/index.html\">Title IX\u003c/a> practices.\u003c/p>\n\u003cp>\u003ca href=\"https://www.calstate.edu/titleix/Documents/california-state-university_systemwide-report_july-17-2023.pdf\">That report (PDF)\u003c/a>, assembled by Cozen O’Connor law firm, also found that the nation’s largest public university system fails to respond adequately to sexual harassment and discrimination complaints from employees and students because of few resources and little staffing.\u003c/p>\n\u003cp>The state auditor reviewed 40 CSU sexual harassment cases from 2016 to 2022 that showed employees potentially engaging in sexual harassment. Twenty-one of those cases led to a formal investigation and four led to an informal resolution agreement. Out of 15 cases that were closed upon their first assessments, the audit found that campuses did not provide clear reasons for closing 11 cases.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“In those cases, the campuses did not move forward with a formal investigation, even though the cases contained concerning allegations that may have warranted an investigation,” according to the audit.\u003c/p>\n\u003cp>The audit gives one such example of a student who alleged that a faculty member made, “inappropriate comments about her body, consistently walked her toward her residence after class, talked about his personal and romantic life, and compared her to women he dated.”\u003c/p>\n\u003cp>The student filed a written complaint, met with a campus official and made it clear she wanted to take action. But the campus, which is unnamed in the audit, declined to investigate stating that the alleged conduct was “on the border” of the campus’s purview.\u003c/p>\n\u003cp>The auditor found that some campuses did not contact all the complainants before closing cases or made little effort to pursue investigating allegations if the complainants chose not to participate in the investigation.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Individual, according to the audit\"]‘In those cases, the campuses did not move forward with a formal investigation, even though the cases contained concerning allegations that may have warranted an investigation.’[/pullquote]\u003c/p>\n\u003cp>The auditor also found issues with the way CSU conducts investigations. Seven investigations contained “deficiencies that caused us to question the campuses’ determinations that sexual harassment had not occurred.”\u003c/p>\n\u003cp>In another example from the audit, a contractor reported that a faculty member made “inappropriate comments to her on multiple occasions, hugged her, touched her hair, and kissed a different staff member without that person’s consent.”\u003c/p>\n\u003cp>The university substantiated the allegations but found the conduct “did not meet the definition of sexual harassment in CSU’s policy — an outcome we question, given the details of the case and deficiencies in the campus’ investigative analysis.”\u003c/p>\n\u003cp>In seven cases, the audit found that the university failed to implement action even when campuses determined an employee’s behavior required discipline. Three cases were closed by campuses that also referred those cases to a different university department for possible corrective action, such as having a conversation with the accused person or a letter of reprimand.\u003c/p>\n\u003cp>In another example, an unnamed campus found a male professor responsible for sexual harassment, sexual violence, and stalking in 2016 but failed to take disciplinary action for more than five years. The campus did issue a letter reprimanding the professor for his conduct, but nothing else because the campus determined it missed the statute of limitations for any other disciplinary action.\u003c/p>\n\u003cp>And that letter wasn’t given to the professor until six years later in 2022 when a new report alleged he engaged in inappropriate conduct.\u003c/p>\n\u003cp>“This professor is also participating in a faculty early-retirement program that reduces his employment to half-time until his anticipated retirement,” according to the audit. “The personnel administrator for that campus stated that given the professor’s past behavior, the campus is making every effort to keep him away from the classroom and engaged only in projects that do not involve students.”[aside postID=news_11950873 hero='https://ww2.kqed.org/app/uploads/sites/10/2023/05/GettyImages-1490480975-1020x680.jpg']The Joint Legislative Audit Committee called for the audit last summer after multiple reports showed poor responses to sexual harassment complaints from faculty, administrators and students. The committee requested access to sexual harassment complaints against employees at the chancellor’s office, San Jose State, Fresno State and Sonoma State campuses where there had been publicly reported allegations of misconduct.\u003c/p>\n\u003cp>The report found that from 2018 to 2022, the system received 1,251 sexual harassment reports against CSU employees across the 23 campuses. However, the audit cautions that the data from the chancellor’s office is unreliable and inconsistent.\u003c/p>\n\u003cp>The audit also found that of the 40 cases, 24 were missing documents, making it difficult for auditors to assess if campuses handled the allegations appropriately. Those missing documents included interview notes, relevant evidence, outreach to complainants, and timeline extensions.\u003c/p>\n\u003cp>“We also identified two cases in which a campus’s lack of accessible documentation about the outcome of a previous case may have affected its handling of a new allegation of sexual harassment against the same” individual, according to the audit.\u003c/p>\n\u003cp>Sometimes the corrective actions were not severe enough to stop individuals from misconduct. In another example from the audit, a female student reported a male faculty member repeatedly asked her out, hugged and kissed her. When the Title IX coordinator and a personnel administrator met with the faculty member to address his behavior. But three years later, the faculty member was the subject of similar allegations.\u003c/p>\n\u003cp>In four cases, campuses reached settlement agreements that contained conditions like suspension without pay, voluntary resignation, training, or a letter of reprimand in exchange for monetary awards or removal of disciplinary documents from a personnel file. Those actions could allow the employees to be hired elsewhere with no information shared on the allegations that led to the settlements.[pullquote size=\"medium\" align=\"right\" citation=\"Jolene Koester, interim chancellor, California State University\"]‘We agree with and will implement the recommendations provided in the audit report … to strengthen our culture of care and compliance and advance the CSU’s core values of equity, diversity and inclusion.’[/pullquote]The chancellor’s office has partially addressed this issue by creating a new policy that doesn’t award positive letters of recommendation to any employee that has been fired or separated from the system due to sexual misconduct. But the audit found that the new policy would not cover seven cases where employees had findings of sexual harassment.\u003c/p>\n\u003cp>For example, the professor that committed sexual harassment, violence and stalking could still receive a letter of positive recommendation because the discipline in that case didn’t lead to his firing.\u003c/p>\n\u003cp>The auditor also found that CSU needs a way to address unprofessional behavior that isn’t sexual harassment. In one case, the audit cited an investigation that found the behavior inappropriate and recommended the individual’s supervisor address it, but there was no evidence the campus took any action.\u003c/p>\n\u003cp>The chancellor’s office also failed to collect data and analysis adequately across the 23 campuses, so “it lacks complete and accurate information about the total number of cases of alleged sexual harassment,” according to the audit. The office also doesn’t have standard practices for preventing, detecting or addressing sexual harassment.\u003c/p>\n\u003cp>“Ultimately the Chancellor’s Office has both the responsibility and the authority to ensure that campuses consistently and adequately address sexual harassment concerns,” according to the audit.\u003c/p>\n\u003cp>State Auditor Grant Parks, in his letter to the legislature, said: “The problems and inconsistencies we found during this audit warrant system-wide changes at CSU. In particular, the Chancellor’s Office must take a more active approach to overseeing campuses’ efforts to prevent and address sexual harassment.”\u003c/p>\n\u003cp>Parks recommends the chancellor’s office close gaps in its policies, collect and analyze critical data, and regularly review its campuses for compliance with legal requirements.\u003c/p>\n\u003cp>In response to the audit, interim Chancellor Jolene Koester said, “We agree with and will implement the recommendations provided in the audit report, as well as those identified in the Cozen assessment, to strengthen our culture of care and compliance and advance the CSU’s core values of equity, diversity and inclusion.”\u003c/p>\n\u003cp>Koester said that CSU will strengthen its accountability and prioritize prevention, mitigating barriers to reporting and ensuring appropriate response and support systems.[aside postID=news_11946741 hero='https://ww2.kqed.org/app/uploads/sites/10/2023/04/CMUndergrads01-1020x680.jpg']Mike Fong, chair of the Assembly Higher Education committee, said he would work with the university system, faculty and students to “address the identified problems and provide avenues for healing for all those involved. Our students, faculty and staff deserve a safe campus environment, and the knowledge that when they report any discrimination or misconduct, their voices will be heard, their complaints investigated, and the system will work.”\u003c/p>\n\u003cp>Fong also said that while CSU was the subject of two investigations, the problem of how systems respond to allegations of sexual misconduct and discrimination isn’t isolated.\u003c/p>\n\u003cp>“We will work to address Title IX compliance at all higher education institutions in California,” he said.\u003c/p>\n\u003cp>Cal State’s new chancellor-select, Mildred Garcia, following her appointment last week, said of the law firm’s report released yesterday: “There are no ifs, and, or buts, and we say that to our communities, and we demonstrate what we’re doing. It is my understanding that campuses have already started the implementation teams. It is my role to make sure that work gets implemented and that we hold people accountable to get it done.”\u003c/p>\n\u003cp>The issue of sexual harassment in the CSU system blew up early last year when USA Today reported that recently appointed Chancellor Joseph I. Castro, while president of Fresno State, ignored complaints of sexual misconduct for years by his vice president of student affairs, Frank Lamas, before his actions were finally investigated.\u003c/p>\n\u003cp>CSU has increasingly come under scrutiny from state auditors and news organizations for poor responses to sexual harassment complaints filed by faculty, administrators and students.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"The state auditor issued a critical report of California State University's handling of sexual harassment and misconduct complaints across the system.","status":"publish","parent":0,"modified":1689791691,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":38,"wordCount":1809},"headData":{"title":"Audit Finds CSU Failed to Address Some Sexual Harassment Cases on Campuses | KQED","description":"The state auditor issued a critical report of California State University's handling of sexual harassment and misconduct complaints across the system.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Audit Finds CSU Failed to Address Some Sexual Harassment Cases on Campuses","datePublished":"2023-07-19T18:34:51.000Z","dateModified":"2023-07-19T18:34:51.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"source":"EdSource","sourceUrl":"https://edsource.org/","nprByline":"\u003ca href=\"https://edsource.org/author/asmith\">Ashley A. Smith\u003c/a>","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11955960/audit-finds-csu-failed-to-address-some-sexual-harassment-cases-on-campuses","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>To view the campus reports, \u003ca href=\"https://www.calstate.edu/titleix/Pages/cozen-title-ix-assessment.aspx\">click this link\u003c/a>. There’s a dropdown for each campus.\u003c/em>\u003c/p>\n\u003cp>The California State Auditor found \u003ca href=\"https://www.kqed.org/news/tag/california-state-university\">California State University\u003c/a> routinely failed to address sexual harassment allegations across some of its 23 campuses.\u003c/p>\n\u003cp>\u003ca href=\"https://www.auditor.ca.gov/reports/2022-109/index.html#section1\">The audit\u003c/a>, released Tuesday, continues to shed light on a system in disarray and disorder. The state auditor reviewed multiple alleged cases of sexual harassment and several investigations to determine that, in some cases, universities improperly closed cases and failed to provide adequate discipline or take action against offenders.\u003c/p>\n\u003cp>The audit arrives one day after the release of \u003ca href=\"https://edsource.org/2023/cal-state-fails-to-fully-address-sexual-harassment-and-discrimination-complaints/694120\">a year-long independent investigation\u003c/a> ordered by the CSU Board of Trustees to review the system’s \u003ca href=\"https://www.hhs.gov/civil-rights/for-individuals/sex-discrimination/title-ix-education-amendments/index.html\">Title IX\u003c/a> practices.\u003c/p>\n\u003cp>\u003ca href=\"https://www.calstate.edu/titleix/Documents/california-state-university_systemwide-report_july-17-2023.pdf\">That report (PDF)\u003c/a>, assembled by Cozen O’Connor law firm, also found that the nation’s largest public university system fails to respond adequately to sexual harassment and discrimination complaints from employees and students because of few resources and little staffing.\u003c/p>\n\u003cp>The state auditor reviewed 40 CSU sexual harassment cases from 2016 to 2022 that showed employees potentially engaging in sexual harassment. Twenty-one of those cases led to a formal investigation and four led to an informal resolution agreement. Out of 15 cases that were closed upon their first assessments, the audit found that campuses did not provide clear reasons for closing 11 cases.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“In those cases, the campuses did not move forward with a formal investigation, even though the cases contained concerning allegations that may have warranted an investigation,” according to the audit.\u003c/p>\n\u003cp>The audit gives one such example of a student who alleged that a faculty member made, “inappropriate comments about her body, consistently walked her toward her residence after class, talked about his personal and romantic life, and compared her to women he dated.”\u003c/p>\n\u003cp>The student filed a written complaint, met with a campus official and made it clear she wanted to take action. But the campus, which is unnamed in the audit, declined to investigate stating that the alleged conduct was “on the border” of the campus’s purview.\u003c/p>\n\u003cp>The auditor found that some campuses did not contact all the complainants before closing cases or made little effort to pursue investigating allegations if the complainants chose not to participate in the investigation.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘In those cases, the campuses did not move forward with a formal investigation, even though the cases contained concerning allegations that may have warranted an investigation.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Individual, according to the audit","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The auditor also found issues with the way CSU conducts investigations. Seven investigations contained “deficiencies that caused us to question the campuses’ determinations that sexual harassment had not occurred.”\u003c/p>\n\u003cp>In another example from the audit, a contractor reported that a faculty member made “inappropriate comments to her on multiple occasions, hugged her, touched her hair, and kissed a different staff member without that person’s consent.”\u003c/p>\n\u003cp>The university substantiated the allegations but found the conduct “did not meet the definition of sexual harassment in CSU’s policy — an outcome we question, given the details of the case and deficiencies in the campus’ investigative analysis.”\u003c/p>\n\u003cp>In seven cases, the audit found that the university failed to implement action even when campuses determined an employee’s behavior required discipline. Three cases were closed by campuses that also referred those cases to a different university department for possible corrective action, such as having a conversation with the accused person or a letter of reprimand.\u003c/p>\n\u003cp>In another example, an unnamed campus found a male professor responsible for sexual harassment, sexual violence, and stalking in 2016 but failed to take disciplinary action for more than five years. The campus did issue a letter reprimanding the professor for his conduct, but nothing else because the campus determined it missed the statute of limitations for any other disciplinary action.\u003c/p>\n\u003cp>And that letter wasn’t given to the professor until six years later in 2022 when a new report alleged he engaged in inappropriate conduct.\u003c/p>\n\u003cp>“This professor is also participating in a faculty early-retirement program that reduces his employment to half-time until his anticipated retirement,” according to the audit. “The personnel administrator for that campus stated that given the professor’s past behavior, the campus is making every effort to keep him away from the classroom and engaged only in projects that do not involve students.”\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11950873","hero":"https://ww2.kqed.org/app/uploads/sites/10/2023/05/GettyImages-1490480975-1020x680.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The Joint Legislative Audit Committee called for the audit last summer after multiple reports showed poor responses to sexual harassment complaints from faculty, administrators and students. The committee requested access to sexual harassment complaints against employees at the chancellor’s office, San Jose State, Fresno State and Sonoma State campuses where there had been publicly reported allegations of misconduct.\u003c/p>\n\u003cp>The report found that from 2018 to 2022, the system received 1,251 sexual harassment reports against CSU employees across the 23 campuses. However, the audit cautions that the data from the chancellor’s office is unreliable and inconsistent.\u003c/p>\n\u003cp>The audit also found that of the 40 cases, 24 were missing documents, making it difficult for auditors to assess if campuses handled the allegations appropriately. Those missing documents included interview notes, relevant evidence, outreach to complainants, and timeline extensions.\u003c/p>\n\u003cp>“We also identified two cases in which a campus’s lack of accessible documentation about the outcome of a previous case may have affected its handling of a new allegation of sexual harassment against the same” individual, according to the audit.\u003c/p>\n\u003cp>Sometimes the corrective actions were not severe enough to stop individuals from misconduct. In another example from the audit, a female student reported a male faculty member repeatedly asked her out, hugged and kissed her. When the Title IX coordinator and a personnel administrator met with the faculty member to address his behavior. But three years later, the faculty member was the subject of similar allegations.\u003c/p>\n\u003cp>In four cases, campuses reached settlement agreements that contained conditions like suspension without pay, voluntary resignation, training, or a letter of reprimand in exchange for monetary awards or removal of disciplinary documents from a personnel file. Those actions could allow the employees to be hired elsewhere with no information shared on the allegations that led to the settlements.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘We agree with and will implement the recommendations provided in the audit report … to strengthen our culture of care and compliance and advance the CSU’s core values of equity, diversity and inclusion.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Jolene Koester, interim chancellor, California State University","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The chancellor’s office has partially addressed this issue by creating a new policy that doesn’t award positive letters of recommendation to any employee that has been fired or separated from the system due to sexual misconduct. But the audit found that the new policy would not cover seven cases where employees had findings of sexual harassment.\u003c/p>\n\u003cp>For example, the professor that committed sexual harassment, violence and stalking could still receive a letter of positive recommendation because the discipline in that case didn’t lead to his firing.\u003c/p>\n\u003cp>The auditor also found that CSU needs a way to address unprofessional behavior that isn’t sexual harassment. In one case, the audit cited an investigation that found the behavior inappropriate and recommended the individual’s supervisor address it, but there was no evidence the campus took any action.\u003c/p>\n\u003cp>The chancellor’s office also failed to collect data and analysis adequately across the 23 campuses, so “it lacks complete and accurate information about the total number of cases of alleged sexual harassment,” according to the audit. The office also doesn’t have standard practices for preventing, detecting or addressing sexual harassment.\u003c/p>\n\u003cp>“Ultimately the Chancellor’s Office has both the responsibility and the authority to ensure that campuses consistently and adequately address sexual harassment concerns,” according to the audit.\u003c/p>\n\u003cp>State Auditor Grant Parks, in his letter to the legislature, said: “The problems and inconsistencies we found during this audit warrant system-wide changes at CSU. In particular, the Chancellor’s Office must take a more active approach to overseeing campuses’ efforts to prevent and address sexual harassment.”\u003c/p>\n\u003cp>Parks recommends the chancellor’s office close gaps in its policies, collect and analyze critical data, and regularly review its campuses for compliance with legal requirements.\u003c/p>\n\u003cp>In response to the audit, interim Chancellor Jolene Koester said, “We agree with and will implement the recommendations provided in the audit report, as well as those identified in the Cozen assessment, to strengthen our culture of care and compliance and advance the CSU’s core values of equity, diversity and inclusion.”\u003c/p>\n\u003cp>Koester said that CSU will strengthen its accountability and prioritize prevention, mitigating barriers to reporting and ensuring appropriate response and support systems.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11946741","hero":"https://ww2.kqed.org/app/uploads/sites/10/2023/04/CMUndergrads01-1020x680.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Mike Fong, chair of the Assembly Higher Education committee, said he would work with the university system, faculty and students to “address the identified problems and provide avenues for healing for all those involved. Our students, faculty and staff deserve a safe campus environment, and the knowledge that when they report any discrimination or misconduct, their voices will be heard, their complaints investigated, and the system will work.”\u003c/p>\n\u003cp>Fong also said that while CSU was the subject of two investigations, the problem of how systems respond to allegations of sexual misconduct and discrimination isn’t isolated.\u003c/p>\n\u003cp>“We will work to address Title IX compliance at all higher education institutions in California,” he said.\u003c/p>\n\u003cp>Cal State’s new chancellor-select, Mildred Garcia, following her appointment last week, said of the law firm’s report released yesterday: “There are no ifs, and, or buts, and we say that to our communities, and we demonstrate what we’re doing. It is my understanding that campuses have already started the implementation teams. It is my role to make sure that work gets implemented and that we hold people accountable to get it done.”\u003c/p>\n\u003cp>The issue of sexual harassment in the CSU system blew up early last year when USA Today reported that recently appointed Chancellor Joseph I. Castro, while president of Fresno State, ignored complaints of sexual misconduct for years by his vice president of student affairs, Frank Lamas, before his actions were finally investigated.\u003c/p>\n\u003cp>CSU has increasingly come under scrutiny from state auditors and news organizations for poor responses to sexual harassment complaints filed by faculty, administrators and students.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11955960/audit-finds-csu-failed-to-address-some-sexual-harassment-cases-on-campuses","authors":["byline_news_11955960"],"categories":["news_18540","news_8"],"tags":["news_18538","news_221","news_32200","news_21180","news_18738","news_20228","news_279","news_1405","news_20614","news_32933","news_6215"],"featImg":"news_11955965","label":"source_news_11955960"},"news_11936552":{"type":"posts","id":"news_11936552","meta":{"index":"posts_1591205157","site":"news","id":"11936552","score":null,"sort":[1672691107000]},"guestAuthors":[],"slug":"how-new-title-ix-rules-could-affect-californias-transgender-and-nonbinary-students","title":"How New Title IX Rules Could Affect California's Transgender and Nonbinary Students","publishDate":1672691107,"format":"standard","headTitle":"CALmatters | KQED News","labelTerm":{"term":18481,"site":"news"},"content":"\u003cp>It took Xander nearly a decade to try community college again.\u003c/p>\n\u003cp>The incoming American River College student first attempted higher education in North Carolina in 2013. But navigating campus as a man who is transgender was a nightmare, said Xander, who’s now 30 and asked to use his first name only because he did not want to publicly reveal that he is trans.\u003c/p>\n\u003cp>In the classroom, he said, people refused to call him Xander. Classmates misgendered him, deadnamed him — using his former name from before he transitioned — and told him he was in the wrong bathroom. He never knew when a confrontation might escalate to violence. Eventually, he said, he began living a double life, taking on different personas inside and outside the school walls.\u003c/p>\n\u003cp>“I was out to my friends, but at school I gave up with letting people deadname me and misgender me, like it wasn’t worth the fight anymore,” Xander said. “And it wasn’t worth the risk.”\u003c/p>\n\u003cp>Xander’s experiences mirror those of other transgender students in the U.S.; according to an April survey by The Williams Institute, a think tank at the UCLA School of Law, \u003ca href=\"https://williamsinstitute.law.ucla.edu/publications/transgender-higher-ed/\">more than a third of transgender people report experiencing bullying or harassment in college\u003c/a>.\u003c/p>\n\u003cp>President Joe Biden’s administration aims to protect students who identify as transgender and nonbinary from discrimination under new rules proposed in June and now making their way through the Education Department’s lengthy rulemaking process. If finalized, the changes to Title IX, the 50-year-old civil rights law, would clarify that its ban on discrimination on the basis of sex extends to sexual orientation and gender identity.\u003c/p>\n\u003cp>So what impact will the expanded protections have on college campuses in California, a state that has already passed laws barring discrimination based on gender identity and gender expression?\u003c/p>\n\u003cp>Legally, not so much, say civil rights lawyers. But the proposed guidelines will remove ambiguity about what Title IX covers and put more responsibility on schools to address discrimination, they say. Students and college employees who advocate for LGBTQ rights told the CalMatters College Journalism Network that while they applaud the change in federal policy, campuses must go beyond the letter of the law to ensure that they are safe and welcoming places for transgender and nonbinary people to learn.\u003c/p>\n\u003cp>“What we see is that queer and trans students generally feel less welcome on their college campuses and more concerned about their physical safety, but also their emotional safety,” said Emilie Mitchell, dean of social and behavioral sciences at Cosumnes River College and co-organizer of an annual LGBTQ+ summit for the state’s community colleges. “Are they going to be mistreated in a classroom? Is their identity going to be a class topic for debate?” The new rules are reassuring, she said, because they give “a lot less wiggle room to people who might want to behave in really destructive ways towards the queer and trans community.”\u003c/p>\n\u003cp>Among other changes, the guidelines require colleges to monitor their campuses for gender discrimination and “take prompt and effective action” to fix it — stronger language than the previous requirement to be “not deliberately indifferent.” And by explicitly writing in protections, they ensure that anti-LGBTQ discrimination can be handled under Title IX instead of being rerouted to other disciplinary processes, said Kel O’Hara, a staff attorney at Equal Rights Advocates, a legal and advocacy organization specializing in gender issues.\u003c/p>\n\u003cp>The new rules also could lead the federal Department of Education’s Office of Civil Rights to investigate more gender discrimination complaints against schools, said Carly Mee, a civil rights attorney at Trister, Ross, Schadler & Gold, PLLC.\u003c/p>\n\u003cp>“It’s important to have an external mechanism where you can go and file that complaint and say, ‘My school is not protecting my rights,’” she added. “That will be a big deal for trans and nonbinary students.”\u003c/p>\n\u003cp>The Education Department has already issued informal guidance saying that Title IX protections apply to gender and sexual orientation, but \u003ca href=\"https://19thnews.org/2022/07/title-ix-lgbtq-trans-sports-biden/\">a federal judge in July temporarily blocked the department from enforcing that interpretation in 20 states that sued\u003c/a>, saying the advice conflicted with anti-trans laws they’d already passed. Controversy has erupted in a number of states over whether transgender students should be allowed to participate on sports teams that correspond with their gender identity; the Biden administration has said it will issue a separate Title IX rule specifically addressing athletics.\u003c/p>\n\u003cp>Attorneys with the conservative Pacific Legal Foundation argued in a \u003ca href=\"https://pacificlegal.org/the-hill-biden-administration-threatens-free-speech-with-title-ix-gender-identity-rule/\">September op-ed in The Hill\u003c/a> that the new rules would “pose a severe threat to free speech” by censoring viewpoints such as that of a professor who “declines to use a student’s preferred pronoun because of her religious beliefs.”[pullquote align=\"right\" size=\"medium\" citation=\"Eli Erlick, co-founder of Trans Student Educational Resources\"]'While on paper, trans students are certainly protected in our schools, we don't always experience that.'[/pullquote]\u003c/p>\n\u003cp>In California, a \u003ca href=\"https://calmatters.org/education/higher-education/2021/12/transgender-students-california-deadnaming/\">new law took effect\u003c/a> this year requiring public colleges to update records for students who have legally changed their names, including as a result of a gender transition, and allowing graduates to request an updated copy of their diploma for free. Starting with the next academic year, colleges must allow students to self-identify their names on diplomas even without documentation of a legal name change.\u003c/p>\n\u003cp>The state’s public university systems say they are reviewing the impact the Title IX changes could have for their respective campuses, with University of California spokesperson Stett Holbrook saying they “represent a great improvement over the regulations issued by the previous administration in 2020, many of which UC opposed.”\u003c/p>\n\u003cp>UC campuses are also \u003ca href=\"https://ucnet.universityofcalifornia.edu/news/2020/11/president-drake-announces-new-presidential-policy-on-gender-recognition-and-lived-name.html\">rolling out a gender recognition policy\u003c/a> that goes beyond the state law to ensure people are identified by their accurate gender identity and name in all their interactions with the university. Another state law will require the community colleges to do the same, starting next fall.\u003c/p>\n\u003cp>Transgender and nonbinary students say policies alone aren’t enough.\u003c/p>\n\u003cp>“While on paper, trans students are certainly protected in our schools, we don’t always experience that,” said Eli Erlick, a doctoral student at UC Santa Cruz who co-founded Trans Student Educational Resources, a national organization led by trans youth.\u003c/p>\n\u003cp>Erlick said it’s crucial to have campus support networks built by and for trans people.\u003c/p>\n\u003cp>When she co-founded the organization, she said, “this was the idea: to help people understand their rights, know their choices and opportunities and know what they can do to protect themselves.”\u003c/p>\n\u003cp>At UC Santa Cruz, Fénix López, a fourth-year undergraduate, has built their own community on campus. Lopez, who identifies as queer and nonbinary, helps run the Lavender Club, a queer undergraduate group, and is a resident assistant for the LGBTQ-themed floor in their college residence hall.\u003c/p>\n\u003cp>“As a queer person, I feel like I have to make my own spaces,” they said. This year, those spaces include a “Queersgiving” event that the club hosted.\u003c/p>\n\u003cp>“The point was to kind of celebrate not Thanksgiving but gathering with your friends, having a meal with your found family, because I know that the holidays can be rough for a lot of queer individuals,” López said.\u003c/p>\n\u003cp>Universities need to pay more attention to meeting transgender and nonbinary students’ basic needs, López said, which include not just housing and food but “making sure you have a community, that you feel that you have that sense of belonging.”\u003c/p>\n\u003cp>Despite the protections California transgender and nonbinary students have, campus staff who work with those students say they still regularly hear reports of misgendering and other negative experiences on campus.\u003c/p>\n\u003cp>delfín bautista, director of the Lionel Cantú Queer Resource Center at UC Santa Cruz, said that while California was more welcoming to transgender and nonbinary students than Florida and Ohio, where they previously lived, “students do feel invisible, and they don’t feel necessarily embraced and affirmed.”[pullquote align=\"right\" size=\"medium\" citation=\"Emilie Mitchell, dean of social and behavioral sciences at Cosumnes River College\"]'What we see is that queer and trans students generally feel less welcome on their college campuses and more concerned about their physical safety, but also their emotional safety.'[/pullquote]Per California law, all single-stall restrooms on the UC Santa Cruz campus are gender neutral – but they are in short supply, said bautista, who lower-cases their first and last name. And while UC Santa Cruz policy says that athletes can use whatever locker room they identify with, that doesn’t mean they always feel safe doing so, bautista said.\u003c/p>\n\u003cp>At UC Berkeley, graduate students often tell Em Huang, the campus’s director of LGBTQ+ Advancement and Equity, that the professors they work with misgender them or call them by an incorrect name. It can be easier for that to happen in small labs, Huang said, where there are fewer people around to speak up and the student feels isolated.\u003c/p>\n\u003cp>O’Hara, the Equal Rights Advocates attorney, said that when representing students in Title IX proceedings, they have been misgendered by Title IX coordinators and so have their clients.\u003c/p>\n\u003cp>“If you’re trying to seek safety and protection and resolution on campus, but the people you’re interacting with barely understand you, that doesn’t feel safe, that doesn’t feel OK,” O’Hara said.\u003c/p>\n\u003cp>At American River College, where Mitchell used to work, a 2019 survey found that nearly one-third of about 1200 students felt it was necessary to hide their gender identity from fellow students, with an equal number saying they hid it from their professors.\u003c/p>\n\u003cp>While the college has a Pride Center, Mitchell estimated that fewer than a dozen of the state’s 115 community college campuses have such a center with at least one paid staff person.\u003c/p>\n\u003cp>“There are a lot of campuses that rely on unpaid volunteer staff or advocates,” Mitchell said. “When you’re talking about institutional support, right, an institution saying, ‘We’re really interested in providing high-level services to our queer and trans students,’ I don’t know how you do that when you rest all those efforts on the shoulders of the committed but unpaid.”\u003c/p>\n\u003cp>The state Legislature allocated $10 million last year to California community colleges to support LGBTQ students; Melissa Villarin, a spokesperson for the Chancellor’s Office, said colleges are using the funds for LGBTQ-focused centers and curriculum, professional development and mental health care, among other services.\u003c/p>\n\u003cp>Campus advocates say students often are confused about Title IX and what their rights are under the law. Some said universities should create and publicly post an LGBTQ bill of rights, and that the Department of Education should give schools specific examples of prohibited types of conduct unique to transgender and nonbinary students.\u003c/p>\n\u003cp>The new Title IX rules, said O’Hara, could also make a difference in cases like California State University’s Maritime Academy, where the \u003cem>\u003ca href=\"https://www.latimes.com/california/story/2022-12-13/csu-maritime-academy-women-trans-nonbinary-harassment\">Los Angeles Times\u003c/a>\u003c/em> reported that “claims of widespread sexual misconduct, homophobia, transphobia and racism” have roiled the campus. One cadet filed a Title IX report over messages in a group text chat where cadet leaders mocked LGBTQ classmates, according to the Times, but both the campus and the Cal State chancellor’s office found that the chat, which did not name any person, was protected speech under the First Amendment.\u003c/p>\n\u003cp>O’Hara, who is not involved in the case, said that their first question as a Title IX attorney would be, “OK, what else is going on?”\u003c/p>\n\u003cp>“Because if that’s how your classmates are talking about you in their private messages, chances are they’re doing other things to make you feel uncomfortable in your identity,” O’Hara said. The new rules’ affirmative monitoring requirement would put the responsibility on the school to gather that evidence, O’Hara said.\u003c/p>\n\u003cp>In addition to the challenges, transgender students also told the CalMatters College Journalism Network about times they felt supported on campus.\u003c/p>\n\u003cp>Erlick, who received her bachelor’s degree from Pitzer College, said there were a lot more resources there, and later at UC Santa Cruz, than in her hometown of Mendocino County. She found student groups that helped her thrive and learn in an academic environment that also incorporated queer and trans people, she said.\u003c/p>\n\u003cp>As Xander navigates the enrollment process at American River College, he said staff never mention his former name out loud if it appears in legal documents. Instead, to avoid outing him, they’ll show him the name on a computer screen or say the first initial, he said.\u003c/p>\n\u003cp>While working to have his name changed in the college’s system, he connected with a staff member who told him, “Oh, I understand. I’m nonbinary. I went through a name change.”\u003c/p>\n\u003cp>“I was like, wow, that’s super cool. Like knowing that there’s a trans person on staff,” Xander said. “And so that made me feel safer. It made me feel a lot better actually.”\u003c/p>\n\u003cp>\u003cem>Shaikh is a former fellow with the \u003c/em>\u003ca href=\"http://www.calmatters.org/projects/college-journalism-network\">\u003cem>CalMatters College Journalism Network\u003c/em>\u003c/a>\u003cem>, a collaboration between CalMatters and student journalists from across California. Network fellow Oden Taylor contributed reporting. This story and other higher education coverage are supported by the College Futures Foundation.\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"New Title IX rules barring gender discrimination could put more responsibility on colleges to protect transgender and nonbinary students. But those students say creating welcoming campuses will require more than just policy.","status":"publish","parent":0,"modified":1672791930,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":46,"wordCount":2344},"headData":{"title":"How New Title IX Rules Could Affect California's Transgender and Nonbinary Students | KQED","description":"New Title IX rules barring gender discrimination could put more responsibility on colleges to protect transgender and nonbinary students. But those students say creating welcoming campuses will require more than just policy.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"How New Title IX Rules Could Affect California's Transgender and Nonbinary Students","datePublished":"2023-01-02T20:25:07.000Z","dateModified":"2023-01-04T00:25:30.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"nprByline":"\u003ca href=\"https://calmatters.org/author/zaeem-shaikh/\">Zaeem Shaikh\u003c/a>","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11936552/how-new-title-ix-rules-could-affect-californias-transgender-and-nonbinary-students","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>It took Xander nearly a decade to try community college again.\u003c/p>\n\u003cp>The incoming American River College student first attempted higher education in North Carolina in 2013. But navigating campus as a man who is transgender was a nightmare, said Xander, who’s now 30 and asked to use his first name only because he did not want to publicly reveal that he is trans.\u003c/p>\n\u003cp>In the classroom, he said, people refused to call him Xander. Classmates misgendered him, deadnamed him — using his former name from before he transitioned — and told him he was in the wrong bathroom. He never knew when a confrontation might escalate to violence. Eventually, he said, he began living a double life, taking on different personas inside and outside the school walls.\u003c/p>\n\u003cp>“I was out to my friends, but at school I gave up with letting people deadname me and misgender me, like it wasn’t worth the fight anymore,” Xander said. “And it wasn’t worth the risk.”\u003c/p>\n\u003cp>Xander’s experiences mirror those of other transgender students in the U.S.; according to an April survey by The Williams Institute, a think tank at the UCLA School of Law, \u003ca href=\"https://williamsinstitute.law.ucla.edu/publications/transgender-higher-ed/\">more than a third of transgender people report experiencing bullying or harassment in college\u003c/a>.\u003c/p>\n\u003cp>President Joe Biden’s administration aims to protect students who identify as transgender and nonbinary from discrimination under new rules proposed in June and now making their way through the Education Department’s lengthy rulemaking process. If finalized, the changes to Title IX, the 50-year-old civil rights law, would clarify that its ban on discrimination on the basis of sex extends to sexual orientation and gender identity.\u003c/p>\n\u003cp>So what impact will the expanded protections have on college campuses in California, a state that has already passed laws barring discrimination based on gender identity and gender expression?\u003c/p>\n\u003cp>Legally, not so much, say civil rights lawyers. But the proposed guidelines will remove ambiguity about what Title IX covers and put more responsibility on schools to address discrimination, they say. Students and college employees who advocate for LGBTQ rights told the CalMatters College Journalism Network that while they applaud the change in federal policy, campuses must go beyond the letter of the law to ensure that they are safe and welcoming places for transgender and nonbinary people to learn.\u003c/p>\n\u003cp>“What we see is that queer and trans students generally feel less welcome on their college campuses and more concerned about their physical safety, but also their emotional safety,” said Emilie Mitchell, dean of social and behavioral sciences at Cosumnes River College and co-organizer of an annual LGBTQ+ summit for the state’s community colleges. “Are they going to be mistreated in a classroom? Is their identity going to be a class topic for debate?” The new rules are reassuring, she said, because they give “a lot less wiggle room to people who might want to behave in really destructive ways towards the queer and trans community.”\u003c/p>\n\u003cp>Among other changes, the guidelines require colleges to monitor their campuses for gender discrimination and “take prompt and effective action” to fix it — stronger language than the previous requirement to be “not deliberately indifferent.” And by explicitly writing in protections, they ensure that anti-LGBTQ discrimination can be handled under Title IX instead of being rerouted to other disciplinary processes, said Kel O’Hara, a staff attorney at Equal Rights Advocates, a legal and advocacy organization specializing in gender issues.\u003c/p>\n\u003cp>The new rules also could lead the federal Department of Education’s Office of Civil Rights to investigate more gender discrimination complaints against schools, said Carly Mee, a civil rights attorney at Trister, Ross, Schadler & Gold, PLLC.\u003c/p>\n\u003cp>“It’s important to have an external mechanism where you can go and file that complaint and say, ‘My school is not protecting my rights,’” she added. “That will be a big deal for trans and nonbinary students.”\u003c/p>\n\u003cp>The Education Department has already issued informal guidance saying that Title IX protections apply to gender and sexual orientation, but \u003ca href=\"https://19thnews.org/2022/07/title-ix-lgbtq-trans-sports-biden/\">a federal judge in July temporarily blocked the department from enforcing that interpretation in 20 states that sued\u003c/a>, saying the advice conflicted with anti-trans laws they’d already passed. Controversy has erupted in a number of states over whether transgender students should be allowed to participate on sports teams that correspond with their gender identity; the Biden administration has said it will issue a separate Title IX rule specifically addressing athletics.\u003c/p>\n\u003cp>Attorneys with the conservative Pacific Legal Foundation argued in a \u003ca href=\"https://pacificlegal.org/the-hill-biden-administration-threatens-free-speech-with-title-ix-gender-identity-rule/\">September op-ed in The Hill\u003c/a> that the new rules would “pose a severe threat to free speech” by censoring viewpoints such as that of a professor who “declines to use a student’s preferred pronoun because of her religious beliefs.”\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'While on paper, trans students are certainly protected in our schools, we don't always experience that.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Eli Erlick, co-founder of Trans Student Educational Resources","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In California, a \u003ca href=\"https://calmatters.org/education/higher-education/2021/12/transgender-students-california-deadnaming/\">new law took effect\u003c/a> this year requiring public colleges to update records for students who have legally changed their names, including as a result of a gender transition, and allowing graduates to request an updated copy of their diploma for free. Starting with the next academic year, colleges must allow students to self-identify their names on diplomas even without documentation of a legal name change.\u003c/p>\n\u003cp>The state’s public university systems say they are reviewing the impact the Title IX changes could have for their respective campuses, with University of California spokesperson Stett Holbrook saying they “represent a great improvement over the regulations issued by the previous administration in 2020, many of which UC opposed.”\u003c/p>\n\u003cp>UC campuses are also \u003ca href=\"https://ucnet.universityofcalifornia.edu/news/2020/11/president-drake-announces-new-presidential-policy-on-gender-recognition-and-lived-name.html\">rolling out a gender recognition policy\u003c/a> that goes beyond the state law to ensure people are identified by their accurate gender identity and name in all their interactions with the university. Another state law will require the community colleges to do the same, starting next fall.\u003c/p>\n\u003cp>Transgender and nonbinary students say policies alone aren’t enough.\u003c/p>\n\u003cp>“While on paper, trans students are certainly protected in our schools, we don’t always experience that,” said Eli Erlick, a doctoral student at UC Santa Cruz who co-founded Trans Student Educational Resources, a national organization led by trans youth.\u003c/p>\n\u003cp>Erlick said it’s crucial to have campus support networks built by and for trans people.\u003c/p>\n\u003cp>When she co-founded the organization, she said, “this was the idea: to help people understand their rights, know their choices and opportunities and know what they can do to protect themselves.”\u003c/p>\n\u003cp>At UC Santa Cruz, Fénix López, a fourth-year undergraduate, has built their own community on campus. Lopez, who identifies as queer and nonbinary, helps run the Lavender Club, a queer undergraduate group, and is a resident assistant for the LGBTQ-themed floor in their college residence hall.\u003c/p>\n\u003cp>“As a queer person, I feel like I have to make my own spaces,” they said. This year, those spaces include a “Queersgiving” event that the club hosted.\u003c/p>\n\u003cp>“The point was to kind of celebrate not Thanksgiving but gathering with your friends, having a meal with your found family, because I know that the holidays can be rough for a lot of queer individuals,” López said.\u003c/p>\n\u003cp>Universities need to pay more attention to meeting transgender and nonbinary students’ basic needs, López said, which include not just housing and food but “making sure you have a community, that you feel that you have that sense of belonging.”\u003c/p>\n\u003cp>Despite the protections California transgender and nonbinary students have, campus staff who work with those students say they still regularly hear reports of misgendering and other negative experiences on campus.\u003c/p>\n\u003cp>delfín bautista, director of the Lionel Cantú Queer Resource Center at UC Santa Cruz, said that while California was more welcoming to transgender and nonbinary students than Florida and Ohio, where they previously lived, “students do feel invisible, and they don’t feel necessarily embraced and affirmed.”\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'What we see is that queer and trans students generally feel less welcome on their college campuses and more concerned about their physical safety, but also their emotional safety.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Emilie Mitchell, dean of social and behavioral sciences at Cosumnes River College","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Per California law, all single-stall restrooms on the UC Santa Cruz campus are gender neutral – but they are in short supply, said bautista, who lower-cases their first and last name. And while UC Santa Cruz policy says that athletes can use whatever locker room they identify with, that doesn’t mean they always feel safe doing so, bautista said.\u003c/p>\n\u003cp>At UC Berkeley, graduate students often tell Em Huang, the campus’s director of LGBTQ+ Advancement and Equity, that the professors they work with misgender them or call them by an incorrect name. It can be easier for that to happen in small labs, Huang said, where there are fewer people around to speak up and the student feels isolated.\u003c/p>\n\u003cp>O’Hara, the Equal Rights Advocates attorney, said that when representing students in Title IX proceedings, they have been misgendered by Title IX coordinators and so have their clients.\u003c/p>\n\u003cp>“If you’re trying to seek safety and protection and resolution on campus, but the people you’re interacting with barely understand you, that doesn’t feel safe, that doesn’t feel OK,” O’Hara said.\u003c/p>\n\u003cp>At American River College, where Mitchell used to work, a 2019 survey found that nearly one-third of about 1200 students felt it was necessary to hide their gender identity from fellow students, with an equal number saying they hid it from their professors.\u003c/p>\n\u003cp>While the college has a Pride Center, Mitchell estimated that fewer than a dozen of the state’s 115 community college campuses have such a center with at least one paid staff person.\u003c/p>\n\u003cp>“There are a lot of campuses that rely on unpaid volunteer staff or advocates,” Mitchell said. “When you’re talking about institutional support, right, an institution saying, ‘We’re really interested in providing high-level services to our queer and trans students,’ I don’t know how you do that when you rest all those efforts on the shoulders of the committed but unpaid.”\u003c/p>\n\u003cp>The state Legislature allocated $10 million last year to California community colleges to support LGBTQ students; Melissa Villarin, a spokesperson for the Chancellor’s Office, said colleges are using the funds for LGBTQ-focused centers and curriculum, professional development and mental health care, among other services.\u003c/p>\n\u003cp>Campus advocates say students often are confused about Title IX and what their rights are under the law. Some said universities should create and publicly post an LGBTQ bill of rights, and that the Department of Education should give schools specific examples of prohibited types of conduct unique to transgender and nonbinary students.\u003c/p>\n\u003cp>The new Title IX rules, said O’Hara, could also make a difference in cases like California State University’s Maritime Academy, where the \u003cem>\u003ca href=\"https://www.latimes.com/california/story/2022-12-13/csu-maritime-academy-women-trans-nonbinary-harassment\">Los Angeles Times\u003c/a>\u003c/em> reported that “claims of widespread sexual misconduct, homophobia, transphobia and racism” have roiled the campus. One cadet filed a Title IX report over messages in a group text chat where cadet leaders mocked LGBTQ classmates, according to the Times, but both the campus and the Cal State chancellor’s office found that the chat, which did not name any person, was protected speech under the First Amendment.\u003c/p>\n\u003cp>O’Hara, who is not involved in the case, said that their first question as a Title IX attorney would be, “OK, what else is going on?”\u003c/p>\n\u003cp>“Because if that’s how your classmates are talking about you in their private messages, chances are they’re doing other things to make you feel uncomfortable in your identity,” O’Hara said. The new rules’ affirmative monitoring requirement would put the responsibility on the school to gather that evidence, O’Hara said.\u003c/p>\n\u003cp>In addition to the challenges, transgender students also told the CalMatters College Journalism Network about times they felt supported on campus.\u003c/p>\n\u003cp>Erlick, who received her bachelor’s degree from Pitzer College, said there were a lot more resources there, and later at UC Santa Cruz, than in her hometown of Mendocino County. She found student groups that helped her thrive and learn in an academic environment that also incorporated queer and trans people, she said.\u003c/p>\n\u003cp>As Xander navigates the enrollment process at American River College, he said staff never mention his former name out loud if it appears in legal documents. Instead, to avoid outing him, they’ll show him the name on a computer screen or say the first initial, he said.\u003c/p>\n\u003cp>While working to have his name changed in the college’s system, he connected with a staff member who told him, “Oh, I understand. I’m nonbinary. I went through a name change.”\u003c/p>\n\u003cp>“I was like, wow, that’s super cool. Like knowing that there’s a trans person on staff,” Xander said. “And so that made me feel safer. It made me feel a lot better actually.”\u003c/p>\n\u003cp>\u003cem>Shaikh is a former fellow with the \u003c/em>\u003ca href=\"http://www.calmatters.org/projects/college-journalism-network\">\u003cem>CalMatters College Journalism Network\u003c/em>\u003c/a>\u003cem>, a collaboration between CalMatters and student journalists from across California. Network fellow Oden Taylor contributed reporting. This story and other higher education coverage are supported by the College Futures Foundation.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11936552/how-new-title-ix-rules-could-affect-californias-transgender-and-nonbinary-students","authors":["byline_news_11936552"],"categories":["news_6188","news_8"],"tags":["news_32239","news_24732","news_6215","news_2486"],"affiliates":["news_18481"],"featImg":"news_11936632","label":"news_18481"},"news_11928094":{"type":"posts","id":"news_11928094","meta":{"index":"posts_1591205157","site":"news","id":"11928094","score":null,"sort":[1665241235000]},"guestAuthors":[],"slug":"reporting-sexual-misconduct-in-high-school-can-be-traumatic-a-new-position-at-berkeley-unified-aims-to-help","title":"Reporting Sexual Misconduct in High School Can Be Traumatic. A New Position at Berkeley Unified Aims to Help","publishDate":1665241235,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>\u003cspan style=\"font-weight: 400\">During her junior year at Berkeley High last fall, Ava Murakami overheard a classmate make vulgar, sexual comments about a teacher.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Murakami was disturbed, and said the student had also made derogatory and offensive comments about women and their physical appearances. She decided to file a formal complaint through Title IX, the federal law that bans discrimination based on sexual orientation and gender identity in schools. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“The intention was that I would file the report on behalf of my community, be the person who stepped up and didn’t let it keep going on forever,” she said. “I thought it would be one and done. I sign the paper, it’s done with.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But that’s not what happened. Instead, she said the process was drawn out and cryptic, and involved dozens of email exchanges. She said it was difficult to get answers on the status of her complaint, which she was told would be confidential. Then, months into the process, she learned that her name could be shared if students’ parents asked for that information. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I was confused,” she said. “So I withdrew (the complaint), despite already feeling exposed.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Now, as the commissioner of Women’s Rights and Equity at Berkeley High, Murakami aims to help other students avoid that experience. She hopes a newly created role in the district, called a \u003c/span>\u003ca href=\"https://www.edjoin.org/Home/DistrictJobPosting/1656192\">\u003cspan style=\"font-weight: 400\">Title IX Student Support Counselor\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">, could make a difference. The district is still hiring for the position, but whoever takes on the job will provide counseling and guidance for students going through the complicated and arduous process of filing Title IX complaints. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">In an interview with KQED, Berkeley Superintendent Enikia Ford Morthel said she could not comment on the specifics of what occurred in that case. But she said the district is committed to making sure students and staff know what their rights are, which is part of the reason this new role was created. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“It's not just about the investigation itself and the outcome, it's about, ‘How do I help you heal? How do I help you navigate while you're in real time experiencing the fallout?,’” Ford Morthel said. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The proposal for the position was initially drafted “out of pure rage” by Genevieve Mage, a yearbook advisor at Berkeley High. Mage is the same teacher who helped uncover sexual assault allegations against Matt Bissell, a former chemistry teacher at Berkeley High. A \u003ca href=\"https://www.berkeleyside.org/2021/11/23/berkeley-high-knew-about-matthew-bissell-sexual-misconduct-allegations\">Berkeleyside investigation\u003c/a> found Berkeley High knew of allegations that he sexually harassed students before he was allowed to quietly resign in 2021. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Mage said students turn to her for help because they trust her, but she is not paid to be a therapist, an investigator and a teacher at the same time. \u003c/span>\u003c/p>\n\u003cfigure id=\"attachment_11928108\" class=\"wp-caption alignnone\" style=\"max-width: 1024px\">\u003cimg class=\"size-full wp-image-11928108\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/RS2790_berkeleyhighschool20120419.jpg\" alt=\"The white facade of Berkeley High School, with the name of the school written above the entrance.\" width=\"1024\" height=\"768\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/RS2790_berkeleyhighschool20120419.jpg 1024w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/RS2790_berkeleyhighschool20120419-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/RS2790_berkeleyhighschool20120419-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/RS2790_berkeleyhighschool20120419-160x120.jpg 160w\" sizes=\"(max-width: 1024px) 100vw, 1024px\">\u003cfigcaption class=\"wp-caption-text\">The commissioner of Women's Rights and Equity at Berkeley High School hopes the newly created role of Title IX Student Support Counselor will make a difference in helping both students and staff navigate the process of reporting sexual abuse and misconduct. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cspan style=\"font-weight: 400\">She also saw firsthand last school year how agonizing the Title IX process can be. She says a student had threatened to rape and kill her, and the student stayed in her class for about a week after she asked for him to be removed for her safety. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">When his behavior continued outside of her class, she filed a Title IX complaint, which she also expected to be kept confidential. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I inadvertently outed students that had come to me in confidence and told me what had happened,” she said. “You also have to imagine that I have power. I have tenure. I have a union to support me legally. How do you think a 15-year-old feels?” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The Title IX Student Support Counselor, a role more common on college campuses but rare in high schools, would advocate for the needs and emotional well-being of students, including for those who file complaints and for people who are accused. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">It’s also designed to address economic disadvantages where students with access to attorneys receive guidance and support, and students with fewer resources can be left on their own. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Title IX cares about government compliance. The district cares about liability and who's going to get sued. And the student is trapped between both of those adults,” Mage explained. “There is no one there that's just like, ‘Hey, what do you need? What do you want to happen?’” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Mage is optimistic, but also worries that the district will struggle to hire someone for the position while the school year is already underway, especially when interviewing for the job has yet to begin. The district has grappled with high turnover and low resources in the Title IX office for years. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">On top of the student advocate role, the district will need to hire a new investigator after the previous person in that post stepped down in September. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The federal rules governing how schools respond to Title IX complaints are also expected to change by the next school year, a move many advocates for victims and survivors are eager to see. The Biden administration is in the process of overturning Title IX regulations adopted by former Secretary of Education Betsy DeVos, which offered greater protections for people accused of misconduct and significantly narrowed the definition of sexual harassment. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">As for Ava Murakami, she says a few weeks ago she met with the district’s Title IX coordinator and compliance officer, Jasmina Viteskic, who started the job in November. Viteskic holds office hours for students at Berkeley High twice a week. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Murakami said Viteskic walked her through the Title IX process, providing the kind of transparency that was missing when she first sought out help. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“And she explained to me, ‘This is where they did you wrong,’” Murakami said. “I just kept having this, like, ‘Oh,’ moment of just, like, ‘Oh, that’s what happened with my report.’ So I actually feel a lot better.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Murakami said Viteskic also brought up the demands fellow students had drafted when they first walked out of class to protest the school’s response to sexual misconduct back in 2020. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“That was crazy cool,” Murakami said. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The demands include regular training on consent for student athletes as well as a long-term and properly paid Title IX coordinator. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Students like Murakami plan to continue revising the demands this year based on the school’s progress, and on what their classmates need.\u003c/span>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"The new position of Title IX Student Support Counselor at Berkeley Unified School District aims to help staff and students navigate the processes and manage the pitfalls of reporting sexual abuse and misconduct in Berkeley high schools.","status":"publish","parent":0,"modified":1665240792,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":28,"wordCount":1144},"headData":{"title":"Reporting Sexual Misconduct in High School Can Be Traumatic. A New Position at Berkeley Unified Aims to Help | KQED","description":"The new position of Title IX Student Support Counselor at Berkeley Unified School District aims to help staff and students navigate the processes and manage the pitfalls of reporting sexual abuse and misconduct in Berkeley high schools.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Reporting Sexual Misconduct in High School Can Be Traumatic. A New Position at Berkeley Unified Aims to Help","datePublished":"2022-10-08T15:00:35.000Z","dateModified":"2022-10-08T14:53:12.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11928094 https://ww2.kqed.org/news/?p=11928094","disqusUrl":"https://ww2.kqed.org/news/2022/10/08/reporting-sexual-misconduct-in-high-school-can-be-traumatic-a-new-position-at-berkeley-unified-aims-to-help/","disqusTitle":"Reporting Sexual Misconduct in High School Can Be Traumatic. A New Position at Berkeley Unified Aims to Help","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-4[…]f-aaef00f5a073/df981bfd-8a4f-4ca9-a143-af18011c5599/audio.mp3","excludeFromSiteSearch":"Include","path":"/news/11928094/reporting-sexual-misconduct-in-high-school-can-be-traumatic-a-new-position-at-berkeley-unified-aims-to-help","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cspan style=\"font-weight: 400\">During her junior year at Berkeley High last fall, Ava Murakami overheard a classmate make vulgar, sexual comments about a teacher.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Murakami was disturbed, and said the student had also made derogatory and offensive comments about women and their physical appearances. She decided to file a formal complaint through Title IX, the federal law that bans discrimination based on sexual orientation and gender identity in schools. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“The intention was that I would file the report on behalf of my community, be the person who stepped up and didn’t let it keep going on forever,” she said. “I thought it would be one and done. I sign the paper, it’s done with.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But that’s not what happened. Instead, she said the process was drawn out and cryptic, and involved dozens of email exchanges. She said it was difficult to get answers on the status of her complaint, which she was told would be confidential. Then, months into the process, she learned that her name could be shared if students’ parents asked for that information. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I was confused,” she said. “So I withdrew (the complaint), despite already feeling exposed.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Now, as the commissioner of Women’s Rights and Equity at Berkeley High, Murakami aims to help other students avoid that experience. She hopes a newly created role in the district, called a \u003c/span>\u003ca href=\"https://www.edjoin.org/Home/DistrictJobPosting/1656192\">\u003cspan style=\"font-weight: 400\">Title IX Student Support Counselor\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">, could make a difference. The district is still hiring for the position, but whoever takes on the job will provide counseling and guidance for students going through the complicated and arduous process of filing Title IX complaints. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">In an interview with KQED, Berkeley Superintendent Enikia Ford Morthel said she could not comment on the specifics of what occurred in that case. But she said the district is committed to making sure students and staff know what their rights are, which is part of the reason this new role was created. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“It's not just about the investigation itself and the outcome, it's about, ‘How do I help you heal? How do I help you navigate while you're in real time experiencing the fallout?,’” Ford Morthel said. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The proposal for the position was initially drafted “out of pure rage” by Genevieve Mage, a yearbook advisor at Berkeley High. Mage is the same teacher who helped uncover sexual assault allegations against Matt Bissell, a former chemistry teacher at Berkeley High. A \u003ca href=\"https://www.berkeleyside.org/2021/11/23/berkeley-high-knew-about-matthew-bissell-sexual-misconduct-allegations\">Berkeleyside investigation\u003c/a> found Berkeley High knew of allegations that he sexually harassed students before he was allowed to quietly resign in 2021. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Mage said students turn to her for help because they trust her, but she is not paid to be a therapist, an investigator and a teacher at the same time. \u003c/span>\u003c/p>\n\u003cfigure id=\"attachment_11928108\" class=\"wp-caption alignnone\" style=\"max-width: 1024px\">\u003cimg class=\"size-full wp-image-11928108\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/RS2790_berkeleyhighschool20120419.jpg\" alt=\"The white facade of Berkeley High School, with the name of the school written above the entrance.\" width=\"1024\" height=\"768\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/RS2790_berkeleyhighschool20120419.jpg 1024w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/RS2790_berkeleyhighschool20120419-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/RS2790_berkeleyhighschool20120419-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/RS2790_berkeleyhighschool20120419-160x120.jpg 160w\" sizes=\"(max-width: 1024px) 100vw, 1024px\">\u003cfigcaption class=\"wp-caption-text\">The commissioner of Women's Rights and Equity at Berkeley High School hopes the newly created role of Title IX Student Support Counselor will make a difference in helping both students and staff navigate the process of reporting sexual abuse and misconduct. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cspan style=\"font-weight: 400\">She also saw firsthand last school year how agonizing the Title IX process can be. She says a student had threatened to rape and kill her, and the student stayed in her class for about a week after she asked for him to be removed for her safety. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">When his behavior continued outside of her class, she filed a Title IX complaint, which she also expected to be kept confidential. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I inadvertently outed students that had come to me in confidence and told me what had happened,” she said. “You also have to imagine that I have power. I have tenure. I have a union to support me legally. How do you think a 15-year-old feels?” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The Title IX Student Support Counselor, a role more common on college campuses but rare in high schools, would advocate for the needs and emotional well-being of students, including for those who file complaints and for people who are accused. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">It’s also designed to address economic disadvantages where students with access to attorneys receive guidance and support, and students with fewer resources can be left on their own. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Title IX cares about government compliance. The district cares about liability and who's going to get sued. And the student is trapped between both of those adults,” Mage explained. “There is no one there that's just like, ‘Hey, what do you need? What do you want to happen?’” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Mage is optimistic, but also worries that the district will struggle to hire someone for the position while the school year is already underway, especially when interviewing for the job has yet to begin. The district has grappled with high turnover and low resources in the Title IX office for years. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">On top of the student advocate role, the district will need to hire a new investigator after the previous person in that post stepped down in September. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The federal rules governing how schools respond to Title IX complaints are also expected to change by the next school year, a move many advocates for victims and survivors are eager to see. The Biden administration is in the process of overturning Title IX regulations adopted by former Secretary of Education Betsy DeVos, which offered greater protections for people accused of misconduct and significantly narrowed the definition of sexual harassment. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">As for Ava Murakami, she says a few weeks ago she met with the district’s Title IX coordinator and compliance officer, Jasmina Viteskic, who started the job in November. Viteskic holds office hours for students at Berkeley High twice a week. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Murakami said Viteskic walked her through the Title IX process, providing the kind of transparency that was missing when she first sought out help. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“And she explained to me, ‘This is where they did you wrong,’” Murakami said. “I just kept having this, like, ‘Oh,’ moment of just, like, ‘Oh, that’s what happened with my report.’ So I actually feel a lot better.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Murakami said Viteskic also brought up the demands fellow students had drafted when they first walked out of class to protest the school’s response to sexual misconduct back in 2020. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“That was crazy cool,” Murakami said. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The demands include regular training on consent for student athletes as well as a long-term and properly paid Title IX coordinator. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Students like Murakami plan to continue revising the demands this year based on the school’s progress, and on what their classmates need.\u003c/span>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11928094/reporting-sexual-misconduct-in-high-school-can-be-traumatic-a-new-position-at-berkeley-unified-aims-to-help","authors":["11635"],"categories":["news_6188","news_8"],"tags":["news_31779","news_31177","news_22602","news_6215"],"featImg":"news_11928106","label":"news"},"news_11876356":{"type":"posts","id":"news_11876356","meta":{"index":"posts_1591205157","site":"news","id":"11876356","score":null,"sort":[1622811634000]},"guestAuthors":[],"slug":"how-high-school-students-launched-their-own-metoo-movement-during-the-pandemic","title":"How High School Students Launched Their Own #MeToo Movement During the Pandemic","publishDate":1622811634,"format":"audio","headTitle":"The California Report Magazine | KQED News","labelTerm":{"term":26731,"site":"news"},"content":"\u003cp>When most schools across California shut down last year, teenagers were stuck at home. For many of them, that meant months alone to reflect on experiences of trauma in high school. But they didn’t all keep that pain to themselves. Instead, young people created dozens of Instagram accounts for students and alums to share their stories.\u003c/p>\n\u003cp>Linh is one of those students. We're only using her middle name to protect her privacy. She's a senior at Mira Mesa High School in San Diego County, and she runs an Instagram account called @metooinsd where students and alums anonymously share experiences of harassment and assault.\u003c/p>\n\u003cp>https://www.instagram.com/p/CPEC75-j731/\u003c/p>\n\u003cp>She said part of what motivated her to run the account is her own experience as a survivor. She said she was sexually assaulted by an ex-boyfriend, but didn't recognize how damaging the relationship was until after it was over.\u003c/p>\n\u003cp>\"I was gaslighted to the point where I thought, 'He loves me' or whatever, which obviously is not true,\" she said. \"But when you're in it like that, it feels like it is true.\"\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Linh, Mira Mesa High School senior\"]'If I stop, that's letting them win, and I refuse to do that.'[/pullquote]Linh said she still had to see him in band even after he was reported. The ex-boyfriend denied the allegations, and said he was never disciplined.\u003c/p>\n\u003cp>\"There were times where, you know, there was a concert and I walk into the storage room. He's right there and I just left,\" she said. \"I couldn't be there. I still had to see him, in the hallways, in the library, I still had to see him.\"\u003c/p>\n\u003cp>The account she runs has helped Linh heal, and feel less alone. She said she's gotten threats for running the account, but it's too important to stop now.\u003c/p>\n\u003cp>\"If I stop, that's letting them win, and I refuse to do that,\" she said.\u003c/p>\n\u003cp>[aside postID='news_11859164' label='Related Coverage']In an email, Maureen Magee, spokesperson with the San Diego Unified School District, said the district has made police aware of the account, and that allegations made anonymously are difficult to investigate. Magee said the district has also worked with student leaders to get the word out about how to recognize and report abuse.\u003c/p>\n\u003cp>There are dozens of accounts like the San Diego Instagram page throughout California, including one for students in the affluent Silicon Valley town of Los Gatos.\u003c/p>\n\u003cp>A senior there, Natalie Brooks, made a film about the #MeToo movement happening at her school, and the backlash students faced for speaking out.\u003c/p>\n\u003cp>https://www.instagram.com/p/CJjVlz7pX90/\u003c/p>\n\u003cp>\"LG is idyllic, perfect teens in perfect clothes from perfect families. And don't forget the money. But like most seemingly perfect things, you can't see the cracks . . . yet,\" the film begins.\u003c/p>\n\u003cp>A post by one 15-year-old student, Mia Lozoya, inspired others to share their stories, and eventually set up their own \u003ca href=\"https://www.instagram.com/metoo.losgatos/\" target=\"_blank\" rel=\"noopener noreferrer\">Instagram account\u003c/a>. Since then, more than 100 students and alums have posted their experiences with harassment and assault on the account.\u003c/p>\n\u003cp>But student organizers say there was still a lot of pushback in response to the attention they were bringing to the football team.\u003c/p>\n\u003cfigure id=\"attachment_11876387\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11876387\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/Mia-Lozoya-@-LGHS-Rally-Courtesy-R.-Hansen-800x602.jpg\" alt=\"\" width=\"800\" height=\"602\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/Mia-Lozoya-@-LGHS-Rally-Courtesy-R.-Hansen-800x602.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/Mia-Lozoya-@-LGHS-Rally-Courtesy-R.-Hansen-1020x768.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/Mia-Lozoya-@-LGHS-Rally-Courtesy-R.-Hansen-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/Mia-Lozoya-@-LGHS-Rally-Courtesy-R.-Hansen-1536x1157.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/Mia-Lozoya-@-LGHS-Rally-Courtesy-R.-Hansen.jpg 1700w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Mia Lozoya ignited a movement at Los Gatos High School when she shared her experience with sexual assault on Instagram. \u003ccite>(Courtesy of R. Hansen)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>A Los Gatos alum, Abbi Berry, saw the post from Lozoya, and wrote an email describing how the culture of the football team allowed players to continue to abuse young women.\u003c/p>\n\u003cp>\"And my mom didn't want me to send it. She was like, you could get in trouble or you could get this backlash. And I remember literally being like, I don't care, this is an issue,\" she said. \"And I was so angry. I was just so — I was just livid. I was enraged.\"\u003c/p>\n\u003cp>She sent the email to all Los Gatos High School staff, and wrote that the entire community was complicit in these issues. She signed it as a survivor.\u003c/p>\n\u003cfigure id=\"attachment_11876388\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11876388\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/LGHS-Rally-Courtesy-A.-Panu-800x534.jpg\" alt=\"\" width=\"800\" height=\"534\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/LGHS-Rally-Courtesy-A.-Panu-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/LGHS-Rally-Courtesy-A.-Panu-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/LGHS-Rally-Courtesy-A.-Panu.jpg 1000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Students and alums rallied over sexual assault at the Los Gatos High School football field July 2020. \u003ccite>(Courtesy of A. Panu)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>One teacher and football coach hit \"reply all,\" and responded. He wrote: “Wrong. If this young lady has had something bad happen to her in the past, she should take it up with the individual who is responsible.\"\u003c/p>\n\u003cp>Berry said that confirmed her biggest fear that people would invalidate her statement because she had signed the email as a survivor. She was disappointed to see teachers taking sides.\u003c/p>\n\u003cp>The teacher did not respond to requests for comment.\u003c/p>\n\u003cp>[ad fullwidth]Berry is worried about the students who’ve faced backlash and lost friends for speaking out.\u003c/p>\n\u003cp>\"I was just really scared for them,\" she said, \"I know how much reputation counts in high school.\"\u003c/p>\n\u003cp>Megan Farrell is the Los Gatos-Saratoga Union High School District’s Title IX coordinator, and she handles sexual misconduct claims. She said there are many reasons young people are reluctant to turn to their schools to report abuse. They might not be ready to tell their parents, or want to talk to police, who schools have an obligation to tell.\u003c/p>\n\u003cp>There were no Title IX complaints filed against students in the district in the 2019-2020 school year, and only two this school year.\u003c/p>\n\u003cfigure id=\"attachment_11876389\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11876389\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/Crowd-Gives-Mia-Lozoya-Standing-Ovation-Courtesy-A.-Panu-800x534.jpg\" alt=\"\" width=\"800\" height=\"534\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/Crowd-Gives-Mia-Lozoya-Standing-Ovation-Courtesy-A.-Panu-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/Crowd-Gives-Mia-Lozoya-Standing-Ovation-Courtesy-A.-Panu-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/Crowd-Gives-Mia-Lozoya-Standing-Ovation-Courtesy-A.-Panu.jpg 1000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A crowd applauds Mia Lozoya during a rally at the Los Gatos High School field July 2020. \u003ccite>(Courtesy of A. Panu)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Farrell said the district set up an anonymous tip line in response to the anonymous Instagram account.\u003c/p>\n\u003cp>[aside postID=\"news_11801840,news_11754307,news_11643771\" label=\"More on the #MeToo movement\"]\"So that students would have another outlet to reach out and provide any kind of information that they needed to provide to us. And anonymous reports are difficult to investigate,\" she said. \"But if we have some information, at least we can go down the road and start looking into a matter.\"\u003c/p>\n\u003cp>The district had also launched an inquiry into whether the district has a culture that allows abuse to continue, and hired a consultant focused on restorative justice to give community members impacted by these issues a chance to talk.\u003c/p>\n\u003cp>Abbi Berry, the Los Gatos alum, said she knows real change will take a long time and a lot of persistence. And she said if nothing else, the online movement has at least started a conversation in way that wasn’t happening before.\u003c/p>\n\u003cp>\"Regardless of whether we may not have been able to change policies, or moved mountains for the school, we got the town talking about it,\" she said. \"We definitely shocked the town, and I think it’ll change, even a little bit, for the better.\"\u003c/p>\n\u003cp>Over in Mira Mesa, Linh is still running the San Diego account. Her mom said she’s proud of how much she’s seen her daughter grow. We’re not using her name to protect her daughter's identity.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Abbi Berry, Los Gatos High School alum\"]'We definitely shocked the town, and I think it’ll change, even a little bit, for the better.'[/pullquote]\"I really am grateful that she found the strength to help other people. In middle school and high school, she retreated a bit, but in our household she’s always had a voice. And I think she’s finding it again,\" her mom said.\u003c/p>\n\u003cp>Linh is encouraging others at her school to start a club to address sexual assault on campus. The students leading these efforts hope the support networks they’ve built online can find a way to continue in person when more students return to school.\u003c/p>\n\u003cp>\u003cem>This reporting was supported by the USC Annenberg \u003ca href=\"https://centerforhealthjournalism.org/\" target=\"_blank\" rel=\"noopener noreferrer\">Center for Health Journalism\u003c/a> Impact Fund.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Hundreds of young people turned to social media to share their #MeToo stories. One Los Gatos High School alum said the movement has started a conversation in way that wasn’t happening before.","status":"publish","parent":0,"modified":1622846960,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":34,"wordCount":1330},"headData":{"title":"How High School Students Launched Their Own #MeToo Movement During the Pandemic | KQED","description":"Hundreds of young people turned to social media to share their #MeToo stories. One Los Gatos High School alum said the movement has started a conversation in way that wasn’t happening before.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"How High School Students Launched Their Own #MeToo Movement During the Pandemic","datePublished":"2021-06-04T13:00:34.000Z","dateModified":"2021-06-04T22:49:20.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11876356 https://ww2.kqed.org/news/?p=11876356","disqusUrl":"https://ww2.kqed.org/news/2021/06/04/how-high-school-students-launched-their-own-metoo-movement-during-the-pandemic/","disqusTitle":"How High School Students Launched Their Own #MeToo Movement During the Pandemic","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-41c5-bcaf-aaef00f5a073/343fec88-558c-4595-9c9c-ad3d01678ed0/audio.mp3","path":"/news/11876356/how-high-school-students-launched-their-own-metoo-movement-during-the-pandemic","audioDuration":712000,"audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>When most schools across California shut down last year, teenagers were stuck at home. For many of them, that meant months alone to reflect on experiences of trauma in high school. But they didn’t all keep that pain to themselves. Instead, young people created dozens of Instagram accounts for students and alums to share their stories.\u003c/p>\n\u003cp>Linh is one of those students. We're only using her middle name to protect her privacy. She's a senior at Mira Mesa High School in San Diego County, and she runs an Instagram account called @metooinsd where students and alums anonymously share experiences of harassment and assault.\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"instagramLink","attributes":{"named":{"instagramId":"CPEC75-j731"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>She said part of what motivated her to run the account is her own experience as a survivor. She said she was sexually assaulted by an ex-boyfriend, but didn't recognize how damaging the relationship was until after it was over.\u003c/p>\n\u003cp>\"I was gaslighted to the point where I thought, 'He loves me' or whatever, which obviously is not true,\" she said. \"But when you're in it like that, it feels like it is true.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'If I stop, that's letting them win, and I refuse to do that.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Linh, Mira Mesa High School senior","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Linh said she still had to see him in band even after he was reported. The ex-boyfriend denied the allegations, and said he was never disciplined.\u003c/p>\n\u003cp>\"There were times where, you know, there was a concert and I walk into the storage room. He's right there and I just left,\" she said. \"I couldn't be there. I still had to see him, in the hallways, in the library, I still had to see him.\"\u003c/p>\n\u003cp>The account she runs has helped Linh heal, and feel less alone. She said she's gotten threats for running the account, but it's too important to stop now.\u003c/p>\n\u003cp>\"If I stop, that's letting them win, and I refuse to do that,\" she said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11859164","label":"Related Coverage "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>In an email, Maureen Magee, spokesperson with the San Diego Unified School District, said the district has made police aware of the account, and that allegations made anonymously are difficult to investigate. Magee said the district has also worked with student leaders to get the word out about how to recognize and report abuse.\u003c/p>\n\u003cp>There are dozens of accounts like the San Diego Instagram page throughout California, including one for students in the affluent Silicon Valley town of Los Gatos.\u003c/p>\n\u003cp>A senior there, Natalie Brooks, made a film about the #MeToo movement happening at her school, and the backlash students faced for speaking out.\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"instagramLink","attributes":{"named":{"instagramId":"CJjVlz7pX90"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\"LG is idyllic, perfect teens in perfect clothes from perfect families. And don't forget the money. But like most seemingly perfect things, you can't see the cracks . . . yet,\" the film begins.\u003c/p>\n\u003cp>A post by one 15-year-old student, Mia Lozoya, inspired others to share their stories, and eventually set up their own \u003ca href=\"https://www.instagram.com/metoo.losgatos/\" target=\"_blank\" rel=\"noopener noreferrer\">Instagram account\u003c/a>. Since then, more than 100 students and alums have posted their experiences with harassment and assault on the account.\u003c/p>\n\u003cp>But student organizers say there was still a lot of pushback in response to the attention they were bringing to the football team.\u003c/p>\n\u003cfigure id=\"attachment_11876387\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11876387\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/Mia-Lozoya-@-LGHS-Rally-Courtesy-R.-Hansen-800x602.jpg\" alt=\"\" width=\"800\" height=\"602\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/Mia-Lozoya-@-LGHS-Rally-Courtesy-R.-Hansen-800x602.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/Mia-Lozoya-@-LGHS-Rally-Courtesy-R.-Hansen-1020x768.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/Mia-Lozoya-@-LGHS-Rally-Courtesy-R.-Hansen-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/Mia-Lozoya-@-LGHS-Rally-Courtesy-R.-Hansen-1536x1157.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/Mia-Lozoya-@-LGHS-Rally-Courtesy-R.-Hansen.jpg 1700w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Mia Lozoya ignited a movement at Los Gatos High School when she shared her experience with sexual assault on Instagram. \u003ccite>(Courtesy of R. Hansen)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>A Los Gatos alum, Abbi Berry, saw the post from Lozoya, and wrote an email describing how the culture of the football team allowed players to continue to abuse young women.\u003c/p>\n\u003cp>\"And my mom didn't want me to send it. She was like, you could get in trouble or you could get this backlash. And I remember literally being like, I don't care, this is an issue,\" she said. \"And I was so angry. I was just so — I was just livid. I was enraged.\"\u003c/p>\n\u003cp>She sent the email to all Los Gatos High School staff, and wrote that the entire community was complicit in these issues. She signed it as a survivor.\u003c/p>\n\u003cfigure id=\"attachment_11876388\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11876388\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/LGHS-Rally-Courtesy-A.-Panu-800x534.jpg\" alt=\"\" width=\"800\" height=\"534\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/LGHS-Rally-Courtesy-A.-Panu-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/LGHS-Rally-Courtesy-A.-Panu-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/LGHS-Rally-Courtesy-A.-Panu.jpg 1000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Students and alums rallied over sexual assault at the Los Gatos High School football field July 2020. \u003ccite>(Courtesy of A. Panu)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>One teacher and football coach hit \"reply all,\" and responded. He wrote: “Wrong. If this young lady has had something bad happen to her in the past, she should take it up with the individual who is responsible.\"\u003c/p>\n\u003cp>Berry said that confirmed her biggest fear that people would invalidate her statement because she had signed the email as a survivor. She was disappointed to see teachers taking sides.\u003c/p>\n\u003cp>The teacher did not respond to requests for comment.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Berry is worried about the students who’ve faced backlash and lost friends for speaking out.\u003c/p>\n\u003cp>\"I was just really scared for them,\" she said, \"I know how much reputation counts in high school.\"\u003c/p>\n\u003cp>Megan Farrell is the Los Gatos-Saratoga Union High School District’s Title IX coordinator, and she handles sexual misconduct claims. She said there are many reasons young people are reluctant to turn to their schools to report abuse. They might not be ready to tell their parents, or want to talk to police, who schools have an obligation to tell.\u003c/p>\n\u003cp>There were no Title IX complaints filed against students in the district in the 2019-2020 school year, and only two this school year.\u003c/p>\n\u003cfigure id=\"attachment_11876389\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11876389\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/Crowd-Gives-Mia-Lozoya-Standing-Ovation-Courtesy-A.-Panu-800x534.jpg\" alt=\"\" width=\"800\" height=\"534\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/Crowd-Gives-Mia-Lozoya-Standing-Ovation-Courtesy-A.-Panu-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/Crowd-Gives-Mia-Lozoya-Standing-Ovation-Courtesy-A.-Panu-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/Crowd-Gives-Mia-Lozoya-Standing-Ovation-Courtesy-A.-Panu.jpg 1000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A crowd applauds Mia Lozoya during a rally at the Los Gatos High School field July 2020. \u003ccite>(Courtesy of A. Panu)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Farrell said the district set up an anonymous tip line in response to the anonymous Instagram account.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11801840,news_11754307,news_11643771","label":"More on the #MeToo movement "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\"So that students would have another outlet to reach out and provide any kind of information that they needed to provide to us. And anonymous reports are difficult to investigate,\" she said. \"But if we have some information, at least we can go down the road and start looking into a matter.\"\u003c/p>\n\u003cp>The district had also launched an inquiry into whether the district has a culture that allows abuse to continue, and hired a consultant focused on restorative justice to give community members impacted by these issues a chance to talk.\u003c/p>\n\u003cp>Abbi Berry, the Los Gatos alum, said she knows real change will take a long time and a lot of persistence. And she said if nothing else, the online movement has at least started a conversation in way that wasn’t happening before.\u003c/p>\n\u003cp>\"Regardless of whether we may not have been able to change policies, or moved mountains for the school, we got the town talking about it,\" she said. \"We definitely shocked the town, and I think it’ll change, even a little bit, for the better.\"\u003c/p>\n\u003cp>Over in Mira Mesa, Linh is still running the San Diego account. Her mom said she’s proud of how much she’s seen her daughter grow. We’re not using her name to protect her daughter's identity.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'We definitely shocked the town, and I think it’ll change, even a little bit, for the better.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Abbi Berry, Los Gatos High School alum","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\"I really am grateful that she found the strength to help other people. In middle school and high school, she retreated a bit, but in our household she’s always had a voice. And I think she’s finding it again,\" her mom said.\u003c/p>\n\u003cp>Linh is encouraging others at her school to start a club to address sexual assault on campus. The students leading these efforts hope the support networks they’ve built online can find a way to continue in person when more students return to school.\u003c/p>\n\u003cp>\u003cem>This reporting was supported by the USC Annenberg \u003ca href=\"https://centerforhealthjournalism.org/\" target=\"_blank\" rel=\"noopener noreferrer\">Center for Health Journalism\u003c/a> Impact Fund.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11876356/how-high-school-students-launched-their-own-metoo-movement-during-the-pandemic","authors":["11635"],"programs":["news_26731"],"categories":["news_457","news_6188","news_8"],"tags":["news_20013","news_4922","news_26182","news_29533","news_21804","news_4486","news_1527","news_2838","news_1089","news_6215"],"featImg":"news_11876357","label":"news_26731"},"news_11681655":{"type":"posts","id":"news_11681655","meta":{"index":"posts_1591205157","site":"news","id":"11681655","score":null,"sort":[1532117727000]},"guestAuthors":[],"slug":"trump-administration-defends-campus-sexual-assault-rules","title":"Trump Administration Defends New Campus Sexual Assault Rules in Court","publishDate":1532117727,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{},"content":"\u003cp>Trump administration lawyers are defending their new rules on how campuses should handle cases of sexual assault. Education Secretary Betsy DeVos issued the new guidance last fall, after scrapping Obama-era rules that she said were forcing schools to violate the due process rights of the accused. But survivors' advocates filed a federal lawsuit shortly after, arguing DeVos' replacement guidelines discriminate against alleged victims and discourage them from reporting assaults.\u003c/p>\n\u003cp>\"The message that is sent is that the administration believes that women who report sexual harassment and violence are liars,\" says Jennifer Reisch, legal director of Equal Rights Advocates, one of three groups who brought the lawsuit. She spoke to reporters Thursday, after a hearing on the lawsuit at the U.S. District Court in San Francisco.\u003c/p>\n\u003cp>DeVos' interim guidelines allow schools to demand a higher standard of evidence that would make it tougher to prove an assault, permit schools to hear appeals only from the accused, and let investigations go on for an indefinite amount of time. \u003c/p>\n\u003cp>None of that was allowed in the Obama era.\u003c/p>\n\u003cp>The prior administration also used to require schools to protect alleged victims during investigations; now, that's up to schools' discretion. And the old norm of making the accused student stay away from the accuser is now considered unfair. Schools are supposed to be even-handed — prompting some to rely on \"no-contact\" orders that apply mutually to both students. But Reisch argues that putting the onus on alleged victims unfairly punishes them, by restricting where they can go and live.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"It is sending a message that you come forward at your peril,\" she says.\u003c/p>\n\u003cp>Robin Thurston, a senior counsel for the Democracy Forward Foundation and one of the attorneys bringing the lawsuit against the Trump administration's guidance says that \"survivors are being chilled from coming forward.\" \u003c/p>\n\u003cp>\"The guidance harms women,\" Thurston says. \"And we think there's really significant evidence that the decision-makers at the Department of Education were motivated by a view that women and girls in general make false accusations of sexual assault. And the law is very clear that if the government was motivated by a discriminatory mindset, that's unconstitutional.\" \u003c/p>\n\u003cp>The lawsuit cites public comments from DeVos that plaintiffs say exaggerate the problem of false accusations. It also \u003ca href=\"https://www.npr.org/2017/07/13/537082095/education-department-official-apologizes-for-flippant-campus-sexual-assault-comm\">points to a comment\u003c/a> from the then-acting Assistant Secretary for Civil Rights Candice Jackson, who told \u003cem>The New York Times\u003c/em> last summer that she believed \"90 percent\" of campus sexual assault allegations are really just about drunk sex, or morning-after regrets. Jackson later apologized for the \"flippant\" remark, insisting it poorly characterized her actual beliefs. \u003c/p>\n\u003cp>The lawsuit also cites comments from President Trump, who has dismissed women who've accused him as \"phony accusers\" out for \"some free fame.\" \u003c/p>\n\u003cp>\"This discriminatory and stereotyped view of women and girls has become formal White House policy\" the suit argues, and the \"administration's animus toward woman gives license to ... Executive branch decision makers who share the same discriminatory views.\" \u003c/p>\n\u003cp>Government officials declined to comment on pending litigation, but in court papers, attorneys argue that a \"handful of statements\" do not prove \"sexism\" or discriminatory intent. They argue the case should be thrown out on procedural grounds, because the plaintiffs haven't sufficiently established that they were harmed by the new guidance, and because the guidance is only temporary anyway.\u003c/p>\n\u003cp>Defense attorney Justin Dillon, who represents students accused of sexual assault and who's not involved with the case, calls it \"completely frivolous.\"\u003c/p>\n\u003cfigure id=\"attachment_11681657\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/07/ap_17250578528580-e29ca125915e0a954a2f2c4c03069c9f19ad33b3-800x600.jpg\" alt='Sonja Breda, 23, right, holds a sign saying \"Stop Betsy\" as a group of survivors of sexual violence and their supporters gathered to protest proposed changes to Title IX before a speech by Education Secretary Betsy DeVos on Sept. 7, 2017, at the George Mason University Arlington, Va., campus.' width=\"800\" height=\"600\" class=\"size-medium wp-image-11681657\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/07/ap_17250578528580-e29ca125915e0a954a2f2c4c03069c9f19ad33b3-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/ap_17250578528580-e29ca125915e0a954a2f2c4c03069c9f19ad33b3-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/ap_17250578528580-e29ca125915e0a954a2f2c4c03069c9f19ad33b3-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/ap_17250578528580-e29ca125915e0a954a2f2c4c03069c9f19ad33b3-1200x900.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/ap_17250578528580-e29ca125915e0a954a2f2c4c03069c9f19ad33b3-1920x1440.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/ap_17250578528580-e29ca125915e0a954a2f2c4c03069c9f19ad33b3-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/ap_17250578528580-e29ca125915e0a954a2f2c4c03069c9f19ad33b3-960x720.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/ap_17250578528580-e29ca125915e0a954a2f2c4c03069c9f19ad33b3-240x180.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/ap_17250578528580-e29ca125915e0a954a2f2c4c03069c9f19ad33b3-375x281.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/ap_17250578528580-e29ca125915e0a954a2f2c4c03069c9f19ad33b3-520x390.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sonja Breda, 23, right, holds a sign saying \"Stop Betsy\" as a group of survivors of sexual violence and their supporters gathered to protest proposed changes to Title IX before a speech by Education Secretary Betsy DeVos on Sept. 7, 2017, at the George Mason University Arlington, Va., campus. \u003ccite>(Jacquelyn Martin/AP)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Dillon was the lawyer who sued the Obama administration in 2016, arguing its guidance was unlawful because it didn't go through the proper approval process. But he says that case was different because it specifically named a student and a school harmed by the policy. That lawsuit was withdrawn after the Obama-era guidance was revoked by the Trump administration.\u003c/p>\n\u003cp>Dillon calls DeVos' September 2017 guidance a \"good tonal shift, and a good signal to universities that the era of ignoring due process is over.\" While he says he's disappointed that it hasn't yet sparked more changes in campus policies, he says campuses that are making changes are making things more fair.\u003c/p>\n\u003cp>For example, he says DeVos' new rules protect students from being \"ambushed\" without knowing the charges or evidence against them, and interim measures now tend to be less \"draconian.\" And if not, Dillon says, the new guidance makes it easier to assert accused students' due process rights, as happened when a school kicked one of his clients off campus while an investigation was still pending.\u003c/p>\n\u003cp>\"I went to them and cited the guidance and said, 'You can't do this, you're interfering with his education,' \" he recalls. \"And in that case I was able to persuade them to let him back on campus.\" \u003c/p>\n\u003cp>For schools, the change has brought some measure of confusion. Most are taking a wait-and-see approach, as DeVos is expected to propose permanent rules this fall. It may take until the end of the school year, or longer, for those rules to be finalized.\u003c/p>\n\u003cp>In the meantime, campuses continue to face lawsuits from alleged victims and increasingly successful legal challenges from accused students.\u003c/p>\n\u003cp>\"In a lot of ways, it does feel like you're a bit caught in the middle,\" says Martha Alexander, executive director of the Office Of Institutional Equity and Equal Opportunity and Title IX coordinator for the University of Kentucky.\u003c/p>\n\u003cp>UK just changed its policy in June. It keeps the standard of evidence low, but Alexander says \"to make it a more balanced policy to make sure all parties had a fair shot,\" it builds in more due process protections for accused students. Hearing panels now need to be unanimous when finding a student at fault, and only accused students are now allowed to bring appeals.\u003c/p>\n\u003cp>\"I think that this policy, and these changes, really is a step towards getting to a more fair system,\" Alexander says.\u003c/p>\n\u003cp>Many campuses say they welcome what they see as more freedom to set rules as they see fit, with less onerous oversight from the government. \u003c/p>\n\u003cp>Peter McDonough, vice president and general counsel for the American Council on Education, a group that represents college and university presidents, says many college presidents are no longer operating in constant fear of the Department of Education's Office for Civil Rights, which oversees enforcement of Title IX, the federal law that bars gender discrimination in education.\u003c/p>\n\u003cp>Back in the days of the Obama administration, when an individual student complained to the OCR about his or her school, the office would not only investigate that case — it would automatically trigger a systemic investigation of the school, checking for anything else that might be amiss, which could take years. Campuses felt investigations would stay open \"until something was found,\" McDonough says, which was viewed as a \"gotcha approach.\"\u003c/p>\n\u003cp>Under the Trump administration, a student complaint to the government is treated more like an isolated incident. McDonough says schools now see the government as more ally than adversary.\u003c/p>\n\u003cp>But Catherine Lhamon, assistant secretary for civil rights in the Department of Education during the Obama administration, says the OCR must be more aggressive in trying to uncover whether schools are handling all cases fairly.\u003c/p>\n\u003cp>\"If the government only investigates [complaints that a student] thinks to bring to the government, the government's not doing its job,\" she says. \"And I worry every day that [schools are getting] effectively a pass on complying with the law. And that will ruin young lives,\" she says.\u003c/p>\n\u003cp>But if the Trump administration's approach prompts some schools to ease up on how they handle sexual assault cases, it's also already prompting others schools to double down, according to Andrew Miltenberg, an attorney who has represented hundreds of accused students.\u003c/p>\n\u003cp>\"It's driven very much by personal politics ... as opposed to institutional policy,\" he says. \"There has been a very palpable sense of, 'Hell no! Women have rights, and I'm not turning around and changing how we treat rape victims just because we have Donald Trump as a president.' I've heard it too many times to discount,\" he says.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>Miltenberg says policy corrections are needed, but they must be consistent and measured. Campuses that flout due process protections are as troubling, he says, as schools that are now meting out probations for offenses that used to get expulsions. \u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2018 NPR. To see more, visit http://www.npr.org/.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Trump+Administration+Defends+Campus+Sexual+Assault+Rules&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n","blocks":[],"excerpt":"Trump administration lawyers were in federal court Thursday defending their new rules that would allow schools to demand a higher standard of evidence that would make it tougher to prove an assault. ","status":"publish","parent":0,"modified":1532120090,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":33,"wordCount":1472},"headData":{"title":"Trump Administration Defends New Campus Sexual Assault Rules in Court | KQED","description":"Trump administration lawyers were in federal court Thursday defending their new rules that would allow schools to demand a higher standard of evidence that would make it tougher to prove an assault. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Trump Administration Defends New Campus Sexual Assault Rules in Court","datePublished":"2018-07-20T20:15:27.000Z","dateModified":"2018-07-20T20:54:50.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11681655 https://ww2.kqed.org/news/?p=11681655","disqusUrl":"https://ww2.kqed.org/news/2018/07/20/trump-administration-defends-campus-sexual-assault-rules/","disqusTitle":"Trump Administration Defends New Campus Sexual Assault Rules in Court","source":"NPR","sourceUrl":"https://www.npr.org/","audioUrl":"https://www.kqed.org/.stream/anon/radio/tcr/2018/07/DevosTitle9dillon180720.mp3","nprImageCredit":"Evan Vucci","nprByline":"Tovia Smith","nprImageAgency":"AP","nprStoryId":"630742928","nprApiLink":"http://api.npr.org/query?id=630742928&apiKey=MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004","nprHtmlLink":"https://www.npr.org/2018/07/20/630742928/trump-administration-defends-campus-sexual-assault-rules?ft=nprml&f=630742928","nprRetrievedStory":"1","nprPubDate":"Fri, 20 Jul 2018 13:42:00 -0400","nprStoryDate":"Fri, 20 Jul 2018 05:11:00 -0400","nprLastModifiedDate":"Fri, 20 Jul 2018 14:39:07 -0400","nprAudio":"https://ondemand.npr.org/anon.npr-mp3/npr/me/2018/07/20180720_me_trump_administration_defends_campus_sexual_assault_rules.mp3?orgId=1&topicId=1013&d=293&p=3&story=630742928&ft=nprml&f=630742928","nprAudioM3u":"http://api.npr.org/m3u/1630742929-1b63f7.m3u?orgId=1&topicId=1013&d=293&p=3&story=630742928&ft=nprml&f=630742928","path":"/news/11681655/trump-administration-defends-campus-sexual-assault-rules","audioDuration":83000,"audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Trump administration lawyers are defending their new rules on how campuses should handle cases of sexual assault. Education Secretary Betsy DeVos issued the new guidance last fall, after scrapping Obama-era rules that she said were forcing schools to violate the due process rights of the accused. But survivors' advocates filed a federal lawsuit shortly after, arguing DeVos' replacement guidelines discriminate against alleged victims and discourage them from reporting assaults.\u003c/p>\n\u003cp>\"The message that is sent is that the administration believes that women who report sexual harassment and violence are liars,\" says Jennifer Reisch, legal director of Equal Rights Advocates, one of three groups who brought the lawsuit. She spoke to reporters Thursday, after a hearing on the lawsuit at the U.S. District Court in San Francisco.\u003c/p>\n\u003cp>DeVos' interim guidelines allow schools to demand a higher standard of evidence that would make it tougher to prove an assault, permit schools to hear appeals only from the accused, and let investigations go on for an indefinite amount of time. \u003c/p>\n\u003cp>None of that was allowed in the Obama era.\u003c/p>\n\u003cp>The prior administration also used to require schools to protect alleged victims during investigations; now, that's up to schools' discretion. And the old norm of making the accused student stay away from the accuser is now considered unfair. Schools are supposed to be even-handed — prompting some to rely on \"no-contact\" orders that apply mutually to both students. But Reisch argues that putting the onus on alleged victims unfairly punishes them, by restricting where they can go and live.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"It is sending a message that you come forward at your peril,\" she says.\u003c/p>\n\u003cp>Robin Thurston, a senior counsel for the Democracy Forward Foundation and one of the attorneys bringing the lawsuit against the Trump administration's guidance says that \"survivors are being chilled from coming forward.\" \u003c/p>\n\u003cp>\"The guidance harms women,\" Thurston says. \"And we think there's really significant evidence that the decision-makers at the Department of Education were motivated by a view that women and girls in general make false accusations of sexual assault. And the law is very clear that if the government was motivated by a discriminatory mindset, that's unconstitutional.\" \u003c/p>\n\u003cp>The lawsuit cites public comments from DeVos that plaintiffs say exaggerate the problem of false accusations. It also \u003ca href=\"https://www.npr.org/2017/07/13/537082095/education-department-official-apologizes-for-flippant-campus-sexual-assault-comm\">points to a comment\u003c/a> from the then-acting Assistant Secretary for Civil Rights Candice Jackson, who told \u003cem>The New York Times\u003c/em> last summer that she believed \"90 percent\" of campus sexual assault allegations are really just about drunk sex, or morning-after regrets. Jackson later apologized for the \"flippant\" remark, insisting it poorly characterized her actual beliefs. \u003c/p>\n\u003cp>The lawsuit also cites comments from President Trump, who has dismissed women who've accused him as \"phony accusers\" out for \"some free fame.\" \u003c/p>\n\u003cp>\"This discriminatory and stereotyped view of women and girls has become formal White House policy\" the suit argues, and the \"administration's animus toward woman gives license to ... Executive branch decision makers who share the same discriminatory views.\" \u003c/p>\n\u003cp>Government officials declined to comment on pending litigation, but in court papers, attorneys argue that a \"handful of statements\" do not prove \"sexism\" or discriminatory intent. They argue the case should be thrown out on procedural grounds, because the plaintiffs haven't sufficiently established that they were harmed by the new guidance, and because the guidance is only temporary anyway.\u003c/p>\n\u003cp>Defense attorney Justin Dillon, who represents students accused of sexual assault and who's not involved with the case, calls it \"completely frivolous.\"\u003c/p>\n\u003cfigure id=\"attachment_11681657\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/07/ap_17250578528580-e29ca125915e0a954a2f2c4c03069c9f19ad33b3-800x600.jpg\" alt='Sonja Breda, 23, right, holds a sign saying \"Stop Betsy\" as a group of survivors of sexual violence and their supporters gathered to protest proposed changes to Title IX before a speech by Education Secretary Betsy DeVos on Sept. 7, 2017, at the George Mason University Arlington, Va., campus.' width=\"800\" height=\"600\" class=\"size-medium wp-image-11681657\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/07/ap_17250578528580-e29ca125915e0a954a2f2c4c03069c9f19ad33b3-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/ap_17250578528580-e29ca125915e0a954a2f2c4c03069c9f19ad33b3-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/ap_17250578528580-e29ca125915e0a954a2f2c4c03069c9f19ad33b3-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/ap_17250578528580-e29ca125915e0a954a2f2c4c03069c9f19ad33b3-1200x900.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/ap_17250578528580-e29ca125915e0a954a2f2c4c03069c9f19ad33b3-1920x1440.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/ap_17250578528580-e29ca125915e0a954a2f2c4c03069c9f19ad33b3-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/ap_17250578528580-e29ca125915e0a954a2f2c4c03069c9f19ad33b3-960x720.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/ap_17250578528580-e29ca125915e0a954a2f2c4c03069c9f19ad33b3-240x180.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/ap_17250578528580-e29ca125915e0a954a2f2c4c03069c9f19ad33b3-375x281.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/ap_17250578528580-e29ca125915e0a954a2f2c4c03069c9f19ad33b3-520x390.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sonja Breda, 23, right, holds a sign saying \"Stop Betsy\" as a group of survivors of sexual violence and their supporters gathered to protest proposed changes to Title IX before a speech by Education Secretary Betsy DeVos on Sept. 7, 2017, at the George Mason University Arlington, Va., campus. \u003ccite>(Jacquelyn Martin/AP)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Dillon was the lawyer who sued the Obama administration in 2016, arguing its guidance was unlawful because it didn't go through the proper approval process. But he says that case was different because it specifically named a student and a school harmed by the policy. That lawsuit was withdrawn after the Obama-era guidance was revoked by the Trump administration.\u003c/p>\n\u003cp>Dillon calls DeVos' September 2017 guidance a \"good tonal shift, and a good signal to universities that the era of ignoring due process is over.\" While he says he's disappointed that it hasn't yet sparked more changes in campus policies, he says campuses that are making changes are making things more fair.\u003c/p>\n\u003cp>For example, he says DeVos' new rules protect students from being \"ambushed\" without knowing the charges or evidence against them, and interim measures now tend to be less \"draconian.\" And if not, Dillon says, the new guidance makes it easier to assert accused students' due process rights, as happened when a school kicked one of his clients off campus while an investigation was still pending.\u003c/p>\n\u003cp>\"I went to them and cited the guidance and said, 'You can't do this, you're interfering with his education,' \" he recalls. \"And in that case I was able to persuade them to let him back on campus.\" \u003c/p>\n\u003cp>For schools, the change has brought some measure of confusion. Most are taking a wait-and-see approach, as DeVos is expected to propose permanent rules this fall. It may take until the end of the school year, or longer, for those rules to be finalized.\u003c/p>\n\u003cp>In the meantime, campuses continue to face lawsuits from alleged victims and increasingly successful legal challenges from accused students.\u003c/p>\n\u003cp>\"In a lot of ways, it does feel like you're a bit caught in the middle,\" says Martha Alexander, executive director of the Office Of Institutional Equity and Equal Opportunity and Title IX coordinator for the University of Kentucky.\u003c/p>\n\u003cp>UK just changed its policy in June. It keeps the standard of evidence low, but Alexander says \"to make it a more balanced policy to make sure all parties had a fair shot,\" it builds in more due process protections for accused students. Hearing panels now need to be unanimous when finding a student at fault, and only accused students are now allowed to bring appeals.\u003c/p>\n\u003cp>\"I think that this policy, and these changes, really is a step towards getting to a more fair system,\" Alexander says.\u003c/p>\n\u003cp>Many campuses say they welcome what they see as more freedom to set rules as they see fit, with less onerous oversight from the government. \u003c/p>\n\u003cp>Peter McDonough, vice president and general counsel for the American Council on Education, a group that represents college and university presidents, says many college presidents are no longer operating in constant fear of the Department of Education's Office for Civil Rights, which oversees enforcement of Title IX, the federal law that bars gender discrimination in education.\u003c/p>\n\u003cp>Back in the days of the Obama administration, when an individual student complained to the OCR about his or her school, the office would not only investigate that case — it would automatically trigger a systemic investigation of the school, checking for anything else that might be amiss, which could take years. Campuses felt investigations would stay open \"until something was found,\" McDonough says, which was viewed as a \"gotcha approach.\"\u003c/p>\n\u003cp>Under the Trump administration, a student complaint to the government is treated more like an isolated incident. McDonough says schools now see the government as more ally than adversary.\u003c/p>\n\u003cp>But Catherine Lhamon, assistant secretary for civil rights in the Department of Education during the Obama administration, says the OCR must be more aggressive in trying to uncover whether schools are handling all cases fairly.\u003c/p>\n\u003cp>\"If the government only investigates [complaints that a student] thinks to bring to the government, the government's not doing its job,\" she says. \"And I worry every day that [schools are getting] effectively a pass on complying with the law. And that will ruin young lives,\" she says.\u003c/p>\n\u003cp>But if the Trump administration's approach prompts some schools to ease up on how they handle sexual assault cases, it's also already prompting others schools to double down, according to Andrew Miltenberg, an attorney who has represented hundreds of accused students.\u003c/p>\n\u003cp>\"It's driven very much by personal politics ... as opposed to institutional policy,\" he says. \"There has been a very palpable sense of, 'Hell no! Women have rights, and I'm not turning around and changing how we treat rape victims just because we have Donald Trump as a president.' I've heard it too many times to discount,\" he says.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Miltenberg says policy corrections are needed, but they must be consistent and measured. Campuses that flout due process protections are as troubling, he says, as schools that are now meting out probations for offenses that used to get expulsions. \u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2018 NPR. To see more, visit http://www.npr.org/.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Trump+Administration+Defends+Campus+Sexual+Assault+Rules&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11681655/trump-administration-defends-campus-sexual-assault-rules","authors":["byline_news_11681655"],"programs":["news_72"],"categories":["news_18540","news_457","news_6188","news_8","news_13"],"tags":["news_20504","news_18839","news_21180","news_1323","news_21804","news_1527","news_6215"],"affiliates":["news_253"],"featImg":"news_11681656","label":"source_news_11681655"},"news_11619775":{"type":"posts","id":"news_11619775","meta":{"index":"posts_1591205157","site":"news","id":"11619775","score":null,"sort":[1506642579000]},"guestAuthors":[],"slug":"campuses-cautious-as-they-adjust-to-new-sexual-assault-guidelines","title":"Campuses Cautious as They Adjust to New Sexual Assault Guidelines","publishDate":1506642579,"format":"standard","headTitle":"Campuses Cautious as They Adjust to New Sexual Assault Guidelines | KQED","labelTerm":{},"content":"\u003cp>New federal guidelines for handling allegations of sexual assault are prompting a range of reactions from school administrators. While many are expressing concerns and vowing to maintain current policy, others are breathing a sigh of relief or scratching their heads in confusion.\u003c/p>\n\u003cp>Education Secretary Betsy DeVos officially \u003ca href=\"http://www.npr.org/sections/ed/2017/09/07/549197971/betsy-devos-signals-a-pullback-on-campus-sex-misconduct-enforcement\" target=\"_blank\" rel=\"noopener\">rescinded Obama-era rules\u003c/a> last week, replacing them with interim guideline, until new permanent rules can be implemented. The Department of Education’s new “\u003ca href=\"https://www2.ed.gov/about/offices/list/ocr/docs/qa-title-ix-201709.pdf\" target=\"_blank\" rel=\"noopener\">Q&A on Campus Sexual Misconduct\u003c/a>” may change everything, from how much evidence should be required to prove allegations to how accused students can cross-examine witnesses.\u003c/p>\n\u003cp>Universities are “scrambling right now” to figure out what it all means, says Kristi Branham, associate professor and director of gender and women’s studies at Western Kentucky University, who serves on a committee that works on education, training and awareness around sexual assault. “This is a tricky area.”\u003c/p>\n\u003cp>“We’re reading the new guidance carefully,” says Kathleen Salvaty, systemwide Title IX coordinator for the University of California. “I definitely have some questions.”\u003c/p>\n\u003cp>For example, Salvaty says that according to the new guidance, applying “special procedures” in sexual misconduct cases “suggests a discriminatory purpose, and should be avoided.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“I’m not sure what that means,” Salvaty says. Schools have lots of special procedures for sexual misconduct cases, she says, precisely because they \u003cem>are\u003c/em> different from cases of plagiarism, for example. And many of those are required by federal regulations. Schools are also unclear whether new language in the new guidance means that Title IX rules would no longer apply off campus — at a fraternity, for example.\u003c/p>\n\u003cp>“That is causing some concern and confusion,” Salvaty says. “We’re just not sure what to do.”\u003c/p>\n\u003cp>Others have raised concerns that the new interim guidance contradicts a 2001 directive that was not among those rescinded by DeVos. John Clune, an attorney with Hutchinson Black and Cook LLC, says “the whole purpose of the 2001 guidance is that grievance procedures be prompt and equitable.” But, he says, the new guidance removes time limits on investigations, allows schools to offer an appeal option exclusively to accused students, and permits schools to raise the evidentiary bar from “preponderance of the evidence” to a “clear and convincing” standard, making allegations harder to prove.\u003c/p>\n\u003cp>“That discriminates against complainants,” Clune says. “It certainly undermines the concept … that the proceedings be prompt and equitable.”\u003c/p>\n\u003cp>Many schools say they are also confused by mixed signals on whether schools can try informal resolution methods, like mediation; the new guidance allows it, but the 2001 guidance bars it.\u003c/p>\n\u003cp>Skidmore College sociology professor David Karp says he hopes it signals a new opportunity for an alternative process he has been promoting known as restorative justice, a nonadversarial model that focuses on a victim’s healing, and how offenders can contribute to that. Schools have refrained from trying the idea for fear it would be seen as a form of mediation.\u003c/p>\n\u003cp>“I do think this is a green light that hasn’t existed before,” Karp says. He cautions that more guidance and training is needed, because “if badly implemented, [RJ] can backfire and cause further harm.” But “I think schools will feel like they have more latitude to explore this as an additional option,” he says.\u003c/p>\n\u003cp>Oklahoma Wesleyan University is one school feeling freed up by DeVos’ decision to rescind the Obama-era guidance, which OKWU President Everett Piper calls “nothing short of a disaster.”\u003c/p>\n\u003cp>Last year, the university sued the Department of Education, arguing that those guidelines resulted in a “growing number of innocent students being trampled [by the] ‘shoot first, ask questions later’ approach.”\u003c/p>\n\u003cp>Piper says he is relieved now that OKWU will no longer feel pressure to “compromise … students’ rights” and can now “operate … without threat of government intrusion and overreach.” But OKWU has not yet announced any specific change in policies or practices.\u003c/p>\n\u003cp>Indeed, most schools appear to be holding off on any immediate action. Officials from schools including Harvard, Cornell, the University of Missouri and the University of Michigan say they are still reviewing the new guidance to see what, if any, changes need to be made. And many more have announced they are simply staying the course.\u003c/p>\n\u003cp>“All of us are continuing as usual,” says Sarah Berg, deputy Title IX coordinator of prevention, training and outreach at the University of Colorado, Denver and the Anschutz Medical Campus.\u003c/p>\n\u003cp>A letter to the Yale University community says the school has “no plans to deviate” from current Obama-era policies. California State University, Northridge says “Regardless of this new DOE action … we will not waver in our commitment to Title IX and its protections.” Similarly, Washington University in St. Louis says “regardless of decisions at the federal level, we have no intention of turning back on our commitment or resolve.”\u003c/p>\n\u003cp>While that kind of resolve is reassuring to some, it’s frustrating to others.\u003c/p>\n\u003cp>“It is disappointing, but not surprising,” says Joe Cohn, legislative and policy director for the Foundation for Individual Rights in Education, a group that has criticized previous policies as unfair to the accused. Many schools see the new guidance as “designed to go back to the Stone Age,” he says. “But really this is about an adjustment to make sure that both sides’ needs are met, because that wasn’t happening before.”\u003c/p>\n\u003cp>Attorney Andrew Miltenberg of Nesenoff & Miltenberg LLP, who represents dozens of accused students, says the “pushback” from universities is unfortunate. “It’s a stubborn ‘we’re still going to do it our way,’ ” he says.\u003c/p>\n\u003cp>While the interim guidance is technically just a recommendation, not a binding rule, Miltenberg says schools that stick to old policies do so at their own peril. He says DeVos’ recent comments, and her decision to rescind the old guidance, will be a big boost to accused students’ lawsuits.\u003c/p>\n\u003cp>“It’s a significant acknowledgement that there is a problem in [that] process,” says Miltenberg. “It’s a great thing to say to a judge that ‘before last week, you didn’t have to believe that there might be inherent bias throughout the process, but now those arguments carry much more weight. The secretary of the Department of Education publicly announced those very things.’ ”\u003c/p>\n\u003cp>Miltenberg rejects the notion that the new guidance causes chaos or confusion, or even what he calls the “false hysteria” that the new guidance represents a setback for rape victims.\u003c/p>\n\u003cp>“This constant refrain is an attempt to create a … big lie,” he says. “It’s like if you say it loud enough and often enough, people will believe it.”\u003c/p>\n\u003cp>Ultimately, Miltenberg says, real change will require not only new policies but also a shift in who is administering them on campuses.\u003c/p>\n\u003cp>“The reality is that most of the people that I’ve come in contact with as part of any school’s Title IX apparatus have some sort of victimcentric view, or previous work history, or something in their lives that I think makes them unable to be as impartial and objective as someone should be,” Miltenberg says.\u003c/p>\n\u003cp>Title IX administrators deny any bias in their work, but they don’t dispute how fervently they want to maintain current policies. “Everyone I know who does this work … wants to hold on to this process, because we’ve really put our careers into this,” says Berg. “We’re really proud of where we’ve gotten. So to have someone essentially gut that policy would be really painful.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>Copyright 2017 NPR. To see more, visit http://www.npr.org/.\u003c/p>\n\n","blocks":[],"excerpt":"New federal guidelines for handling allegations of sexual assault have left many school administrators either vowing to maintain current policies or scrambling to figure out what to do.","status":"publish","parent":0,"modified":1690403854,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":31,"wordCount":1370},"headData":{"title":"Campuses Cautious as They Adjust to New Sexual Assault Guidelines | KQED","description":"New federal guidelines for handling allegations of sexual assault have left many school administrators either vowing to maintain current policies or scrambling to figure out what to do.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Campuses Cautious as They Adjust to New Sexual Assault Guidelines","datePublished":"2017-09-28T23:49:39.000Z","dateModified":"2023-07-26T20:37:34.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"source":"NPR","sourceUrl":"http://www.npr.org/","nprImageCredit":"Jacquelyn Martin","nprByline":"\u003cstrong>Tovia Smith\u003cbr />NPR\u003c/strong>","nprImageAgency":"AP","nprStoryId":"554000605","nprApiLink":"http://api.npr.org/query?id=554000605&apiKey=MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004","nprHtmlLink":"http://www.npr.org/sections/ed/2017/09/28/554000605/campuses-cautious-as-they-adjust-to-new-sexual-assault-guidelines?ft=nprml&f=554000605","nprRetrievedStory":"1","nprPubDate":"Thu, 28 Sep 2017 16:56:00 -0400","nprStoryDate":"Thu, 28 Sep 2017 13:31:00 -0400","nprLastModifiedDate":"Thu, 28 Sep 2017 16:56:22 -0400","path":"/news/11619775/campuses-cautious-as-they-adjust-to-new-sexual-assault-guidelines","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>New federal guidelines for handling allegations of sexual assault are prompting a range of reactions from school administrators. While many are expressing concerns and vowing to maintain current policy, others are breathing a sigh of relief or scratching their heads in confusion.\u003c/p>\n\u003cp>Education Secretary Betsy DeVos officially \u003ca href=\"http://www.npr.org/sections/ed/2017/09/07/549197971/betsy-devos-signals-a-pullback-on-campus-sex-misconduct-enforcement\" target=\"_blank\" rel=\"noopener\">rescinded Obama-era rules\u003c/a> last week, replacing them with interim guideline, until new permanent rules can be implemented. The Department of Education’s new “\u003ca href=\"https://www2.ed.gov/about/offices/list/ocr/docs/qa-title-ix-201709.pdf\" target=\"_blank\" rel=\"noopener\">Q&A on Campus Sexual Misconduct\u003c/a>” may change everything, from how much evidence should be required to prove allegations to how accused students can cross-examine witnesses.\u003c/p>\n\u003cp>Universities are “scrambling right now” to figure out what it all means, says Kristi Branham, associate professor and director of gender and women’s studies at Western Kentucky University, who serves on a committee that works on education, training and awareness around sexual assault. “This is a tricky area.”\u003c/p>\n\u003cp>“We’re reading the new guidance carefully,” says Kathleen Salvaty, systemwide Title IX coordinator for the University of California. “I definitely have some questions.”\u003c/p>\n\u003cp>For example, Salvaty says that according to the new guidance, applying “special procedures” in sexual misconduct cases “suggests a discriminatory purpose, and should be avoided.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“I’m not sure what that means,” Salvaty says. Schools have lots of special procedures for sexual misconduct cases, she says, precisely because they \u003cem>are\u003c/em> different from cases of plagiarism, for example. And many of those are required by federal regulations. Schools are also unclear whether new language in the new guidance means that Title IX rules would no longer apply off campus — at a fraternity, for example.\u003c/p>\n\u003cp>“That is causing some concern and confusion,” Salvaty says. “We’re just not sure what to do.”\u003c/p>\n\u003cp>Others have raised concerns that the new interim guidance contradicts a 2001 directive that was not among those rescinded by DeVos. John Clune, an attorney with Hutchinson Black and Cook LLC, says “the whole purpose of the 2001 guidance is that grievance procedures be prompt and equitable.” But, he says, the new guidance removes time limits on investigations, allows schools to offer an appeal option exclusively to accused students, and permits schools to raise the evidentiary bar from “preponderance of the evidence” to a “clear and convincing” standard, making allegations harder to prove.\u003c/p>\n\u003cp>“That discriminates against complainants,” Clune says. “It certainly undermines the concept … that the proceedings be prompt and equitable.”\u003c/p>\n\u003cp>Many schools say they are also confused by mixed signals on whether schools can try informal resolution methods, like mediation; the new guidance allows it, but the 2001 guidance bars it.\u003c/p>\n\u003cp>Skidmore College sociology professor David Karp says he hopes it signals a new opportunity for an alternative process he has been promoting known as restorative justice, a nonadversarial model that focuses on a victim’s healing, and how offenders can contribute to that. Schools have refrained from trying the idea for fear it would be seen as a form of mediation.\u003c/p>\n\u003cp>“I do think this is a green light that hasn’t existed before,” Karp says. He cautions that more guidance and training is needed, because “if badly implemented, [RJ] can backfire and cause further harm.” But “I think schools will feel like they have more latitude to explore this as an additional option,” he says.\u003c/p>\n\u003cp>Oklahoma Wesleyan University is one school feeling freed up by DeVos’ decision to rescind the Obama-era guidance, which OKWU President Everett Piper calls “nothing short of a disaster.”\u003c/p>\n\u003cp>Last year, the university sued the Department of Education, arguing that those guidelines resulted in a “growing number of innocent students being trampled [by the] ‘shoot first, ask questions later’ approach.”\u003c/p>\n\u003cp>Piper says he is relieved now that OKWU will no longer feel pressure to “compromise … students’ rights” and can now “operate … without threat of government intrusion and overreach.” But OKWU has not yet announced any specific change in policies or practices.\u003c/p>\n\u003cp>Indeed, most schools appear to be holding off on any immediate action. Officials from schools including Harvard, Cornell, the University of Missouri and the University of Michigan say they are still reviewing the new guidance to see what, if any, changes need to be made. And many more have announced they are simply staying the course.\u003c/p>\n\u003cp>“All of us are continuing as usual,” says Sarah Berg, deputy Title IX coordinator of prevention, training and outreach at the University of Colorado, Denver and the Anschutz Medical Campus.\u003c/p>\n\u003cp>A letter to the Yale University community says the school has “no plans to deviate” from current Obama-era policies. California State University, Northridge says “Regardless of this new DOE action … we will not waver in our commitment to Title IX and its protections.” Similarly, Washington University in St. Louis says “regardless of decisions at the federal level, we have no intention of turning back on our commitment or resolve.”\u003c/p>\n\u003cp>While that kind of resolve is reassuring to some, it’s frustrating to others.\u003c/p>\n\u003cp>“It is disappointing, but not surprising,” says Joe Cohn, legislative and policy director for the Foundation for Individual Rights in Education, a group that has criticized previous policies as unfair to the accused. Many schools see the new guidance as “designed to go back to the Stone Age,” he says. “But really this is about an adjustment to make sure that both sides’ needs are met, because that wasn’t happening before.”\u003c/p>\n\u003cp>Attorney Andrew Miltenberg of Nesenoff & Miltenberg LLP, who represents dozens of accused students, says the “pushback” from universities is unfortunate. “It’s a stubborn ‘we’re still going to do it our way,’ ” he says.\u003c/p>\n\u003cp>While the interim guidance is technically just a recommendation, not a binding rule, Miltenberg says schools that stick to old policies do so at their own peril. He says DeVos’ recent comments, and her decision to rescind the old guidance, will be a big boost to accused students’ lawsuits.\u003c/p>\n\u003cp>“It’s a significant acknowledgement that there is a problem in [that] process,” says Miltenberg. “It’s a great thing to say to a judge that ‘before last week, you didn’t have to believe that there might be inherent bias throughout the process, but now those arguments carry much more weight. The secretary of the Department of Education publicly announced those very things.’ ”\u003c/p>\n\u003cp>Miltenberg rejects the notion that the new guidance causes chaos or confusion, or even what he calls the “false hysteria” that the new guidance represents a setback for rape victims.\u003c/p>\n\u003cp>“This constant refrain is an attempt to create a … big lie,” he says. “It’s like if you say it loud enough and often enough, people will believe it.”\u003c/p>\n\u003cp>Ultimately, Miltenberg says, real change will require not only new policies but also a shift in who is administering them on campuses.\u003c/p>\n\u003cp>“The reality is that most of the people that I’ve come in contact with as part of any school’s Title IX apparatus have some sort of victimcentric view, or previous work history, or something in their lives that I think makes them unable to be as impartial and objective as someone should be,” Miltenberg says.\u003c/p>\n\u003cp>Title IX administrators deny any bias in their work, but they don’t dispute how fervently they want to maintain current policies. “Everyone I know who does this work … wants to hold on to this process, because we’ve really put our careers into this,” says Berg. “We’re really proud of where we’ve gotten. So to have someone essentially gut that policy would be really painful.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Copyright 2017 NPR. To see more, visit http://www.npr.org/.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11619775/campuses-cautious-as-they-adjust-to-new-sexual-assault-guidelines","authors":["byline_news_11619775"],"programs":["news_6944","news_72"],"categories":["news_18540","news_6188","news_8"],"tags":["news_20504","news_4843","news_5568","news_1527","news_6215"],"affiliates":["news_253"],"featImg":"news_11615828","label":"source_news_11619775"},"news_11615820":{"type":"posts","id":"news_11615820","meta":{"index":"posts_1591205157","site":"news","id":"11615820","score":null,"sort":[1504811089000]},"guestAuthors":[],"slug":"betsy-devos-signals-a-pullback-on-campus-sex-misconduct-enforcement","title":"Betsy DeVos Signals a Pullback on Campus Sex Misconduct Enforcement","publishDate":1504811089,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>The Department of Education will change its approach to campus sexual misconduct and begin a public notice and comment process to issue new regulations, Education Secretary Betsy DeVos announced today. In a speech at George Mason University's Antonin Scalia Law School, DeVos decried \"a system run amok,\" \"kangaroo courts\" and repeatedly emphasized the plight of the accused. \"One rape is one too many ... one person denied due process is one too many,\" she said. Outside, protesters yelled, \"Stop protecting rapists!\"\u003c/p>\n\u003cp>A bit of background.\u003c/p>\n\u003cp>Title IX, a federal law passed in 1972, prohibits sex discrimination in education. It has been best known for driving the expansion of girls' and women's sports.\u003cbr>\n[contextly_sidebar id=\"MCAptEt7FcwQmmZ2uxPrVlCyirMMfaV7\"]\u003cbr>\nThe Office of Civil Rights, or OCR, under President Obama took the position that Title IX protects girls and women from the threat of sexual assault, harassment or a hostile environment while pursuing their educations.\u003c/p>\n\u003cp>In \u003ca href=\"https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.html\" target=\"_blank\">letters\u003c/a> and official guidance, OCR told colleges and K-12 schools to investigate complaints more aggressively. Some of the consequences have been controversial across the political spectrum.\u003c/p>\n\u003cp>They were told to adopt a “preponderance of the evidence” standard used in civil cases, a lower burden of proof than is typically required in criminal court.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>And, OCR stepped up its own investigations of campuses over Title IX complaints. If colleges didn't comply, they stood to lose access to federal student aid, which almost no school can afford to do.\u003c/p>\n\u003cp>Colleges hired Title IX compliance officers -- dozens at schools like Yale and Harvard. They created new rules, policies and procedures. Students, faculty and staff took mandatory training on sex abuse and harassment. The Education Department launched hundreds of investigations, some of which have dragged on for years.\u003c/p>\n\u003cp>Legal experts and faculty have found fault. Last year, an \u003ca href=\"http://www.saveservices.org/wp-content/uploads/Law-Professor-Open-Letter-May-16-2016.pdf\" target=\"_blank\">open letter\u003c/a> signed by 21 professors at leading law schools argued that \"free speech and due process on campus are now imperiled.\"\u003c/p>\n\u003cp>Similarly, a report last year from the \u003ca href=\"https://www.aaup.org/report/history-uses-and-abuses-title-ix\">American Association of University Professors\u003c/a> found, \"questions of free speech and academic freedom have been ignored\" in what it called \"abuses\" of Title IX.\u003c/p>\n\u003cp>In an emotional address, DeVos told anecdotes about accused students contemplating, and committing suicide. She mentioned a controversial case in which a \u003ca href=\"http://www.latimes.com/sports/usc/la-sp-matt-boermeester-removed-unfairly-girlfriend-says-20170730-story.html\" target=\"_blank\">University of Southern California football player was expelled \u003c/a>for what his girlfriend says was merely \"playful roughhousing.\"\u003c/p>\n\u003cp>She also denigrated sexual harassment codes that \"trample free speech rights.\"\u003c/p>\n\u003cp>Now, what happens?\u003c/p>\n\u003cp>Not too much, argues Scott Schneider. Former associate general counsel of Tulane University, he now works with universities on Title IX compliance for the law firm Fisher Phillips. \"None of my clients are going, 'Oh, wow. The Trump administration isn't as aggressive on enforcement now, we're going to scale back.\" The staffing-up and intensified investigations that happened the past several years are supported by advocates and prospective students, he says. However, he says that colleges may be ready to revisit policies with an eye toward improving due process for the accused.\u003c/p>\n\u003cp>\"When you say 'sexual misconduct', that goes on a transcript and that kid has some serious problems,\" says Vanessa Grigoriadis, a journalist who reported on sexual mores across several different campuses for her new book \"Blurred Lines: Rethinking Sex, Power & Consent On Campus.\"\u003c/p>\n\u003cp>\"That kid gets suspended, expelled, humiliated, his parents are totally ostracized. There is real pain on the other side.\" At the same time, she points out, surveys consistently show that more than one in five female college students is a victim of sexual misconduct, most of which is never investigated or punished. \"There is a lot of pain on the girls' side, too.\" \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Copyright 2017 NPR. To see more, visit http://www.npr.org/.\u003c/p>\n\n","blocks":[],"excerpt":"In a speech at George Mason University, the Education Secretary emphasized due process for the accused.","status":"publish","parent":0,"modified":1504813597,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":18,"wordCount":620},"headData":{"title":"Betsy DeVos Signals a Pullback on Campus Sex Misconduct Enforcement | KQED","description":"In a speech at George Mason University, the Education Secretary emphasized due process for the accused.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Betsy DeVos Signals a Pullback on Campus Sex Misconduct Enforcement","datePublished":"2017-09-07T19:04:49.000Z","dateModified":"2017-09-07T19:46:37.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11615820 https://ww2.kqed.org/news/?p=11615820","disqusUrl":"https://ww2.kqed.org/news/2017/09/07/betsy-devos-signals-a-pullback-on-campus-sex-misconduct-enforcement/","disqusTitle":"Betsy DeVos Signals a Pullback on Campus Sex Misconduct Enforcement","nprImageCredit":"Jacquelyn Martin","nprByline":"\u003cstrong>Anya Kamenetz\u003cbr />NPR\u003c/strong>","nprImageAgency":"AP","nprStoryId":"549197971","nprApiLink":"http://api.npr.org/query?id=549197971&apiKey=MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004","nprHtmlLink":"http://www.npr.org/sections/ed/2017/09/07/549197971/betsy-devos-signals-a-pullback-on-campus-sex-misconduct-enforcement?ft=nprml&f=549197971","nprRetrievedStory":"1","nprPubDate":"Thu, 07 Sep 2017 13:52:00 -0400","nprStoryDate":"Thu, 07 Sep 2017 13:52:24 -0400","nprLastModifiedDate":"Thu, 07 Sep 2017 13:52:24 -0400","path":"/news/11615820/betsy-devos-signals-a-pullback-on-campus-sex-misconduct-enforcement","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The Department of Education will change its approach to campus sexual misconduct and begin a public notice and comment process to issue new regulations, Education Secretary Betsy DeVos announced today. In a speech at George Mason University's Antonin Scalia Law School, DeVos decried \"a system run amok,\" \"kangaroo courts\" and repeatedly emphasized the plight of the accused. \"One rape is one too many ... one person denied due process is one too many,\" she said. Outside, protesters yelled, \"Stop protecting rapists!\"\u003c/p>\n\u003cp>A bit of background.\u003c/p>\n\u003cp>Title IX, a federal law passed in 1972, prohibits sex discrimination in education. It has been best known for driving the expansion of girls' and women's sports.\u003cbr>\n\u003c/p>\u003cp>\u003c/p>\u003cp>\u003cbr>\nThe Office of Civil Rights, or OCR, under President Obama took the position that Title IX protects girls and women from the threat of sexual assault, harassment or a hostile environment while pursuing their educations.\u003c/p>\n\u003cp>In \u003ca href=\"https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.html\" target=\"_blank\">letters\u003c/a> and official guidance, OCR told colleges and K-12 schools to investigate complaints more aggressively. Some of the consequences have been controversial across the political spectrum.\u003c/p>\n\u003cp>They were told to adopt a “preponderance of the evidence” standard used in civil cases, a lower burden of proof than is typically required in criminal court.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>And, OCR stepped up its own investigations of campuses over Title IX complaints. If colleges didn't comply, they stood to lose access to federal student aid, which almost no school can afford to do.\u003c/p>\n\u003cp>Colleges hired Title IX compliance officers -- dozens at schools like Yale and Harvard. They created new rules, policies and procedures. Students, faculty and staff took mandatory training on sex abuse and harassment. The Education Department launched hundreds of investigations, some of which have dragged on for years.\u003c/p>\n\u003cp>Legal experts and faculty have found fault. Last year, an \u003ca href=\"http://www.saveservices.org/wp-content/uploads/Law-Professor-Open-Letter-May-16-2016.pdf\" target=\"_blank\">open letter\u003c/a> signed by 21 professors at leading law schools argued that \"free speech and due process on campus are now imperiled.\"\u003c/p>\n\u003cp>Similarly, a report last year from the \u003ca href=\"https://www.aaup.org/report/history-uses-and-abuses-title-ix\">American Association of University Professors\u003c/a> found, \"questions of free speech and academic freedom have been ignored\" in what it called \"abuses\" of Title IX.\u003c/p>\n\u003cp>In an emotional address, DeVos told anecdotes about accused students contemplating, and committing suicide. She mentioned a controversial case in which a \u003ca href=\"http://www.latimes.com/sports/usc/la-sp-matt-boermeester-removed-unfairly-girlfriend-says-20170730-story.html\" target=\"_blank\">University of Southern California football player was expelled \u003c/a>for what his girlfriend says was merely \"playful roughhousing.\"\u003c/p>\n\u003cp>She also denigrated sexual harassment codes that \"trample free speech rights.\"\u003c/p>\n\u003cp>Now, what happens?\u003c/p>\n\u003cp>Not too much, argues Scott Schneider. Former associate general counsel of Tulane University, he now works with universities on Title IX compliance for the law firm Fisher Phillips. \"None of my clients are going, 'Oh, wow. The Trump administration isn't as aggressive on enforcement now, we're going to scale back.\" The staffing-up and intensified investigations that happened the past several years are supported by advocates and prospective students, he says. However, he says that colleges may be ready to revisit policies with an eye toward improving due process for the accused.\u003c/p>\n\u003cp>\"When you say 'sexual misconduct', that goes on a transcript and that kid has some serious problems,\" says Vanessa Grigoriadis, a journalist who reported on sexual mores across several different campuses for her new book \"Blurred Lines: Rethinking Sex, Power & Consent On Campus.\"\u003c/p>\n\u003cp>\"That kid gets suspended, expelled, humiliated, his parents are totally ostracized. There is real pain on the other side.\" At the same time, she points out, surveys consistently show that more than one in five female college students is a victim of sexual misconduct, most of which is never investigated or punished. \"There is a lot of pain on the girls' side, too.\" \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Copyright 2017 NPR. To see more, visit http://www.npr.org/.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11615820/betsy-devos-signals-a-pullback-on-campus-sex-misconduct-enforcement","authors":["byline_news_11615820"],"programs":["news_6944","news_72"],"categories":["news_8"],"tags":["news_20504","news_6215","news_21567"],"featImg":"news_11615828","label":"news_72"},"news_134816":{"type":"posts","id":"news_134816","meta":{"index":"posts_1591205157","site":"news","id":"134816","score":null,"sort":[1399294852000]},"guestAuthors":[],"slug":"cal-students-keep-pressing-for-stronger-action-on-sexual-assault-on-campus","title":"UC Berkeley Students Press for Stronger Action on Sexual Assaults","publishDate":1399294852,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cfigure id=\"attachment_134918\" class=\"wp-caption alignright\" style=\"max-width: 640px\">\u003cimg class=\"wp-image-134918 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/05/2878339067_8280ebb062_b-640x426.jpg\" alt='U.C. Berkeley is among the schools being investigated for their response to sexual assault cases. (Bernt Rostad/<a href=\"https://www.flickr.com/photos/brostad/\" target=\"_blank\">Flickr</a>)' width=\"640\" height=\"426\">\u003cfigcaption class=\"wp-caption-text\">UC Berkeley is among the schools being investigated for their response to sexual assault cases. (Bernt Rostad/\u003ca href=\"https://www.flickr.com/photos/brostad/\" target=\"_blank\">Flickr\u003c/a>)\u003c/figcaption>\u003c/figure>\n\u003cp>UC Berkeley students have provoked policy reforms and sparked a federal investigation into their university's handling of sexual assault cases on campus — and they're still pressing for further change.\u003c/p>\n\u003cp>They're part of a growing movement of students at universities across the country, and they're getting support from \u003ca href=\"http://ww2.kqed.org/news/2014/04/22/speier-legislation-sexual-assault-on-campus/\">Congress\u003c/a> and the \u003ca href=\"http://www.kqed.org/news/story/2014/04/30/137079/training_men_and_women_on_campus_to_speak_up_to_prevent_rape?source=npr&category=u.s.\">White House\u003c/a> to change discipline practices that they say gloss over allegations, re-traumatize victims and heavily favor the rights of the accused.\u003c/p>\n\u003cp>“I think that Cal’s been responding to sexual assault and to sexual assault survivors in a very deliberately indifferent way, honestly, for decades,” says Diva Kass, one of 31 current and former Cal students who filed a federal complaint against the school in February.\u003c/p>\n\u003cp>The movement began about a year and a half ago with well-publicized cases at Yale University and Amherst College. Then women who’d experienced similar traumas at other universities started connecting with each other on social media, teaching each other how to file complaints under the federal Title IX law.\u003c/p>\n\u003caside class=\"pullquote alignleft\">'It was humiliating, and it was really a second trauma.'\u003ccite>— Diva Kass,\u003cbr>\nSexual assault survivor\u003c/cite>\u003c/aside>\n\u003cp>And the chorus of complaints spread to the University of North Carolina at Chapel Hill, Harvard College, Occidental College, the University of Southern California and more — so many that the Department of Education’s Office for Civil Rights is now investigating more than 50 schools across the country. As of last month, that includes UC Berkeley.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Kass's story echoes many of those told by students at other schools. She grew up in Los Angeles and graduated from Cal in 2009. She says when she was a junior, a fellow student drugged and raped her in his fraternity bedroom.\u003c/p>\n\u003cp>“I only remember about 30 seconds or so of the actual assault,\" she recalls. \"I remember pushing the guy off of me and saying no and him not stopping, and then my memory of the night goes blank.”\u003c/p>\n\u003cp>Kass is now a law student at the University of Notre Dame. In her written testimony to the Department of Education, she says her experience with UC Berkeley went like this:\u003c/p>\n\u003cp>She struggled with fear and anxiety during the five months it took the university to hold a hearing about her claims. A university officer told Kass she couldn’t bring a lawyer or witnesses to the hearing, but when she got there, her alleged attacker had both. After she told her story, her alleged assailant got to directly interrogate her. When it was his turn to tell his side of the story, she had to leave the room.\u003c/p>\n\u003cp>“This person … completely took away my voice and violated my body,\" says Kass. \"And by allowing him to then question me about it and sort of set it up in a way where he had the control and the power of the situation again. … It was humiliating, and it was really a second trauma.”\u003c/p>\n\u003cp>The university found Kass’s alleged assailant not responsible for sexual assault. A university official told Kass that the accused could appeal the decision if he wanted, but she could not. Within a week, she was hospitalized for anxiety. His fraternity, she says, threw him a party.\u003c/p>\n\u003cp>“These stories are heartbreaking, and it just is very hard to hear that anybody on our campus would have had to endure such a difficult situation,\" says Claire Holmes, an associate vice chancellor and UC Berkeley spokeswoman.\u003c/p>\n\u003cp>[contextly_sidebar id=\"6f41fc8e274269b62a586277deb2fbfa\"]\u003c/p>\n\u003cp>She points out that Cal has recently made significant changes to its sexual assault policy and hired a survivor advocate to help victims through the process — though student activists still want them to go further.\u003c/p>\n\u003cp>Under the reforms, \u003cem>both\u003c/em> parties in a sexual assault case now can bring a lawyer and witnesses and can appeal a judicial decision, and officials must try to resolve cases within 60 days. Accused students can still directly question their accusers, as in Diva Kass’s case -- although federal guidelines explicitly discourage this practice. Cal says it will try to accommodate students who don’t feel comfortable being in the same room with their alleged attackers.\u003c/p>\n\u003cp>Besides the trauma for individuals like Diva Kass, advocates argue there’s a bigger issue of campus safety: If the judicial process is unsympathetic and ineffective, survivors won’t want to go through it. Sexual assaults will go unreported, and assailants will return to their dorm rooms.\u003c/p>\n\u003cp>That's part of what motivated Michele Dauber, a Stanford University law professor, to help lead a transformation of her school’s policies in 2010.\u003c/p>\n\u003cp>“If you have so many reported cases and so few findings of responsibility and disciplinary punishments, then you have an unchecked situation potentially of sexual assault on campus,\" Dauber says. \"You can’t guarantee the safety of your students.”\u003c/p>\n\u003cp>Nationally, researchers estimate that one in five college women suffers an actual or attempted sexual assault during her undergraduate years. The risk is especially high for freshmen and sophomores. And the vast majority of those assaults go unreported.\u003c/p>\n\u003cp>Reports appear to be low at Cal, too. The university was seeing only about six reports of sexual harassment and sexual assault annually until 2012, when the number jumped to 12. Last year it rose again to 16. But still, on a campus of 35,000 students, those numbers are small.\u003c/p>\n\u003caside class=\"pullquote alignleft\">'Students ... maybe felt that this was wrong but didn’t know that they had rights.'\u003ccite>— Professor Michele Dauber,\u003cbr>\nStanford Law School\u003c/cite>\u003c/aside>\n\u003cp>By most accounts, sexual assault has gone on mostly silently at universities for decades — until a pivotal moment came in 2011. The U.S. Department of Education issued a letter clarifying that Title IX, which prohibits sex discrimination and sexual harassment on college campuses, should also be understood to cover sexual assault. It made plain that universities that don’t act to stop such violence are breaking the law.\u003c/p>\n\u003cp>\"That letter really spurred some people to action,\" Dauber says. \"Some students who maybe felt that this was wrong but didn’t know that they had rights, and that told them that they did have rights.”\u003c/p>\n\u003cp>Now, the Department of Education’s Office for Civil Rights is investigating more than 50 schools -- and the list includes Harvard, Amherst, Occidental College and the University of Southern California.\u003c/p>\n\u003cp>There’s a reason why university policies have leaned so heavily toward the rights of the accused. It stems from cases in the 1960s when some universities expelled students for participating in civil rights protests, often without giving them any due process. The students sued, and the courts ordered schools to give accused students ample opportunity to defend themselves. That practice stuck.\u003c/p>\n\u003cp>\"If you look at that period from 1960 until almost the present day, the legal pressures that have been placed on institutions … have been almost exclusively from the perspective of the rights of accused students,\" says John Wesley Lowery. He's a professor of student affairs in higher education at Indiana University of Pennsylvania, and he’s studied student conduct systems across the country.\u003c/p>\n\u003cp>\"Only in recent years have we seen the federal government, and to a much lesser degree the courts, say 'We think there needs to be a balance here,' \" Lowery explains.\u003c/p>\n\u003cp>\u003ciframe src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/148046329&color=ff5500&auto_play=false&hide_related=false&show_artwork=true\" width=\"100%\" height=\"166\" frameborder=\"no\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\u003cp>Still, advocates for the defense caution that in trying to address survivors’ concerns, universities shouldn’t swing too far and abandon the accused students’ rights instead. Autumn Paine is an Oakland lawyer who has represented Cal students accused of sexual assault in criminal court, which is separate from the university judicial process.\u003c/p>\n\u003cp>“The person who’s being accused faces pretty significant consequences. This could ruin their academic career, this could end job prospects,\" she says. \"We want to make sure that that person has every opportunity to defend themselves.”\u003c/p>\n\u003cp>Paine says the reforms Cal has made so far sound reasonable.\u003c/p>\n\u003cp>But Sofie Karasek says they don't go far enough.\u003c/p>\n\u003cp>She’s a junior at Cal and one of the organizers of the complainants. She says she reported being assaulted — not raped — by another student in 2012. But the university resolved the matter privately with him, without conducting a formal investigation and without telling her what was going on.\u003c/p>\n\u003cp>Karasek wants Cal to provide a guaranteed right to a formal investigation, if the alleged victim wants one. And despite the reforms, she still perceives her university’s attitude toward sexual assault like this: “Don’t get raped. And if you do get raped, we’re not going to help you in any way. You’re on your own.”\u003c/p>\n\u003cp>UC Berkeley's Claire Holmes says that pains her to hear. “I certainly hope we can do a better job,\" she says. “We’re constantly reviewing and updating our policies. We want to work in coordination with our students, and I applaud these women who are incredibly brave who are trying to raise national attention to this important topic.”\u003c/p>\n\u003cp>Karasek and other Cal students recently met with California Rep. Jackie Speier (D-Hillsborough), who plans to introduce a bill this month to strengthen federal enforcement.\u003c/p>\n\u003cp>They’re part of a growing national network of students who connecting with each other on social media, teaching each other how to file federal complaints -- and even craft media strategies. And they’re not stopping until they see that universities not only change their policies on paper, but also follow through.\u003c/p>\n\u003cp>\u003cstrong>Resources\u003c/strong>\u003cbr>\n\u003ca href=\"http://endrapeoncampus.org/\">End Rape on Campus\u003c/a> (student network)\u003cbr>\n\u003ca href=\"http://knowyourix.org/\">Know Your IX\u003c/a> (student network)\u003cbr>\n\u003ca href=\"https://www.notalone.gov/\">Not Alone\u003c/a> (U.S. government portal)\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cstrong>Colleges and universities currently under Title IX investigation by the Department of Education's Office for Civil Rights for their handling of sexual harassment and assault:\u003c/strong>\u003c/p>\n\u003cul>\n\u003cli>Arizona State University\u003c/li>\n\u003cli>Butte-Glen Community College District\u003c/li>\n\u003cli>Occidental College\u003c/li>\n\u003cli>University of California-Berkeley\u003c/li>\n\u003cli>University of Southern California\u003c/li>\n\u003cli>Regis University\u003c/li>\n\u003cli>University of Colorado at Boulder\u003c/li>\n\u003cli>University of Colorado at Denver\u003c/li>\n\u003cli>University of Denver\u003c/li>\n\u003cli>University of Connecticut\u003c/li>\n\u003cli>Catholic University of America\u003c/li>\n\u003cli>Florida State University\u003c/li>\n\u003cli>Emory University\u003c/li>\n\u003cli>University of Hawaii at Manoa\u003c/li>\n\u003cli>University of Idaho\u003c/li>\n\u003cli>Knox College\u003c/li>\n\u003cli>University of Chicago\u003c/li>\n\u003cli>Indiana University-Bloomington\u003c/li>\n\u003cli>Vincennes University\u003c/li>\n\u003cli>Boston University\u003c/li>\n\u003cli>Emerson College\u003c/li>\n\u003cli>Harvard College\u003c/li>\n\u003cli>Harvard Law\u003c/li>\n\u003cli>Amherst College\u003c/li>\n\u003cli>University of Massachusetts-Amherst\u003c/li>\n\u003cli>Frostburg State University\u003c/li>\n\u003cli>Michigan State University\u003c/li>\n\u003cli>University of Michigan-Ann Arbor\u003c/li>\n\u003cli>Guilford College\u003c/li>\n\u003cli>University of North Carolina-Chapel Hill\u003c/li>\n\u003cli>Minot State University\u003c/li>\n\u003cli>Dartmouth College\u003c/li>\n\u003cli>Princeton University\u003c/li>\n\u003cli>City University of New York - Hunter College\u003c/li>\n\u003cli>Hobart & William Smith Colleges\u003c/li>\n\u003cli>Sarah Lawrence College\u003c/li>\n\u003cli>State University of New York at Binghamton\u003c/li>\n\u003cli>Denison University\u003c/li>\n\u003cli>Ohio State University\u003c/li>\n\u003cli>Wittenberg University\u003c/li>\n\u003cli>Oklahoma State University\u003c/li>\n\u003cli>Carnegie Mellon University\u003c/li>\n\u003cli>Franklin & Marshall College\u003c/li>\n\u003cli>Pennsylvania State University\u003c/li>\n\u003cli>Swarthmore College\u003c/li>\n\u003cli>Temple University\u003c/li>\n\u003cli>Vanderbilt University\u003c/li>\n\u003cli>Southern Methodist University\u003c/li>\n\u003cli>University of Texas-Pan American\u003c/li>\n\u003cli>College of William & Mary\u003c/li>\n\u003cli>University of Virginia\u003c/li>\n\u003cli>Washington State University\u003c/li>\n\u003cli>University of Wisconsin-Whitewater\u003c/li>\n\u003cli>Bethany College\u003c/li>\n\u003cli>West Virginia School of Osteopathic Medicine\u003c/li>\n\u003c/ul>\n\n","blocks":[],"excerpt":"Activists say Cal officials have been 'deliberately indifferent' to sexual violence and its survivors. ","status":"publish","parent":0,"modified":1399331367,"stats":{"hasAudio":true,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":40,"wordCount":1858},"headData":{"title":"UC Berkeley Students Press for Stronger Action on Sexual Assaults | KQED","description":"Activists say Cal officials have been 'deliberately indifferent' to sexual violence and its survivors. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"UC Berkeley Students Press for Stronger Action on Sexual Assaults","datePublished":"2014-05-05T13:00:52.000Z","dateModified":"2014-05-05T23:09:27.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"134816 http://ww2.kqed.org/news/?p=134816","disqusUrl":"https://ww2.kqed.org/news/2014/05/05/cal-students-keep-pressing-for-stronger-action-on-sexual-assault-on-campus/","disqusTitle":"UC Berkeley Students Press for Stronger Action on Sexual Assaults","customPermalink":"uc-berkeley-investigation-alleged-mishandling-sexual-assault/","path":"/news/134816/cal-students-keep-pressing-for-stronger-action-on-sexual-assault-on-campus","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_134918\" class=\"wp-caption alignright\" style=\"max-width: 640px\">\u003cimg class=\"wp-image-134918 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/05/2878339067_8280ebb062_b-640x426.jpg\" alt='U.C. Berkeley is among the schools being investigated for their response to sexual assault cases. (Bernt Rostad/<a href=\"https://www.flickr.com/photos/brostad/\" target=\"_blank\">Flickr</a>)' width=\"640\" height=\"426\">\u003cfigcaption class=\"wp-caption-text\">UC Berkeley is among the schools being investigated for their response to sexual assault cases. (Bernt Rostad/\u003ca href=\"https://www.flickr.com/photos/brostad/\" target=\"_blank\">Flickr\u003c/a>)\u003c/figcaption>\u003c/figure>\n\u003cp>UC Berkeley students have provoked policy reforms and sparked a federal investigation into their university's handling of sexual assault cases on campus — and they're still pressing for further change.\u003c/p>\n\u003cp>They're part of a growing movement of students at universities across the country, and they're getting support from \u003ca href=\"http://ww2.kqed.org/news/2014/04/22/speier-legislation-sexual-assault-on-campus/\">Congress\u003c/a> and the \u003ca href=\"http://www.kqed.org/news/story/2014/04/30/137079/training_men_and_women_on_campus_to_speak_up_to_prevent_rape?source=npr&category=u.s.\">White House\u003c/a> to change discipline practices that they say gloss over allegations, re-traumatize victims and heavily favor the rights of the accused.\u003c/p>\n\u003cp>“I think that Cal’s been responding to sexual assault and to sexual assault survivors in a very deliberately indifferent way, honestly, for decades,” says Diva Kass, one of 31 current and former Cal students who filed a federal complaint against the school in February.\u003c/p>\n\u003cp>The movement began about a year and a half ago with well-publicized cases at Yale University and Amherst College. Then women who’d experienced similar traumas at other universities started connecting with each other on social media, teaching each other how to file complaints under the federal Title IX law.\u003c/p>\n\u003caside class=\"pullquote alignleft\">'It was humiliating, and it was really a second trauma.'\u003ccite>— Diva Kass,\u003cbr>\nSexual assault survivor\u003c/cite>\u003c/aside>\n\u003cp>And the chorus of complaints spread to the University of North Carolina at Chapel Hill, Harvard College, Occidental College, the University of Southern California and more — so many that the Department of Education’s Office for Civil Rights is now investigating more than 50 schools across the country. As of last month, that includes UC Berkeley.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Kass's story echoes many of those told by students at other schools. She grew up in Los Angeles and graduated from Cal in 2009. She says when she was a junior, a fellow student drugged and raped her in his fraternity bedroom.\u003c/p>\n\u003cp>“I only remember about 30 seconds or so of the actual assault,\" she recalls. \"I remember pushing the guy off of me and saying no and him not stopping, and then my memory of the night goes blank.”\u003c/p>\n\u003cp>Kass is now a law student at the University of Notre Dame. In her written testimony to the Department of Education, she says her experience with UC Berkeley went like this:\u003c/p>\n\u003cp>She struggled with fear and anxiety during the five months it took the university to hold a hearing about her claims. A university officer told Kass she couldn’t bring a lawyer or witnesses to the hearing, but when she got there, her alleged attacker had both. After she told her story, her alleged assailant got to directly interrogate her. When it was his turn to tell his side of the story, she had to leave the room.\u003c/p>\n\u003cp>“This person … completely took away my voice and violated my body,\" says Kass. \"And by allowing him to then question me about it and sort of set it up in a way where he had the control and the power of the situation again. … It was humiliating, and it was really a second trauma.”\u003c/p>\n\u003cp>The university found Kass’s alleged assailant not responsible for sexual assault. A university official told Kass that the accused could appeal the decision if he wanted, but she could not. Within a week, she was hospitalized for anxiety. His fraternity, she says, threw him a party.\u003c/p>\n\u003cp>“These stories are heartbreaking, and it just is very hard to hear that anybody on our campus would have had to endure such a difficult situation,\" says Claire Holmes, an associate vice chancellor and UC Berkeley spokeswoman.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>She points out that Cal has recently made significant changes to its sexual assault policy and hired a survivor advocate to help victims through the process — though student activists still want them to go further.\u003c/p>\n\u003cp>Under the reforms, \u003cem>both\u003c/em> parties in a sexual assault case now can bring a lawyer and witnesses and can appeal a judicial decision, and officials must try to resolve cases within 60 days. Accused students can still directly question their accusers, as in Diva Kass’s case -- although federal guidelines explicitly discourage this practice. Cal says it will try to accommodate students who don’t feel comfortable being in the same room with their alleged attackers.\u003c/p>\n\u003cp>Besides the trauma for individuals like Diva Kass, advocates argue there’s a bigger issue of campus safety: If the judicial process is unsympathetic and ineffective, survivors won’t want to go through it. Sexual assaults will go unreported, and assailants will return to their dorm rooms.\u003c/p>\n\u003cp>That's part of what motivated Michele Dauber, a Stanford University law professor, to help lead a transformation of her school’s policies in 2010.\u003c/p>\n\u003cp>“If you have so many reported cases and so few findings of responsibility and disciplinary punishments, then you have an unchecked situation potentially of sexual assault on campus,\" Dauber says. \"You can’t guarantee the safety of your students.”\u003c/p>\n\u003cp>Nationally, researchers estimate that one in five college women suffers an actual or attempted sexual assault during her undergraduate years. The risk is especially high for freshmen and sophomores. And the vast majority of those assaults go unreported.\u003c/p>\n\u003cp>Reports appear to be low at Cal, too. The university was seeing only about six reports of sexual harassment and sexual assault annually until 2012, when the number jumped to 12. Last year it rose again to 16. But still, on a campus of 35,000 students, those numbers are small.\u003c/p>\n\u003caside class=\"pullquote alignleft\">'Students ... maybe felt that this was wrong but didn’t know that they had rights.'\u003ccite>— Professor Michele Dauber,\u003cbr>\nStanford Law School\u003c/cite>\u003c/aside>\n\u003cp>By most accounts, sexual assault has gone on mostly silently at universities for decades — until a pivotal moment came in 2011. The U.S. Department of Education issued a letter clarifying that Title IX, which prohibits sex discrimination and sexual harassment on college campuses, should also be understood to cover sexual assault. It made plain that universities that don’t act to stop such violence are breaking the law.\u003c/p>\n\u003cp>\"That letter really spurred some people to action,\" Dauber says. \"Some students who maybe felt that this was wrong but didn’t know that they had rights, and that told them that they did have rights.”\u003c/p>\n\u003cp>Now, the Department of Education’s Office for Civil Rights is investigating more than 50 schools -- and the list includes Harvard, Amherst, Occidental College and the University of Southern California.\u003c/p>\n\u003cp>There’s a reason why university policies have leaned so heavily toward the rights of the accused. It stems from cases in the 1960s when some universities expelled students for participating in civil rights protests, often without giving them any due process. The students sued, and the courts ordered schools to give accused students ample opportunity to defend themselves. That practice stuck.\u003c/p>\n\u003cp>\"If you look at that period from 1960 until almost the present day, the legal pressures that have been placed on institutions … have been almost exclusively from the perspective of the rights of accused students,\" says John Wesley Lowery. He's a professor of student affairs in higher education at Indiana University of Pennsylvania, and he’s studied student conduct systems across the country.\u003c/p>\n\u003cp>\"Only in recent years have we seen the federal government, and to a much lesser degree the courts, say 'We think there needs to be a balance here,' \" Lowery explains.\u003c/p>\n\u003cp>\u003ciframe src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/148046329&color=ff5500&auto_play=false&hide_related=false&show_artwork=true\" width=\"100%\" height=\"166\" frameborder=\"no\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\u003cp>Still, advocates for the defense caution that in trying to address survivors’ concerns, universities shouldn’t swing too far and abandon the accused students’ rights instead. Autumn Paine is an Oakland lawyer who has represented Cal students accused of sexual assault in criminal court, which is separate from the university judicial process.\u003c/p>\n\u003cp>“The person who’s being accused faces pretty significant consequences. This could ruin their academic career, this could end job prospects,\" she says. \"We want to make sure that that person has every opportunity to defend themselves.”\u003c/p>\n\u003cp>Paine says the reforms Cal has made so far sound reasonable.\u003c/p>\n\u003cp>But Sofie Karasek says they don't go far enough.\u003c/p>\n\u003cp>She’s a junior at Cal and one of the organizers of the complainants. She says she reported being assaulted — not raped — by another student in 2012. But the university resolved the matter privately with him, without conducting a formal investigation and without telling her what was going on.\u003c/p>\n\u003cp>Karasek wants Cal to provide a guaranteed right to a formal investigation, if the alleged victim wants one. And despite the reforms, she still perceives her university’s attitude toward sexual assault like this: “Don’t get raped. And if you do get raped, we’re not going to help you in any way. You’re on your own.”\u003c/p>\n\u003cp>UC Berkeley's Claire Holmes says that pains her to hear. “I certainly hope we can do a better job,\" she says. “We’re constantly reviewing and updating our policies. We want to work in coordination with our students, and I applaud these women who are incredibly brave who are trying to raise national attention to this important topic.”\u003c/p>\n\u003cp>Karasek and other Cal students recently met with California Rep. Jackie Speier (D-Hillsborough), who plans to introduce a bill this month to strengthen federal enforcement.\u003c/p>\n\u003cp>They’re part of a growing national network of students who connecting with each other on social media, teaching each other how to file federal complaints -- and even craft media strategies. And they’re not stopping until they see that universities not only change their policies on paper, but also follow through.\u003c/p>\n\u003cp>\u003cstrong>Resources\u003c/strong>\u003cbr>\n\u003ca href=\"http://endrapeoncampus.org/\">End Rape on Campus\u003c/a> (student network)\u003cbr>\n\u003ca href=\"http://knowyourix.org/\">Know Your IX\u003c/a> (student network)\u003cbr>\n\u003ca href=\"https://www.notalone.gov/\">Not Alone\u003c/a> (U.S. government portal)\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Colleges and universities currently under Title IX investigation by the Department of Education's Office for Civil Rights for their handling of sexual harassment and assault:\u003c/strong>\u003c/p>\n\u003cul>\n\u003cli>Arizona State University\u003c/li>\n\u003cli>Butte-Glen Community College District\u003c/li>\n\u003cli>Occidental College\u003c/li>\n\u003cli>University of California-Berkeley\u003c/li>\n\u003cli>University of Southern California\u003c/li>\n\u003cli>Regis University\u003c/li>\n\u003cli>University of Colorado at Boulder\u003c/li>\n\u003cli>University of Colorado at Denver\u003c/li>\n\u003cli>University of Denver\u003c/li>\n\u003cli>University of Connecticut\u003c/li>\n\u003cli>Catholic University of America\u003c/li>\n\u003cli>Florida State University\u003c/li>\n\u003cli>Emory University\u003c/li>\n\u003cli>University of Hawaii at Manoa\u003c/li>\n\u003cli>University of Idaho\u003c/li>\n\u003cli>Knox College\u003c/li>\n\u003cli>University of Chicago\u003c/li>\n\u003cli>Indiana University-Bloomington\u003c/li>\n\u003cli>Vincennes University\u003c/li>\n\u003cli>Boston University\u003c/li>\n\u003cli>Emerson College\u003c/li>\n\u003cli>Harvard College\u003c/li>\n\u003cli>Harvard Law\u003c/li>\n\u003cli>Amherst College\u003c/li>\n\u003cli>University of Massachusetts-Amherst\u003c/li>\n\u003cli>Frostburg State University\u003c/li>\n\u003cli>Michigan State University\u003c/li>\n\u003cli>University of Michigan-Ann Arbor\u003c/li>\n\u003cli>Guilford College\u003c/li>\n\u003cli>University of North Carolina-Chapel Hill\u003c/li>\n\u003cli>Minot State University\u003c/li>\n\u003cli>Dartmouth College\u003c/li>\n\u003cli>Princeton University\u003c/li>\n\u003cli>City University of New York - Hunter College\u003c/li>\n\u003cli>Hobart & William Smith Colleges\u003c/li>\n\u003cli>Sarah Lawrence College\u003c/li>\n\u003cli>State University of New York at Binghamton\u003c/li>\n\u003cli>Denison University\u003c/li>\n\u003cli>Ohio State University\u003c/li>\n\u003cli>Wittenberg University\u003c/li>\n\u003cli>Oklahoma State University\u003c/li>\n\u003cli>Carnegie Mellon University\u003c/li>\n\u003cli>Franklin & Marshall College\u003c/li>\n\u003cli>Pennsylvania State University\u003c/li>\n\u003cli>Swarthmore College\u003c/li>\n\u003cli>Temple University\u003c/li>\n\u003cli>Vanderbilt University\u003c/li>\n\u003cli>Southern Methodist University\u003c/li>\n\u003cli>University of Texas-Pan American\u003c/li>\n\u003cli>College of William & Mary\u003c/li>\n\u003cli>University of Virginia\u003c/li>\n\u003cli>Washington State University\u003c/li>\n\u003cli>University of Wisconsin-Whitewater\u003c/li>\n\u003cli>Bethany College\u003c/li>\n\u003cli>West Virginia School of Osteopathic Medicine\u003c/li>\n\u003c/ul>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/134816/cal-students-keep-pressing-for-stronger-action-on-sexual-assault-on-campus","authors":["228"],"programs":["news_6944"],"categories":["news_6188"],"tags":["news_4750","news_1527","news_6215","news_17597"],"featImg":"news_134918","label":"news_6944"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. 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