11-Jul-06 3:00 PM CST
National Baseline Study on Campus Sexual Assault: Adjudication of Sexual Assault Cases
Executive Summary
The National Baseline Study on Campus Sexual Assault: Adjudication of Sexual Assault Cases was initiated by the Association for Student Judicial Affairs (ASJA), following passage of the Violent Crime Control and Law Enforcement Act of 1994 (Pub. L. 103-322). ASJA decided to gather data regarding one particular section of the Act which focused on “the ability of educational institutions’ disciplinary processes to address allegations of sexual assault adequately and fairly” (Violent Crime Control and Law Enforcement Act of 1994, Pub. L.103-322, Part 40506).
ASJA invited a number of professional associations to join a Task Force which would develop and distribute a survey regarding the process used by colleges and universities to adjudicate sexual assault cases. Seven associations appointed representatives who assisted with development of an instrument which was ultimately mailed to 419 voting delegates of the National Association of Student Personnel Administrators. Following two mailings of the survey a 41% return rate was achieved.
Of respondents, 73% held the position of dean, associate or assistant dean, 46% were from private institutions and 51% from publics. Roughly half of respondents indicated that the judicial officer at their institution had not received any reports regarding incidents of sexual assault and approximately 60% of institutions did not hold a sexual assault hearing during the three-year period for which data was collected. At most institutions where sexual assault cases were adjudicated, only or two were heard per year.
The majority of institutions, 88% encourage alleged victims to report incidents to the local police. Campus police were most likely to be involved in the investigation of incidents, with the judicial or chief student affairs officer likely to be involved at about 50% of institutions. Most institutions, 79% provided for formal disciplinary hearings for sexual assault cases and 28% reported offering the option of an informal hearing. About half of responding institutions provided special training to prepare judicial board members to adjudicate cases.
Sixty percent of institutions allowed the accused to bring an attorney to the hearing, while 54% provided the accuser with the opportunity to bring counsel to the hearing. Most institutions, 87-88%, permitted the accuser and accused to bring an advocate to the hearing. Hearings were closed at 94% of institutions. Just over half of the boards adjudicating cases used the standard “preponderance of evidence” when deciding cases.
Other findings shed light on: (a) the sources of information available to students regarding the process used to adjudicate sexual assault cases, (b) the types of evidence available for use during a hearing, (c) the parties most likely to be involved in the investigation and adjudication of cases, and (d) the rights afforded the accuser and accused prior to, during, and after a hearing.
For the remainder of the study: 
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For additional information on this White Papers article, please contact:
John Lowery
Source: Penney, Tucker, & Lowery
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Content Tags: white papers • sexual assault
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