Families Advocating for Campus Equality

Last updated
Families Advocating for Campus Equality
Founded2014;9 years ago (2014)
FounderSherry Warner Seefeld
Allison Strange
Focus Title IX equality
Key people
Cynthia Garrett (Co-President)
Website facecampusequality.org

Families Advocating for Campus Equality (FACE) is an American advocacy group whose stated goal is to ensure fairness and due process for all parties involved in allegations of sexual misconduct on college and university campuses. FACE was started by Sherry Warner Seefeld and two other mothers who say their sons were falsely accused of sexual misconduct on their college campuses. [1]

Contents

History

Cynthia P. Garrett, an attorney, is currently the co-president of FACE, [2] which has expanded rapidly over the last few years as awareness of campus Title IX issues has become more well publicized. [3]

Issues

Specifically, FACE objects to many schools' Title IX proceedings that deny students basic procedures traditionally provided to those defending themselves against allegations of wrongdoing, such as: not being informed of the specific accusations, denied access to the complaint, witness statements, and evidence, and not being permitted to contact and present witnesses. [4] FACE and others who support more protections for accused students say these procedures were denied students due to the Department of Education's "civil-rights office and its aggressive enforcement of Title IX and victims' rights during the Obama years." [5] "Critics say the guidance went too far and effectively directed colleges to tilt their processes in favor of victims, trampling on the rights of accused students." [5]

Seefeld, FACE's first president, acknowledges the problem of sexual assault on college campuses, but says "Even if a small percentage of rape reports are given falsely, it's not OK to throw away one person's life". [1] Seefeld's son, Caleb Warner, was accused in January 2010 of sexually assaulting a fellow University of North Dakota student. [6] He was initially suspended from the university, but the sanction was later lifted after a warrant was issued for his accuser for her arrest for making a false report to law enforcement. [7] [8]

According to FACE board member and attorney Eric Rosenberg, who has represented numerous accused students, "'There has been a massive fear on campuses of OCR' ... Now, he said, 'the voice of the falsely accused is beginning to be heard in ways that were not previously available to them.'" [5]

Advocacy

FACE has become involved in educating state and federal legislators about the need for improvement in the way campuses respond to allegations of sexual harassment and misconduct. "In a very short time, FACE has come a very long way as an advocacy organization for students accused of sexual misconduct on campus. Beginning as a 'mommy org,' it's gained substantial sophistication in dealing with Title IX." [3]

On July 13, 2017, FACE co-president Cynthia Garrett shepherded several students to a meeting in Washington DC with Department of Education Secretary Betsy DeVos. Later, during Secretary DeVos' September 7, 2017 speech at George Mason University, she mentioned the cases of two FACE students with whom she had met. In that speech, DeVos reported, "Since becoming Secretary, I've heard from many students whose lives were impacted by sexual misconduct: students who came to campus to gain knowledge, and who instead lost something sacred." The Secretary declared, "We know this much to be true: one rape is one too many. One assault is one too many. One aggressive act of harassment is one too many. One person denied due process is one too many." [9]

Positions

FACE maintains that the goals of victim protection and equitable processes are not mutually exclusive: "Our goals are not to get rid of Title IX, ... Our goals are not to deny anybody civil rights ... [Nor does FACE] want the civil-rights office to stop enforcing Title IX with respect to campus sexual violence." [5] According to Garrett, "We're looking for a balanced solution and we don't believe the current enforcement, or 'Dear Colleague' letter offers a balanced solution." [10] In another interview, Garrett said, "We want fair procedures. We don't want to take away Title IX." [11]

As an example, Garrett served on an American Bar Association Criminal Justice Section task force which addressed the problem and, along with victims' advocates and campus administrators, was able to reach a consensus on procedures that would protect the interests of all parties. In June 2017, the task force issued its "recommendations to guide colleges and universities". [12] Garrett said FACE is "not looking for a one-sided, make-it-impossible for complainants to have their rights vindicated" approach. [10]

In 2015, FACE criticized Senator Kirsten Gillibrand for inviting Emma Sulkowicz to the State of the Union Address, saying such an honor was "undeserved and violates the principles of confidentiality and gender equality of Title IX, the law that oversees sexual misconduct on campus" and saying that "Sulkowicz failed to establish any wrongdoing by the student she accused after a tribunal, and an appeal at Columbia, as well as an investigation by the New York Police Department." [13] In July 2017 Columbia settled with Nungesser on undisclosed terms.

See also

Related Research Articles

<span class="mw-page-title-main">Title IX</span> United States federal law prohibiting sex discrimination in federally-funded education programs

Title IX is the most commonly used name for the landmark federal civil rights law in the United States that was enacted as part of the Education Amendments of 1972. It prohibits sex-based discrimination in any school or any other education program that receives funding from the federal government. This is Public Law No. 92‑318, 86 Stat. 235, codified at 20 U.S.C. §§ 1681–1688.

The Office for Civil Rights (OCR) is a sub-agency of the U.S. Department of Education that is primarily focused on enforcing civil rights laws prohibiting schools from engaging in discrimination on the basis of race, color, national origin, sex, disability, age, or membership in patriotic youth organizations.

Sexual harassment in education in the United States is an unwelcome behavior of a sexual nature that interferes with an American student's ability to learn, study, work or participate in school activities. It is common in middle and high schools in the United States. Sexual or gender harassment is a form of discrimination under Title IX of the Education Amendments of 1972. Sexual harassment involves a range of behavior from mild annoyances to unwanted touching and, in extreme cases, rape or other sexual assault.

Equal Rights Advocates (ERA) is an American non-profit gender justice/women's rights organization that was founded in 1974. ERA is a legal and advocacy organization for advancing rights and opportunities for women, girls, and people of gender identities through legal cases and policy advocacy.

Campus sexual assault is the sexual assault, including rape, of a student while attending an institution of higher learning, such as a college or university. The victims of such assaults are more likely to be female, but any gender can be victimized. Estimates of sexual assault, which vary based on definitions and methodology, generally find that somewhere between 19 and 27% of college women and 6–8% of college men are sexually assaulted during their time in college.

Angie Epifano, a former student at Amherst College, gained widespread media attention and millions of page views after she wrote an essay on her personal experience of sexual assault that was published in the Amherst student newspaper, The Amherst Student. After the publication of her essay, Amherst College began investigating its sexual assault procedures, and women from other college campuses in the United States came forward to file federal complaints under Title IX and to form groups to reduce sexual assault on college campuses.

The Campus Accountability and Safety Act (CASA) was a bill introduced in the 114th United States Congress with the goal of reducing sexual violence on college and university campuses. First introduced in 2014, a revised bill was introduced in February 2015 by Senator Claire McCaskill of Missouri with nine bi-partisan cosponsors. 43 cosponsors eventually signed on. The bill died in committee at the end of the session without reaching a floor vote in either house.

In April 2013, Occidental College was one of the first in a series of US higher education institutions to be accused of failing to take campus sex crimes seriously by improperly reporting and adjudicating sexual assaults and covering up rapes. Occidental students and faculty filed two federal complaints against the College, alleging violations of Title IX of the US Education Amendments of 1972 and the Clery Act.

<i>Mattress Performance (Carry That Weight)</i> American performance art piece

Mattress Performance (Carry That Weight) (2014–2015) was a work of endurance/performance art which Emma Sulkowicz conducted as a senior thesis during the final year of a visual arts degree at Columbia University in New York City.

Know Your IX is an American political advocacy group founded in 2013. It aims to inform students of their right to an education free from gender-based violence under Title IX of the Education Amendments of 1972, which prohibits sex discrimination in institutions receiving federal government funding. The organization also seeks to influence legislation and policy to improve federal enforcement of Title IX and treatment of student victims.

<span class="mw-page-title-main">Emma Sulkowicz</span> American performance artist and activist

Emma Sulkowicz is best known as a political activist and performance artist. While still a college student, Sulkowicz developed a national reputation with the performance artwork Mattress Performance (2014–2015). In 2019, she said she had stopped making art and began a master's program in traditional Chinese medicine.

The ARC3 Survey is a campus climate survey developed to assess perpetration and victimization of sexual misconduct on college campuses in the United States. In addition to measuring rates of sexual assault on campus, the survey also gathers data on those who are engaging in sexual assault. It was developed by a group of sexual assault researchers and student affairs professionals in response to the White House Task Force to Protect Students from Sexual Assault. The survey is free for college campuses to use. The study has been used to assess both graduate and undergraduate students.

The Safe Campus Act was introduced to the US House of Representatives by Matt Salmon (R-AZ), Pete Sessions (R-TX), and Kay Granger (R-TX) on July 29, 2015. The bill aims to prevent colleges from pursuing internal investigations in cases of campus sexual assault. This restriction would legally require alleged victims of sexual assault to report the crime to the police in order to see justice on campus.

In April 2013, Emma Sulkowicz, an American fourth-year visual arts major at Columbia University in New York City, filed a complaint with Columbia University requesting expulsion of fellow fourth-year student and German national, Paul Nungesser, alleging he had raped Sulkowicz in her dorm room on August 27, 2012. Nungesser was found not responsible by a university inquiry.

After a sexual assault or rape, victims are often subjected to scrutiny and, in some cases, mistreatment. Victims undergo medical examinations and are interviewed by police. If there is a criminal trial, victims suffer a loss of privacy, and their credibility may be challenged. Victims may also become the target of slut-shaming, abuse, social stigmatization, sexual slurs and cyberbullying. These factors, contributing to a rape culture, are among some of the reasons that may contribute up to 80% of all rapes going unreported in the U.S, according to a 2016 study done by the U.S. Department of Justice.

<span class="mw-page-title-main">Catherine E. Lhamon</span> American attorney and government official (born 1971)

Catherine Elizabeth Lhamon is an American attorney and government official who is the assistant secretary for civil rights at the Department of Education. She previously served in this position from 2013 to 2017. During her tenure, Lhamon instituted changes to Title IX rules that were praised by some feminist and progressive groups, but received criticism across the political spectrum as violations of due process. She was also deputy chair of the United States Domestic Policy Council for racial justice and equality from January to October 2021, and chaired the United States Commission on Civil Rights from 2016 to 2021.

Candice Erin Jackson is an American lawyer and former government official from California. She served in the Trump administration as the Deputy Assistant Secretary for Strategic Operations and Outreach in the Office for Civil Rights (OCR) of the U.S. Department of Education, and the Office's Acting Assistant Secretary from April 2017 to July 2018. From July 2018 to January 2021, she served as the Deputy General Counsel of the Department of Education.

<span class="mw-page-title-main">MeToo movement</span> Social movement against sexual abuse and harassment

#MeToo is a social movement and awareness campaign against sexual abuse, sexual harassment, and rape culture, in which people publicize their experiences of sexual abuse or sexual harassment. The phrase "Me Too" was initially used in this context on social media in 2006, on Myspace, by sexual assault survivor and activist Tarana Burke. The hashtag #MeToo was used starting in 2017 as a way to draw attention to the magnitude of the problem.

McAllister Olivarius is an international law firm dual-headquartered in London and New York. It specializes in civil litigation and plaintiff work, particularly in education and employment law.

Ben Feibleman v. Columbia University (2020), formally known as John Doe v. Columbia University, is a Title IX case that was brought to the United States District Court for the Southern District of New York on the basis of anti-male bias which discriminates against male students accused of sexual assault. Columbia University launched an investigation of a sexual assault that was reported by Jane Doe in which Columbia found Jane Doe to be more credible and revoked Feiblemans degree from the Graduate School of Journalism. Feibleman filed a lawsuit against Columbia University. A settlement for undisclosed sum was made on December 23, 2020, which restored Feibleman's diploma.

References

  1. 1 2 Frank, Tracy (24 August 2014). "Nonprofit supports rights of those accused of campus sexual assault". The Bismarck Tribune. Retrieved 4 February 2015.
  2. ↑ "Families Advocating For Campus Equality".
  3. 1 2 "Will DoJ Add Students To SORA? - Simple Justice".
  4. ↑ Lakshmi Singh. "Education Secretary Proposes Enhanced Protections For Those Accused Of Sexual Assault On Campus". NPR.
  5. 1 2 3 4 Sarah Brown. "Students Accused of Sexual Assault Have the Government's Ear. What Are Their Goals?". The Chronicle of Higher Education.
  6. ↑ "Presumed Guilty". The Chronicle of Higher Education.
  7. ↑ "University of North Dakota: Accuser Is Criminally Charged with Lying to Police, But School Refuses to Reopen Misconduct Case - FIRE". Foundation for Individual Rights in Education.
  8. ↑ "With New Law, North Dakota Guarantees College Students' Right to Attorney - FIRE". Foundation for Individual Rights in Education.
  9. ↑ "Secretary DeVos Prepared Remarks on Title IX Enforcement - U.S. Department of Education". www.ed.gov.
  10. 1 2 "The beginning of the end for Obama's Title IX rules?". POLITICO.
  11. ↑ Silva, Danielle (13 July 2017). "Education Department Official Apologizes for Campus Assault Comments". NBC News.
  12. ↑ "ABA Task Force on College Due Process Rights and Victim Protections releases final report « ABA News Archives". www.americanbar.org.
  13. ↑ Richardson, Valerie (26 January 2015). "Kirsten Gillibrand blasted for decision to invite Columbia 'mattress girl' to SOTU". The Washington Times. Retrieved 3 February 2015.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.