Association for Public Policy Analysis & Management

On November 16, 2018, under President Trump’s direction, the United States Department of Education (USDOE) published the latest Title IX guidelines, specifically outlining how universities handle sexual misconduct. These updates evoked polarizing emotional responses. On one side, many felt it retracted victims’ rights, and on the other, individuals saw it as a restoration of due process. This political move is not the first time a presidential administration has issued strong rhetoric regarding Title IX and universities’ responsibilities regarding sexual violence. Initially, President Obama released the 2011 “Dear Colleague Letter” and commissioned a White House task force to further investigate the prevalence of sexual violence at the university level. Both initiatives resulted in a ten item checklist suggesting what universities should include in their campus sexual misconduct policies. In fact, the current administration’s instructions directly address and rescind many of President Obama’s guidelines.

Regardless of party politics, sexual assault is a problem for American universities and colleges. Nearly one third of women are victims of sexual assault during college (Finley & Corty, 1993), and college women are at a higher risk for sexual assault than other women in their age group (Armstrong, Hamilton, & Sweeney, 2006). Yet, official university counts of sexual violence are vastly underreported (Yung, 2015; Armstrong, Hamilton, & Sweeney, 2006). Moreover, 90% of campus rapes happen with an acquaintance and 50% of college males admitted in a survey of using coercion or violence to have intercourse with a woman (Day, 1995). Many sexual assault survivors develop Post Traumatic Stress Disorder (PTSD), and often feel re-victimized during the adjudication process (Streng & Kamimura, 2015).

The negative effects of sexual assault are unquestionable. Yet similar to other education-related policies, politics plays a role in how the policy is constructed and implemented. Therefore, how does political pressure affect university sexual misconduct policies? This study systematically reviews the sexual misconduct policies of the largest public universities in all 50 states. Using President Obama’s Not Alone checklist, the review will evaluate university compliance with both administration’s guidelines. This study is strictly descriptive, and provides commentary on the role of politics in sexual misconduct policies. A university’s rate of compliance is not a signal for policy effectiveness, perceived safety, or prevalence of sexual assault at that institution.