A simple way to support survivors of sexual violence on California campuses | Opinion
Students who experience sexual violence on U.S. college campuses deserve meaningful support if they choose to report. Yet, the system meant to protect them often fails.
Nearly one in four undergraduate women and gender-nonconforming students will experience sexual violence during their time on campus, according to the Rape, Abuse and Incest National Network (RAINN). However, according to a report by the Association of American Universities, only 3% of students who experienced sexual violence or harassment contacted their Title IX office.
Why are so few students being heard despite high rates of sexual violence?
At Stanford Law School, I help run the Campus Survivor’s Pro Bono Project. We train law students to provide trauma-informed care and assistance to survivors going through the Title IX process. Title IX, part of the Federal Education Amendments Act of 1972, prohibits sex‑based discrimination, which includes sexual violence, in any federally funded educational programs.
Institutions have requirements for reporting procedures, protections against retaliation and fair resolution processes. I work with student survivors navigating this system at colleges across California, and I have seen the inspiring resilience that students display in coming forward. But I have also witnessed the emotional isolation built into the very system that is supposed to protect their civil rights.
When someone reports a potential Title IX violation, the Title IX office reaches out to detail their options, which include supportive measures and the decision to pursue a formal investigation. If they choose to proceed, the institution notifies the accused and launches that investigation, during which time both parties can provide evidence and witness statements. After this concludes, the investigator will determine whether a hearing is appropriate, and, if so, it is scheduled.
The hearing includes direct and cross-examination, presided over by a hearing officer. After that, guilt is determined, and a written finding is issued to both parties (including possible punishments), followed by an opportunity to appeal. This process can drag on for more than a year, severely disrupting students’ lives, and it can vary widely, which is why it is so important that students have support in navigating this system.
One explanation for a lack of reporting is that students often avoid the Title IX system due to the process itself being retraumatizing. It can be unbearable to make survivors relive the worst moments of their lives in a setting that offers little emotional protection. Research from RAINN shows that survivors of sexual violence face elevated risks of post-traumatic stress disorder, depression, anxiety, sleep disorders and self-harm long after an assault.
However, under California state law and Federal Title IX regulations, colleges are only required to let one person accompany students in these proceedings: a support person or an advisor. An advisor is typically someone who can provide legal support, while a support person is often a family member, friend or trauma-informed advocate. These are drastically different roles. However, we currently force survivors to make an impossible choice between legal counsel and emotional support.
The solution is simple: let them have both.
This is not a radical proposal. The University of California (UC) system already has it in place.
Under UC Title IX policy, each party throughout proceedings has the right to an advisor and a support person. This framework recognizes that legal advocacy and emotional support are distinct and important parts of a fair process. By allowing both, the UC system ensures that Title IX proceedings are professional, fair and humane. This benefits all students, even those facing accusations of misconduct.
We need to amend the California Education Code to adopt the UC policy for every institution of higher education. This change would be cost-free, supportive, straightforward and fair.
I got involved in sexual violence work during college because I saw friends who had to suffer in silence, unsupported by the systems meant to keep them safe. Today, through our pro bono work, I see just how much of a difference it makes when survivors have a team behind them.
Partial support isn’t enough. Student survivors deserve an advisor to fight for them and an advocate to stand with them. It is time for the law to let them have both.
David Millman is a Knight-Hennessy Scholar at Stanford Law School and student co-director of the Campus Survivors Pro Bono Project.