Confronting Campus Sexual Assault: An Examination of Higher Education Claims

Virtually all colleges and universities must investigate and adjudicate reports of sexual assault. An analysis of claims reported to United Educators (UE) from 2006 to 2010 reveals that institutions do fulfill their duty to respond to cases of sexual assault. These cases often involve little or no forensic evidence, delays in reporting, alcohol use, and differing accounts of consent and students may be unable to pursue criminal charges. This report discusses the key findings of UE’s claims study and looks at:

• Perpetrator and victim characteristics
• Circumstances of the assault
• Response from the institution
• Resulting civil litigation

UE’s claims studies are snapshots of claims received in a defined time frame. This report addresses claims from 2006-2010. As a result, this report does not take into account the 2020 Title IX regulations issued by the Department of Education and contains references to, and recommendations based on, prior guidance in effect at the time of the study.

• Take a comprehensive approach to preventing and responding to sexual assault, changing policies to comply with the law, and working to change campus culture.
• Ensure policies address high-risk behavior such as binge drinking and inappropriate conduct such as bullying and hazing.
• Offer general sex education to help students navigate intimate relationships and understand how to have healthy outcomes.
• Direct prevention efforts to high-profile groups, such as athletes and Greek life, and promote culture change within these groups.
• Train faculty, staff, and students on how to identify and respond to, and report sexual violence.