If they’re not held accountable at school, what’s to stop them from becoming the villain of another woman’s #MeToo story once they enter the work force?
Among other changes, her proposed rule would require schools to dismiss all incidents that do not meet an extremely narrow definition of sexual harassment: “so severe, pervasive and objectively offensive that it effectively denies a person equal access” to education. As Dana Bolger, a co-founder of Know Your IX, a national youth-led campaign against sexual violence, has pointed out, some courts have ruled that a rape does not meet this standard.
The rule would essentially eliminate schools’ responsibility to respond to incidents off campus, which make up 95 percent of sexual assaults of female students, according to the Department of Justice. Moreover, schools would not be legally responsible for addressing any sexual harassment that is not reported to a school official designated to deal with that issue.
The overall effect of the proposed rule — which supporters say would restore due-process rights to those accused of sexual assault and harassment — would be to make reporting, already an uphill battle for raped and harassed students, feel even more futile.
..“It is completely illogical that at a time when the public is finally coming to terms with the reality of how prevalent sexual violence is thanks to initiatives like Tarana Burke’s #MeToo movement, the DeVos administration is simultaneously attempting to weaken Title IX protections for survivors.”
It’s safe to assume that most perpetrators of sexual violence who have come to public notice through #MeToo didn’t suddenly become abusers after landing jobs in newsrooms and board rooms and on movie sets. Their idea that one can abuse with impunity is learned, and in many cases it is learned where most things are learned — at school.
Violent sexual behavior that goes unchecked during college does not reach a natural end at graduation. In fact, many perpetrators of sexual violence are serial offenders: Of men who acknowledge using sexually violent or coercive behaviors, around one in five report committing repeat assaults. Another study found that men reporting a history of sexually aggressive behavior commit, on average, more than six sexual assaults.
Examples of school perpetrators who skirted accountability and then offended after graduation are already emerging. Jameis Winston, who was accused of rape as a student at Florida State University and is now a professional football player, reached a settlement with an Uber driver who said he sexually assaulted her in her car in 2016.
But the path from perpetrator of school sexual violence to workplace abuser need not be inevitable. Interventions including cognitive behavioral therapy have proved to be highly effective in preventing perpetrators from reoffending. Far from being unfair, responding seriously to perpetrators of school sexual violence is tough kindness. As the world grows increasingly intolerant of violent sexual behavior, early intervention and clear messages about appropriate behavior can prevent perpetrators from reoffending and facing more long-term career, legal and personal consequences.
While I obtained a restraining order against the man who assaulted me in college, he graduated and got a coveted job, where he’ll only have more and more power as time goes on. While I hope he’ll never become the villain of another woman’s #MeToo story, I am not optimistic. The proposed rules make it even more likely that men like him will leave their college campuses and enter the work force believing they can abuse women and be assured “Nothing wrong occurred.”
As a Harvard alumna and a survivor of sexual assault, I applaud Leaders’ activism to hold our institution accountable. Not just the undergraduate colleague but particularly Harvard Business School, where men demean, degrade, harass and assault women on a scale I’ve never witnessed prior to enrolling in classes there. These are the men going on to run America and the world’s economies… woe to the women who will suffer their crimes.
The administration’s silence empowers President Jimmy Morales to continue ruling with impunity.
When President Jimmy Morales of Guatemala announced last monththat he would not reauthorize a joint United Nations-Guatemala anticorruption commission to remain in the country, he set in motion what some are calling a slow-motion coup.
The International Commission Against Impunity in Guatemala, known as Cicig, has been operating there since 2007. In the mid-2000s, Guatemala was on the verge of becoming a narco state — and Cicig’s international prosecutors and investigators, and their Guatemalan counterparts, were tasked with fighting organized crime and ending the institutional impunity that gave free rein to powerful criminals and corrupt officials.
Cicig has become especially effective since Ivan Velazquez, a renowned Colombian prosecutor, was appointed commissioner in 2013. In the last five years, more than 60 criminal groups, many deeply embedded in the government, have been exposed, and some 680 people have been jailed for corruption and related crimes.
President Morales, a former television comedian, is widely regarded as corrupt. His government is backed by a so-called juntita of retrograde military officers and a bloc in the Guatemalan Congress derisively known as “el pacto de corruptos” for its efforts to pass legislation granting members impunity from prosecution for corruption and other crimes.
Cicig has been investigating Mr. Morales for accepting undeclared campaign contributions, and the commission recently asked Congress to lift his immunity from prosecution. In response, Mr. Morales not only refused to extend Cicig’s right to operate in the country, but he sent armed military vehicles to the United States Embassy to intimidate the American ambassador, who publicly supports Cicig.
Last week, Mr. Morales went on to bar Mr. Velazquez, who was in Washington for meetings, from re-entering the country. On Sunday, Guatemala’s Constitutional Court ruled that Mr. Morales had to readmit Mr. Velazquez. The Morales government responded by demanding that the United Nations nominate a new commissioner.
The United States supplies 40 percent of Cicig’s funding, and historically Cicig has received firm support from American presidents, both Republican and Democratic. But as tensions have risen between Mr. Morales and the commission, the Trump administration has been too quiet.
The administration’s tough-talking foreign policy chiefs — including President Trump’s national security adviser, John Bolton — are not standing up to a leader who faces credible accusations of corruption and is aggressively defying a United States ambassador.
The administration’s silence helps pave the way for a possible coup, and chaos and violence that would most likely result. One firm step by the Trump administration could be enough to stop Mr. Morales’s dangerous gambit. Mr. Trump or his lieutenants could
- join the United States Congress in threatening to cut off economic assistance to Guatemala. They could
- slash military aid. They could
- reiterate their support for Cicig’s anticorruption work, including its investigation of Mr. Morales.
Some commentators say that the Trump administration wants to reward Mr. Morales for moving the Guatemalan Embassy in Israel to Jerusalem. Others speculate that Mr. Trump’s advisers fear provoking Mr. Morales into swapping American patronage for that of China.
But it’s important to remember why Cicig was founded. In the post-civil war period, elite Guatemalan military officers, politicians and other powerful groups and individuals, recognizing that the era of Cold War American largess and unconditional support was over, found a new master: organized crime.
And the country remains a key transit point in the drug corridor between Colombia and Mexico. As recently as 2014, the State Department estimated that as much as 80 percent of the cocaine that eventually reached the United States passed through Guatemala.
An international solution is needed to fight transnational crime. This insight led to the establishment of Cicig.
The American ambassador to the United Nations, Nikki Haley, wrote in a Sept. 10 article for CNN: “Corruption spurs revolutions, enables extremist groups and fuels civil wars. Combating corruption is not just about good governance, it’s about maintaining peace and security.”
Those are important words. But when it comes to Guatemala, the Trump administration appears to have a different standard. Instead, in his silence, Mr. Trump is embracing corruption and organized crime.
Last year, Morales tried to expel the head of CICIG, Colombian prosecutor Iván Velásquez, but the Consitutional Court blocked the move.
Over the past week, the conflict has flared up again. On Friday, Morales said he would not renew CICIG’s mandate, which expires next year. The same day, Guatemalan military vehicles stood guard outside CICIG’s offices and descended on a central plaza. On Tuesday, Morales ordered that Velásquez, who has led CICIG since 2013, not be allowed back in Guatemala.
. On Tuesday, Morales ordered that Velásquez, who has led CICIG since 2013, not be allowed back in Guatemala.
.. While Velásquez remains in the United States, the work of CICIG continues, said a spokesman, Matias Ponce. The organization, which has about 200 staff members, is also waiting for the Guatemalan government to renew work visas of CICIG’s foreign staff, he said.
Apart from blocking Velásquez’s entrance into Guatemala, the Morales government this year removed 25 police personnel assigned to guard CICIG, cutting its security force in half.
Morales has argued that CICIG, as a foreign body that receives U.S. funding, constitutes a violation of Guatemalan sovereignty and that Guatemala’s own judicial institutions should be handling such graft cases.
CICIG works in conjunction with the Guatemalan attorney general’s office in building corruption cases.
In a letter to U.N. Secretary General António Guterres last week, Morales said CICIG has had more than “sufficient” time over the course of its mandate to achieve its goals.
.. “For some time now, there have been efforts to derail anti-corruption efforts in Guatemala and continued attacks against the commission and the commissioner,” said Adriana Beltrán, a Guatemala expert at the Washington Office on Latin America. Morales’s actions, she said, are “his attempt to protect himself, given the continuing probe against him.”
.. CICIG works in conjunction with the Guatemalan attorney general’s office in building corruption cases.
.. CICIG was set up in 2006 to bolster Guatemala’s weak judicial institutions. At the time, impunity was rampant in the country, and murders were hardly ever solved. The group, composed of investigators from around the world, used sophisticated investigative techniques, wiretapping and examination of financial records to pursue high-profile crimes. Its work became a model and inspiration in Latin America, where corruption often goes unpunished.
But CICIG has also been polarizing. Critics see it as overzealous and manipulated for political reasons. Earlier this year, Sen. Marco Rubio (R-Fla.) put on hold $6 million in State Department funding to CICIG, saying he was concerned that Russia had “manipulated” the group into pushing for the prosecution of a Russian family in Guatemala.
CICIG’s investigation against Morales had also been gaining steam. Last month, Velásquez, along with Guatemalan Attorney General María Consuelo Porras, asked the nation’s Congress to strip Morales of his immunity from prosecution. A congressional commission has been formed to weigh the request.
President Jimmy Morales of Guatemala on Friday shut down a crusading anticorruption commission sponsored by the United Nations that has pressed a number of high-profile investigations, including one pending against the president himself related to campaign financing.
Speaking in front of civilian and military leaders, Mr. Morales said he had informed the United Nations secretary general of his decision to revoke the body’s mandate and “immediately” begin transferring its capacities to Guatemalan institutions.
Minutes before the surprise announcement, army vehicles donated by the United States that Guatemala uses to fight smuggling operations were deployed to the commission’s headquarters in the capital in what critics called an attempt at intimidation.
The decision caps a long history of friction between the president and the International Commission Against Impunity in Guatemala, also known as Cicig for the initials of the commission’s name in Spanish.
At the time, Mr. Morales declared Mr. Velásquez a persona non grata and fired his foreign minister for refusing to carry out the order to expel him, before later backing off and saying he would obey the court’s decision.
.. “We sincerely regret the great mistake that the president made public in not renewing Cicig’s mandate,” said Jordán Rodas, Guatemala’s human rights prosecutor. “We are grateful for its valuable contribution in the country to the fight against corruption and impunity.”