Persuasive Argument Paper

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AB10.30.docx

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Annotated Bibliography

Topic: How the Colleges fail to protect the victims.

Thesis: The unfairness for the victims who been sexually assaulted in campus are not limited to lacking of evidences, due to the preponderance of evidence. In fact, shame and fear are the barriers that hold the victims back from reporting the crime. The government and colleges sometimes fail providing efficient victim protection, which lower the rate of arrest and convictions. Furthermore, the conflict between campus disciplinary process and criminal justice system makes the victims feels unprotected.

“Campus Sexual Assault: Suggested Policies and Procedures.” Bulletin of the American Association of University Professors (2010-), vol. 99, 2013, pp. 92–100. JSTOR, JSTOR, www.jstor.org/stable/24615249.

This journal states the problems that college woman face in campus and mainly discusses the conflict between campus disciplinary process and criminal justice system, and the fact that lacking of policy and procedures that make the school and police work better together. In this journal, the journal lists the suggestions for policy improvement, I want to use this part as a potential solution. I would use this source right after I discuss the barriers for woman to report a sexual assault using the journal, “Barriers to Reporting Sexual Assault for Women and Men: Perspectives of College Students.” Written by Sable, Marjorie R., et al.

Chmielewski, Amy. "Defending the Preponderance of the Evidence Standard in College Adjudications of Sexual Assault," Brigham Young University Education and Law Journal vol. 2013, no. 1 (2013): p. 143-174. HeinOnline, https://heinonline.org/HOL/P?h=hein.journals/byuelj2013&i=157.

In this source, the author mainly discusses the use of preponderance of the evidence in higher-education institution. Besides, the author suggests the universities and colleges should apple the preponderance of evidence standard due to its advantages. As for my own topic, the preponderance of the evidence standard is a crucial point. Preponderance of the evidence standard can not only bring justice to the victim, but can also causes misunderstanding. This source can be compared with the journal of Sable, Marjorie R., “Barriers to Reporting Sexual Assault for Women and Men: Perspectives of College Students.”

Coray, Erica. "Victim Protection or Revictimization: Should College Disciplinary Boards Handle Sexual Assault Claims," Boston College Journal of Law and Social Justice vol. 36, no. 1 (2016): p. 59-90. HeinOnline, https://heinonline.org/HOL/P?h=hein.journals/bctw36&i=66.

This source mainly studies the responsibilities for the schools who receive federal finical aids, including reporting the sexual assault cases and responding the complains. However, a number of schools fail to do that, which disobey the Constitution. I would like to use this source to explain how Title IX works and what are the responsibilities that the school should follow. I would combine this source with Triplett, Matthew R.’s journal, “SEXUAL ASSAULT ON COLLEGE CAMPUSES: SEEKING THE APPROPRIATE BALANCE BETWEEN DUE PROCESS AND VICTIM PROTECTION.” And then combine with the journal of Sable, Marjorie R., et al. “Barriers to Reporting Sexual Assault for Women and Men: Perspectives of College Students.” , to get to my argument about victim protection.

Karjane, Heather M, et al. “Sexual Assault on Campus: What Colleges and Universities Are Doing About It.” PsycEXTRA Dataset, Dec. 2005, doi:10.1037/e537062006-001.

The authors research different school in the US about their sexual assault policies. Their research shows that only a third of school fully comply with the federal law and not all school encourage students to use law against their assaulter. This source shows how the school policy should be improved and what’s lacking for the protection of victims. This source could be the evidence relevant to the journal of Triplett, Matthew R. “SEXUAL ASSAULT ON COLLEGE CAMPUSES: SEEKING THE APPROPRIATE BALANCE BETWEEN DUE PROCESS AND VICTIM PROTECTION.”, those two sources can show both the government and school fail to protect the victims.

Peterson, Alyssa; Ortiz, Olivia. "A Better Balance: Providing Survivors of Sexual Violence with Effective Protection against Sex Discrimination through Title IX Complaints," Yale Law Journal vol. 125, no. 7 (May 2016): p. 2132-2155. HeinOnline, https://heinonline.org/HOL/P?h=hein.journals/ylr125&i=2190.

This source researches claims that the Office for Civil Right, which is the government fail to provide effective protection for people and let them being unprotect for years. In another word, the government fail to comply with the Title IX. This source is a combination of victim protection and the content of Title IX, which will be great if I can use this as a transition between arguments. I would like to create a smooth transaction between victim protection and Gora Erica’s journal, "Victim Protection or Revictimization: Should College Disciplinary Boards Handle Sexual Assault Claims,"

Sable, Marjorie R., et al. “Barriers to Reporting Sexual Assault for Women and Men: Perspectives of College Students.” Journal of American College Health, vol. 55, no. 3, 7 Aug. 2010, pp. 157–162., doi:10.3200/jach.55.3.157-162.

This source mainly studies the different barriers for college students (mostly females) when reporting been sexual assaulted, the barriers including shame, fear, and retaliation from the defendant. For this source, I would like to use this list of barriers as an evidence suggesting the importance of victim’s protection. This source can also work along with the journal of Sabina and Lavina “Campus and College Victim Responses to Sexual Assault and Dating Violence.”, making a better interpretation of the importance of victim’s protection.

Sabina, Chiara, and Lavina Y. Ho. “Campus and College Victim Responses to Sexual Assault and Dating Violence.” Trauma, Violence, & Abuse, vol. 15, no. 3, Apr. 2014, pp. 201–226., doi:10.1177/1524838014521322.

This source mainly reviews the fact by getting data from a number of cases and report. This source provides specific data that will work as an evidence to support one of my claims, the current judicial Process fail to protect the interests of victims. Besides, this source also provides the exact portion of apples and the percentage of different out comes, with will be my evidence to evaluate the fairness of the due process.

Triplett, Matthew R. “SEXUAL ASSAULT ON COLLEGE CAMPUSES: SEEKING THE APPROPRIATE BALANCE BETWEEN DUE PROCESS AND VICTIM PROTECTION.” Duke Law Journal, vol. 62, no. 2, 2012, pp. 487–527. JSTOR, JSTOR, www.jstor.org/stable/23364856.

In this journal, the author discusses the conflicts between laws when it comes to campus sexual assault, and points out that the Office for Civil Rights should issue more direction in order to make the law fair. The author points out that the “Dear Colleague Letter” fail to protect the rights of defendant and how it blurs the due process for defendant and the protection for victims. I will be able to use this source to explain the unfairness for defendant.