Swinton quoted in Inside Higher Ed on confidentiality

Daniel Swinton, senior executive vice president at the NCHERM Group, a law and consulting firm that advises schools and colleges on safety issues, said that Title IX requires colleges to have in place policies that promote accountability in sexual harassment and assault cases and protect the safety of victims. And colleges usually view maintaining privacy in investigations as a way of keeping victims safe emotionally as well as physically, he said.

Regardless of what institutions find in their investigations, Swinton added, because of legal concerns and concern for the parties involved, they “aren’t in the habit of broadcasting outcomes.” That leaves open the possibility for a “skewed narrative to get out to the public, particularly on social media. The story that gets out there first is the one that gets the most traction.”

Still, Swinton said, colleges and universities rarely if ever intervene to correct the public record – even if they were to obtain the consent of both parties.

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Sokolow quoted in The Scotsman on CA bill

Brett Sokolow, a higher education risk management consultant, who backed the bill, used a traffic metaphor in commenting on the aims of the policy.

He said: “You go forward on a green light. You stop on a red light. But most people tend to run the yellows … Affirmative consent is telling you to slow down at the yellow light.

“You’ve been able to fondle, pet, kiss; if you assume those lead you to the next behaviour without permission, then you are running a yellow light. You are putting your needs to get through the intersection above the needs for others’ safety.”

He said the policy wouldn’t stop predators, but would encourage some male students to think about their ­actions.

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Sokolow quoted in HuffPo's "Fewer Than One-Third Of Campus Sexual Assault Cases Result In Expulsion"

"Our writings and position are consistent for 17 years," said Brett Sokolow, president & CEO of the National Center for Higher Education Risk Management, which is frequently hired to advise schools on sexual assault policies. "And we have pushed higher ed to be tough on sanctions because they were already soft when I started consulting."

"The softness and focus on rehabilitation come from student development theory, which encourages progressive discipline to promote maturation and better decision making," Sokolow continued. "Fine, I say, but not in sexual misconduct cases."

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Sokolow quoted in Chicago Tribune on University of Illinois case

"There has been so much publicity and talk about Title IX compliance, there is no excuse for mistakes like these," said Brett Sokolow, executive director of the Association of Title IX Administrators. "I don't care what their reasons are. It doesn't fly anymore."

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Schuster quoted in University Business's "Out of compliance on sex assault, out of funding"

One of these bills is The Campus Safety and Accountability Act, which would allow the Office of Civil Rights to issue a fine worth up to 1 percent of the school’s budget if the institution is not in compliance with regulations, says Saundra Schuster, co-founder and advisory board member of ATIXA, the Association of Title IX Administrators.

“I don’t think it’s necessarily reasonable because I believe schools are working hard to do the right thing, [but] I do think it will get the attention of those in the institution that have fiscal responsibility,” Schuster says.

If passed, these bills have larger implications for institutions than loss of financial support. “I believe that their insurance carriers would likely have concerns about monetary losses, certainly their credit rating may be impacted, and of course the usual issues related to reputation, media coverage and admissions numbers,” says Schuster.

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Gentry McCreary quoted in Bloomberg's "Colleges Crack Down on Fraternities as Safety Concerns Mount"

“It seems like every year for the past four or five years, some big campus has had to shut down the fraternity new-member process,” McCreary, who is also a consultant with the National Center for Higher Education Risk Management in Malvern, Pennsylvania. “People are starting to scratch their heads and say, ‘When are things going to change?’”

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