TY - JOUR
T1 - Seeking campus justice
T2 - Challenging the ‘criminal justice drift’ in United Kingdom university responses to student sexual violence and misconduct
AU - Cowan, Sharon
AU - Munro, Vanessa E.
N1 - Funding Information:
The authors would like to acknowledge the work of Clare McGlynn at Durham University, whose insightful contributions in conversations with us around this topic, and support in relation to this article in particular, have been invaluable. We are also grateful for the comments and questions posed to us by participants of the Virtual Criminal Law Group (hosted by the University of Glasgow) on 24 March 2021, and the 'Institutional Responses to Disclosures and Reports of Sexual Violence and Sexual Misconduct between Students Online Workshop' (hosted by Maynooth University), on 16 April 2021; and to Chloë Kennedy for comments on an earlier draft.
Publisher Copyright:
© 2021 The Authors. Journal of Law and Society published by John Wiley & Sons Ltd on behalf of Cardiff University (CU).
PY - 2021/9
Y1 - 2021/9
N2 - In recent years, growing concerns have been expressed – including in the press and social media – over the apparently inadequate responses of many United Kingdom (UK) universities to complaints of student sexual violence and misconduct (SSVM). In this article, we underscore universities’ legal, ethical, and civic responsibilities to students, which require them to implement effective regimes for the prevention and sanctioning of such behaviour. We suggest, however, that current responses are moving in the wrong direction. More specifically, universities are too often turning (back) towards adversarial and procedural paradigms, developed within the criminal justice system, where the persistence of a ‘justice gap’ in cases of rape and sexual assault has been well documented. We argue that this ‘criminal justice drift’ may frustrate the possibility for more tailored, transformative, and trauma-informed processes for addressing SSVM within higher education institutions.
AB - In recent years, growing concerns have been expressed – including in the press and social media – over the apparently inadequate responses of many United Kingdom (UK) universities to complaints of student sexual violence and misconduct (SSVM). In this article, we underscore universities’ legal, ethical, and civic responsibilities to students, which require them to implement effective regimes for the prevention and sanctioning of such behaviour. We suggest, however, that current responses are moving in the wrong direction. More specifically, universities are too often turning (back) towards adversarial and procedural paradigms, developed within the criminal justice system, where the persistence of a ‘justice gap’ in cases of rape and sexual assault has been well documented. We argue that this ‘criminal justice drift’ may frustrate the possibility for more tailored, transformative, and trauma-informed processes for addressing SSVM within higher education institutions.
UR - http://www.scopus.com/inward/record.url?scp=85111857410&partnerID=8YFLogxK
U2 - 10.1111/jols.12306
DO - 10.1111/jols.12306
M3 - Article
AN - SCOPUS:85111857410
SN - 0263-323X
VL - 48
SP - 308
EP - 333
JO - Journal of Law and Society
JF - Journal of Law and Society
IS - 3
ER -