The Hunting Ground arrives at an interesting moment in the
national conversation on campus sexual assault. Press coverage and
statements from government and university officials portray a problem of
vast scope. The Obama administration has taken action: Schools are now
under pressure from the federal government to show they take sexual
assault charges seriously and mete out appropriate punishment. At the
same time, a number of critics (and I’m one of them) suggest that a moral panic is clouding our ability to rationally assess the problem. A range of voices—among them journalists and law professors—has
raised concerns that the systems being put in place at schools to
adjudicate these cases are grossly unfair to the accused. What a perfect
time for a film that addresses all this, and illuminates a way forward.
Unfortunately, The Hunting Ground is not that movie. It is a
polemic that—as its title suggests—portrays young women as prey,
frequently assaulted and frequently ignored by their universities and
law enforcement when they try to bring charges. The movie, from director
Kirby Dick and producer Amy Ziering, features numerous interviews with
women who describe horrific experiences, and their testimony has raw,
emotional power. But good policy about the lives of young people—female
and male—needs to be based on prudent assessment. The film traffics in
alarmist statistics and terrifying assertions, but fails to acknowledge
both the recent changes in the way the government and universities
approach sexual assault charges and the critiques that those changes go
too far. By refusing to engage the current conversation about this
issue, the film does its subjects—and us all—a disservice.
The Hunting Ground relentlessly makes the point, for example,
that about 20 percent of female college students will be sexually
assaulted by classmates. Diane Rosenfeld of Harvard Law School
analogizes that if the parents of male students were told their sons had
a “1 in 4 or 5 chance” of being a victim of a drive-by shooting at
college, Mom and Dad would think twice about sending them. In a Slate piece
in December on campus sexual assault, I examined some of the studies
underlying this claim, which has long been cited by advocates on this
issue. It turns out many of the studies rest on narrow samples or wildly
extrapolated numbers. (Even New York Sen. Kirsten Gillibrand, a
co-sponsor of proposed legislation on campus sexual assault who appears
briefly in the film, quietly took
the “1 in 5” statistic off her website in December.) Callie Marie
Rennison, co-director of the Criminology and Criminal Justice Research
Initiative at the University of Colorado Denver, writing in the New York Times, deplored the idea that students and parents are being bombarded with assertions of “an epidemic where one does not exist.”
Not only is sexual assault an expected part of the college experience,
the filmmakers assert, once it happens victims generally discover that
no officials at their schools will take action or even care. These
callous, indifferent administrators coddle perpetrators and
systematically cover up heinous crimes in an effort to maintain their
school’s good—if false—reputation. Occidental College assistant
professor of sociology and activist Danielle Dirks says, “Schools are
actively and aggressively not wanting to tell the truth about what is
going on on their campuses. Because the first campuses to do so will be
known as the rape campuses.” (In my article I mention Dirks’ involvement
in getting a male freshman expelled from Occidental after he hooked up
with a female freshman while both were drunk.)
The Hunting Ground asserts that even when a victim pushes past
the roadblocks and makes a formal report to administrators, it will do
no good. Lawyer and activist Colby Bruno says, “The message is clear:
It’s don’t proceed through these disciplinary hearings. No matter what
you do, you’re not going to win.” The film follows this quote with a
graphic showing a paltry number of expulsions of male students at six
top schools. But let’s examine this assertion that colleges would rather
leave perpetrators unpunished than acknowledge there are any. The
higher education insurance group, United Educators, just released a study
of 305 sexual assault claims they received from 104 member schools for
the three years ending in 2013. I spoke to the organization’s director
of risk research, Alyssa Keehan, who said, “The most common narrative
you hear is that institutions don’t care about sexual assault. Our data
suggests otherwise.” UE’s findings show that when a formal complaint is
brought against a student, in 45 percent of the cases he is found
responsible. When that happens, more than 80 percent of the time he is
given the most severe penalty available—either expulsion or suspension.
The study found in 25 percent of the cases the accused is found not
responsible. In 23 percent of the cases the school did not adjudicate,
not because of a cover-up, but because in the majority of these
instances the accuser either asked the school not to investigate, became
uncooperative, or could not identify the accused. In the remainder of
cases, the accused withdrew from school. [...]