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Campus Violence: Understanding the Extraordinary Through the Ordinary

Journal of College and University Law, Vol. 35, pp. 613-690, 2009

Georgetown Public Law Research Paper No. 1457343

79 Pages Posted: 18 Aug 2009 Last revised: 28 Oct 2015

Nancy Chi Cantalupo

Barry University - Dwayne O. Andreas School of Law

Date Written: August 18, 2009

Abstract

Recent mass shootings on college campuses have focused many on the responsibilities of colleges and universities to prevent and respond to such violence. However, in statistical terms, this type of campus violence can thankfully be considered relatively extraordinary. In contrast, the only type of campus violence that is unfortunately common enough to be characterized as “ordinary” is peer sexual assault and similar forms of campus gender-based violence. Accordingly, this essay explores the scope and dynamics of both “ordinary” and “extraordinary” campus violence, discusses the law and “best practices” dealing with peer sexual violence victims’ rights and the due process rights of students accused of misconduct, and contrasts the typical disciplinary responses of many schools to both the methods required by the applicable law and those advocated by the best practices literature. It concludes that understanding peer sexual violence and applying that understanding to less common forms of campus violence may help us to prevent and understand what the proper responses should be to both forms of violence.

Keywords: sexual, assault, harassment, violence, sex discrimination, education, college, university, campus

JEL Classification: K40, I20

Suggested Citation

Cantalupo, Nancy Chi, Campus Violence: Understanding the Extraordinary Through the Ordinary (August 18, 2009). Journal of College and University Law, Vol. 35, pp. 613-690, 2009; Georgetown Public Law Research Paper No. 1457343. Available at SSRN: https://ssrn.com/abstract=1457343

Nancy Chi Cantalupo (Contact Author)

Barry University - Dwayne O. Andreas School of Law ( email )

6441 East Colonial Drive
Orlando, FL 32807
United States

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