Institutional Conflict of Interest in Campus Sexual Assault Investigations
research · On the Wrong Side: How Universities Protect Perpetrators and Betray Survivors of Sexual Violence ()
Universities that are responsible for investigating sexual assault claims are simultaneously exposed to reputational harm, legal liability, and financial loss from the outcomes of those investigations, creating a structural conflict of interest that undermines impartiality.
Core Concepts
The Problem
When the same institution that would be penalized for widespread sexual violence is tasked with adjudicating individual cases, its incentives are aligned with minimizing, delaying, or dismissing those cases rather than providing justice for the victim.
The Claim
The built-in conflict leads to routine failure to substantiate complaints, discourages formal reporting, and perpetuates a culture where perpetrator protection trumps survivor safety.
Key Evidence
- •Nicole Bedera’s year-long embedded study of a university Title IX office documented how administrative procedures routinely deflect, delay, or close cases without meaningful action.
- •Comparative analysis of high-profile cases (Cornell, LSU) shows that even when extreme media pressure exists, outcomes remain far from survivor-centered.
- •Historical data on Clery Act reporting and Title IX complaint resolution rates reveal systemic under-enforcement.
Practical Implication
True accountability requires independent investigation mechanisms that are structurally separated from the university’s financial and reputational interests.
Nuance & Limits
Not all universities are equally conflicted; some have invested in fully independent Title IX offices. However, the systemic tension remains because the university’s general counsel typically oversees risk management, and civil litigation against the school is often predicated on the very facts a Title IX investigation would uncover.
Source Material
Citation Density
emerging
Gaps
- ⚠ Long-term data on the outcomes of Title IX investigations after the 2020 regulations is still limited.
- ⚠ Comparative studies between U.S. Title IX systems and independent investigative models in other countries remain sparse.
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