ABSTRACT
This chapter explores in greater depth the dangers of conflating and confusing the criminal and Title IX/Clery-informed responses and prevention approaches, both for institutions of higher education (IHEs) and their students. The chapter demonstrates that both IHEs and lawmakers should look to civil rights and equality-based approaches for preventing and responding to sexual violence and should guard against having those approaches "criminalized" by an overreliance and overconfidence in criminal methods of addressing this violence. In contrast to the equal procedural rights provided to sexual violence victims under Title IX's civil rights approach, the criminal justice system structurally marginalizes all victims of crime, including sexual violence victims, from its procedures and affords them few if any procedural rights. The chapter concludes, schools and government officials must establish systems to coordinate IHE and criminal justice responses to sexual violence, especially when survivors decide to pursue parallel criminal and administrative/civil proceedings.
