[Congressional Record Volume 163, Number 176 (Tuesday, October 31, 2017)]
[Extensions of Remarks]
[Pages E1455-E1456]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   DANIEL SWINTON: TESTIMONY BEFORE THE BIPARTISAN TASK FORCE TO END 
                            SEXUAL VIOLENCE

                                 ______
                                 

                           HON. ANN M. KUSTER

                            of new hampshire

                    in the house of representatives

                       Tuesday, October 31, 2017

  Ms. KUSTER of New Hampshire. Mr. Speaker, I include in the Record the 
following:

       My name is Dr. Daniel Swinton and I am honored to be here 
     today. I serve as Vice President of the Association of Title 
     IX Administrators (ATIXA) and am here representing over 3,500 
     members at schools and colleges nationwide. I am also 
     Managing Partner of a law and consulting firm that advises 
     thousands of K through 12 and higher education 
     administrators, teachers, faculty and students on issues of 
     sexual violence, consent in sexual interactions, harassment 
     and discrimination in all its forms, as well as critical 
     issues of mental health and well-being, behavioral 
     intervention, and alcohol and drugs.
       Over the last six years, the Department of Education has 
     given significant time and attention to sexual violence at 
     colleges and universities, but has largely failed to give 
     needed time and attention to sexual violence and consent-
     based issues in K through 12 education. Sexual violence has 
     been called an ``epidemic'' at colleges, and universities and 
     our members indicate that such a label is both accurate and 
     reflective of the immediate needs to prevent and address 
     sexual violence on their campuses. If higher education is 
     facing an ``epidemic,'' then K through 12 is facing an even 
     more serious, plague-like level of sexual violence, that 
     continues largely unabated. The lack of legal and regulatory 
     attention given to the matter is both startling and 
     frustrating, as many of the issues involve abuse of minors 
     and children. Further, K through 12 remains well behind 
     higher education in educating its administrators, teachers 
     and students about sexual violence and the many related 
     issues of consent, substance abuse, and healthy 
     relationships. As one member told me last week, K through 12 
     needs something like Clery and Section 304 of the Violence 
     Against Women Act to ensure appropriate training, prevention, 
     response and accountability are present.
       To be fair, K through 12 administrators face a litany of 
     demands on their time and a host of unrelated legal and 
     regulatory requirements such that, absent a crisis, a law or 
     a regulation, sexual violence prevention and response 
     receives little, if any attention. The result is that K 
     through 12 administrators largely lack the training necessary 
     to appropriately and fairly address issues of sexual violence 
     in their schools and districts. Further, school-based 
     instruction of K through 12 students about consent in sexual 
     interactions is rare, leaving the students to learn about 
     sexual interactions, consent and the impact of alcohol and 
     drugs from peers, the Internet and other media. Certainly, 
     parents play a role in educating their children, but in our 
     members' experience, few parents discuss the nuances of sex, 
     alcohol and consent with their children prior to college. We 
     are seeing significant issues of sexual violence at all 
     levels of K through 12, but especially in middle and high 
     school. Any discussion also needs to recognize the role that 
     technology plays in increasing the number and complexity of 
     issues our members are seeing in their schools.
       Training and prevention efforts lag, policies and 
     procedures remain inadequate, and prevention is reserved to 
     basic training on how to report child abuse. I want to stress 
     that the current state is not for lack of desire, but, given 
     the nature, complexity and decentralized nature of K through 
     12 education, stems largely from lack of guidance, funding or 
     grants, legal requirements and accountability.
       Our members are anxious to give these critical matters time 
     and attention, but buy-in and resources tend to follow only 
     once Congress makes it mandatory. Thank you for your time.

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