EDITOR'S NOTE: This is part one of a four-part series exploring the culture, law and science surrounding sexual assaults and how they're handled at the University of Montana and nationwide. Part one evaluates why campus sex crimes have garnered growing public attention and why some colleges are reevaluating their policies.

Victim advocates and campus safety organizations present mixed reviews on two federal actions that helped sharpen the nation's focus on sexual assaults and rapes in the last year.

All applaud a new federal definition of rape, which recognizes male victims for the first time. While some applaud the Department of Education for a letter that clarified the responsibilities of colleges and universities to investigate sex crimes, some argue it was a setback because, at some schools, it reduced the evidence standard used in internal reviews.

In April, the Department of Education's Office for Civil Rights issued a forceful reminder to public colleges nationwide, known to campus officials as the "Dear Colleague" letter.

The notice clarifies schools' responsibility to respond to issues of sexual violence under Title IX, which prohibits sexual discrimination in educational institutions funded by federal money. The letter pointed out the "deeply troubling" statistics of sexual assault and rapes among students – that 20 percent of women and 6 percent of men will be the victims of attempted or actual sexual assault while in college.

The letter said schools are responsible to investigate any student-on-student sexual violence complaint, regardless of whether a criminal investigation has occurred. Colleges also must take steps to protect the student who issues the complaint, as well as develop a grievance procedure for filing complaints about sex discrimination and sexual violence.

The University Montana already has a discrimination grievance procedure, which is overseen by Lucy France, the University's Title IX representative and investigator.

Most importantly, the letter mandated that schools use the "preponderance of evidence" standard, which states that "it is more likely than not that sexual harassment or violence occurred." This would replace the higher standard used by some schools today: "clear and convincing." Both set a lower bar on proof than that of "beyond a reasonable doubt" as used by the criminal justice system. The University of Montana has used the "preponderance of evidence" standard since at least 2002.

Several groups have slammed the move. The Foundation for Individual Rights in Education said it "demonstrates the depth and breadth of the damage done to student due process rights and university independence," largely because of the low bar set for schools to meet as a standard of proof. 

Alison Kiss, the director of Security on Campus, a non-profit watchdog group, expressed support for the content of the letter, saying it will hopefully lead to a clearer direction and an impetus for schools to examine their protocols for dealing with sexual assault complaints.

The DOE's Office for Civil Rights did not return multiple inquiries for comment.

How campuses adapt sexual assault policies could also be shaped by a Department of Justice decision earlier this month.

On Jan. 6, 2012, the department formally changed the Federal Bureau of Investigation's definition of rape.

The previous definition, used since 1927, was: "The carnal knowledge of a female forcibly and against her will." The new definition includes any gender – victim or the perpetrator. The definition also clarifies that rape includes when the victim is incapable of giving consent because of being underage or because of temporary or permanent mental or physical incapacity, such as being under the influence of drugs or alcohol.

The definition change could dramatically alter the picture of crime in America, said Susan Carbon, the director of the federal Office on Violence Against Women, in a press release.

Because the updated definition more closely matches the more expansive state definitions of rape, national statistics compiled in the Uniform Crime Report will become more accurate.

"The UCR is the national ‘report card' on serious crime," Carbon wrote. "What gets reported through the UCR is how we, collectively, view crime in this country."

dillon.kato@umontana.edu