Federal legislation reintroduced to combat sexual assault on college and university campuses

Today, April 2, 2019, U.S. Sen. Mark R. Warner (D-VA) joined Sens. Kirsten Gillibrand (D-NY), Chuck Grassley (R-IA) and a bipartisan coalition of Senators in reintroducing legislation to combat sexual assault on college and university campuses. The Campus Accountability and Safety Act would reform the way institutions handle incidents of on-campus sexual assault and ensure that investigations and disciplinary proceedings are fair and consistent. It would also create new resources and support services for survivors, and set new notification requirements for both survivors and accused students involved in the campus disciplinary process.

“In recent years, the brave individuals behind the #MeToo movement have successfully increased public awareness and discussion about sexual assault and harassment, and Congress has a responsibility to support these efforts with legislation that focuses on preventing sexual assault in colleges and universities across the nation,” said Sen. Warner. “I am very proud to reintroduce the bipartisan Campus Accountability and Safety Act, which demands greater transparency, consistency, and accountability from our institutions of higher learning.”

“Sexual assault is pervasive in colleges and universities all over the country, yet Congress has not done nearly enough to address this crisis,” said Sen. Gillibrand. “For far too long institutions have gotten away with sweeping this problem under the rug. Students are demanding that Congress take this problem seriously, and we must listen to them. That’s why I am proud to reintroduce my bipartisan Campus Accountability and Safety Act, which would hold colleges and universities accountable and help give survivors the support they need. I urge my colleagues to take this issue seriously and fight with us to pass this bipartisan bill.”

“When something as traumatic as sexual assault occurs on campus, students need a place they can go for support and unbiased information about their rights,” said Sen. Grassley. “This bill takes active steps forward to help facilitate communication and support between universities, students and law enforcement, as well as foster a positive sense of community on campus.”

Specifically, this legislation would do the following:

·      Establish new campus resources and support services for student survivors: Colleges and universities would be required to designate Sexual Assault Response Coordinators to assist survivors of sexual assault, domestic violence, dating violence, and stalking. Sexual Assault Response Coordinators would coordinate support services and accommodations for survivors, provide information about options for reporting, and provide guidance or assistance – at the direction of the survivor – in reporting the crime to campus authorities and/or law enforcement. Schools would no longer be allowed to sanction students who report sexual violence but reveal a non-violent student conduct violation in good faith, like underage drinking.

·      Require fairness in the campus disciplinary process: All schools would be required to use one uniform process for campus student disciplinary proceedings and would no longer be allowed to have athletic departments or other subgroups handle complaints. Schools would be required to provide written notification to the accused as well as the survivor of any decision to move forward with a campus disciplinary proceeding within 24 hours of that decision. The notice must include details of the complaint, a summary of the disciplinary proceeding, and the rights and due process protections available to both parties.

·      Ensure minimum training standards for on-campus personnel: This legislation would ensure that everyone from the Sexual Assault Response Coordinators to those responsible for investigating and participating in disciplinary proceedings receives specialized training so that they have a firm understanding of the nature of these crimes and their effect on survivors.

·      Create historic new transparency requirements: For the first time, students at every college and university in America would be surveyed about their experience with sexual violence to get an accurate picture of this problem. This new biennial survey would be standardized and confidential, with the results published online so that parents and high school students could make an informed choice when comparing universities. The Department of Education would also be required to publish the names of all schools with pending investigations, final resolutions, and voluntary resolution agreements related to Title IX with respect to sexual violence and requirements of the Clery Act.

·      Ensure coordination with law enforcement: This legislation would require colleges and universities to enter into memoranda of understanding (MOU) with each local law enforcement agency that has jurisdiction to report to a campus as a first responder. These MOUs would ensure that the school and law enforcement clearly delineate duties and share information so that when a crime occurs, both campus authorities and local authorities can focus on solving the crime rather than debating jurisdiction.

·      Establish stiffer penalties for violations: Schools that do not comply with certain requirements under the bill may face a penalty of up to 1 percent of the institution’s operating budget. The bill would also increase penalties for Clery Act violations to up to $150,000 per violation, from the current penalty of $35,000 per violation. Financial penalties collected from institutions in violation would be distributed back to campuses through a new competitive grant program, administered by the Secretary of Education, for which colleges and universities can apply for the purpose of researching best practices for preventing and responding to sexual and interpersonal violence on college campuses and sharing such research with peer institutions and the Department of Education.

Sen. Warner has been a lead sponsor of this bill since its original introduction in the 113th Congress.

In addition to Sens. Warner, Gillibrand, and Grassley, other co-sponsors include Sens. Maggie Hassan (D-NH), Joni Ernst (R-IA), Marco Rubio (R-FL), Richard Blumenthal (D-CT), Shelley Moore Capito (R-WV), Jack Reed (D-RI), and Jeanne Shaheen (D-NH).