10/20/14: The Department of Education recently issued final rules that aim to reduce sexual assault on college campuses "to more effectively address, and ultimately reduce, sexual violence on college campuses, including, domestic violence, dating violence, and stalking."
"An estimated one in five women has been sexually assaulted during her college years," according to the Obama Administration. "Of those assaults, only 12 percent are reported, and of those reported assaults, only a fraction of the offenders are punished."
About the regulations: The regulations require a college to record incidents of stalking based on the location where either the perpetrator engaged in the stalking or the victim first became aware of the stalking. It also adds gender identity and national origin as two new categories of bias that serve as the basis for a determination of a hate crime; describes each type of disciplinary proceeding used by the institution in cases of alleged dating violence, domestic violence, sexual assault and stalking; and provides that an institution's disciplinary proceeding will afford the accuser and the accused the same opportunities to have others present during the institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by an advisor of their choice.
From our Hill Sources: While many in Congress are applauding the regulations, some lawmakers, like Sen. Bob Casey (D-PA), are saying more should be done.
Here's a look at proposals addressing sexual assault on college campuses.
- HR 5269: HALT Campus Sexual Violence Act –Bipartisan– Strengthens prevention and enforcement by requiring: the Dept. of Education to issue penalties for noncompliance with civil rights requirements under its authority, including Title IX; the availability of a private right of action for students harmed by institutions that fail to meet campus safety requirements; increasing penalties for Clery Act violations; annual climate surveys; and public disclosure of all resolutions agreements between higher education institutions and the Department of Education and compliance reviews, according to bill sponsors.
- HR 5277: SOS Campus Act (And S 2695 in the Senate) Would require every institution of higher education that receives federal funding to designate an independent advocate for campus sexual assault prevention and response. This advocate would be responsible for ensuring that survivors of sexual assault – regardless of whether they decide to report the crime – have access to emergency and follow-up medical care; guidance on reporting assaults to law enforcement; medical forensic or evidentiary exams; crisis intervention, ongoing counseling and assistance throughout the process; and information on their legal rights, according to bill sponsors.
- HR 5354: Campus Accountability and Safety Act (And S 2692 in the Senate) –Bipartisan– Would require colleges to designate Confidential Advisors who will serve as a confidential resource for victims of assaults committed against a student; set training standards for on-campus personnel; survey students about their experience with sexual violence to get an accurate picture of this problem; use a uniform process for campus disciplinary proceedings and may no longer allow athletic departments or other subgroups to handle complaints of sexual violence for members of that subgroup alone; and set stiffer penalties on schools, according to bill sponsors.
