04.02.19

Capito, Others Reintroduce Legislation To Combat Sexual Assault On College Campuses, Strengthen Accountability And Transparency For Institutions

Bipartisan Campus Accountability and Safety Act Would Require Schools to Survey Their Students, Train Campus Administrators, and Make Campuses Safer

WASHINGTON, D.C. – U.S. Senators Shelley Moore Capito (R-W.Va.), Kirsten Gillibrand (D-N.Y.), and Chuck Grassley (R-Iowa) today announced they have led a bipartisan coalition of senators to reintroduce the Campus Accountability and Safety Act, legislation to combat sexual assault on college and university campuses by protecting students and by strengthening accountability and transparency for colleges and universities. They are reintroducing this legislation with Senators Maggie Hassan (D-N.H.), Joni Ernst (R-Iowa), Marco Rubio (R-Fla.), Richard Blumenthal (D-Conn.), Jack Reed (D-R.I.), Jeanne Shaheen (D-N.H.), and Mark Warner (D-Va.). 

The Campus Accountability and Safety Act would reform the way colleges and universities address and report incidents of sexual assault that take place on their campuses, and it would help protect both survivors and accused students by ensuring that schools have a uniform and fair process for investigating and conducting campus disciplinary proceedings. This legislation would incentivize colleges to protect students and professionalize their responses to sexual assault. It would 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. 

“Too many sexual assault incidents are going unreported, and students aren’t receiving the support services they need to help them through the reporting process. This has to change,” said Senator Capito. “The Campus Accountability and Safety Act is one way we can stop this trend, which is why I was proud to join my colleagues in reintroducing this important piece of legislation. This bill takes clear steps to help those in West Virginia and around the country affected by sexual assault by educating campus personnel, strengthening law enforcement response, creating transparency, and establishing support services for survivors. By coming together to pass this legislation, we can truly affect change in this area.” 

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 one 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.

 

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