Campus Accountability and Safety Act

Last updated

The Campus Accountability and Safety Act (CASA) was a bill introduced in the 114th United States Congress with the goal of reducing sexual violence on college and university campuses. [1] [2] [3] First introduced in 2014, a revised bill was introduced in February 2015 by Senator Claire McCaskill of Missouri with nine bi-partisan cosponsors. 43 cosponsors eventually signed on. The bill died in committee at the end of the session without reaching a floor vote in either house.

Contents

Supporters of the bill believe that it will help to reform the sexual assault investigation process to protect victims and achieve prosecution of offenders by increasing transparency and cooperation between higher education institutions and local law enforcement. [4] [5] Estimates from the National Sexual Violence Resource Center places the number of men who survive sexual assault in college at about 1 in every 16 students, and for women, every 1 in 5. [6]

Major provisions

Clery Act Amendments

CASA includes several amendments to the Clery Act, a law requiring colleges and universities to publish statistics relating to crime on their campuses. Under CASA, schools would be required to publish these statistics on their websites. Additional statistics would be required, including data on the verdicts in sexual assault cases, as well as data on dating violence, domestic violence, and stalking. It requires victim advocacy organizations to be included in the development of schools' sexual assault policies. The Department of Education would produce a confidential survey on students' experiences with sexual violence and sexual harassment, which is to be administered at all higher education institutions in the country. An annual report containing the results of the survey would be published on the Department of Education website. Schools that failed to meet the requirements of the Clery Act would be subject to fines of up to $150,000, adjusted for inflation.

Confidential advisors

CASA would require all schools (colleges and universities) to appoint confidential advisors to assist students claiming to be victims of sexual assault. These advisors would be trained to conduct forensic interviews with students for the purpose of gathering facts on the alleged crimes. They would also advise students on their options for next steps, and serve as liaisons with local law enforcement in cases where a student chooses to report the case to the police. They could arrange accommodations for the students, such as changes to living arrangements or class schedules. Confidential advisors would not be obligated to report to other personnel at the school or to law enforcement.

Other provisions

CASA would require schools to establish memoranda of understanding with local law enforcement regarding protocols for handling cases of sexual violence. Schools would forward reports of sexual violence to the police only when the alleged victims wished for them to do so. The bill would allow schools to institute systems for anonymous reporting of sexual assault. Schools would be required to publish information on their websites about community resources for assault victims. Students reporting sexual assault would be given amnesty for other misconduct, such as underage drinking, that may become known as a result of the report. Schools would be required to establish uniform disciplinary procedures for sexual violence with no special treatment for particular classes of students, such as athletes or students majoring in particular fields.

Title IX complaints for sexual harassment or assault would be published on the Department of Education website. The Department of Education and the Department of Justice would be given the authority to issue subpoenas for the purpose of enforcing Title IX. Schools found to be in violation of CASA would be subject to fines of up to 1% of their annual operating budgets.

History

The issue of widespread sexual assault at college campuses across the country, and the failure of college administrations to protect victims, as well as to provide accurate data on this issue, has been addressed by the media since the late 20th century. In 2013, Annie E. Clark and Andrea Pino, who had themselves been assault victims at the University of North Carolina, filed a complaint against UNC with the US Department of Education under Title IX provisions. They said that the university's failure to respond adequately to them as alleged victims had violated the law by enabling a hostile academic environment. As the young women worked to conduct research into the issue and support other assault victims, they developed a model for filing Title IX complaints that they shared with student victims at other universities across the country. As of 2015, a total of 169 colleges or universities were under investigation by DOE due to such Title IX claims. [4] These issues were covered in The Hunting Ground (2015), a documentary about sexual assault on college campuses and the treatment of alleged victims. The victims have continued to organize to educate the public and politicians as to the scale of the problems and to seek legislative and other improvements.

The bill was introduced in Congress in February 2015 by Senator Claire McCaskill of Missouri, along with nine bipartisan cosponsors. Hearings were held in July. [7] In January 2016, cosponsor Senator Kirsten Gillibrand of New York said she and McCaskill would work to attach the bill to the reauthorization of the Higher Education Act. [8]

CongressShort titleBill number(s)Date introducedSponsor(s)# of cosponsorsLatest status
113th Congress Campus Accountability and Safety Act H.R. 5354 July 31, 2014 Carolyn Maloney

(D-NY)

24Died in committee
S. 2692 July 30, 2014 Claire McCaskill

(D-MO)

17Died in committee
114th Congress H.R. 1310 March 4, 2015 Carolyn Maloney

(D-NY)

43Died in committee
S. 590 July 29, 2015 Claire McCaskill

(D-MO)

37Died in committee
115th Congress H.R. 1949 April 5, 2017 Carolyn Maloney

(D-NY)

31Died in committee
S. 856 April 5, 2017 Claire McCaskill

(D-MO)

23Died in committee
116th Congress S. 976 April 1, 2019 Kirsten Gillibrand

(D-NY)

15Died in committee

Reception

The bill has been supported by a variety of organizations seeking to aid sexual assault victims. The issue at college campuses has been reported by national media since the late 20th century.

Some groups have had mixed reactions to the bill. While praising it for mandating that college administrations involved local police when accusations are made (who would have less reason to suppress reporting and investigation of incidents), the Independent Women's Forum was critical of issues related to weakness in protecting due process for alleged perpetrators. [9]

Criticism

The bill has been criticized by a variety of conservative sources. An editorial in the Las Vegas Review-Journal said that the bill failed to protect the due process rights of accused students and gave schools the incentive to expel accused students, even in cases where there is little or no evidence to substantiate the allegation, in order to avoid the risk of being fined. [10] [11] Hans Bader of the Competitive Enterprise Institute has said that the bill creates a conflict of interest in allowing fines to be levied by the same agency that would receive the money, creating an incentive for that agency, the Department of Education's Office for Civil Rights, to accuse schools of violating CASA in order to profit from the resulting fines. [12] [13]

See also

Related Research Articles

<span class="mw-page-title-main">Title IX</span> United States federal law prohibiting sex discrimination in federally-funded education programs

Title IX is the most commonly used name for the federal civil rights law in the United States that was enacted as part of the Education Amendments of 1972. It prohibits sex-based discrimination in any school or any other education program that receives funding from the federal government. This is Public Law No. 92‑318, 86 Stat. 235, codified at 20 U.S.C. §§ 1681–1688.

<span class="mw-page-title-main">Clery Act</span> 1990 US federal law

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act or Clery Act, signed in 1990, is a federal statute codified at 20 U.S.C. § 1092(f), with implementing regulations in the U.S. Code of Federal Regulations at 34 CFR 668.46.

The Office for Civil Rights (OCR) is a sub-agency of the U.S. Department of Education that is primarily focused on enforcing civil rights laws prohibiting schools from engaging in discrimination on the basis of race, color, national origin, sex, disability, age, or membership in patriotic youth organizations.

Campus sexual assault is the sexual assault, including rape, of a student while attending an institution of higher learning, such as a college or university. The victims of such assaults are more likely to be female, but any gender can be victimized. Estimates of sexual assault, which vary based on definitions and methodology, generally find that somewhere between 19 and 27% of college women and 6–8% of college men are sexually assaulted during their time in college.

The Pennsylvania Coalition Against Rape (PCAR) is the oldest anti-rape coalition in the United States, working to eliminate all forms of sexual violence and advocating for the rights and needs of victims.

Annie Elizabeth Clark is a women's rights and civil rights activist in the United States. She was one of the lead complainants of the 2013 Title IX and Clery Act charges lodged against the University of North Carolina at Chapel Hill, claiming that the institution violated the law by the way they handled sexual assault complaints. Clark and Andrea Pino, then a fellow UNC student and also a victim of sexual assault, launched a nationwide campaign to use Title IX complaints to force U.S. universities to address sexual assault and related problems more aggressively. Clark is co-founder with Pino of End Rape on Campus, an advocacy group for victims of campus sexual assault.

Andrea Lynn Pino (born February 15, 1992) is an American women's rights and civil rights activist, author, and a public scholar on issues of global gender based violence, media framing of violence, gender and sexuality, and narratives of survivorhood. She is the queer daughter of Cuban refugees and has stated that she is a survivor of sexual assault.

<span class="mw-page-title-main">Military Justice Improvement Act</span>

Senate Bill 1752, more commonly known as the Military Justice Improvement Act (MJIA), was introduced by U.S. Senator Kirsten Gillibrand (D-N.Y.) in 2013 as an attempt to reform procedures for determinations to proceed to trial by court-martial for certain offenses under the Uniform Code of Military Justice and for other purposes. The focus of the bill is to address the way that sexual assault in the United States military is handled through the military justice system and the chain of command. The bill has been criticized as potentially leading to a decrease in sexual assault prosecutions and in the protections offered to alleged victims of sexual assault. A similar bill that keeps Commanders in charge has been championed by Senator Claire McCaskill, D-Missouri.

The White House Task Force to Protect Students from Sexual Assault was formed on January 22, 2014, after President Barack Obama directed the Office of the Vice President of the United States and the White House Council on Women and Girls to "strengthen and address compliance issues and provide institutions with additional tools to respond to and address rape and sexual assault". The Task Force is part of a wider federal move to bring awareness to sexual violence on American campuses, which also included the Office for Civil Rights release of a list of American higher education institutions with open Title IX sexual violence investigations and the It's On Us public awareness campaign. The co-chairs of the Task Force are Vice President Joe Biden and Senior Advisor to the President Valerie Jarrett.

In April 2013, Occidental College was one of the first in a series of US higher education institutions to be accused of failing to take campus sex crimes seriously by improperly reporting and adjudicating sexual assaults and covering up rapes. Occidental students and faculty filed two federal complaints against the College, alleging violations of Title IX of the US Education Amendments of 1972 and the Clery Act.

<i>Mattress Performance (Carry That Weight)</i> American performance art piece

Mattress Performance (Carry That Weight) (2014–2015) was a work of endurance/performance art which Emma Sulkowicz conducted as a senior thesis during the final year of a visual arts degree at Columbia University in New York City.

<i>The Hunting Ground</i> 2015 American film

The Hunting Ground is a 2015 American documentary film about the incidence of sexual assault on college campuses in the United States and the reported failure of college administrations to deal with it adequately. Written and directed by Kirby Dick and produced by Amy Ziering, it premiered at the 2015 Sundance Film Festival. The film was released on February 27, 2015, an edited version aired on CNN on November 22, 2015, and was released on DVD the week of December 1, 2015. It was released on Netflix in March 2016. Lady Gaga recorded an original song, "Til It Happens to You," for the film, which was nominated for the Academy Award for Best Original Song.

Know Your IX is an American political advocacy group founded in 2013. It aims to inform students of their right to an education free from gender-based violence under Title IX of the Education Amendments of 1972, which prohibits sex discrimination in institutions receiving federal government funding. The organization also seeks to influence legislation and policy to improve federal enforcement of Title IX and treatment of student victims.

Families Advocating for Campus Equality (FACE) is an American advocacy group whose stated goal is to ensure fairness and due process for all parties involved in allegations of sexual misconduct on college and university campuses. FACE was started by Sherry Warner Seefeld and two other mothers who say their sons were falsely accused of sexual misconduct on their college campuses.

The Safe Campus Act was introduced to the US House of Representatives by Matt Salmon (R-AZ), Pete Sessions (R-TX), and Kay Granger (R-TX) on July 29, 2015. The bill aims to prevent colleges from pursuing internal investigations in cases of campus sexual assault. This restriction would legally require alleged victims of sexual assault to report the crime to the police in order to see justice on campus.

In April 2013, Emma Sulkowicz, an American fourth-year visual arts major at Columbia University in New York City, filed a complaint with Columbia University requesting expulsion of fellow fourth-year student and German national, Paul Nungesser, alleging he had raped Sulkowicz in her dorm room on August 27, 2012. Nungesser was found not responsible by a university inquiry.

A sexual assault response team is an organized group of individuals, professionals, and officials who promote a community-wide approach to end sexual violence and help victims of sexual assault to navigate the complexities of medical, emotional, and legal issues along with the associated procedures. Because a sexual assault sometimes involves physical injury and often leaves the victim in emotional shock, these eponymous local organizations are formed and advertised for quick reference and rapid assistance.

After a sexual assault or rape, victims are often subjected to scrutiny and, in some cases, mistreatment. Victims undergo medical examinations and are interviewed by police. If there is a criminal trial, victims suffer a loss of privacy, and their credibility may be challenged. Victims may also become the target of slut-shaming, abuse, social stigmatization, sexual slurs and cyberbullying. These factors, contributing to a rape culture, are among some of the reasons that may contribute up to 80% of all rapes going unreported in the U.S, according to a 2016 study done by the U.S. Department of Justice.

Stop Sexual Assault in Schools is a United States non-profit organization that advocates for K–12 students’ right to an education free from sexual harassment and sexual assault. Sexual assault and severe or pervasive sexual harassment are types of sex discrimination prohibited under Title IX of the Education Amendments of 1972, a civil rights law that prohibits sex discrimination in any education program that receives federal funding. SSAIS accomplishes its mission by creating and distributing free education programs, filing pro bono civil rights complaints with the Office for Civil Rights (OCR), collaborating with national gender equity organizations, supporting legislative and legal initiatives, working with communities and families to bring schools into Title IX compliance, and educating the media about how sexual harassment and sexual violence in K–12 schools can violate students’ rights.

<span class="mw-page-title-main">Sexual Violence and Misconduct Policy Act (British Columbia)</span>

The Sexual Violence and Misconduct Policy Act is a provincial law in British Columbia, Canada, requiring publicly funded post-secondary institutions in the province to implement a policy addressing campus sexual violence and sexual misconduct. Post-secondary institutions subject to Act 23 must develop a policy that covers several specific types of sexual misconduct involving a student, sexual misconduct prevention, and institutional responses to sexual misconduct. Post-secondary institutions must make their policies publicly available on their website. The legislation was passed in 2016 and came into force in 2017, by which time all post-secondary institutions subject to the Act were required to have developed a policy.

References

  1. "Campus Accountability and Safety Act". Act No. S. 2692 of 2014.
  2. "Campus Accountability and Safety Act". Act No. H.R. 5354 of 2014.
  3. Rhodan, Maya (July 30, 2014). "Bipartisan Bill Aims to Reform Campus Sexual Assault Investigations". Time.
  4. 1 2 Gillibrand, Kirsten. "Resource Center: Campus Accountability and Safety Act". Archived from the original on 2014-08-28. Retrieved 2014-08-22.
  5. McCaskill, Claire. "The Bipartisan Campus Accountability and Safety Act" (PDF). Archived from the original (PDF) on 2014-08-17. Retrieved 2014-08-22.
  6. https://www.nsvrc.org/sites/default/files/publications_nsvrc_factsheet_media-packet_statistics-about-sexual-violence_0.pdf [ bare URL PDF ]
  7. "Actions - S.590 - 114th Congress (2015-2016): Campus Accountability and Safety Act". US Congress. 29 July 2015. Retrieved 17 January 2016.
  8. Tumulty, Brian (10 January 2016). "Sen. Kirsten Gillibrand looks for more legislative success in 2016". lohud. Retrieved 17 January 2016.
  9. Hays, Charlotte (August 1, 2014). "Some Takes on the Campus Accountability and Safety Act". Independent Women's Forum.
  10. McElroy, Wendy (August 13, 2014). "OpEd - Contributors: "Devil's in the details of Campus Accountability and Safety Act"". The Hill.
  11. "EDITORIAL: Campus sex assault bill flattens due process". Las Vegas Review-Journal. August 17, 2014.
  12. Leef, George (August 11, 2014). "Blatant Conflict of Interest in Campus Accountability and Safety Act". National Review Online.
  13. Bader, Hans (August 6, 2014). "Troubling provision in Campus Accountability and Safety Act". Liberty Unyielding.