Friday, October 31, 2014

Another Legislative Response to Campus Sexual Assault

The SOS Campus Act has already been introduced in Congress, but one anti-domestic violence group, Stop Abusive and Violent Environments (SAVE), has drafted legislation it believes will better serve victims of campus assault while ensuring basic confidentiality and privacy protections to those accused—and, particularly, acquitted—of campus assault. Ashe Schow of the Washington Examiner writes:
The bulk of SAVE’s bill, titled the “Safety of Our Students Act,” requires colleges and universities that receive federal funding to leave sexual assault investigations to the professionals. The draft requires universities to encourage students who report a rape or sexual assault to go to the police themselves. It also requires administrators to report the matter to the police and share all evidence or information they have, whether the accuser follows up or not.

“All allegations of campus criminal sexual assault that are brought to the attention of campus security or the campus disciplinary committee shall be immediately reported and referred by the personnel or committee to local law enforcement officials,” the draft says. “Exclusive jurisdiction for investigation and adjudication of the complaint shall reside with local criminal justice authorities.”

The SOS Act — not to be confused with the SOS Campus Act, which has already been introduced — also requires universities to treat acquitted students with respect and provide confidentiality.

“Absent a criminal plea agreement or verdict of guilt, colleges and universities shall respect and maintain the presumption of innocence with regards to the accused,” the draft says. “The accused shall enjoy the same confidentiality and privacy protections as the identified victim.”

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