North Dakota Council on Abused Women's Services

The Facts | Right to Know
What Your College Is Doing |Checklist For Peer Educators

Federal "Student Right to Know Act"
and the North Dakota Resolution

REQUIREMENTS OF CAMPUS SECURITY ACT OF 1990 AND ITS AMENDMENTS (Also called "Student Right To Know Act".)

To protect the rights of college students, the federal government has passed 'The Student Right to Know Act'. If you'd like to find out what colleges are required to do about sexual assault, read the following list. It's an abbreviated list, but it will tell you something about programs, policies, and procedures that the federal government mandates colleges to have. According to the 'Student Right to Know Act,' colleges and universities must have specific sexual assault policies that include:

1.Commitment to educational programs which should "encourage students and employees to be responsible for their own security and security of others"

2. Timely warnings of known dangers and dangerous areas

3.Reporting procedures when the alleged sexual assault has occurred

4. Clarification of procedures when sex offense occurs

- the importance of preserving evidence

- who should be contacted

- to whom the alleged offense should be reported

5. Options available to victims

- notification of law enforcement

6. Procedures for on-campus disciplinary action; rights of accuser AND accused

- to have a support person at judicial proceedings

- to be informed of the outcome of all proceedings

- to expect a prompt response for options they select (North Dakota House Resolution 3019)

7.Range of penalties for offenders

8.Support procedures from the college, including

- change of academic and living situations

- mental health/counseling services

- campus and community resources

9.Definitions of forcible and non-forcible sex offenses

10.Definition of campus

11.Definition of "Campus Security Authority"

12.Policy distribution to all current students and to prospective students and employees upon request

13.Publication and distribution of Campus Security Reports which

- are distributed WITH sexual assault policies

- include statistics on forcible and non-forcible sex offenses

- include statistics on hate crimes (Hate Crimes Statistics Act, 28 U.S.C. 534)

If you wish for more information on ways to combat violence against women on campus, the following resources may be helpful:

Department of Justice Violence Against Women Office

Department of Education on campus safety

Higher Education Center for Alcohol and Other Drug Prevention

North Dakota House Concurrent Resolution No. 3019
Passed Unanimously in 1995

A concurrent resolution urging all public and private institutions of higher education in the state to take action with respect to assisting rape victims and publicizing rapes that occur on college or university campuses.

...All public and private institutions of higher education in the state are urged to

A. Provide information to victims of alleged incidents of rape regarding available options the victim may pursue;

B. Respond promptly to the options selected by the victim;

C. Establish and utilize clear and consistent sexual assault policies which may be incorporated into the current disciplinary policies of each campus;

D. Develop, publicize, and enforce clear and consistent policies for taking appropriate actions against members of the campus community who participate in rape that occurs on the property of the institution or at a campus-related function or activity;

E. Add specific language to the student codes of conduct and the residence hall rules prohibiting rape and other forms of sexual battery;

F. Provide all incoming students with information on rape;

G. Report all reports of sexual assault in their annual reports as mandated by the Crime Awareness and Campus Security Act of 1990.