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The Facts |
Right to Know |
Help: Local Resources
What Your College Is Doing |
Guide To “Road Emergencies”
Checklist For Peer Educators
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Federal "Student Right to Know Act"
and the North Dakota Resolution |
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REQUIREMENTS OF CAMPUS SECURITY
ACT OF 1990 AND ITS AMENDMENTS (Also called "Student Right To
Know Act".) |
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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: |
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1. |
Commitment to educational programs which should "encourage
students and employees to be responsible for their own
security and security of others" |
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2. |
Timely
warnings of known dangers and dangerous areas |
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3. |
Reporting procedures when the alleged sexual assault has
occurred |
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4. |
Clarification of procedures when sex offense occurs |
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the importance of preserving evidence
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who should be contacted
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to whom the alleged offense should be reported |
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5. |
Options available to victims |
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notification of law enforcement |
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6. |
Procedures for on-campus disciplinary action; rights of
accuser AND accused |
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to have a support person at judicial proceedings
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to be informed of the outcome of all proceedings
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to expect a prompt response for options they select (North
Dakota House Resolution 3019) |
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7. |
Range of penalties for offenders |
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8. |
Support procedures from the college, including |
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change of academic and living situations
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mental health/counseling services
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campus and community resources |
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9. |
Definitions of forcible and non-forcible sex offenses |
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10. |
Definition of campus |
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11. |
Definition of "Campus Security Authority" |
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12. |
Policy
distribution to all current students and
to prospective students and employees upon request |
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13. |
Publication and distribution of Campus Security Reports
which
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are distributed WITH sexual assault policies
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include statistics on forcible and non-forcible sex offenses
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include statistics on hate crimes (Hate Crimes Statistics Act,
28 U.S.C. 534) |
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North Dakota House Concurrent Resolution
No. 3019
Passed Unanimously in 1995 |
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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. |
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…All public and private institutions of higher education in
the state are urged to |
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A.
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Provide
information to victims of alleged incidents of rape regarding
available options the victim may pursue; |
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B.
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Respond promptly
to the options selected by the victim; |
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C.
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Establish and
utilize clear and consistent sexual assault policies which may
be incorporated into the current disciplinary policies of each
campus; |
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D.
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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; |
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E. |
Add specific
language to the student codes of conduct and the residence
hall rules prohibiting rape and other forms of sexual battery; |
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F.
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Provide all
incoming students with information on rape; |
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G. |
Report all reports of sexual assault in their annual
reports as mandated by the Crime Awareness and Campus Security
Act of 1990. |
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UNITED STATES DEPARTMENT OF EDUCATION |
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This letter from the United States Department of Education’s
encourages college presidents to focus on several issues
relating to sexual assault and violence on their campuses. |
Sep. 6, 1996
Dear President: |
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Women on college campuses, and young women generally, are
often at risk of being sexually assaulted or victims of
violence. While many schools have created programs to raise
awareness about stalking and sexual assault, including dating
violence and acquaintance rape, some have not yet taken this
step. We would like to encourage all schools to focus on these
issues, and this letter provides some suggestions for your use
in developing and implementing a comprehensive prevention
policy. |
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Many orientations for new students on campus already include
information about sexual assault and stalking. Effective
orientation programs could incorporate the following:
explanations of what constitutes sexual assault, stalking or
physical abuse; dissemination of effective strategies to
prevent sexual assaults; discussion of the institution’s
policy on alcohol and the connections between alcohol abuse
and sexual assault; resources available to victims; the
methods of reporting instances of sexual assault and other
crimes.
In addition, it is advisable to coordinate your efforts with
local law enforcement, prosecutors, health care providers,
rape treatment centers and shelters. This will reinforce for
students the fact that sexual assault is a serious crime in
need of attention not only by the educational institution but
by law enforcement and health services as well. Inviting
representatives from such organizations to speak during an
appropriate campus event can reinforce this message. |
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Schools are encouraged to include all organizations that are
an integral part of campus life, such as the student council,
the campus newspaper, intercollegiate athletics, the Greek
system, organizations involved in preventing substance abuse
and violence, and other student organizations, in the effort
to educate and to prevent violence against women. |
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A strong protocol for handling cases of sexual assault and
stalking is a tool that many campuses have found effective in
assisting victims, in ensuring appropriate disciplinary action
and in preventing such incidents from occurring. These
protocols generally specify actions a victim should take
following an assault, resources available to a victim, and
procedures that will be taken if an offender is identified.
If you wish more information on ways to combat violence
against women on campus, the following resources may be
helpful: |
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Department of Justice Violence Against Women Office
Department of Education World Wide Web site on campus safety
Higher Education Center for Alcohol and Other Drug Prevention
World Wide Web site |
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We have an important opportunity to inform students and affect
how they perceive sexual assault and other forms of violence
against women. We hope that you will join in this critical
partnership to end the cycle of violence. Please let us know
if any of our Departments can be of assistance. |
Sincerely,
Richard W. Riley, Secretary of Education
Janet Reno, Attorney General
Donna E. Shalala, Secretary of Health and Human Services |
