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Abstract: 

Legislation has been proposed in Congress to change the procedures used by colleges in sexual assault cases. The stated purpose of the proposed amendments to the Higher Education Act of 1965 is to “improve the adjudication of allegations related to sexual violence.” The Safe Campus Act would apply to institutions of higher education receiving federal financial assistance. This article examines the principal provisions of the Act and its likely impact on college and university policies for responding to allegations of sexual assault, and requires schools presented with a “covered allegation” to refer such cases to local law enforcement authorities instead of handling them by school judicial proceedings. The proposed act defines “covered allegation” as an allegation that a student committed an act of sexual violence, or that members of a student organization of the institution or the organization itself created a hostile environment resulting in an act of sexual violence. In a brief companion article (included) the editors also explain a provision of the act that would preserve a single-sex exemption under Title IX for student organizations.

Keywords: Safe Campus Act; Title IX

Affiliations:  1: Co-Editor; 2: Co-Editor.