S.1289 - Campus Sexual Assault Victims' Bill of Rights Act of 1991102nd Congress (1991-1992)
|Sponsor:||Sen. Biden, Joseph R., Jr. [D-DE] (Introduced 06/13/1991)|
|Committees:||Senate - Labor and Human Resources|
|Latest Action:||Senate - 07/11/1991 Referred to Subcommittee on Education, Arts, Humanities. (All Actions)|
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Text: S.1289 — 102nd Congress (1991-1992)All Information (Except Text)
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Introduced in Senate
S 1289 IS 102d CONGRESS 1st Session S. 1289 To amend the provisions of the Higher Education Act of 1965 relating to treatment by campus officials of sexual assault victims. IN THE SENATE OF THE UNITED STATES June 13 (legislative day, JUNE 11), 1991 Mr. BIDEN (for himself and Mr. SPECTER) introduced the following bill; which was read twice and referred to the Committee on Labor and Human Resources A BILL To amend the provisions of the Higher Education Act of 1965 relating to treatment by campus officials of sexual assault victims. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Campus Sexual Assault Victims' Bill of Rights Act of 1991'. SEC. 2. AMENDMENT. Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092(f)) is amended-- (1) by adding at the end of paragraph (1) of subsection (f) the following new subparagraph: `(J) A statement of policy regarding the rights of victims of sexual assault that complies with the requirements of subsection (g).'; and (2) by adding at the end thereof the following new subsection: `(g) POLICY REGARDING THE VICTIMS OF SEXUAL ASSAULTS- Each institution of higher education shall establish and implement a written policy establishing a campus sexual assault victims' bill of rights which provides that the following rights shall be accorded, by all campus officers, administrators and employees of such institution, to victims of campus-related sexual assaults: `(1) The right to have any and all sexual assaults against them treated with seriousness; the right, as victims, to be treated with dignity; and the right for campus organizations which assist such victims to be accorded recognition. `(2) The right to have sexual assaults committed against them investigated and adjudicated by the duly constituted criminal and civil authorities of the governmental entity in which the crimes occurred; and the right to the full and prompt cooperation and assistance of campus personnel in notifying the proper authorities. The foregoing shall be in addition to any campus disciplinary proceedings. `(3) The right to be free from any kind of pressure from campus personnel that victims-- `(A) not report crimes committed against them to civil and criminal authorities or to campus law enforcement and disciplinary officials; or `(B) report crimes as lesser offenses than the victims perceive them to be. `(4) The right to be free from any kind of suggestion that campus sexual assault victims not report, or under-report, crimes because-- `(A) victims are somehow `responsible' for the commission of crimes against them; `(B) victims were contributorially negligent or assumed the risk of being assaulted; or `(C) by reporting crimes they would incur unwanted personal publicity. `(5) The same right to legal assistance, or ability to have others present, in any campus disciplinary proceeding that the institution permits to the accused; and the right to be notified of the outcome of such proceeding. `(6) The right to full and prompt cooperation from campus personnel in obtaining, securing, and maintaining evidence (including a medical examination) as may be necessary to the proof of criminal sexual assault in subsequent legal proceedings. `(7) The right to be made aware of, and assisted in exercising any options, as provided by State and Federal laws or regulations, with regard to testing of sexual assault suspects for communicable diseases and with regard to notification to victims of the results of such testing. `(8) The right to counseling from any mental health services previously established by the institution, or by other victim-service entities, or by victims themselves. `(9) After campus sexual assaults have been reported, the victims of such crimes shall have the right to require that campus personnel take the necessary steps or actions reasonably feasible to prevent any unnecessary or unwanted contact or proximity with alleged assailants, including immediate relocation of the victim to safe and secure alternative housing, and transfer of classes if requested by the victims. `(10) In addition to the above rights, sexual assault victims have a right to be free from sexual or physical intimidation in campus housing and in campus accommodations for which the college receives any compensation, direct or indirect.'. SEC. 3. CONFORMING AMENDMENT. Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the end thereof the following new paragraph: `(13) The institution certifies that it complies with the requirements of section 485(g).'. SEC. 4. EFFECTIVE DATE. The amendments made by this section shall take effect on September 1, 1992.