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.