Federal Campus Sexual Assault Victims’ Bill of Rights
The Campus Sexual Assault Victims’ Bill of Rights was signed into law by President George Bush in July of 1992. This law requires that all colleges and universities (both public and private) participating in federal student aid programs afford sexual assault victims certain basic rights. The “Campus Sexual Assault Victims’ Bill of Rights” exists as a part of the campus security reporting requirements—commonly known as the Jeanne Clery Act from The Clery Center for Security on Campus.
On March 7, 2013, President Barack Obama signed a bill that strengthened and reauthorized the Violence Against Women Act (VAWA). Included in the VAWA legislation were amendments to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act which afford additional rights to campus victims of sexual harassment, including sexual assault, dating or domestic violence, gender-based harassment and bullying, and stalking.
In cases of sexual assault on campus:
- Survivors shall be notified of their options to notify law enforcement.
- Accuser and accused must have the same opportunity to have others present at any disciplinary proceeding.
- Both parties shall be informed of the outcome of any disciplinary proceeding.
- Survivors shall be notified of counseling services.
- Survivors shall be notified of options for changing academic, employment, transportation, financial aid, immigration, and living situations.
Additionally, a (student or employee) victim or survivor of sexual harassment, including sexual assault, dating or domestic violence, gender-based harassment or bullying, and stalking shall be afforded the following rights:
- Victim's or survivor's option to decline to notify authorities.
- Accuser and accused are entitled to the same opportunities to have others present at any disciplinary proceeding or related meeting including an advisor of their choice.
- Both parties shall be notified simultaneously of the outcome of any disciplinary hearing, procedures to appeal, any change of results prior to final results, and final results.
- Written notification to victims or survivors about victims' or survivors' rights, options, and assistance the school is required to provide, including the institution’s obligation to arrange appropriate accommodations for academic, counseling, health services, legal advocacy and assistance filing criminal reports, housing and transportation, financial aid assistance, immigration and visa assistance, help with employment concerns, and various other on-campus and off-campus needs.
- Information regarding how the institution will protect the confidentiality of victims or survivors, including how publicly available record keeping will be accomplished without the inclusion of identifying information about the victim or survivor, to the extent permitted by law.
- Written notification to students and employees about existing resources and services on campus and within the local community, including counseling, medical and mental health services, immigration and visa assistance, employment, financial aid assistance, and legal services.