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tv   Hearing on Campus Sexual Assaults  CSPAN  August 1, 2015 2:30pm-3:53pm EDT

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three. president wilson's very first memory was november of 1860 before he was four years old. he was standing on the front gate out in front of the house and two men came by in a hurry with very excited tones and they said abraham lincoln has been elected president and there is going to be a war. young tommy ran inside and asked his father what was war. what did that mean? we think it is his first memory was about another president, abraham lincoln, and another war, the civil war and wilson would have to lead the country through world war i. >> see all of our programs from augusta throughout the day on c-span two tv and sunday afternoon at 2:00 on american history tv on c-span three.
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>> joseph bannister is the only pilot in history to captaintwo navy frigates. he fired the first shot. >> this sunday night, author robert kerson on the search for the pirate ship the golden fleece. >> he started off his life not as a pirate but as a noble english sea captain, a gentle man, who is trusted by wealthy shipowners to sell their ship the golden fleece, this 100 foot long sailing ship, between london and port royal, jamaica which was known as the wicked city on earth and to carry valuable cargo like sugar and indigo dyes between london and port royal. he did that responsibly for years.
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but then one day in 1684, for reasons no one could determine joseph bannister stole the golden fleece and recruited a tough pirate crew and went pirate. >> sunday night at 8:00 eastern on c-span "q&a." >> this week, missouri senator claire mccaskill hosted the second in a series of roundtable discussions aimed at combating sexual assault on college campuses. it included college officials and victims advocates. this included testimony from university of california system president and former homeland security secretary janet napolitano. this is just under two and a half hours.
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>> before we begin, i would like to share a brief statement from chairman lamar alexander who asked me to read the following. . i asked senator collins to chair the hearing because i have had to go to nashville for the funeral of a close friend. before she was elected to the senate, senator collins worked in bangor, maine so she brings a valuable perspective to this discussion. it's where to read what someone
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says about you. [laughter] i thank her for doing this and i thank the witnesses for attending. the goal of federal regulations and rules should be to help our 6000 colleges and universities create campus environments that make students safer from sexual assault. in doing that, we should be careful to eliminate duplicate of laws and regulations so instead of spending unnecessary time filling out forms colleges have more time to counsel students and create a safer environment and help colleges better coordinate with law enforcement agencies but not turn colleges into law enforcement agencies, and establish procedures that are fair and protect the due process rights of the accused and the accuser. i know the chairman regrets very much that he could not be here
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today and i would ask that the remainder of his full statement be printed in the record. one of the things that i most enjoy as a united states senator is the opportunity to meet with students from my home state of maine, a sentiment i'm sure many of my colleagues share. yesterday, i had breakfast with my summer interns who attend six different colleges and universities. we discussed the incidents of sexual assaults on their campuses and what can be done to halt this crime and meet the needs of survivors. these students had three insightful recommendations. first, they all support mandatory ongoing training for all students. second, they emphasized that
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students or our assaulted need a confidential advisor to whom they can turn. as chairman alexander mentioned the believed it was important to make sure that disciplinary procedures are fair for those who are assaulted and for those who are accused. there are two federal laws to help combat sexual assault on campuses. the cleary act and title ix of the education amendments of 1972. the last congress, provisions of the cleary act were updated by the enactment of the violence against women act reauthorization. senator casey health lead the effort to include important reform related to sexual assault prevention on campuses.
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on july 1, the department of education issued new regulations implementing these amendments to ensure that campuses have policies and procedures in place to prevent and respond sexual assault, sexual violence, dating violence. these laws include requirements that edge of tatian all institutions file annual reports on the crimes of occurring on campus, institute security policies and have fair disciplinary procedures for sexual assault cases, employee a title ix coordinator, educate students and staff about sexual assault prevention and awareness and notify survivors about their rights and the resources available to them. and provide for staff training. many colleges and universities
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are also engaged proactively in raising awareness about sexual assault among the student body. for example, the university wants its office of federal assault and violence prevention last year. it has undertaken a campaign to educate students through posters, brochures presentations, and training. mercedes dubais who happens to hell for my home taino -- hometown of caribou told me the office of greek life requires students in sororities and fraternities to participate in sexual assault, domestic violence, and alcohol and drug awareness training each year. the system we have in place is designed to allowed ministers to
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intervene quickly on behalf of students in a way that is separate from the judicial system. i hope this hearing will inform the committee of what in the current system is working and what needs to be changed and whether additional reforms are needed to help keep students safe while respecting the privacy of sexual assault survivors and providing due process rights for all students. this committee has formed a bipartisan working group to explore campus sexual assault and campus safety in greater detail. i look forward to hearing from our witnesses on how we can build consensus around this important issue. our first panel today is comprised of senators who have worked tirelessly together on legislation to combat campus sexual assault and have
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introduced the campus accountability and safety act. senators mccaskill, heller, jill lebron, and ayotte are four of the original probe -- cosponsors of this bill and have the devoted a great deal of time and energy to this effort. i also want to recognize the work of senators blumenthal, grassley, warner, and rubio. the campus accountability and safety act include several provisions that merit our full consideration. all of the senators who will be testifying have shown great leadership in addressing campus sexual assault and i want to thank each of them for their participation this morning. it is now my great pleasure to turn to the ranking member senator murray. i will say this feels like old times when we left the transportation appropriations subcommittee. >> thank you very much.
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it's great to be working with you on this committee. i know the women of the senate have come today. and want to be here for this. [laughter] i want to thank all of our witnesses as well who represent a wide array of perspectives and appreciate all of you for taking the time to join us. we recognize the worst of our first four witnesses. we thank you for all your time and attention to this critical issue. fighting back against sexual assault on campuses requires coordination and focus at every level. i'm grateful to all of our witnesses took the time to be here today to talk about this. higher education is an important pathway to the middle class. it's an opportunity for students to grow personally and develop skills that will prepare them to succeed in today's economy.
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with all of that to focus on the last thing a student should have to worry about is whether they are safe on campus. the harsh reality is that one out of five women is sexually assaulted in college and men as well. in 2013 alone, college campuses reported 5000 forcible sex offenses in a recent study and it indicated that could be much greater. there should be no question that sexual body -- violence on campus is a widespread, growing, and on acceptable problem. simply put in colleges and universities across the country, basic human rights are being violated. all too often, current systems and campus climates encourage underreporting rather than action. as we talk about the seriousness of this problem, it's important to acknowledge the work already underway to address it. survivors like the witness we have in our second panel have greatly stepped up to make clear they expect far better from their schools and their
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communities. in doing so, they have forced a national conversation and they have shown other survivors they are not alone. president napolitano, great to have you here today. another university leader has made fighting campus sexual assault of cap -- a top priority. they have development partnerships between schools and committees and law enforcement to coordinate response and take important steps to focus on prevention and improve compliance with the cleary act which is something this stafford has worked on closely. just last month, banks to the work of many today including senator casey regulations went into effect as part of the violence against women act of 2013 that will require schools to increase transparency about sexual violence and assault and strengthen prevention efforts. these are critical steps but without question, there's much more to be done. i see our conversation about reauthorizing the higher education act as a critical
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opportunity for continued an urgent needed progress. i am pleased that key senate leaders are here today with us to discuss their campus accountability and safety act legislation that would take steps to improve campus climate by requiring far greater transparency about the prevalence of campus sexual assault put in place key protections for survivors improve harsher penalties in schools that don't meet requirements. i want to know that when a student is attacked, her school in her community will be ready to respond with compassion respect, and accountability. i think we can agree we need to do everything we can to engage students in school so sexual assaults do not happen in the first place. recent research by the senate is -- centers for disease control and prevention which is probably ongoing effort has identified cap a sexual assault as a public health issue.
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it has shown that sustained comprehensive education programs can help prevent sexual assault especially by preparing students to fight back against the damaging myths that surround rape and assault. increasing bystander intervention would help break down norms. i am very eager to hear from all of our witnesses today about programs and policies aimed at prevention. a much more effective program and require can make a huge difference but we cannot expect to fix this problem just by changing the rules. we have to do something much more difficult and that is to change culture. for example, a few years ago ms. bolger brought to life it at her, monitor, amherst college, a fraternity had printed t-shirts depicting a woman being roasted on a spit like a pig. those students went unpunished. take a minute to think about the message that sends to students male and female about how much their community values women.
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unfortunately, this is just one example of countless to choose from across the country. that is why the national conversation that students like ms. boulder have started and other leaders including many here today have stepped up to support is so absolutely critical. a country that values women and all individuals is stronger for it. we all me to do our part to keep this conversation going and many to make it louder. we have done far too little in congress over the years to support survivors and to be a voice for women across the country, daughters and granddaughters, who are counting on us. i am glad that chairman alexander and i agree that the health committee needs to join the debate on campus sexual assault. much more fully i want to thank all of our witnesses including our colleagues here today for taking the time to be such a critical part of this discussion and the work that all of you have already done with many other members on both sides of the aisle who are very much focused on this fight.
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as we continue our conversation about our country's higher education system and our work on this committee, we have an opportunity to stand up for survivors and make clear the state's quote is completely unacceptable and help continue the conversation about changes we absolutely need to see. i am very committed to to seizing this opportunity and i want to thank senator collins and recognize senator alexander as chairman of this committee for stepping up to this. he will very much. >> thank you, senator murray. i am pleased to welcome our colleagues as the first panel of witnesses today. missouri senator claire mccaskill has a long history of fighting sexual violence going back to when she prosecuted sex crimes and established a domestic violence unit in kansas city and leading to her current work in the senate to curb sexual assaults in the military
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and on college campuses. she is the lead on the campus accountability and safety act. nevada senator dean heller has been an advocate for sexual assault survivors since his 10 years in the house of representatives where he led a bipartisan effort to reduce the rape kit backlog and to help bring closure to victims and families of this horrendous crime. new york senator kirsten gillibrand has been a key voice on the issue of sexual assault on college campuses and also in the military particularly in her role on the senate armed services committee. new hampshire senator kelly ayotte, drawing on her experience as the new hampshire chief prosecutor and former attorney general, has also worked hard in the senate to stop sexual assault and the
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mystic violence. thank you all for being here today we will start with senator mccaskill. >> thank you very much. thank you for holding this important hearing on this issue. these crimes are troubling to parents, students, and educators. as a mother and a grandmother but maybe most importantly informed by my former work of many years in the courtroom prosecuting sex crimes, i am working extensively with my senate colleagues to ensure students are protected from incidents of sexual violence and perpetrators are held accountable. i am very proud to work with senator heller, gillibrand, ayotte, grassley, blumenthal warner, and rubio. we introduced a version of the campus accountability safety act last year. we did not stop at the version we introduced last year. over the past 15 months, our coalition of eight offices has met with over 60 organizations including groups representing
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students who have been victims of college sexual assault, colleges and universities, and their associations, law enforcement, victim advocacy researchers, and parents of those children who have been accused of sexual assault on college campuses. after introducing laster's version in july of 2014 as we continued to meet with stakeholders and gather more feedback, we have made significant improvements to the bill. we have reintroduced this bill with an even larger bipartisan coalition. currently, the bill has 33 cosponsors, 12 democrats and 20 -- 12 democrats -- 12 republicans and 20 democrats which is a bipartisan coalition that we don't see every day in the united states senate. our legislation is so much stronger for it. where all honestly proud of the work we have done together. finally, we want to bring this crime out from the shadows and
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make it a priority on our nation's campuses. as a former prosecutor, i take special interest in assuring that those who have been victimized by sexual assault are given adequate support and feel empowered to make informed decisions in a very complicated situation. there are different systems-there is the legal system and title ix. there are different obligations depending on who learns of the crime. these young people need to have information they can rely on as they navigate this complicated scenario. at a moment, they are traumatized, emotional, and are worried they have no place to turn for reliable information or where they would be treated with credibility. our legislation would establish new campus resources and support services for victims who have
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been -- who are alleging they have been victims of sexual assault. colleges and universities would be required to designate confidential advisers to these students. the confidential adviser i think may be the most important part of our legislation. this is a person that guides the student through the process of understanding the potential legal and campus reporting process, following the sexual assault and can provide confidentiality through that process. not only would the confidential adviser coordinate the court services for those who have been assaulted but they would provide critical information about options for reporting these crimes to campus authorities and/or local law enforcement. they would support the students every step of the way and will put them back in charge of what happens to them moving forward. we have heard from advocates and those who have been assaulted that they need someone they can talk to in order to learn about their options without being
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forced to make a permanent decision right away. the confidential adviser works slowly -- solely at the discretion of those who would been assaulted and provides important information on reporting sexual assault. i believe their creation is critical to tackling the underreporting that pervades this issue and leaves perpetrators unaccountable. it's my hope this provision empowers students who are assaulted on a friday night to know on that same friday night who he or she can call and where he or she can go for good information and confidential support. i also want to mention that our bill now includes the provision to ensure more transparency about the campus judicial process. our bill requires that both the victim and the accused have timely notice of an institution's decision to proceed with an institutional disciplinary process regarding an allegation of sexual misconduct.
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this would provide both the victim and the accused students with the opportunity to meaningfully exercise the right afforded to them under institutional policy. it is critically important that both of the parties participate on a level playing field in the campus disciplinary process. we must continue to work to improve confidence in the judicial and campus system which will in turn increase reporting support survivors, and punish perpetrators of sexual assault on our college campuses. in addition, we must make sure that these provisions provide transparency for those who are accused. i look forward to working with my senate colleagues and members of this committee on the provisions of this bill and the larger campus accountability and safety act in the coming months. we think between all of us that have worked on this and all of the input we have taken, we believe there are several key provisions that could be included and the re-off -- in
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the reauthorization of higher education that could make a real difference going forward and we really appreciate this committee taking the time to deal with it today. we have tried to divide the testimony where we are not too repetitive. it's hard for us not all to want to be here. we appreciate you putting up with all four of us wanting to get our words and this morning thank you. >> senator heller -- >> i want to thank you for the opportunity to testify on this particular issue that i think is critically important. i want to thank you for your opening statements from both of you and for your understanding and concern and support of moving something forward here so we can make sure these campuses are safe. i am proud to work along with my colleagues here. i'm glad to see after senator murray plus comments that there are more male senators that of shown up. [laughter] it was lonely for a while but i'm sure there are senators that are just as interested and devoted to this issue as i am.
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when we first started working on the legislation, it was important for me to sit down with the stakeholders in the state of nevada. last june, held a roundtable in las vegas. i received input from title ix coordinator's, police officers, victims advocacy groups on ways to prevent sexual assault and assist students are buyers. i brought their ideas back to washington as mike kelly to did the same and much of the feedback helped us drafter first bill. this is only one example of outreach that most senators do. since the first introduction of our bill come our bipartisan working group continued to meet with stakeholders across the nation including survivors groups students, colleges and universities, law enforcement and others to help strengthen and improve our new bill that we introduced earlier this year. from the beginning, we have also worked diligently with your committee to ensure our final bill incorporated comments from
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experts on our nation's educational system. our working group strongly believes we have put together a comprehensive product that will provide our schools with the fools they need to make our campuses safer. i know for me and many parents, watching your children go off to colleges a proud moment. parents want to be confident that their sons and daughters will be safe and have access to resources that they need from their schools. unfortunately, it's not always the case. we have over 100 colleges and universities today under investigation for violation of title ix in the handling of campus sexual violence. while we have seen news stories about these tragic events, with the reality is there are many more survivor stories that have not been heard and have not been told. sexual assault is a crime that more often than not goes unreported. that is where the reasons why data provided by our nations institutions simply do not reflect the prevalence of this crime. in fact, there are many colleges
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and universities that have reportedzero incidences of sexual arrest -- that have reported zero incidences of sexual attacks. one of the most important provisions of our bill is the campus climate survey which will improve access to accuracy, campus level data by allowing students to anonymously share their experiences related to sexual assault. under our bill, the school will give the students anonymous online surveys to gauge the scope of sexual assault on campus and the effectiveness of the current institutional policies on this issue. the department of education responsible for developing this survey is picking up its cost. schools need to ensure adequate and random sample of students taking the survey. the survey results will be reported to congress. it will be published on the department of education website. this survey will be standardized in the merck and public will be able to compare the campus climates of all schools.
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as the father of four children, wish i had access to this kind of information when my kids were preparing to go to college. as a grandfather of two, my hope is that when they grow up and go off to school, our nation's campuses will be safer than ever before. the campus climate survey will be an educational tool for students and parents as well as an invaluable resource for institutions to help create or enhance evers to prevent sexual assault, assist survivors of the crime and improve campus safety overall. this provision is one example of how congress can act today and make fighting this crime a priority. we cannot legislate all sexual assault at no bill is perfect, campus accountability is a step in the right direction toward combating this heinous crime guaranteeing survivors have access to the resources they need and deserve. thank you again for the opportunity to testify today and i look forward to hearing from i colleagues at the witness table.
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it has been an honor and pleasure to serve with them and work with them to get this work done. thank you very much. >> thank you, senator. senator gillibrand print >>. >> i'm so grateful for your attention on this issue and your commitment and i'm grateful to chairman alexander and having this hearing which is invaluable. about a year ago, we outlined a way to help students from sexual assault and we heard some -- from survivors who spoke passionately about the harm and physical assault they endured with the second and justice -- the injustice of feeling betrayed by a school they loved and administration they trusted. we listen to law enforcement, we talked to cap's officials and the advocates for the rights of the accused all the want of their voices heard. as senator mccaskill said, this second bill we have introduced is truly a superior version of the first bill.
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the fundamental objective of this bill is to flip the incentives so that the first time it would be in the school best interest to solve the problem, to actually do it aggressively and get it right. we did it because the price of a college education should never be the risk. of a sexual assault every day it is becoming increasingly clear that too many schools are failing because they do not take sexual assault seriously enough. they do not see it as a violent felony that it is. they do not treat these as life altering assaults and they do not treat them as violent crimes. schools across the country will routinely withhold a diploma if you don't pay your fees. they will routinely kick you out if you cheat on a test but the statistics for students who violate other students and were found responsible show that only 1/3 are expelled for the crime. in other words 2/3 of students
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responsible for sexual assault are still on their college campuses. what does this say about school priorities of some colleges have tougher justice for student cheating on exam that for someone who has raped another student? the campus accountability and safety act would transform the way colleges and universities do with this crime. with this bill come instead of pretending these kinds don't happen, schools would be held accountable for reporting their sexual assault statistics accurately and publicly. every college and university in the country would give their students an anonymous standardized survey to assess the student experiences with campus sexual violence and the results of this survey would give students, parents, and campus administrators a snapshot of what is happening on their campuses that would pay a far -- paint a farm or comprehensive picture of the scope and depth of this problem. with his bill, instead of having campus security and local police
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debate jurisdiction after a sexual assault is reported, every college and university in the country would be required to have a memorandum of understanding with local law enforcement to clearly delineate responsibilities. when you go and see that confidential adviser, he or she will be able to tell that survivor what his or her options are. this is the campus route, this is the criminal justice route there will be no confusion and she will know exactly what happens under each process. instead of a survivor feeling like he has to go public with the details of her rape, to capture her schools attention with his bill, she now has a dignified have to justice without having to broadcast the details of the worst nightmare of her life in public and on the cover of "the new york times." i urge my colleagues to support this critically important bill. i believe we have responsibility to keep our young men and women safe on campus.
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for the record, i have a number of letters that i would like to introduce. i have one from the american federation of teachers and one from the anti-sexual violence organization rain, one from the state university of new york and 60 colleges and universities that have read this that have endorsed this bill and i have one from the representatives from the louisiana legislature or a version of the safety act recently passed into law and i have another one from the student advocacy organization called safer. thank you again for your attention and dedication and thank you to all the members who came to this hearing. >> thank you for your testimony and those letters will be entered into the record without objection. senator ayotte -- >> thank you. i want to thank chairman alexander as well for his focus on this issue. i know many members of this committee have already become cosponsors of our bill and have
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been really does on this issue. we are appreciative of your attention today. i'm deeply honored to be here with my colleagues and this has been an important process of continuing to seek feedback on making sure we are looking at the best practices that occur around the country and also solving some of the worst problems we have seen and inconsistencies we cap seen around the country so thank you all for your leadership on this. i think this is an example of how members of both parties can work together when you see the strong bipartisan support for this bill and also the strong bipartisan message that this hearing sense today -- that we all appreciate that every student deserves a safe environment on campus so that students can focus on learning instead of being victims of crime or feeling they have to be in fear. that is really what we want to accomplish and give the proper
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tools and focus on this incredibly important issue. cap us sexual assault is a serious public safety issue that has impacted every state in this nation including my home state of new hampshire. like senator heller, in order to hear directly from stakeholders, i have held roundtables and discussions on this issue at dartmouth college, saint and some -- sing anthem college, bringing together students and survivor advocacy groups and campus administration and law enforcement to talk about these issues in different size colleges with different challenges. in new hampshire, we have seen some positive developments when it comes to ensuring that survivors receive support on campus. i think this national discussion has forced many colleges to really focus on this issue. i think having a hearing like this also causes our campuses to re-examine this issue. for example, having met with
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local law enforcement and administrators and students at dartmouth college in hanover, i know they are engaged in a process and committed to change at dartmouth. i have also had very candid conversations with the administration there. the dartmouth community has struggled with this issue and there is much more work to do. i am very encouraged that dartmouth recently formalized a relationship with the local rape crisis center to provide confidential services to survivors of campus sexual assault. in durham at the university of new hampshire, they have done some nationally recognized work for their rape prevention. much of the focus of our legislation is to ultimately bring campus communities throughout the nation in line with some of the efforts we have seen at unh. the police chief there proudly characterizes unh's multiple responses as a conspiracy of care for the students at unh.
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as a former attorney general for my state, no crimes of sexual assault are very serious crimes and need to be handled by law enforcement if victims choose to pursue that route. however, for a variety of reasons, these crimes are vastly underreported. and often unreported. our bill seeks to foster a more cooperative environment between schools and local law enforcement by requiring colleges and universities to enter what senator gillibrand said in her memorandum of understanding with the entity that has jurisdiction to report and investigate crimes on campus. the goal of the mou is to foster a dialogue between the school and law enforcement before a serious incident takes place which delineates responsibility and requires appropriate information sharing and that can ensure that survivors who come forward and choose to report a
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crime to law enforcement that the crime is properly investigated and can ensure that an accused individual has a clear understanding of what their rights are in this process as well. we know that too many of these crimes go unreported on campus. that is why it is so critical this piece of the confidential adviser so victims know with her options are and that they know there is someone who can represent them in this process and come let them know what their options are they choose to report to law enforcement or if -- and what will happen during the administrative process. these two provisions i think are critical as you look at this bill. unfortunately, one other issue that came up during the course of bringing people together around this -- i know senator mccaskill has spoken on this as well -- we have been outraged that we found out that on some
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campuses the way these crimes have been haphazardly investigated, that you had the athletic department that was investigating crimes of sexual assault and handling these matters. consistency in ensuring that practices like this never occur again will ensure the fairness to the accused but also the victims of sexual assault. you can imagine if you are a victim it -- and the athletic department is investigating an athlete accused of these crimes that you will not feel you will get justice in those circumstances. this bill would end practices like this and ensure that there is consistency and there's fairness not only for victims of sexual assault to ensure that a confidential adviser will be given to victims but that the accused has a fair and clear process to investigate these crimes. i thank you so much for your leadership both the chair and ranking member on this issue and for my colleagues and their
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incredible work today, thank you. >> thank you very much print i want to thank all four of our colleagues for coming to testify today and for your outstanding leadership on this issue. i know you have busy schedules so at this point, you are free to go home we will bring forth the second panel. >>i am pleased to welcome our next panel of four witnesses today. we have president janet napolitano, the president of the university of california. i had the pleasure of working with resident napolitano when she was secretary of homeland security. i served as ranking member of the senate homeland security committee. it is a pleasure to welcome her back to washington today. president napolitano leads the university system with 10 campuses, five medical centers
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three associated national labs in a statewide agricultural and natural resource program. previously, she served as governor and attorney general but not at the same time of arizona. our second witness, dana folger, is the cofounder of know you're 9. she leads a national survivor and youth led campaign to end campus sexual and dating violence. she is also a columnist and a 2014 graduate of amherst college. we thank you for being here as well. next we will hear from dolores stafford who is the executive director of the national association of clarity compliance of officers and professionals and association --
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and association for administrators responsible for managing cleary at compliance and serves as the president and ceo ofdee stamford and associates specializing in safety and security related issues on college campuses. it is also interesting to note that she served as chief of police at george washington university for several years right here in washington. finally, we will hear from molly floanlacher, who is the associate vice president for federal relations at the association of american universities where she has worked for some 14 years. she is responsible for higher education policy. >> thank you, senator collins
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and senator murray and members of the committee for holding this hearing and for the statements of your colleagues earlier this morning as well. i am pleased to see the bipartisan support on this issue. campus sexual assault and sexual violence is a criminal issue. it is a public health issue, it is a cultural issue. at the university of california which is the nations's largest public research university, we have no tolerance for it. the question is, what do you do about it? i'm here today to briefly describe what we have done and make a few brief comments on the legislation. in june of 2014, we established a systemwide task force to develop and implement a model for prevention, response, and reporting of incidents of sexual violence and sexual assault. we broadened the definition to include things like dating
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violence, domestic violence, and stalking which previously had not been clearly included. we also adopted an affirmative consent standard meaning consent must be knowing, intentional, and revocable in our cases. the task force which is very broad identified eight key recommendations. i am pleased to see that the recommendations of the task force are really mirrored in the legislation that you are considering now. a consistent response team systemwide investigation and adjudication standards including sanctions, comprehensive training education for the entire uc community communications and public awareness, a confidential advocacy and advocate for each survivor, systemwide website for information, standard data
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collection and increased accountability and reporting and then appropriate support services for survivors based on their circumstances. those are the eight key pillars of what we are doing. 4 have already been completely enacted in the remaining 4 will be implemented no later than january of. 2016 the most important i think is we have established the independent confidential advocate on every campus of the university of california. we have funded it and supported it and trained it. we have also set up systemwide education. every person, every freshman reporting this fall will receive the same training throughout the system and that training will then include all other students faculty, and staff. when you add those numbers together, that's over 400,000 people who will be receiving the
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training. we have worked with the california attorney general on a template and a toolkit for the linkage between the campuses and district attorneys and law enforcement. the websites are up and running. in my written testimony, i have given you the website and if you have extra time, you could go on the website. a couple of brief comments on the legislation -- it has to be flexible enough to allow for institutional differences. there's a big difference between a big public university like berkeley or ucla and a very small college. we need to take some of that into account. second it existing rules and regulations within the department of education need to be better allocated and
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coordinated. there is a lot of redundancy and duplication and delay their. this is something i know the department is working on but it is something that should be taken into account. third, any new laws should not undo any research-based best practices already implemented at campuses across the country. in other wars, campuses are moving even while the legislative process is underway. as i've mentioned, i think we are very close to voluntary compliance with the key elements of casa. on the mou's, the legislation should recognize that many large campuses have their own sworn police departments. how that works in themou world needs to be taken into account
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legislatively. again, i think the importance of this hearing and the importance of the support shown in the senate for this legislation cannot be overstated. on behalf of the university of california, we are grateful for your efforts. >> thank you very much for your excellent testimony. ms. bolger, welcome. >> thank you and good morning. i am very grateful to be here to testify at this committee hearing on campus sexual assault. during my time at amherst college where i graduated in 2014, i benefited from decades of activism and legislation to promote gender equality and campus. i also inherited a history of administrative under enforcement in the shadow of which gender violence was rampant, schools mistreated young survivors with impunity and a few students new title ix was about anything more
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than women's sports. my campus alone, students who experience sexual or dating violence were discouraged from reporting, tonight counseling and academic accommodations, and pressure to take time off. when i reported my own abuse to my school, i was urged to drop out and go home and return after my rapist had graduated. nearly every day, we hear from students who have had similar experiences. the hardest hit are often the most marginalized, students of color, lgbtq students, low income students, and students with disabilities. these inadequate school responses have not only frustrated their efforts to learn and graduate but have also come with staggering financial burdens. the cost of violence are real. between the expense of health services that colleges have refused to provide an tuition loss when victims feel like cannot safely remain on campus
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with their assailants without administrative support. these costs impact survivors educational opportunities and continue long after graduation. many survivors grades when they are forced to study in libraries or they suffer from depression and ptsd without administrative support often leading to diminished.wages down the road this intolerable status quote demands a strong federal response. due in large part to the important recent guidance from the department of education schools are finally beginning to take their responsibilities more seriously. things like housing changes in mental health services may seem trivial to the outside observer but to student survivors across the country, they are making the difference between staying in school and dropping out. title ix is a powerful to keep the one in five women who will suffer gender violence during college in school and learning.
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reauthorizing the highridge occasion act, congress should build on previous evers to continue to fight to end violence and dissemination in higher education. i outlined a number of solutions in my written testimony but i will focus on two of them. mandating campus transparency and promoting effective enforcement of title ix through finding authority and funding for the office of civil rights. first, transparency -- there are strong and perverse incentives for campuses to sweep violence under the rug. the school that provides pathways to reporting may seem increase in the number of people disclosing assault and hence a spike in assault numbers under the cleary act. this could make the school seem unsafe compared to a school that disparages reporting. to counteract these potential negative reputational consequences, congress and mandate that all schools conduct yearly campus climate surveys and publish the results. it matters how these surveys are instituted. infrequent climate surveys or surveys were the results for
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each campus are not made public or released as aggregate data from numerous schools will hinder our efforts to create safer campuses. each school should also be required to publish aggregate statistics on how and how promptly investigations are being handled. together, this information will help students and families affected each school handles these cases in practice and will give policymakers the data they need to continue shaping legislative solutions. second, congress should act to strengthen federal enforcement efforts. the office for civil rights currently relies upon the empty threat of revoking all financial support from a college or university to motivate schools to comply with the law. this is a nuclear option which is to disastrous to be in fomented. providing the office for civil rights with explicit authority to levy fines against schools that violate the law would give the agency the increased leverage necessary to hold schools accountable without
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devastating programming and aid for students in the process. this authority must be made available for the department to enforce all relevant civil rights laws to ensure that students are free from all forms of discrimination including those based on race and disability. i also want to point out the efforts to combat violence our campuses will require increased appropriations for the office for civil rights as more survivors come forward in the number of complaints grow dramatically. ocr remains grossly underfunded and understaffed and they could provide additional technical assistance to schools on how to comply with title ix to better inform students about the rights and to improve campus safety by ensuring timely investigations. over the last five years, we have seen a remarkable transformation with conversations about gender violence that were confined to whispers today survivors and advocates like may have the opportunity to discuss these urgent issues before this committee. thank you for your time and your
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commitment to building a future were students can learn and thrive free from violence. >> thank you so much for your testimony. it is so important that we put a human face on this problem. that is what you have done today. i so admire that you turned your her in this experience into advocacy so that others don't go through what you did. thank you for being here today. we appreciate it. ms. stafford. >> good morning. i appreciate the opportunity to join you to briefly discuss the requirements of the cleary act including the newest requirement added by amendment's in addition to what institutions are doing to make campuses safer. i have a unique perspective as i had the opportunity at george washington university to serve
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as the chief of police where i founded the sexual response team for 20 years. it is not a common model for a chief of police to also supervise a sexual assault advocacy group. this model worked at gw because of my passion for wanting to ensure survivors of sexual assault were not re-victimized by our response processes, or actions in dealing with what i consider to be one of the most personal violations human being can suffer. we dealt with over 250 cases during my tenure at gw. i know firsthand that campuses expended significant effort and resources for campus safety from physical security systems to developing operational policies and procedures to plan for emergencies and crisis scenarios and providing a bunch of educational programs to enhance knowledge and awareness regarding crimes on campus. campuses forms committees, teams, task forces, and organizations to resolve missing issues related to campus safety
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and they consider best practices and research in formulating effective prevention and response strategies. a cornerstone of campus safety efforts involves compliance with the cleary act. it requires all eligible institutions to comply with a constellation of annual ongoing and immediate requirements. some of these requirements include identifying all campus security authority or what i like to call mandatory reporters of crime, developing a system to gather crime statistics from all of those people on campus, identify the csa. this is a significant task. a small residential college would typically have between 300-500 csa's who have to be chained -- trained in the crimes they become aware of. publishing and distributing an annual security report -- these reports must currently include 111 separate policies, statement disclosures and three years worth of crime statistics for
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the 15 cleary reportable crimes. campuses have to alert the campus community with a timely warning notice of reporting crimes that may pose a serious or continuing threat to the community. they have to immediately alert the campus community with an emergency notification of any reported her potential incidents that pose an immediate threat to health and safety of the community. they have to create and maintain and make available a written daily crime log to name a few of the requirements. the department of education has published a 300 page handbook as a resource for institutions to comply with this incredibly complex law. the handbook contains many rules and many exceptions to those rules. two cleary compliance officers the handbook is as clear as the u.s. tax code. in 2013, amendments to the cleary act added 47 new policy statement disclosures to the law.
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there were previously 64 disclosures effectively doubling its requirements. the new policy statements larg ly will require institution procedures that the institution will follow upon receipt of a report of any affect. it also includes the new requirement to report crime statistics for domestic violence, dating violence and stalking incidents and includes two new categories of hate crime reporting. information concerning victims rights and options must also be provided in writing to students and employees reporting crimes. a new edition and in my opinion the most important one, is the mandate for institutions to provide education efforts around prevention and awareness of sexual assault, domestic violence, dating violence, and stalking. these programs for current and new students and employees must address a significant amount of required content, the
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educational programs are now prescriptive which i elaborate on in my written testimony. title ix's influence can be seen throughout the amendment. specific examples of overlap between the laws may also be found in my written testimony. campuses honestly want to comply with a query out and many see it as a basement, not a feeling of campus safety efforts. many new programs have potential to enhance existing safety on campus. each of these proposals will require thoughtful implication of adoption, especially from a practitioner's perspective. we welcome the opportunity to be involved in any effort, to help
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consider the practical implications of the proposed new legislation, and any of the department of education's efforts to provide much-needed guidance and resources to institutions as they endeavor to comply with this law. i appreciate the opportunity to address the committee today and i welcome any questions you may have. sen. collins: thank you very much. ms. flounlacker: good morning. thank you for inviting me to testify today. i am the associate vice president for federal relations at the association of american university. i am also the project manager for the sexual assault climate survey. i've also been a college student and am now and mother. i care deeply professionally and personally about this issue and am proud to be a part of this effort to confront it. in my remarks, i will outline 6.4 you on this very important
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subject. number one, presidents and chancellors of universities have long identified sexual assault on their campuses as an extremely important issue that they need to face head-on. it is the issue that is keeping them awake at night. i have spent more time talking with our members about this issue than any other issue over the last 18 months. the diversity presidents make it very clear one sexual assault on their college campus is too many. one of the most important goals of our universities is to make their campuses safe for students to learn and succeed. number two, individual sexual assault cases can be complex. schools take very seriously their responsibility to educate students about a awareness and prevention, to encourage students to report sexual assault, to respond compassionately and seriously to
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the needs of survivors come and to ensure that all students -- survivors, and ensure all students have access to campus disciplinary processes. number three, in keeping with this mission as an association of research universities we decided to take a research-based approach to help our members understand the attitudes and experiences of their students with effective sexual fault. accordingly, au three did and implemented a sexual assault and misconduct climate survey and consultation with the leading outside social science research firm. their survey was developed in a multi disciplinary team across the country. nearly half of the membership has administered the survey this spring. au will publicly release these results in the fall and hopes it proves helpful to schools but also to policymakers and the
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legislative arena. the data will also be made to the research community, which we expect will be a significant resource to better understanding this issue. having spent the last 15 months on this project, i can say it is an extremely complicated process . moving forward, we want our experts to be a resource for congress as they work through this issue and the campus accountability and safety act in particular. we want to get this right because we strongly support the use of climate surveys on college campuses. number four, a legislative and regulatory landscape around campus sexual assault is incredibly messy because of the number of different federal laws and state laws regulations. overall, we believe schools need a framework of clear and consistent standards with flexibility when appropriate so that they have the necessary
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tools to better protect students and support survivors. number five, we strongly support the goal of the bill to better inform and protect students, including four elements of promoting the use -- core elements of promoting the climate survey. we support and appreciate many of the changes incorporated into the current version. there are still some areas where we have remaining concerns. primarily, because of unanticipated effects on students as outlined in my written testimony. for example we strongly support giving survivors of sexual assault access to a trained, confidential advisor whose sole responsibility is to counsel the survivor. this is in the best interest of the survivor. any requirements the advisor acts could come from as confidentiality and increase the
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likelihood of the advisor being subpoenaed and legal proceedings. absent clarity is inevitable that new duties will be assigned to the individual by the department of education as they implement the law. we are concerned about potential conflict with the advisor's responsibility and schools current title ix reporting requirements. the sole responsibility of the advisor should be to counsel the survivor. lastly, sexual assault is a societal problem. as important as it is for colleges to confront it directly, it does not exist in isolation on college campuses. we believe there is a role for the entire education community to play in producing cultural changes that reduce the incidence of sexual assault. aau and the higher education community look forward to continuing to work with congress and the administration to make students safer. thank you again for the opportunity to testify. sen. collins: thank you very
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much for your testimony. we have just been notified that votes have started. we will have two votes and we will have a recess while we do vote but we will be able to continue for now and get through some questions before people have to leave to vote. we will limit senators to five minutes on this round. i do also want to announce that senator alexander will be returning and after the votes he will take over as chairman. it has been a great experience and i would have liked to continued but i will turn over the gavel reluctantly to the legitimate chairman of the committee. ms. flounlacker:, i want to pick up on a point you commented on about the confidential advisers.
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i am a strong supporter of the confidential advisers. i have been surprised when i spoke to the university of maine and others that it turns out this is not as straightforward i as i thought it would be. on the one hand, confidentiality really focuses on the victim and that is what we should do and it may encourage students to report violations and seek the help they need. on the other hand, the requirements of title ix and the cleary act require various forms of reporting when crimes occur on cap this and -- on campus and indeed, the department of educations 2014 guidance says that "there are situations in which a school must override a
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students request for confidentiality in order to meet its own mine obligations." -- it's title ix obligations." it seems to me we're putting the school between a rock and a hard place unless we get some clarity. how can colleges and universities provide the confidential services and advising that many of us think are vital to students while balancing and meeting the requirements of both federal and in some cases state law and the desire to respond effectively? ms. flounlacker: i think you identified a very important issue. we want to get the confidential advisor right. it is an essential service offered to students. as i mentioned in my opening comments, we have concern that
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as currently drafted, the advisor would be tasked with responsibilities that go outside of what we think should be the responsibility of counseling a student and as you mentioned, in addition to our issues with fact-finding potential conflict with title ix is a real concern and one that will will have to address in the legislature to get this right. part of the issue in the legislation -- and if i'm getting too technical, please stop me -- part of the issue is in the legislation, the advisor can make accommodations, changes in a dorm room or classroom and it says explicitly it shall not trigger an investigation or the school and clearly, schools are committed to providing accommodations and maintaining confidentiality. the problem is, many schools typically believe that if they're making accommodations for a student, it is sufficient
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to warrant an investigation by an institution. moreover, institutions are required under title ix to track and report accommodations provided in response to sexual assault. there is a clear conflict here. i think there are some solutions and we very much love to be a part of that conversation. for example, it would be better for the advisor to let the survivor nowhere to go, who to talk to about making accommodations rather than that advisor actually carrying through the process themselves. i think there are solutions here and we just have to keep focusing on the core responsibility of the advisor, which is to counsel and make sure the guidance is very clear so schools know what they are doing and survivors understand what the advisor can do to help them. sen. collins: thank you. i will ask the rest of you to respond for the records to that
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issue because i think there's a clear conflict it when the rules and the regulations. but i want to get quickly to a second topic in my remaining time. ms. bolger we have climate surveys that are military academies do and they have a very high response rate because the students know that they are expected to fill out those climate surveys. that is not necessarily the case for private colleges and public universities. what suggestions would you have to encourage students to participate in the climate survey so there are meaningful? ms. bolger: thank you for that question. i think that in thinking through climate surveys, we have to remember that this is just one piece of a larger effort to change the culture i run sexual
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violence on campus. that means doing education work and outreach and training to students thaat helps them understand how important it is. i think we have seen a lot of change on campuses over the last couple years as student peers who are survivors are coming forward and telling their stories. i suppose i am more optimistic that students will want to be part of the process to complete these surveys. i do think that we should certainly build on existing structures on campuses. we have fraternities, sports teams, sororities. these are groups of people who already come together around shared values and if we can create by and among people in those communities, we will see much higher response rates to the survey. sen. collins: thank you. senator murray. sen. murray: i admire you and
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your courage and the work you have done to empower other students and survivors and creating the organization is just really valuable. thank you for that. given the fact that sexual assault is such an underreported crime, what do you think is the most important step for universities to create to get a survivor focused approached? ms. bolger: thank you. first off, survivors need to know what they can expect to receive out of the reporting process and schools need to ensure that the existence of accommodations and how to access them is clear, well publicized, and well understood on campus and need to follow-up and actually issue those accommodations and protections to students who request them.
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i know a number of survivors on my campus simply did not report because they did not understand that the school could be useful in helping them change a dorm they shared with the perpetrator or switch out of a class they shared with their abuser. the second point i would make is transparency. we have spoken a little bit about climate surveys and i think it is incredibly important that schools release aggregate data about the results of disciplinary hearings on how quickly they are proceeding. this should not be identifying information. i think that'll help survivors still confidence in the system and trust that the schools are there for them and want to help them. sen. murray: sexual violence is a significant problem in our country. according to the cdc, one in five women is sexually assaulted in college and by someone known to the victim. it is a former partner, a
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friend, acquaintance. i know you see students and faculty who are taking the issue of addressing this head on. they have a task force to improve the community and make campuses safer. how has -- have you focused her efforts -- your efforts in response to sexual assault and violence and working toward a culture of prevention? >> the first a student starts, they will be given specific training. they will also be made aware of what resources are available to them if something were to occur. where to go, who are the independent advocates, what they can do. we see the independent advocates
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as acting as gatekeepers not reporters. in terms of do you go to the campus police, should you go to your department chair? and to be there to do appropriate follow-up. it begins with creating that culture from the day they begin on campus and consistency and persistency throughout the college experience. sen. murray: in fall 2014, california became the first state to enact a yes means yes law in defining sexual consent. can you speak about how this affirmative consent laws empowering students and faculty? ms. napolitano: we actually changed our policy before the law changed. we have had a years worth of experience with it.
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it really, in a way, shifts the burden so that the survivor is not the one always trying to explain what happened. it means that consent has to be knowing and intentional. if it is not come it is not valid anymore. that is incorporated -- if it is not, it is not valid anymore. that is incorporated in a look the training materials. sen. murray: can you share with us how a concept like this might help with sexual assault? ms. bolger: it is a strong policy that reflects students values already on how they want to engage in relationships with people in debt community. i think that affirmative consent will only be successful if there's education for students about what expectations are, how to obtain consent. students enter college with a wide array of understanding of
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what consent is and i think that orientation programming and continuing ongoing training for students as well as for the people who will be hearing these cases and investigating these cases is necessary to make sure that this becomes common and expected on campus. sen. cassidy: senator gillibrand circled some statistics suggesting that 41% of campuses -- and i cannot verify this -- what you want percent of colleges and universities have not conducted a single investigation of sexual violence on their campus in the last five years. wow./ that seems like there is a problem with the university is communicating to their students that this is reportable. and i cannot append tot independently verify that but i have a daughter on a campus.
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that seems like a problem with the university. is that a fair statement? ms. flounlacker: i am not in a court in that arena. i would say the schools are taking this very seriously to explain the process, how students can report, and explain what happens in a disciplina ry -- sen. cassidy: 41% have not investigated a single incident that tells me they are not taking it seriously. because that which is measured is addressed. it tells me they are not measuring it or if they are, they choose not to address. you cannot speak for all 41% but it still seems like we met the enemy and he is us. ms. napolitano: clearly, is the system perfect?
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no. are mistakes made? yes. every system can be improved. i'm not justifying the statistic. there may be truth to it, there may not be. i know there are a lot of of reasons why cases don't go forward. sometimes, the context is really important. there are cases where survivors. necessarily want to go forward they're not enough facts for the case to go forward. but i cannot speak to those specific statistics. speaking from the association presidents recognize most importantly the need for better data, which is where our climate surveys come in. it is important we understand how students -- sen cassidy: can i stop you because i am out of time. you have so many titles but you
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mentioned this should be between the systems. could you elaborate on that difference in approach? ms. napolitano: how big systems like mine -- we have our own police departments. they are sworn officers. small colleges may not have any sworn officers on their staff. should we be required to have separate mou's or do we start with our own departments? these are the kinds of things that are different. sen. cassidy: there has been high profile stuff recently about the accused who felt they were wrongly accused and did not receive due process/ i cann. i cannot attest to that. do you have thoughts or to others, how do we for those who might be accused wrongly.


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