Campus assault guidance elicits praise and worry
White House input on college protocols is hailed by victims’ advocates, but some fear for the accused.
WASHINGTON — The White House on Tuesday announced detailed guidance for colleges on how to deal with sexual assaults, winning praise from victims’ advocates and some higher education officials, but renewing concerns from others about protections for the rights of the accused.
Victims of sexual assault on campus and their advocates have become increasingly vocal in demanding tougher action, more protection and better reporting. The Obama administration called attention to the issue in a 2011 letter putting schools on notice that changes were necessary.
But college administrators and lawyers who advise them warn that the circumstances surrounding such allegations are often murky, involving alcohol, uncertain recollections and biased witnesses. Some school officials worry the pendulum could swing so far that students accused of assaults are denied a fair hearing.
The steps put forward by a White House task force include clarified rules governing confidentiality of accusers, surveys to gauge the extent of sexual assaults, guidance on model policies for handling allegations, plans to develop prevention efforts and a website with college data on such assaults.
Advocates for victims said the administration’s proposals, although they may appear modest, spell out steps that colleges must take to respond to allegations of sexual assault.
“What I really see is basically no more excuses,” said Fatima Goss Graves of the National Women’s Law Center in Washington. “The tools are there and the administration is trying to make it as easy as possible for schools to do right by their students.”
Graves said the recommendations did not infringe the rights of the accused. “No one wants to trample over any rights,” she said. “But up to this point there has been a laser-like focus on the rights of the accused and very little attention to the rights of survivors. We are
‘No one wants to trample over any rights. But up to this point there has been a laserlike focus on the rights of the accused.’ — Fatima Goss Graves, National Women’s Law Center
pretty far from the pendulum actually swinging.”
Mark Hathaway, a Los Angeles attorney representing several students accused of sexual assault, said he remained concerned that those accused in campus cases are not given the rights to an attorney, to remain silent and to confront witnesses against them.
“Greater education about the problem is always useful and helpful to prevent sexual assault,” he said. “But at the same time, we cannot forget the rights constitutionally afforded each of us. You shouldn’t have to give up those rights just because you go to a college that receives federal funding.”
“Colleges and universities can no longer turn a blind eye or pretend rape or sexual assault doesn’t occur on their campuses,” Vice President Joe Biden, who chaired the task force, said Tuesday. “This is the measure of who we are as a society. ”
University of California President Janet Napolitano, until recently President Obama’s secretary of Homeland Security, applauded the White House focus on a “serious and urgent issue.” She said the system had already completed the campus survey called for in the report and had implemented key recommendations, including awareness campaigns and confidentiality protocols.
Sen. Claire McCaskill (DMo.), a leading advocate for assault victims, called the measures “a meaningful first step.” But she said that more needed to be done, particularly to make sure that rapes were reported.