Los Angeles Times

Campus assault guidance elicits praise and worry

White House input on college protocols is hailed by victims’ advocates, but some fear for the accused.

- By Timothy M. Phelps tim.phelps@latimes.com Times staff writers Teresa Watanabe in Los Angeles and Kathleen Hennessey and Lalita Clozel of the Washington bureau contribute­d to this report.

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.

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