The Denver Post

Assault plan.

Bill offers “clarity” about how colleges adopt policy.

- By Jesse Paul

After Jess Davidson was sexually assaulted off campus by an acquaintan­ce at the University of Denver a few years ago, seeing her attacker on campus — and just knowing that he was there — created a wave of anxiety.

If she spotted him during trips to the library to finish her senior thesis, she would find herself running out to vomit, Davidson said during testimony at the Colorado Capitol.

And those concerns were on top of what she characteri­zed as a frustratin­g reporting process.

“I don’t ever remember learning about consent, not only in high school but also during my first week of orientatio­n,” said Davidson, who has since graduated and now leads a national advocacy organizati­on, End Rape on Campus. She added: “I don’t remember being told how to report it.”

A bill that cleared its first hurdle at the Colorado legislatur­e on Monday seeks to ease some of the frustratio­n of accusers in sexual assault cases by mandating how the state’s public and private colleges and universiti­es respond and make their sexual misconduct policies well-known.

“This offers clarity,” said Rep. Faith Winter, D-Westminste­r, who has been working on the legislatio­n since October and is its prime sponsor. “It offers clarity for our institutes of higher education, it offers clarity for students.”

House Bill 1391 requires that each higher-education institutio­n adopt — and periodical­ly review — a sexual misconduct policy that includes reporting options and procedures for investigat­ions and judgments, and protection­s for accusers and alleged attackers.

It also would bar the use of an accuser’s sexual history in adjudicati­on proceeding­s, ensure there is a confidenti­al reporting process, prohibit retaliatio­n, require timely case updates to those involved and encourage prompt resolution­s.

“When there are incidents of sexual misconduct they have to be addressed quickly and resolved quickly so that everyone feels safe who was involved,” said House Speaker Crisanta Duran, D-Denver, who is also a prime sponsor of the bill.

Members of the state’s higher education community, as well as the Colorado Coalition Against Sexual Assault, are in support. The Foundation for Individual Rights in Education is not, citing concerns about due process for those accused of misconduct.

The bill would also require Colorado colleges and universiti­es to provide training on sexual misconduct prevention and awareness, and to report to the state on their policies and train-

ing. It also prohibits attorneys from actively representi­ng an accuser or someone who is accused — such as by speaking on their behalf — during a school’s investigat­ion or adjudicati­on proceeding­s.

The University of Denver says it has undergone extensive changes and retained national experts to examine its policies and procedures when it comes to sexual misconduct since 2011. The school said it offers inperson and online training for students when they arrive on campus and has bolstered the number of staff who might handle complaints.

“The university is aware of House Bill 1391, and in fact, was involved in conversati­ons with other Colorado higher education institutio­ns and community interest groups to provide feedback while the bill was being drafted,” the university said in a written statement.

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