Sexual assault on the nation's college and university campuses is occurring at an alarming rate. The majority of these assaults are date or acquaintance rapes perpetrated by men against women. If someone has been assaulted on a college or university campus, there are several options s/he should consider. The first is that s/he still has the same freedom to report the assault to a local law enforcement agency as do victims assaulted outside the university setting. Some victims are mistakenly under the impression that they can only report to campus police or university officials.
Another option is that victims can report to the campus police or officials in addition to or in lieu of reporting to local police if they wish to do so. It should be noted that victims in the past have experienced a demand for privacy by some universities and colleges who want to keep reports of sexual assaults quiet. Many colleges and universities are afraid a higher crime rate will discourage potential students and decrease financial contributions from alumni. Others do not want to report the assault to the public if the accused is a well-known figure on campus, such as a football player.
Many of these attitudes are changing, however, with the enactment of recent national legislation. The federal Crime Awareness and Campus Security Act of 1990 and its amendment in 1993 have opened up many campus crime statistics that were previously undisclosed. The act requires colleges and universities to publish and disseminate an annual security report containing security policies, reporting procedures and campus crime statistics. With regard to sexual assault, the act mandates that the institutions publish and disseminate a statement of current campus policies for reporting criminal actions, along with policies concerning the institution's response to such reports.
The annual security report required of colleges and universities should also include a statement of current policies concerning security and access to campus facilities, including campus residences. Statistics concerning the occurrence on campus, during the most recent school year, and during the two proceeding school years for which data are available, should also be published for the following criminal offenses reported to campus officials or police: murder; sex offenses, forcible and non-forcible; robbery; aggravated assault; burglary and motor vehicle theft. It is interesting to note "sex offenses, forcible and non-forcible" was previously classified as "rape," and changed by the 1993 amendment, apparently to clear up any misunderstanding as to which sexual assaults the act covered.
The act does not require a specific policy or procedure to be used by colleges and universities. It is up to individual institutions to draft policies and procedures that comply with the act.
The Wisconsin legislature took a similar approach to Congress' in their efforts to regulate the reporting and handling of crime on the state's campuses. Statutes have been enacted regarding the state's two largest systems of higher education - the University of Wisconsin System (UW System) and the Vocational, Technical and Adult Education (VTAE) school system. The statutes, Secs. 36.11 and 38.12, Wis. Stats., are nearly identical, and require that college institutions do the following:
(1) Incorporate in their orientation programs for newly entering students
oral and written information on sexual assault, including information on
date and acquaintance rape;
(2) Provide students with the legal definitions and penalties for sexual
assault, along with national, state and campus statistics on sexual assault;
(3) Provide students with the rights of victims of sexual assault and the
services available to them at the institution and in the community;
(4) Disseminate information on protective behaviors, including methods
of recognizing and avoiding sexual assault.
The statute pertaining to the University of Wisconsin System, Sec. 36.11, Wis. Stats., also requires that any person employed at an institution who witnesses a sexual assault on campus or receives a report of an assault from a student enrolled in the institution must report the assault to the dean of students or to the dean of the center. The dean of students is usually the office on campus that handles sexual assault reports and compiles annual crime statistics.
It is important to note that Wisconsin statutes do not require any specific policies or procedures for universities and colleges to adopt with regard to campus sexual assault. Instead, the institutions must have policies and practices in accordance with the federal and state laws and produce the annual report demonstrating such compliance.
Victims may also be interested in what disciplinary actions may be taken against their perpetrator if he is a student. It is important to check into the colleges' specific disciplinary code and procedures for students who commit sexual assault.
- The University of Wisconsin System Non-Academic Disciplinary Guidelines, or UWS-17, outline the conditions under which disciplinary action can be taken against a student. According to UWS 17.06, a student may be disciplined for intentional conduct which constitutes a serious danger to the personal safety of other members of the university community or guests. Although it is not expressly stated in the guideline, authors of the provision say it is intended to cover a broad range of intentional conduct threatening personal safety, including the four degrees of criminal sexual assault.
Possible Disciplinary Penalties
University disciplinary penalties may include any of the following, depending
on the severity of the offense:
- A written reprimand;
- Disciplinary probation for up to two semesters. Probation may also include requirements such as community service, restitution, or counseling;
- Suspension for up to two years;
- Expulsion from the university.
Steps in the Disciplinary Process
Once a report alleging student misconduct is received by the institution,
an investigating officer is assigned to the case. The investigating officer
is usually from the dean of students office. If it appears that misconduct
has occurred, she or he will proceed in one of two ways, depending on the
maximum penalty possible in the case.
The first step in the investigation is usually an informal meeting between the student accused of misconduct and the investigating officer. If the investigating officer determines that suspension or expulsion is the proper disciplinary response, the student receives a formal statement of charges requesting his suspension or expulsion from the university. The student will then have 10 days to respond to the charges and to request a student conduct hearing tribunal which would hear the case and decide what, if any, disciplinary action should be taken against the student. If the student does not request a hearing, the sanction(s) will be issued by the investigating officer. The hearing tribunal, if requested, issues a written decision to students.
If the maximum penalty sought by the investigator does not include suspension or expulsion, an informal system of adjudication can be followed. While the informal system is created by each institution, it must include a written notice to the student of the charges against him, an opportunity for a hearing on the case and a written notice to the student of the outcome of the hearing. Students can appeal the disciplinary decisions in both the formal and informal adjudication systems.
Victim Input
In most cases, victims will be called on to provide information at the student
conduct tribunal hearing. She will be asked to give a detailed description
of the incident, along with any other relevant information. Advocates
should be able to accompany the victim at her request - check with the university
to find out the specific practices and procedures used. Victims may also
be given the opportunity to submit a written victim impact statement prior
to the disciplinary decision - again, check with your local schools to see
if this option is available to victims in your area.
Modified Excerpt from: Wisconsin Coalition Against Sexual Assault's
Sexual Assault Legal Advocate Manual
