Farley-Bouvier Files Bills To Combat Sexual Assault On Campus
 Tricia Farley-Bouvier has filed two pieces of legislation aimed at on-campus sexual assault. |
The Pittsfield Democrat has sponsored two major bills aimed to ensure safety on private and public college campuses across the state.
One will treat sexual assault allegations under Title IX provisions and the other would create a "bill of rights" for victims.
"We do believe the federal level is the best place for these kind of reforms. However, this is going to be a companion bill with what is happening on the federal level to ensure that Title 9 provisions are being upheld," Farley-Bouvier said.
The federal provision enacted in 1972 says no person shall be denied, excluded from participating in, or discriminated against in education because of sex.
"If someone does not feel safe in their dorm or in their classes, then they do not have equal access to higher education. By looking at it through this prism, we now have a lot more tools to utilize," Farley-Bouvier said.
One major tool is that Title IX provisions require a "preponderance of evidence" to say a person was assaulted and therefore denied access, whereas sexual assault in the current criminal charges require guilt beyond a reasonable doubt.
"When it comes to sexual assault, it is really complicated. And it is hard to get to prove beyond a reasonable doubt. But, many times you can get to the preponderance of evidence," Farley-Bouvier said.
That move not only gives law enforcement more authority to go after assailants but also puts more responsibility on the colleges. The lower threshold gives them the rights to make accommodations such as changing dorm rooms or ensuring the victim and the alleged assailant are in separate classes.
"The universities have the be held accountable. They are not responsible for their students' behavior but they are responsible to create an environment where the students feel safe," she said.
The bill also calls for the secretary of higher education to find ways to make training sessions more accessible to college staff; such training has not been readily offered in Massachusetts.
The training in the responsibilities will also include a memorandum of agreement with local authorities. The bill also requires "confidential employees" with whom a victim can talk without triggering a full investigation and response.
"We are asking a lot of the universities and we need to give them support," Farley-Bouvier said of the trainings. "Let's give this task for the secretary of higher education to help bringing training to Massachusetts."
Another provision would be that a victim would be given immunity from punishment if he or she reports the crime.
"Alcohol is a very big part of the equation when it comes to sexual assault. But, someone is not at fault for sexual assault because they were drinking," Farley-Bouvier said.
The legislator said she has heard stories of victims being "roofied" (drugged) and assaulted but then told they shouldn't have been drinking when they report the incident to college officials.
There is a consumer rights aspect to the bill as well, she said, because it would require one or two selected vendors to perform surveys regarding the topic. This will create a uniform set of data to help consumers judge issues such as unreported crimes and attitudes. Currently, each school performs its own and the vendors vary.
"We want this information to come back to us in a consistent way," Farley-Bouvier said. "Consumers should know. Families are consumers of colleges and they should know how the school ranks when it comes to sexual assault."
A "sister bill" Farley-Bouvier filed ensures victims a "bill of rights."
"This has to do with taking the best practices from around the country to assure that victims of sexual assault have their basic rights protected," she said.
For example, there is debate over a backlog of state labs analyzing rape kits. The bill would ensure that the victim has access to finding out the status of that analysis. Another example would be that the victim can't be charged for an analysis to be performed.
Victims will also have the right to emergency contraception and, once all of the evidence is collected, they can't be denied by police the right to take a shower.
Tags: college, Farley-Bouvier, legislation, sexual assault,
