A bill has just been introduced in the California legislature that would establish statewide standards for colleges and universities in dealing with complaints of sexual assault.
Providing Justice through Uniformity of Response Policies and Protocols
Highlighting the need for a culture change, Senator Kevin de Leόn and Legislative Women’s Caucus Chair and Vice Chair, Assemblywoman Bonnie Lowenthal and Senator Hannah-Beth Jackson announced Senate Bill 967 which will require California colleges and universities to address campus sexual violence by requiring them to adopt consistent victim-centered sexual assault response policies and protocols that follow best practices and professional standards.
SB 967 LEGISLATIVE PROPOSAL:
· Require California colleges and universities, as part of their policy regarding campus sexual violence, domestic violence, dating violence, and stalking, to include all of the following:
o An affirmative consent standard in the determination of whether consent was given by a complainant.
o Prohibition on an accused perpetrator using self-intoxication or recklessness as a defense. It would also not be a defense if the accused failed to take reasonable steps to ascertain consent.
o An explicit provision that an individual is unable to give consent for sexual activity if the individual is asleep or unconscious; incapacitated due to drugs and/or alcohol; or unable to communicate due to a mental and/or physical condition.
o A preponderance of the evidence standard in the determination of disciplinary action.
· Require colleges and universities to adopt detailed and victim-centered sexual assault response policies and protocols that protect the confidentiality of victims and follow best practices and professional standards.
· Require colleges and universities to enter into memorandums of understanding, agreements, or similar partnerships with existing on campus and community-based organizations including rape crisis centers, to assist victims with accessing counseling, health, mental health, victim advocacy, legal, and other support services.
· Require colleges and universities to implement comprehensive prevention programs addressing sexual assault, dating violence, domestic violence, and stalking. The programs should include an array of prevention strategies including women’s empowerment, campaigns to raise awareness, primary prevention, bystander intervention, and risk reduction.
SB 967 is joint-authored by Senator Hannah Beth Jackson; Principal co-authored by Assemblymber Bonnie Lowenthal; and co-authored by Senators Jim Beall, Noreen Evans, Cathleen Galgiani, Fran Pavley, Norma Torres, and Assemblymembers Lorena Gonzalez and Das Williams.
This is a forthright step toward establishing clear standards of how colleges deal with the issue of rape and sexual assault. This applies to college administrative disciplinary proceedings. These are not criminal trails and are separate and distinct from criminal investigations and prosecutions. They are not legally required to follow the same standards of procedure and rules of evidence that apply to criminal trials. The proposed standard of a preponderance of evidence is the same as used in civil trials and is stipulated for colleges in title IX proceedings.
Whether or not this bill becomes law in its present form, it's introduction in the nation's largest state indicates that there is mounting political pressure to do something about changing the rape culture that causes a majority of victims to despair of even filing a complaint.