With almost one-in-five women and roughly 6 percent of men expected to experience sexual violence while attending an American college or university, U.S. Rep. Brian Fitzpatrick (R-PA) says Congress must act to keep the nation’s youth safe.
“Our institutions of higher education must be held accountable for lax policies against sexual violence occurring on their campuses. Young women and men attending college deserve the opportunity to grow, learn, and thrive in a safe environment, free from fear,” Rep. Fitzpatrick said.
U.S. Reps. Jackie Speier (D-CA), Ted Poe (R-TX), and Annie Kuster (D-NH) joined Rep. Fitzpatrick on July 23 to introduce the bipartisan Hold Accountable and Lend Transparency (HALT) Campus Sexual Violence Act, H.R. 6464.
“The HALT Act ensures that universities take every possible step to eradicate sexual violence on college campuses,” said Rep. Fitzpatrick.
Rep. Speier, the main sponsor of H.R. 6464, said Americans expect the nation’s institutions of higher learning to keep their children safe. “But that’s not the reality,” she said.
“To make matters worse, survivors are constantly told that they are responsible for their assault – from being penalized for so-called ‘code of ethics’ violations, like drinking at parties or going into other students’ dorm rooms, to being blamed for not fighting back,” said the congresswoman, noting that such “victim-blaming and -shaming is unacceptable.”
Rather than re-victimizing survivors of sexual violence, Rep. Speier said H.R. 6464 supports colleges and universities in holding offenders accountable.
If enacted, H.R. 6464 would permit the U.S. Department of Education to issue financial penalties for noncompliance with civil rights requirements under Title IX, the nation’s law prohibiting discrimination on the basis of sex in any education program or activity that is federally funded.
At the same time, penalties for violating the Clery Act would be increased from $35,000 to $100,000, according to a summary of H.R. 6464 provided by Rep. Fitzpatrick’s office. The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act is a federal statute requiring colleges and universities participating in federal financial aid programs to maintain and disclose campus crime statistics and security information.
Additionally under the proposal, disclosure of a public list of colleges and universities under investigation for violations of both Title IX and the Clery Act would be required, as would any sanctions or program reviews and resolution agreements made between a university, the Department of Education and the U.S. Department of Justice, according to the summary.
Among numerous other provisions, H.R. 6464 also would establish a private right of action for students who were harmed by institutions that didn’t meet campus safety requirements; would require biennial climate surveys; would increase federal funds by $5 million for Title IX and Clery investigators; and would authorize the creation of an interagency task force to improve coordinated efforts between federal agencies and their investigations.
“The culture of campus assault must be fundamentally changed,” said Rep. Poe. “It’s time to shed light on this growing problem in America and hold universities accountable for the safety of our children.”
The National Institute of Justice has estimated that 63 percent of U.S. universities don’t adhere to their legal responsibilities when responding to on-campus sexual violence, according to a statement from Rep. Fitzpatrick’s staff.
“We continue to hear extremely alarming stories about the pervasiveness of sexual violence on campuses across the country, so it is critical that Congress take steps to address and end this outrageous epidemic,” said Rep. Kuster, a co-chairman of the Bipartisan Task Force to End Sexual Violence.
Thus far, H.R. 6464 has garnered the support of the National Women’s Law Center, National Alliance to End Sexual Violence, Know Your IX, End Rape on Campus, Girls Inc., the Feminist Majority Foundation, the California Coalition Against Sexual Assault, and the California Partnership to End Domestic Violence.
The bill has been referred to the U.S. House Judiciary Committee for consideration, as well as the House Education and the Workforce Committee.