ATIXA States Position on Provisions of 5 Campus Safety Bills

The ATIXA is clarifying its position on the provisions of the various campus safety bills before Congress.

The Association of Title IX Administrators, or ATIXA, released a statement explaining why it supports or opposes each provision in the five major campus safety bills currently before Congress.

The statement, released Nov. 10, addresses provisions in the SOS Campus Act, the CASA bill, the HALT bill, the Fair Campus Act and the Safe Campus Act.

Below is a list of some key provisions that the ATIXA is in favor of:

  • Each employee of an institution who receives a report of sexual assault shall notify the victim of the existence of, contact information for, and services provided by the advocate
  • Requires that universities either consult with or partner with local rape crisis centers and other community-based organizations to ensure that victims receive needed services
  • Provides that any requests for accommodations, made by a Confidential Advisor (an individual who has protection under State law to provide privileged communication) shall not trigger an investigation by the institution
  • The Department of Education will be required to publish the names of all schools with pending investigations, final resolutions, and voluntary resolution agreements related to Title IX with respect to sexual violence
  • Creates an interagency Campus Sexual Violence Task Force to solicit input from victims, advocates from national, state, and local anti-sexual violence advocacy organizations, institutions of higher education, and other public stakeholders and to develop recommendations for best practices for educational institutions, and which reports to Congress on an annual basis

Below is a list of key provisions that ATIXA opposes:

  • Schools must provide written notification to the accused and the victim of any decision to move forward with a campus disciplinary proceeding within 24 hours of that decision. The notice must include details of the complaint, a summary of the disciplinary proceeding, and the rights and due process protections available to both parties
  • If the student declines to allow the school to notify law enforcement, campus officials may not launch an internal investigation, provided that the notification given by the student includes a statement that they understand this. Exception for campus law enforcement investigation
  • The institution may issue interim measures (including temporary suspensions, no contact orders, adjustments of class schedules, or changes in housing assignments) and carry out investigations and adjudications with respect to the imposition of such sanctions, but only if the institution determines that the imposition of such a sanction is a reasonable measure to promote campus safety and student well-being (not tied to a law enforcement investigation)

The ATIXA said it is taking a position on individual provisions rather than the bills themselves because it expects the bills to be “consolidated together into an omnibus campus safety bill,” although it did say more generally that it’s “strongly opposed to many of the provisions in the Fair Campus and Safe Campus Acts.”

Read the full statement here.

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