Legislative Guidelines
(by Gilia Smith, from "Higher Education Sexual Assault Policy",
Women, Violence and the Law, Harvard Extension School 2002)
The Student Right to Know and Campus Security Act of 1990 requires
that institutions publish and distribute an annual security report
containing campus security policies and crime statistics ("Jeanne
Clery Act"). In 1992, this act was renamed after Jeanne Clery,
who was raped and murdered in her residence hall at Lehigh University
("Complying with the Jeanne Clery Act"). This legislation
mandates that each institution issue a statement regarding its sexual
assault prevention programs and the procedures to be followed once
a sex offense has occurred. Minimal compliance requires that the
following information also be provided: the importance of preserving
evidence, options for the notification of law enforcement, the existence
of counseling, mental health and student services, possible sanctions
to be imposed following a disciplinary procedure and options for
altering academic and living situations. Institutions must make
this information available to all students, employees and to any
applicant for employment or admission upon request ("Jeanne
Clery Text"). Information regarding institutional police department's
response mechanisms to incidents of sexual assault are explicit
and, for the most part, easily accessible via the Internet. The
degree to which institutions comply with the spirit of the law,
however, varies widely. In the sampling of ten higher educational
institutions used for this paper, for example, web-accessible information
regarding campus sexual assault policies ranges from two to 18 pages
in length. The intricacies of disciplinary procedures, in particular,
tend to be shrouded in bureaucracy and difficult to access.
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