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Campus Crimes: Federal & State LegislationOne of the greatest problems encountered by professionals in the criminal justice field, and parents and students considering various institutions of higher education, is the lack of information about crime rates at colleges and universities. Under the privacy protection of academic records afforded by the Buckley Amendment to the Family Educational Rights and Privacy Act of 1974, schools have been able to suppress information about incidents of crime and victimization. Such suppression has helped protect the reputation of these institutions, but inhibited parents and students from making informed choices, thus creating a false sense of security. This problem was recently remedied by the enactment of the Student Right to Know Act of 1991, 20 U.S.C. § 1092(f), which mandates that schools receiving federal funding report crime rates to federal authorities. (The Chronicle of Higher Education publishes an annual survey of the crime statistics reported by colleges and universities with enrollments over 5,000 as required by this Act. The 1993 statistics can be found in Volume XLI, Number 21 of The Chronicle dated February 3, 1995.) Campus Sexual Assault Victims' Bill of Rights of 1992Another issue which has prompted serious legislative attention is the treatment of victims of sexual assault on college campuses. It is considered a "covered-up" crime because, in an effort to protect the reputation of the institution and minimize the effect of incidents of rape, campus officials have often encouraged victims not to pursue criminal recourse for their victimization (National Center for Victims of Crime, 1992). Many students have been persuaded to either go through the often much more lenient campus justice system, or drop the issue altogether. Additionally, institutions do not always have policies and rules requiring that services be made available to victims and that students who are victims of crime be notified of their rights. In an attempt to remedy the ill treatment of campus victims of sexual assault, Congress passed the Campus Sexual Assault Victims' Bill of Rights of 1992, 20 U.S.C. § 1092(f)(7). This law requires colleges to notify sexual assault victims of their rights, to provide services, and to have formal policies for dealing with sexual assault. The U.S. Department of Education is currently developing policies to implement both of the above-named new laws. Following the passage of federal campus crime-related laws, a number of states have passed similar legislation to expand upon or complement the federal statutes. Not only are such states as California, Connecticut, Delaware, Louisiana, Massachusetts, New York and Tennessee making public all statistics concerning crimes occurring within a school's geographical limits or on property controlled by the school, they also advocate the publication of security procedures and policies which are in effect at those colleges and universities. Other states, including California, Maryland, Minnesota, New York and Wisconsin, have focused greater attention on sexual assault awareness and prevention. Some of those states which have established protocol for handling sexual assault cases have also dealt with the confidentiality issues surrounding sexual offenses, providing a victim access to the outcome of any disciplinary action taken against the offender as a result of the crime being reported. Oklahoma and South Carolina have also addressed screening, certification and training of campus security personnel. Effective January 1, 1994, Tennessee passed an innovative statute which requires colleges and universities to track off-campus crimes against students in their indices of campus crime rates. This law, and others like it, take the Student Right to Know Act of 1991 a step further, since that Act does not mandate the inclusion of off-campus crimes against students. In addition, Tennessee's law mandates the publication of campus police logs on a daily basis. Similar legislation, often referred to as "open police log laws," can also be found in California, Massachusetts and West Virginia. These laws assist victims in tracking their cases, and help make students (and potential students) more aware of the degree and extent of crime occurring on their campuses. California has also extended its reporting requirements to include hate violence crimes, while Minnesota's sexual harassment and violence policy requires state schools to adopt rules and procedures regarding sexual harassment and violence. (All statutes discussed in this summary are current as of 1992, unless otherwise indicated. Source: National Victim Center, Legislative Database.) The Chronicle of Higher Education, Vol. XLI, No. 21. (February 3, 1995). National Center for Victims of Crime. (1992). Legal Remedies for Crime Victims Against Perpetrators: Basic Principles. Betancourt, Donna L. (1993). Before College Book for Women: Protecting Yourself from Campus Crime. Connecticut. Bohmer, Carol and Andrea Parrot. (1993). Sexual Assault on Campus: The Problem and the Solution. New York: Lexington Books. National Center for Victims of Crime (1997) "Acquaintance Rape," Get Help Series, Arlington, VA. National Center for Victims of Crime (1997) "Campus Crime: Colleges and Universities," Get Help Series, Arlington, VA. National Center for Victims of Crime (1993) "If You Are a Victim of Campus Violence," Get Help Series, Arlington, VA. For additional information, please contact: The police or campus security department of your local higher education institution or Campus Violence Prevention Center Committee to Halt Useless College Killings (CHUCK) The Prejudice Institute Security on Campus U.S. Department of Education Your state Attorney General or county/city prosecutor: All rights reserved. Copyright © 1995 by the National Center for Victims of Crime. This information may be freely distributed, provided that it is distributed free of charge, in its entirety and includes this copyright notice.
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