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States respond with legislation to battle campus sexual assaults

WBFO News photo by Eileen Buckley

A new report issued says at least 28-states introduced bills this year in response to campus sexual assaults.  WBFO'S Focus on Education Reporter Eileen Buckley says the report was released by the Education Commission of States and NASPA: Student Affairs Administrators in Higher Education.  

New York State is one of three states that actually enacted new legislation.  This new report says that those states that promoted legislation fell into four categories: the role of local law enforcement, transcript notation, the role of legal counsel and affirmative consent.

New York's has one of the toughest new laws in place to fight campus sexual assaults. The law covers consent, law enforcement and transcripts. 

"The good news is -- we are talking about this," said Lt. Governor Kathy Hochul, in a WBFO News interview.  "My view is that one of the reasons we have so many cases coming forward is we are no longer sweeping this issue under the rug, so when you don't have any cases coming to the forefront I think that shows a culture where people are not bringing this out and addressing it head on."

The Enough Is Enough Law was adopted over the summer, designed to directly assist students.  

"The number of cases reported are going to go up, they've been going on. We need to get these are out there, first of all, because perpetrators need to have consequences, whether it's internal at the school or whether its there is criminal charges brought, that people are getting away with something that if they did over on Chippewa would be a crime and why would they be protected just because they are doing in it on a college campus," said Hochul

Recent crime numbers released by the Clerly Act Report indicate an increase at some campuses in the number of sex assault cases since 2013.  The new law provides campuses with 'Zero tolerance' in the state.  Students should learn that have the right to report an assault directly to a police agency.

Colleges and universities must pay attention to the protection of students to comply the law.

"I think what the legislation presents is a new dimension in the communications required between either a private or public institution and local law enforcement," said Ken Manning, Partner at Philips Lytle in Buffalo. "It formalizes the process between the law enforcement entities and private and public colleges, and I think that will represent an improvement for the young women and young men who are in a position where they need to file a complaint."

Buffalo State's campus has responded by enacting the 'I Love Consent' Campaign, a prevention effort against sexual violence

SUNY Buffalo State student Corrie Fletcher is a senior majoring in criminal justice.  He talked to WBFO about the issue.

"I feel like many people think it can't happen to them or people close to them and they don't realize it until it actually happens to someone close to them or themselves," responded Fletcher.

This latest report on proposed legislation said New York and Virginia adopted legislation that that would require colleges to place on a student's Transcripts if the student was a suspension or expelled for a sexual assault allegation.  The only state that has enacted legislation to allow legal counsel at a college disciplinary hearing is  North Carolina.
 

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