In an effort to assure increased protection against sexual assaults on state campuses, state Rep. Laura Baird has proposed a package of bills to encourage colleges and universities to crack down on such crimes.
The bill, titled the Campus Sexual Assault Information Act, instructs university counseling centers to follow specific guidelines when dealing with sex crimes. If the universities do not comply with the act, they would be excluded from programs such as the Tuition Grant Program, the State Competitive Scholarship Program and the Tuition Differential Grant Program.
"The problem seems to arise when the university attempts to protect athletes," said Baird (D-Okemos).
The act requires public and private universities to establish a sexual assault policy in order to inform victims of possible university and legal sanctions that could be placed against the offender.
The policy would also inform the victim of available sexual assault education programs and medical services.
Sarah Heuser, interim director of the Sexual Assault Prevention and Awareness Center, said the bill would not have a great impact on the University.
"We already do most of those things outlined in the bill because there is a federal law that applies to all state universities and sets guidelines," Heuser said.
The Headlee Amendment to the Michigan constitution prohibits the state legislature from interfering with the governance of universities. Baird's bill does not make it illegal for colleges to disregard the act. If they do, they lose funding for programs.
"It avoids the problem of the Headlee Amendment," Baird said. "It affects the funding sources."
The bill's main purpose, Baird said, is to allow sexual assault victims to press charges within both the university and the court system. Some universities, Baird said, protect athletes and other "superstar" students accused of rape by penalizing them only through the university and not through the state legal system.
"Many victims are encouraged to follow a campus procedure that only involves campus penalties," said state Rep. Jim McBryde (R-Mt. Pleasant), a co-sponsor of the bill. "Victims feel the perpetrator of the assault simply got a slap on the wrists."
"I've received a great deal of contact from sexual assault advocacy groups," Baird said. "But we've never had complaints from the U of M."
Heuser said sexual assault victims who come to SAPAC are notified of all their rights.
"We inform them of all of their options," Heuser said. "SAPAC advocates with survivors who choose to access those options."
In addition to informing victims of their rights, SAPAC provides a handbook that outlines all options for victims.
Although state universities already have sexual assault policies outlined in federal laws, Heuser said the new state law would send a message.
"Because the federal law already requires it, this would be a visible sign of Michigan's support," Heuser said.
One section of the bill requires universities to notify the victim of the results of a university hearing on the alleged perpetrator.
Mary Lou Antieau, who oversees cases under the Code of Student Conduct, said that when students are tried under the Code, both the alleged victim and perpetrator are informed.
"Both parties have the option to appeal, so they need to know the outcomes," Antieau said.
In wake of the recent murder of LSA senior Tamara Williams, which was preceded by domestic abuse by her boyfriend, Heuser said the legislature also should focus on other forms of abuse.
"It would be great if they could work on the issues of dating and domestic violence, stalking and sexual harassment," Heuser said.
The bill passed the house in May and is currently awaiting a hearing in the Senate's Judiciary committee.
McBryde previously proposed similar legislation, which passed overwhelmingly in the House and failed in the Senate.
"This is truly a bipartisan issue," McBryde said. "But these bills fly through the house floor and die in the Senate."
Sen. William Vanregenmorter (R-Hudsonville), chair of the Judiciary Committee, said he hopes to hold a hearing on the bill, but there are many other important issues in the committee, including assisted suicide.
"We're dealing with many heavy duty issues in the committee," he said.
| The Campus Sexual Assault Information Act |
|---|
| In order to participate in many financial aid programs, colleges and universities must develop a policy that: |
| -- Informs rape victims of the university's sexual assault programs |
| -- Informs victims of sexual assault education programs |
| -- Informs victims of procedures for filing a complaint within the university and in the courts |
| -- Informs victim of legal rights |
| -- Informs both parties of the result of an interdisciplinary hearing |
| -- Establishes a written sexual assault information policy |
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