SAVE has developed a model bill designed to bring fairness to the campus sexual assault issue. Titled the Campus Equality, Fairness, and Transparency Act (CEFTA), the bill supports the rights and interests of both the complainant and accused student, and encourages the involvement of local criminal justice authorities. CEFTA was first released in June 2016 and revised in February 2017. CEFTA can be introduced at both the federal and state levels.
The Campus Equality, Fairness, and Transparency Act consists of 10 sections:
- Sec. 101: Provides clear definitions for a range of sexual offenses and codifies the Supreme Court’s Davis v. Monroe standard to define student sexual harassment, and states that allegations of sexual violence preferentially should be referred to the appropriate law enforcement agency.
- Sec. 102: Requires universities to implement policies to reduce the incidence of sexual conduct violations associated with alcohol and drug abuse, as originally delineated in the Drug Free Schools and Communities Act Amendments of 1989.
- Sec. 103: Calls on universities to provide a range of educational, training, and support services for students, employees, and identified sexual assault victims.
- Sec. 104: Mandates the provision of confidential advisors for both the complainant and accused student.
- Sec. 105: Requires universities to use justice-centered investigative procedures, including the collection of evidence in an impartial and fair manner.
- Sec. 106: Delineates a series of due process protections for the accused student and affirms the presumption of innocence.
- Sec. 107: Calls on universities to enter into a memorandum of understanding with local law enforcement agencies.
- Sec. 108: Promotes transparency by requiring universities to make their sexual assault policies and procedures publicly available.
- Sec. 109: Clarifies the effect of CEFTA on existing laws and regulations.
- Sec. 110: States the effective date as 12 months after enactment.
The Campus Equality, Fairness, and Transparency Act can be viewed HERE.
EDITORIALS
- Ashe Schow: Rights group updates model legislation for campus sexual assault
- New York Post Editorial Board: Reining in Campus Courts
- Ashe Schow: Rights group proposes bill to properly handle campus sexual assault
- Charlotte Hays: Model Legislation: The Campus Equality, Fairness, and Transparency Act
- Greg Piper: Model legislation would restore due process to campus rape investigations