Bill Text: NJ AR286 | 2016-2017 | Regular Session | Introduced
Bill Title: Urges United States DOE to maintain current Title IX protections relating to campus sexual assault.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-08-24 - Introduced, Referred to Assembly Higher Education Committee [AR286 Detail]
Download: New_Jersey-2016-AR286-Introduced.html
Sponsored by:
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
SYNOPSIS
Urges United States DOE to maintain current Title IX protections relating to campus sexual assault.
CURRENT VERSION OF TEXT
As introduced.
An Assembly Resolution urging the United States Department of Education to maintain the current protections offered under Title IX as it pertains to sexual assault.
Whereas, In 2011, the Office for Civil Rights of the United States Department of Education under President Obama issued guidance that instructed colleges and universities that they were obligated to combat sexual assault and harassment under Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681 et seq.); and
Whereas, The 2011 guidance provides a detailed overview of institutions' existing responsibilities under Title IX when dealing with complaints of sexual violence, including adopting and publishing grievance procedures that provide prompt and equitable resolution of complaints of sexual violence; and
Whereas, The guidance also established a requirement that college disciplinary proceedings rely on a preponderance of the evidence standard when adjudicating cases of sexual assault, a lower burden of proof than what is required in criminal proceedings; and
Whereas, Recently, Education Secretary Betsy DeVos held meetings with a variety of advocacy groups on the topic of sexual assault, including survivors of sexual assault, survivor advocates, attorneys and educational officials, and men's rights activists; and
Whereas, Following these meetings, Secretary DeVos indicated that she felt changes were necessary in regard to how the department enforces Title IX with respect to schools' responses to sexual assault reports, but she gave no details regarding any specific plans; and
Whereas, On July 19, 2017, 20 State Attorneys General transmitted a letter to Secretary DeVos urging her to keep current Title IX guidance in place; and
Whereas, Unfortunately, the New Jersey Attorney General was not one of the signatories of the letter, and it is critical that the Attorney General clarify his commitment to providing a safe learning environment for our students; and
Whereas, Incidents of sexual assault at colleges and universities are widespread. The American Association of Universities found that 23 percent of female undergraduates were the victims of sexual assault or sexual misconduct due to physical force, threats of force, or incapacitation. Furthermore, the United States Department of Justice's Bureau of Justice Statistics found that, on average, 20.5 percent of college women had experienced sexual assault in their lifetime; and
Whereas, Due to the fact that campus sexual assault is a pervasive problem that has devastating effects on the victims of sexual violence and on the larger campus community, it is critical that the United States Department of Education continue to implement and uphold the current guidance regarding the obligations of colleges and universities to protect survivors of sexual assault so that all students are able to learn in a safe environment free from violence and discrimination; now, therefore,
Be It Resolved by the General Assembly of the State of New Jersey:
1. This House urges the United States Department of Education to maintain the current protections offered under Title IX as it pertains to sexual assault on campus.
2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly to the Secretary of the United States Department of Education.
STATEMENT
This resolution urges the United States Department of Education (DOE) to maintain the current protections provided under Title IX as it pertains to institutions of higher education responses to sexual assault reports on campus.
In 2011, the United States Department of Education's Office for Civil Rights under President Obama issued guidance that instructed colleges and universities that they were obligated to combat sexual assault and harassment under Title IX.
Following meetings with a variety of advocacy groups on the topic of sexual assault including survivors of sexual assault, survivor advocates, attorneys and educational officials, and men's rights activists, Secretary of Education Betsy DeVos indicated that she felt changes were necessary in regard to how the department enforces Title IX with respect to schools' responses to sexual assault reports, but she gave no details regarding any specific plans.
On July 19, 2017, 20 State Attorneys General transmitted a letter to Secretary DeVos stating their concern regarding indications that the secretary intends to dismantle the protections offered under Title IX and urging her to keep current guidance in place.
Due to the fact that campus sexual assault is a pervasive problem that has devastating effects on the victims of sexual violence and on the larger campus community, it is critical that the United States Department of Education continue to implement and uphold the current guidance regarding the obligations of colleges and universities to protect survivors of sexual assault so that all students are able to learn in a safe environment free from violence and discrimination.
