Jesse Paul, The Denver Post
House Bill 1391 is heard by the House Education Committee on Monday, April 16, 2018.
After Jess Davidson was sexually assaulted off-campus by an acquaintance at the University of Denver a few years ago, seeing her attacker on campus — and just knowing that he was there — created a wave of anxiety.
If she spotted him during trips to the library to finish her senior thesis, she would find herself running out to vomit, Davidson said during testimony at the Colorado Capitol. And those concerns were on top of what she characterized as a frustrating reporting process.
“I don’t ever remember learning about consent, not only in high school but also during my first week of orientation,” said Davidson, who has since graduated and now leads a national advocacy organization, End Rape on Campus. “… I don’t remember being told how to report it.”
A bill that cleared its first hurdle at the Colorado legislature on Monday seeks to ease some of the frustration of accusers in sexual assault cases by mandating how the state’s public and private colleges and universities respond and make their sexual misconduct policies well-known.
“This offers clarity,” said Rep. Faith Winter, D-Westminster, who has been working on the legislation since October and is its prime sponsor. “It offers clarity for our institutes of higher education, it offers clarity for students.”
House Bill 1391 requires that each higher-education institution adopt — and periodically review — a sexual misconduct policy that includes reporting options and procedures for investigations and judgments, and protections for accusers and alleged attackers.
It also would bar the use of an accuser’s sexual history in adjudication proceedings, ensure there is a confidential reporting process, prohibit retaliation, require timely case updates to those involved and encourage prompt resolutions.
“When there are incidents of sexual misconduct they have to be addressed quickly and resolved quickly so that everyone feels safe who was involved,” said House Speaker Crisanta Duran, D-Denver, who is also a prime sponsor of the bill.
Members of the state’s higher education community, as well as the Colorado Coalition Against Sexual Assault, are in support. The Foundation for Individual Rights in Education is not, citing concerns about due process for those accused of misconduct.
The bill would also require Colorado colleges and universities to provide training on sexual misconduct prevention and awareness, and to report to the state on their policies and training. It also prohibits attorneys from actively representing an accuser or someone who is accused — such as by speaking on their behalf — during a school’s investigation or adjudication proceedings.
“This bill, I think, will make far more clear to Colorado students who go through what I went through how to move forward after they experience sexual violence, but also, importantly, I hope that it will prevent sexual violence,” Davidson said.
The University of Denver says it has undergone extensive changes and retained national experts to examine its policies and procedures when it comes to sexual misconduct since 2011. The school said it offers in-person and online training for students when they arrive on campus and has bolstered the number of staff who might handle complaints.
“The university is aware of House Bill 1391, and in fact, was involved in conversations with other Colorado higher education institutions and community interest groups to provide feedback while the bill was being drafted,” the university said in a written statement.
The measure, which also has a prime Republican sponsor in the Senate, passed the House Education Committee on a party-line, 7-6 vote on Monday. Some GOP members of the panel were concerned about due process protections. It now heads to the full House, which is controlled by Democrats.
Source : Denver Post
