The University of Virginia was forced to change its policy requiring confidentiality from victims of sexual assault after a nonprofit group filed a complaint arguing that it violated federal law.
The complaint stemmed from a situation in which a University of Virginia student and alleged sexual assault victim expressed concern that she could face disciplinary action as a result of talking about the case — even though she had not identified the accused, said S. Daniel Carter, policy director of Security on Campus Inc., a nonprofit group that advocates for better reporting of crimes on college campuses.
In 2008, as a result of the complaint filed by Security on Campus, the U.S. Department of Education found that, under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, the university could not require an accuser to abide by a non-disclosure policy.
“Obviously, their policy has changed,” Carter said. “I’m not sure that the culture has substantively changed.”
Security on Campus has drafted proposed changes to the Clery Act, called “Campus Sexual Assault Free Environment Blueprint — 2010” to further protect victims of sexual violence.
Some of the changes ask that universities provide a “clear and inclusive” definition of sexual assault, including discussion of consent, and offer and disclose options for academic assistance and withdrawals and refunds for victims.
