2016 is a big year for Campus Climate Surveys and legislation. The surveys aims to give institutions the opportunity to better understand their campus and to make informed decisions about how to create and improve the safety of their educational environment. Recently, the US Senate Hearing 7.29.15 addressed the official bill The Campus Accountability and Safety Act. With that, the White House Task Force is adamant about cracking down on sexual assault and violences on campus. With that, this upcoming year Campus Climate Surveys will potentially be federally mandated for all colleges and universities.
The first step in solving a problem is to name it and know the extent of it -- and a campus climate survey is the best way to do that. The White House Task Force to Protect Students from Sexual Assault
Several states like California and New York have already adopted these surveys and other policies like “Yes Means Yes”. This is a standard that requires affirmative consent — affirmative, conscious and voluntary agreement to engage in sexual activity — throughout the encounter, removing ambiguity for both parties. With these two proactive states leading the way, the Campus Climate Surveys surveys will soon be required as part of a Title IX/Clery Act compliance program. So what do these tests entail?
They compromise student and employee knowledge about:
- The Title IX Coordinator’s role;
- Campus policies and procedures addressing sexual assault;
- How and where to report sexual violence as a victim/survivor or witness;
- The availability of resources on and off campus, such as counseling, health, academic assistance;
- The prevalence of victimization and perpetration of sexual assault, domestic violence, dating violence, and stalking on and off campus during a set time period (for example, the last two years);
- Bystander attitudes and behavior;
- Whether victims/survivors reported to the College/University and/or police, and reasons why they did or did not report.
- The general awareness of the difference, if any, between the institution’s policies and the penal law; and
- The general awareness of the definition of affirmative consent.
With the topics being brought to light in the college community, many people will now be educated about the basics of sexual assaults and what to do if involved. Many people remain unaware about the severity and frequency of sexual assaults. So, the surveys are an excellent tool in providing “education” to people who would otherwise be blind to an offensive and serious situation.
Surveys May Hold Problems Clearing Areas Of Ambiguity
The surveys seem invaluable but, there are also challenges like areas of ambiguity for the utilization and implementation of them. It is unclear for what purpose a climate survey would be used: “Is it intended as a consumer information tool, an institutional improvement tool, an enforcement mechanism or some combination of all three?” The answer to this question could have a substantial impact on how a survey is designed and on how schools and others react to its results.
However, the plausibility of how these tests results can impact schools across the nation is incremental and erases many doubts. But, the usage and implementation continues to be questioned. As legislation improved and becomes widespread, we will begin to see change in colleges and universities. California and New York provide proof that Campus Climate Surveys and “Yes Means Yes” legislation can work and be properly enforced.
Forerunners New York and California Enact 2015-16 Bills
New York and California are two out of fifty states to enact “Yes Means Yes” legislation requiring Campus Climate Surveys and legislation against sexual assault state-wide. As these forerunners continue to implement their policies, they set an example for the rest of the states to follow.
The leader of the pack, California created a standard in 2014 that requires affirmative consent throughout the encounter, removing ambiguity for both parties. The law protects both individuals by ensuring that there is a mutual understanding. Legislation deems a person who is incapacitated by drugs or alcohol cannot give consent. With this legislation, California colleges are being held more accountable for prevention, evaluation and a consistent protocol surrounding sexual assault.
New York’s Campus Climate Assessment Policy gives institutions the opportunity to increasingly understand their campus and to make informed decisions when it comes to providing a safe educational environment. Beginning in the 2015-2016 academic year, each State University of New York State-operated and community college will conduct a uniform climate survey that ascertains student experience with and knowledge of reporting and college adjudicatory processes for sexual harassment, including sexual violence, and other related crimes.
With these states creating the standard, Affirmative Consent laws and policies are making their way through the states. To Keep updated with continuing legislation, here is an updated list of Title IX Schools under investigation for Sexual Assault by the US Department of Education.
“Affirmative consent legislation isn’t just about the more than 20 percent of young women and girls who will have to live as assault survivors. It’s about the 100 percent of women who have to live every day, never quite certain of their physical safety. Research shows that with affirmative consent education, we can create a culture of respect.”