Sen. Kirsten Gillibrand called for the passage of the Campus Accountability and Safety Act to address systemic failures in protecting students following allegations of sexual assault at Cornell University.
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In recent weeks, the horrific allegations of sexual assault at a Cornell University fraternity house have sparked public outrage.
But as debates about campus culture and law enforcement lapses permeated the public conscience, Congress made clear that it had a very different priority: debating regulations for college sports. Not a second was spent on campus safety at a time that one in four undergraduate women report being sexually assaulted at school. At Cornell, that figure is more than one in three.
There is no question: the system has failed Jane Doe.
This is not just a problem with one case, one fraternity, or one university. Jane Doe’s story echoes a heartbreaking reality on campuses across the country. Time and time again, victims experience the same story: they report, then watch their perpetrators get by with a slap on the wrist.
In 2016, America watched Stanford swimmer Brock Turner serve just three months in jail for raping an unconscious woman behind a campus dumpster. The survivor’s victim impact statement went viral. Over a million people signed petitions calling for the judge in Turner’s case to be removed. California lawmakers subsequently changed the state’s sentencing laws.
This should have been a turning point. It wasn’t.
In 2016, Baylor also came under fire after an investigation found administrators had discouraged students from reporting sexual assault. In 2021, USC announced it would pay millions to women who said the university ignored years of complaints about sexual abuse by its campus gynecologist. In the years since, dozens of institutions have come under federal investigation over alleged mishandling of Title IX sexual violence cases.
A system that fails survivors repeatedly is fundamentally broken. The price of a college education shouldn’t include a greater than 25 percent chance of being sexually assaulted.
Congress must do more to protect students. We must pass the Campus Accountability and Safety Act.
CASA is commonsense, bipartisan legislation. It would hold institutions accountable, uphold a fair process for students, and give sexual assault survivors a trauma-informed advocate to help them through the adjudication process.
Cornell offers confidential resources for students, and we don’t know the extent to which Jane Doe knew about or used them. But not all universities offer those resources, and even if they do, many students don’t know they exist.
That’s how CASA could help.
First, it would require a trained, confidential advocate to be available to survivors of sexual assault on every campus.
The trauma of sexual assault can impair memory and make bureaucracy feel impossible. Having an advocate who is trained in trauma-informed care ensures that survivors are not re-traumatized by the very system meant to protect them.
Such an advocate could have been life-changing for someone like Jane Doe.
They could have walked Doe through the complex disciplinary process that comes with reporting an assault. They could have talked her through her options, including the difference between Cornell’s disciplinary process and the criminal process. And when Doe chose to report, they could have acted as her liaison with the university and law enforcement, sparing her the trauma of reliving her experience every time she spoke with a different authority figure.
Crucially, CASA would require campus staff who receive reports of sexual assault and domestic violence — including the Cornell Health medical clinic employee whom Jane Doe saw — to provide those students with contact information for the on-campus advocate and an explanation of the services they offer.
Second, CASA would require uniform, rigorous training for all campus personnel involved in investigating and adjudicating sexual assault cases.
That training could have helped prevent critical errors in Doe’s case.
For example, Doe’s lawyer alleges that the Tompkins County District Attorney never contacted her after she made her initial statement to Cornell police. A New York Times investigation later showed that a key statement from Doe’s testimony — “I can say with 100 percent confidence I was raped” — was left out of the six-page statement that was sent to the district attorney.
Better-trained investigators are far less likely to make that mistake.
At the same time, a CASA advocate could have helped Doe review her testimony and caught the omission. Then, once the complaint was submitted to the district attorney, they could have helped follow up on her case and demanded that her complaint be taken seriously.
Advocates and training help survivors navigate the system — but that is only half the battle. CASA also fixes the system itself, making it more transparent and fair for all students.
The legislation would mandate a uniform process for conducting campus disciplinary proceedings surrounding sexual assault. That means no separate track for athletes or students in fraternities.
CASA also protects students who come forward by encouraging the adoption of a practical amnesty policy in cases like Jane Doe’s, where alcohol or drugs are involved. CASA would help shield students who report in good faith from being disciplined for drinking or illegal substance use.
And finally, CASA would require colleges and universities to disclose key data about the prevalence of sexual assault on their campuses and the outcomes of sexual assault investigations. Institutions that fail to comply would face financial penalties.
Transparency creates accountability. If students and families can see what is happening on campus, and how universities respond, institutions will finally be incentivized to put safety first.
Passing CASA will not end sexual violence on college campuses, nor will it undo the harm already inflicted on countless survivors. Changing the culture that allows campus sexual assault to persist will require sustained commitment at every level — from universities, students, families, law enforcement, and lawmakers. But establishing a fair process, giving survivors an advocate, and mandating real accountability is an essential start.
The system failed Jane Doe. It has failed too many survivors for too long. Congress can change that. We must pass the Campus Accountability and Safety Act.
Kirsten Gillibrand, a Democrat, is New York’s junior U. S. senator.
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