sunday at noon mary francis bury. friday night on american history tv on cspan 3 talks about the burning of washington during the saturday, on real america. the building of the hoover dam. the anniversary of gerald ford. programsow about the you're watching. at c-span.org.us like us on facebook and follow us on twitter. >> coming up, a look at sexual assault on college campuses and what is being done. about theson talks threat of isis and al qaeda.

later, remarks from obama in estonia. on the next washington journal, an update on the start of the nato summit being held. about some of the challenges. then, it will be discussed what women really want. women in society and the rejection of feminism. you can join the feminism on facebook and twitter. >> now, a look at campus assault. officialsnistration and assault survivors. but first, a reporter covering

the issue. us is kristin lum barty with the center for public integrity. her reporting on campus rape cases one her several awards. the obamat with what administration is doing to combat sexual assault. >> like you for having me on the program. senior administration officials on the task force had released a set of recommendations for how campuses should respond to incidences of sexual assault and they described the guidelines as initial first steps in identifying the scope of the problem i campuses and helping -- on campuses and

helping schools. in some eyes, beefing up the enforcement of the topic. one of the key recommendations was to increase transparency on the part of the federal government. the administration has launched a website that give students information to help them file complaints with the justice department against schools. schools havethat responded inappropriately or ineffectively to sexual assault, among other resources. datahave made enforcement with campus sexual assault. the department released a list of universities and colleges under investigation for having handled complaints of sexual assaults. the number hovers around 70 and seems to be climbing daily. a lot more students are filing

complaints against their schools. developing new training programs for campus police officers and school administrators to investigate and adjudicate sexual assault campus -- cases on their campuses. they are preparing similar for senate staffers to improve services. they are doing a of beefing up of policy and making sure that schools are better of equipped in the initial round of recommendations. >> let's talk about the headline . a flurry of new legislation targets sexual assault on campus. what would consensus legislation contained? >> i would say that the consensus forms around what they have in common with each other. and, the white house task force that recommended that school

administrators conducts surveys on campuses. most of the legislation and the bills required a similar requirement for school administrators to conduct surveys. the senate bill calls for making annual surveys standardized and anonymous and requires schools to publish the results online. this is something along that line. any other consensus bill would force the education to make bills settlements and all seem to have this requirement of more transparency and openness on the part of the federal government. >> the issues are related to campus sexual assault that congress will have difficulty with dealing through legislation. someere will be

controversy and we have already seen some controversy. the first ever sanctions. bill also would institute sanctions that equal 1% of the institution operating. this notion of beefing up sanctions against colleges and universities, especially the .nes that violate title ix i am reading reports that they are opposed to this.

look at the report. what are some of the worst problems you uncovered during the investigation? that we found students who are responsible for sexual assaults. that is the equivalent of "guilty" in the system. they face little or no punishment. orrarely leads to suspension expulsion. often, out of fear, we have found other troubling aspects. students report being victims and face barriers that leave them feeling victimized again. some administrators are discouraged and fail to

investigate. these are basic requirements under federal law. victims go through the judiciary process and encounter disciplinary proceedings and were not part of the process at all. even illegal gag orders. we have found robbins with the process in the white house task force and these legislations are trying to address, through even, more standardized responses. the reportviewers, is available at publicintegrity.org. it is available on our website. ombardi,lum barty, -- l thank you for joining us. >> we continue with a senate

hearing from late june. you will hear from government officials in charge of enforcing laws. and to sexual assault survivors. two sexual assault survivors. this is two hours. >> good morning. the committee will come to order. i released my opening thoughts on what a confirmation to -- comprehensive act should look like. i have asked for comment by the

end of the summer. that is august 29. i plan to add to the proposal and the hearing today will help to determine how to proceed on the topic. of focus on the hearing -- the hearing is profoundly important. too many students are being assaulted on our college campuses. one in five women are sexually assaulted or victims of attempted sexual assault in college. we will hear that sexual assault is not just happen to women. approximately one in 16 meant are victims of completed or attempted sexual assault. studentsshows that with disability may face a higher risk of sexual assault. enterdent should have to sexual assault while they are in college and we are going to hear from the administration, survivors, and a researcher

about the work they are doing to for campuses safer everyone. this hearing will explore the higher education act and title ix. provisions in the higher education act play a critical role in sexual assault. the appropriate support and systems are in place for when the assaults occur. , one of our civil rights laws, celebrated an anniversary this week and place a substantial role in ensuring that colleges address reports of sexual assaults. it is critical to dividing survivors the support they need in the aftermath of sexual assault. we'll hear about the work that the administration is doing to make sure that colleges meet their obligations.

to address these issues in different ways and i appreciate that some colleges find it challenging to understand obligations. i hope that the hearing will bring to light how we can make it is year for colleges to understand their obligations under both important flaws and i will close -- important laws. this is an issue that has been swept under the rug. we have to address this. we know it is happening. we are getting more and more data coming forward. i have read the testimonies of the people who are testifying today and there is compelling testimony in there, in terms of how to change the system to make -- to make -- to bring more of this to light and provide colleges with the kind of flexibility that they might need. the one thing that came to me in

the testimonies i read was that one size does not fit all. not -- these are not all the same acts. intensity and approach. they vary in perpetrators and in a lot of circumstances. therefore, perhaps a stringent aidision that cuts off all and title iv money to a college, which is never used, by the way, is not a deterrent. deterrence,ook for adequate penalties and fines setting up, structures with colleges so that they can prevent this -- the and, tourse of action --

let victims know they have recourse and support systems in place so that they can report and bring this to light. without the victim being a victim twice or three times over. i hope we have a place where we can address this. with that, i will turn to senator alexander. >> thank you. thank you to the witnesses for coming. we look forward to your comments. president a college and i have had children in college. i went to college. we know it is a special experience when you hug your parents could buy and -- goodbye and parents are anxious. students are nervous. you hope everyone is safe and

everything is successful. the focus of this hearing is that this sometimes turns out not to be true. out what week on in washington, and due to create an environment that helps campuses discourage sexual assaults, the subject of this and make sure that, if there are any requirements from here, campuses are clear. they do not cause campuses to spend more time filling out forms then creating an environment to discourage sexual assault. it is important to remember the limits of what we are able to do from here on campuses in tennessee -- from here.

tennessee, in there are people where they primary responsibility for taking action. institution,blic there are legislators and a governor. when i was the president of the university of tennessee, the state of tennessee passed a " crime on campus" bill. it was the work of parents in pennsylvania who had a child murdered. just as we want gun-free school responsibilitye that school. at whatever we do, we need to make sure that we do not suggest to anybody that we in washington to -- should be primarily responsible for making campuses safe. the country does not want to look up and see the senate, who

can't balance a budget and agreed on how to consider an appropriations bill, is the one you look to to be responsible in 6000us safety institutions with 7200 campuses. a campus, iwent to would look to the dean of students, the faculty, and to the environment on the campus. there is a role we have to play because we, along with the states, fund campuses. there is the cleary act. these are the rules and regulations that any administrator will have to consider. the question we should have is help-- is, do these really

discourage sexual assaults or is there something that we can do that is simpler and more effective? title ix steps and responsibilities that we have to take. i'm glad we are having the hearing and i appreciate the , whots of claire mccaskill is interested in this. i have met with her about this and i would suggest to the chairman and the other members of the committee, at least one of whom is formally a member of a faculty of a distinguished institution, that we ought to have formal or informal conversations with campuses and those who have the job to create , includingty discouraging sexual assault and responding to it appropriately. make sure that the things we do

our helpful and not burdensome, which is sometimes the case. i welcome the hearing and i congratulate the senators. fromk forward to hearing both panels of witnesses. >> thank you. we will have two panels. the administration witnesses and we will move to our second panel. i would like to welcome the first witness. she is the assistant secretary of civil rights. prior to coming there, she was a director of impact litigation at a pro bono law firm. she practiced at the aclu. she served as the assistant legal director and she also served as a teaching fellow and supervising attorney at the law center. she received her jd from yell and graduated from amherst college. next is james moore.

act.anager of the cleary he joined the department of education. he is a nationally recognized expert on the cleary act and serves as a representative on to white house task force protect students from sexual assault. welcome. your statements will be made part of the record in their entirety. if you could sum up your statement for us in a few minutes and we will move on to mr. moore. thank you. please proceed. >> thank you. i appreciate the opportunity to share our work with you today. for the assistant secretary civil rights at the department of education. the talented staff that i work with and i have the privilege of enforcing the federal civil rights laws in school and title ix.

and, we have, as a country, made great strides since title ix became law. many colleges and universities have changed their policies and practices so that they are not discriminating and are in compliance with the law. i applaud those colleges and universities for recognizing the core educational mission ensures the safety of the campus. sexual violence is pervasive across to many of the campuses. we are committed to ending that reality in schools. in this administration, we have investigated post-secondary education and issued policy guidance. we have delivered technical assistance to colleges. the president and vice president have prioritized this issue, including i creating a task force on protecting students from sexual violence this last january. one key deliverable on the task

force was issued from our office. it was a question and answer document that supplements the and answersdance many questions from the college is a community about ways to comply to the law and what we expect in school. we issued guidance in 2001 that was related to sexual harassment. in 2011, this administration was the first administration to issue guidance at was specifically focused on sexual violence and calling out sexual violence is a civil rights issue. mentioned, i delivered significant technical assistance to colleges and universities to a priest out to us with questions about what they can do to better deliver for students. we are pleased to use that tool. we use all tools that are available to us. i would like to share recent examples of enforcement in this area as examples of ways we have achieved robust agreements with

experiences of students on campus. we have enter into agreement with the state university of new york, the largest institution of public education in the country. it serves students across 29 state-operated campuses. was a single investigation and i was enormously impressed have thestem to courage to commit across all campuses to change their policy so that they are fully-complied with title ix. deliver the message to their theirts on all of campuses related to sexual violence. it have committed to reopening case and investigative files to identify whether there is more relief to be delivered to who come to them. they will report to us what it is they will do and, if not, why not. they will change their practices to make sure they are responding in a timely fashion.

we, as part of our investigation, reviewed case files across campuses to make sure that we look at the ways the university system investigates the complaints that come. we are really impressed with the system for agreeing to reopen those files and identify what should be done. another key component of the agreement is the agreement for each campus across new york to bring in a community to figure out what needs to be done to make students say. that there is no "one-size-fits-all" approach. the are involved in communities to identify what needs to be done at each campus to make sure that the students are safe and they will report to our office what it is a community officers have asked .or and if not, why not we ensure a full community

response. moving from large institutions to smaller scenarios, this last spring, we entered into an agreement with the virginia military institution that has 1500 students. is a smaller campus and a small institution. significant concerns and forificant resolution retraining and change in policy at the campus to ensure safety for all the students on the campus. even after some , arly-significant facts system had a policy that require that students became pregnant had to leave. no longer be students. that has changed as a result of the resolution agreement. against the backdrop, the institution failed to include a coordinator when a cadet issued wire hangers to younger cadets and called them the "abortion tools."

they had not taken appropriate steps to ensure that the title ix quarter was involved in making the campus safer. that will be change going forward and i'm pleased that the institution entered in to chase those practices. moving from the large to the midsized campus, we entered into a resolution agreement with a university. tuftse a statement from university. i'm impressed with them for andeing to retraining rectifying the situation. they have not had a title ix for nader for 1.5 years. during the course of our investigation, they agreed to provide an run relief for students and investigate complaints that,. complaints to come. entered into robust

agreements with universities of a variety of sizes and we are a norm is the proud of what my staff has been able to achieve. i look forward to continuing. it is critically important that the practice where people think they do not need to comply with the law and they think they have satisfied title ix. i look forward to answering any i, again, really appreciate the opportunity to share with you. what's a few. -- >> thank you. >> morning. my name is james moore and i manage the clear reaction compliance division at the u.s. department of education. thank you for inviting me to ins gust the department role the clear react and the implementation of the amendments of the cleary act. college should be a special time in the life of every student and

a time of exploration, discovery, and enjoyable memories. for two many students, they haven't denied the best of the college experience the cousin of the crisis of sexual assault and other violent crime on campus. as you know, the clear react remotes consumer protection and transparency about crime. matterser public safety . it promotes transparency. it requires institutions that participate in federal aid programs to provide accurate and realistic views of campus crime on campus and in the surrounding area. it is essential that campus safety and crime prevention information is provided to parents, students, and employees at the highest quality. members of the community should not have to wonder if the information is accurate or have to worry that the information has been purposely manipulated to create false impressions or

protect a rant. some people -- brand. anything that creates a false sense of security is dangerous. to hold institutions accountable, the department created a team. the original cleary team was formed in 2010 and, in 2012, federal student aid real life to toengthen it -- realigned strike the net. eight -- strengthen it. impact.s had an i am honored to leave them. they are dedicated to the cause of campus safety and carry out the mission with the safety of students and educators foremost in their mind. the department is committed to improving compliance in campus safety through a balanced approach of enforcement.

one operating principle is to assist schools whenever we can and enforce whenever we must. process is the primary component of the enforcement effort. they assess compliance with the act and regulations while working with institutions to make sure that corrective actions are implemented and sustained. most of the review's event driven by complaints from sources who are the best of information and help us understand how crime is affecting their lives on kravis. the, i must pause to thank new generation of student ctivists. and advocate they are using their knowledge to make people safer. i want you to know that we supplement our complaints-based reviews with proactive compliance exams.

office conducts 300 program reviews each year and most focus on financial aid compliance matters. we have added a cleary asked and drug free schools act to each one. we oversee the act that the teams do to ensure consistency across the country. the division monitors media coverage and conducts ifessments to determine institutions have complied with the clear react. i would like to share a little compliance about the to the clear react. you know the department published post regulations to fully implement the changes to the clear react. -- cleary act.

i have never been more impressed. work began in the imitation strategy. outre focused on reaching to people most affected by sexual assault and to top experts in the field, where dedicated their lives to addressing this problem. hearingstment held with advocates and officials on a range of topics, including the role of law enforcement in the investigations and the need to find a balance between transparency and confidentiality. our013, we conducted sessions with law enforcement and other stakeholders to understand their concerns and to help directly and hear directly from them about how the laws should be implemented. we build relationships with colleges across the government so that our programs could

benefit from their expertise. from generic to march of this year, we brought in negotiators, including one who will be on the , representing a broad range of experience, interest, and perspective with law enforcement professionals, advocates, attorneys, title ix coordinators, and students. after consideration and discussion, we reached consensus legislation and this is a great accomplishment. we strive to reach consensus during sessions. it is difficult to do so with competing interests and perspectives represented. the firstidering rule, who planned to issue final regulations this year. the department is confident that the new provisions will provide powerful tools to prevent campus

sexual assault, dating and domestic violence, and stalking. these changes will ensure a fair and more orderly path for survivors and their advocates. and, it will ensure better access to accommodations and services to which survivals -- the survivors are entitled. it is my belief that the clear preventscleary act students from sexual assault and it will result in meaningful and lasting change. in closing, i want to reiterate that we look forward to continuing our collaboration with the committee, the institutional officials and the pursuit of our collective goal to put an end to campus sexual assault. i am happy to take your question. >> we turn to five-minute

questions. about title ix and enforcement mechanisms for title ix, basically, terminating all federal funding for institutions. i believe, if i remember right, that has never been used. init has never been used education. it has been used with school district. >> not for an institution. withholde not had to federal funds from a college or university. last april, i have the best example of how well the tool is working for us. entered into an agreement and i sent them a letter telling them that they were in breach of it and that they had 60 days. or, we would have begun the process. within two weeks, they were back

in compliance and they were in compliance with the resolution agreement. the threat of withholding federal funds is significant or us and one of the reasons we have been able to see our institutions -- >> you give me an example and your statement says it has never been used. >> and has been used as an incentive. a that is what we call "nuclear option" around here. >> it is a good nuclear option. it is something to have. if you do not have other options to use, diverting funds, for example, and say to institution that, because the violation, some of the funds have to be diverted to a campus-based program for prevention and support activities for students.

>> with respect, senator harkin, we have that opportunity and we enter into agreements with institutions. that has costs associated with them. >> grew as the authority? -- who has the authority? >> you have the authority to tell them that you have to direct the funds for that. >> i think it is a semantic difference. when they have to take steps that cost money, they divert funds and those practices include paying damages to complaints that come forward and retaining the additional staff. they include creating climate surveys and conducting them on campus. they include taking steps to train students and staff. that is a diversion of funds and significant for campuses. as a civil rights litigator, what i did was the nuclear

option. >> you are saying that you do not need any more authority or anything else from this committee or the congress to -- your desk your oversight and ability to funds atand redirect any of these institutions? you have all of the authority you need? >> is not my view that we lack tools. that we is not my view lack tools. >> that is amazing to me. obviously, some it not working out there. some things are not working. >> some things are not working. >> you, in your testimony said , said that they are retaliating, discouraging, delaying, delaying services and

support to invite that survivors -- support to survivors. they are a dressing sexual violence as a criminal matter and not under title ix. this is happening out there. >> it is significant and we want to see that changed all over and anywhere and happens. we have entered into a robust agreement and i would be delighted to work with you going forward. it is critically important to us that we make sure that all students are safe and i think that we are moving in that direction. >> maybe, i'm not hearing this right. you are saying that nothing more needs to be done on our end and that you can take care of that. am apologizing if i suggested that that is true. my view is that the importance of with a dutch withholding federal funds should not be undermined and has been effective.

there may be more things to do and i would welcome additions to the arsenal because i think it is important to deliver to kids. >> my time is running out. i have one second left. in terms of information on the cleary act, the schools are required to provide the information to students, and the general public at large. how good of a job do they do in families students and as to the incidents of sexual violence on campus? in other words, when students look at colleges, are they able to look at this -- is this presented in a format that they can look at and compare from one college to the other? >> thank you for the question. all institutions are required to notify students and employees about the material and make it

available upon request. most schools have put it on their website and it is right there when you go to apply to a school, for a job, or enrollment. >> you are saying that schools are doing a good job and being accurate and honest in reporting students and their families. >> a relatively good job producing the report. we find significant violations at some institutions with statistics. so, i would say that there are violations out there and we find those in our cases. where we find them, we take actions. tools willt the new bettertudents to have information about the environment they are going into in regards to sexual assault.

>> thank you. >> thank you, mr. chairman. you are both in the department of education. >> that is correct. >> mr. moore talked about regulation that you are proposing under a violence against women's act -- women act . you are about to go through a which theme in institutions have a chance to say what they think about it and anyone else will, as well as up >> that is correct. .> -- as well >> that is correct. do you expect institutions to comply with your title ix guidance documents question mark >> we do -- documents? >> we do.

haveat authority do you what you mark why do not go through the same process that what authority do authority do you have? why du not go to the same process that the department over here does? how can you do that? askwould you not go out and institutions and people who are been sexually assaulted about what they think about your guidance before you apply your guidance to 22 million students on 7200 campuses? a way to do and we have had do and we have had

a lot of conversations. >> there is a regulatory process and he is asking for comments. there is regulation and congress has a chance to weigh in. you are over there and issuing your own opinion. is that correct question mark >> that is not correct. -- is that correct? >> that is not correct. i thought we made the law? do you. >> i do not> . of titlen explanation ix. >> who gave you the authority to do that? we told you you could make the law? have public notice and comment under the cleary act -- why do you have public notice and comment under the cleary act? i disagree with that.

you are writing out guidance for 22 million students and it is your whim or idea. we make the law. the law.t make where does the authority come from? has it grown up over time? how often do the two of you meet in the department? how many times have you met in the last year? >> we have worked very closely. >> did you have input in his -- in his rules proposed to be rules? >> yes. about thatcerned arbitrariness. an individual and the department saying what the law is.

i thought we were supposed to do that. you signed a formalize agreements and -- a formalized agreement. is that because you have failed to coordinate and created a good deal of confusion on college campuses about how to -- how to coordinate the responsibilities for dealing with sexual assault as they look up at title ix and the cleary act. >> i would not describe it that way. i was pleased with the collaboration that we have entered into for students in the 10 months i have been here. i think it is working extremely well. >> what kind of formal procedures did you have to discuss your guidance with the institutional officers who have to comply with your guidance? how many meetings did you have with institutional officers around the country?

>> i do not have the number. a took three years to prepare question and answer document and we had many meetings with officials and associations of officials. with student activists and organizations. tremendous number of meetings and letters came to us. process thatlong involves many stakeholders and different opinions. we gave them greater guidance and clarity going forward. >> my time is up. we should consider in this case and other cases, whether fda or anything else, what the difference is between a law and a regulation.

there is a growing business of issuing guidance where there is no opportunity for public comment and approval that the regulatory procedure has. thank you. >> thank you senator alexander. i have murray, warren, taken, murphy, casey and the white house. earlier this spring, there were 55 colleges listed under investigation for title ix violations. what are some of the best practices in the field that universities can take to for prevent -- proactively sexual assault. >> we hope to see the conduct of a climate survey to identify how students and faculty feel about andty on campuses

identifying whether the campus message has been received by students and the community about where to go and what is and is not tolerated. whether there is a feeling of safety on campus. we think the climate survey is important as a first step. tois critically important communicate disapproving of violence and make sure the not --committee is or is is or is not acceptable on campus. where to go. how to complain. get resources on those campuses so that students have access. finally, it is important to have a transparent and functional investigation process. available to students so that students can be clear that effective and appropriate steps are taken to address sexual

violence when it occurs. >> very good. i appreciate the response. the higher education anti-harassment act. a grant program to support anti-harassment programs. would it be helpful? >> it would be. i cannot tell you how much the tool would mean to us to be able to deliver for students around the country. heart of my role in representing secretary duncan in the task force, i visited campuses around to see what kind of successes they were able to see from the grants that they delivered and i have real jealousy that they are able to give grants and ask for changes that they know me to be made and

for resources. it would be meaningful for us. senator, thank you for the work on the initiative. ,e find, with the cleary act whether reasons we are excited about the work that is being done with regard to the climate survey -- you have to understand what the climate and culture is before addressing it. one of the new tools in the requirements requires schools to have primary prevention programs . it only works if you understand if you understand what is going on on your campus. if you have problems in the athletic department and sororities, you have to make sure the training is designed to address all of those issues. if you get to these issues of culture and climate and tradition that are problematic on campus, we have to get the

understanding of harassment and hazing. several other factors, if we're going to be effective. >> thank you. thank you very much, mr. chairman. >> senator warren. >> thank you. the topic could not be more important. young people go to college to learn about the world and start their careers. they're working hard to build futures. they should feel safe on campus. they should feel confident that, if they are victims of crimes, people respond to them quickly with respect and compassion. years, the, for 20 government has been can just assembling and disclosing data. you noted that the department of education wrote draft rules on expanding data collection. data can be powerful in helping

us understand the problems we face and the possible solutions. i want to ask about how the data is used. can you tell me about the analysis that the department of education conducts with the data and what the analysis has shown? >> thank you. do to validate this information as we go out to schools to conduct compliance assessments. when we do that, we look at substantial samples to see their they were classified the right way. >> you validate that you are getting good data coming in and -- you look through what kinds of records? andtudent conduct records

sometimes, you have to go into athletic department. anyone who can adjudicate discipline or investigate it, we have to look at the records. >> you look at the records and what was reported. you see how good the match is as you know about the quality of your data. i presume that, if the match is not good, you have an ongoing relationship with the school and how it is they need to improve the reporting. >> there are several things we do. something that constitutes misrepresentation, the school is subject to administrative action and that would mean a fine. >> you try to get everyone into compliance. my question is about the information we have been collecting for 20 years now. presumably, the quality of the information has gotten better and more complete.

what do you do with the information? >> we collect from all of our institutions and track trends in campus crime. >> we look for them on a school by school basis? >> sometimes. also, across sectors. we look at community colleges and the friends there. the crime environment is different. profit education do not have sports programs. we look at traditional institutions that have more types of crime occurring. >> you make the report public when you do this? do you put them out there? >> the statistics are out there the analysis is not. >> so, you do the analysis.

what happens with it? >> we use it to formulate and compliance program and we use it in terms of proposals for changes to the rules. >> let me switch it over. as part ofthe data your enforcement strategies and designing it? >> we do. concerns with the analysis done. he may refer something to us and we will take a look at the data to decide whether we should do a proactive investigation of our own. from aes, it is loaded school and it is a reason for us to go to investigate. often for where we should look at his school and what we should do.

>> i am out of time. let me ask another question that ties this together. is there other data that you should be collecting that you would find helpful in making decisions about where there is compliance and there is not that you feel ought to be there? >> yes. there is a thing that i would like to have that we do not have now. i have a civil light -- civil rights data collection and it gives me a picture of equity health that i find useful for the work that we do. i do not have the same access at the higher education level and i think it would be useful. i think it would be helpful to have. this i said, i appreciate and i think that we have to be careful about the quality of our data. glad to hear about the

data. prevention focus on needs to be more intense than it has been. thank you, mr. chairman. >> thank you. senator casey. >> thank you very much. i appreciate the hearing and i want to thank the witnesses for their testimony and their word on this. you have to commend -- even the other is a long way to go -- the i have to commend, even though there is a long way to go, the work that has been done. this problem has persisted for generations and we are at a point where we are reacting appropriately. we should react with a sense of outrage because this is the ultimate betrayal of a woman who attends college. we want people to get a higher education and we say it is important.

we send them to institutions where they do not seem to take the issue seriously. it should be under the category of zero-tolerance and the perpetrators should be labeled as such or labeled with words like "coward." or, whatever else we can come up with. i know it upsets some. that is the way i see it. institutions should be doing things without laws and regulations. some have not gotten the message and we have to send it more directly to have some rules. made greatat we have progress we reauthorize the violence against women act because one of the component parts of that was my law that you are working on implementing. we are grateful for that and i'm grateful for senator leahy and

his works get that done. we have to get it implemented. there will be big gaps and other matters that were we have made progress. we have a long way to go. pagenk your testimony of 4, you talk about keeping data and having betty -- better retention standards. students who don't want to do what they should be doing to help when they are bystanders. a whole range of changes which will take place. the one thing i want to ask in particular is now that you are making suress of these get implemented, how long will schools have to come into compliance? for the you, senator,

question. thank you for your work on the campus save act. you make me very proud, sir. what we have been very clear -- we will issue additional guidance in the coming days to reiterate that institutions have to make their best good faith effort in their first year. the best good faith effort to comply with the statutory language. when institutions issued their annual security report in october, what we will be looking to see is that the schools are looking for ways to implement requirements and we will have a full year to recalibrate that with the schools. compliance toal see where there are problems. you could guarantee that is a piece here or there that we did consider. we will go back and adjust that

in the guidance. we will also have a complete rewrite of our handbook. that will be available to the schools. we are also working on training materials that will be available free of charge so by the time we get to october in 2015, everyone should be on the same page. >> that is great. i want to ask in the remaining time i have on the question of the educational institution, i belies institutions feel that they're overwhelmed with rules, but this is one they have got to comply with. thecan't really go to university or college if you're allowing this problem to exist. tell me currently or how upon implementation the department will be helping to educate institutions going forward. havee of the things we

done is we have increased our presence at training conferences and we have increased both the number of guidance documents that we have put out in the quality of those documents. we have brought them down to a level that should be easy for all institutions to implement. that is one of the issues. you have 6000 schools, some with 25 students and maybe three or four employees and a strip mall running a cosmetology school. it is a very flexible program. it requires schools to take the line implemented. they're using the implementation plan. this new guidance we are putting together, we want to give them best practice information that would allow them to avella that land inappropriate way at the little and large schools. >> i appreciate that.

thanks for your work. senator baldwin. >> thank you, mr. chairman. oflier in this discussion congress, we took some incredibly important and i would towardsng-overdue steps combating the epidemic of sexual assault in the military. in examining the problem of sexual assault in the military and the steps that were taken, i discovered there were no specific focus on looking into and collecting data on sexual violence in our reserve officer training corps programs on our nation's college campuses. programs as standing at the intersection between the issue and crisis of sexual assault in the military and

sexual assault on campus. new officers all commissioned into the army and the navy combined since 2012 have come out of rotc programs from nations -- our nation's campuses. it is critical we understand how the issue of sexual assault is being addressed among the commissioning military future leaders. i asked the session department of defense and the white house to ensure that data from the rotc programs contributed to the full understanding of the problem of sexual violence at our colleges and universities. i was disappointed that the report by the white house task force to protect students from sexual assaults that was released in april didn't address these issues, nor as i understand it any department of

education speak specifically to how rotc conduct should address this issue. to both of our panelists, while i understand that instances of sexual assault against students who are in rotc programs should be investigated and reported in the same manner as other cap the sexual assaults, i guess my questions are having undertaken any formal or informal collaboration with the defense department on the issue of sexual violence in rotc programs on college campuses? me why thel department of education has not spoken to this aspect? >> thank you. one, i'm sorry to have disappointed you in the task

force so far. i hope that we could redeem ourselves. >> it is a focused criticism. >> fairpoint. -- fair point. make very clear that there is no student on the college campus whom the college, obligation does not extend to. it was our goal not to take away from that overarching message, that timeline obligations extend to every student of every type on every campus so schools can make them all safe. i have some worried that we might undermine that message. i would be pleased to work with the office as we go forward to make sure we are sending a clear message about the rotc students. and working with rotc students. one complaint that comes to mind is in the k-12 space.

she said she was not able to be promoted to commander and her army rotc. we investigated and found some facts about the way she was treated and the way the rotc lead and talks to her and sexually discriminatory ways in the school. we find out she is a young woman ever to be promoted in the rotc campus. we are working in this space and trying to send a clear message. to your question on the ways we work together, we are working in the white house and the work is ongoing. we have been reminded repeatedly that they expect an annual report with new progress each time going forward so there will be further steps. >> thank you. youenator baldwin, thank for your work on the defense aspect of this. i think one of my takeaways from the fine work that you wanted was that you have to have meaningful punishments for

sexual assault if you're going to change the culture. one thing i can assure you is that in our work, we look at institutions across the board you were looking at crimes that occur on campus regardless of where they occur. is of the important changes that we are going to start to look more closely at issues of culture, climate, damaging traditions. there's a lot of that in the military come especially along the line of hazing. we create that culture where these things are allowed to occur, you have sexual assaults happen in a high number without proper law enforcement sponsors a disciplinary response. this is something that we would like to work with you on going forward and to also look behind -- beyond rotc to a very in during problem that we see in the athletic problems and other kinds of organizations on campus. >> thank you.

>> thank you both for being here. i want to follow-up on a question that was asked about the best practices with respect to prevention. i want to turn to the investigation and the well-publicized case. they talk about the fact that many students there feel a second victimization when they go through the process of reporting and then testifying to that of used. she tells a story of being asked some incredibly insensitive and the relevant questions in the gainss of trying to justice. is pastry broader concern about there being a rather uninformed -- it speaks to the broader concern about there being a rather uninformed and untrained set of investigators and people overseeing the disciplinary process.

fromhave we learned columbia? what recommendations are you making at school so we don't have a reputation of revictimization happening when someone has the courage to report and bring it to a disciplinary board? >> thank you. it is critically important. we have seen too often that the investigative process can be so invasive and unpleasant and ill handled. there are my -- recommend not to use it. not recommend that it is safe and not worth coming forward. that is one of the key things we want to see campuses change. it will not involve inappropriate questions about students backgrounds. it won't involve a way of revert to my thing people who have the kurds to come forward -- read imizingrising -- revict people who have the kurds to come -- courage to come

forward. when we investigate, that is exactly what we saw with military institutes. to highlightable what it is that we thought was wrong with the way those investigations were conducted. we have been able to highlight what it is that universities have agreed to change going forward i wear monitoring to make sure. -- going forward and we are monitoring to make sure. you monitor? in these processes happen behind closed doors. you don't get data. how do you track whether this is getting better or worse for students other than hoping that there's a handful of students who go through an experience that is unpleasant and reported back to a chain? where we have

resolution agreements, we get there case and see the ways that investigate. that is an important piece of data for us. it is important component of getting to a place where we can save the school is behaving inappropriately and are -- in an appropriate manner and we don't need to continue monitoring. look at the degree of which they satisfy their students. >> senator murphy, this is a very key point. whatever number you look at, if it is one in five or one and six, if it is something else, what we know is that cap the sexual assaults are ghastly underreported. one of the main reasons is that there isn't a good address. the criminal justice system is often revictimizing and these campus judicial systems if not

well formulated can be even more so. one of the things we did in these new rules is we try to fix some of the procedural elements around these hearings. now there's a notice requirement . there have been student to have come to us and shown documentation they were given an for or two hours to prepare hearing or evidence that was opposed to be provided to both sides and given to them as they enter the door for the hearing and no opportunity to review it. we allow students on both sides, both accused and accuser, have an advisor to take with them, and advisor of choice. one thing that might be viable to consider in the future would be a basic relevancy rule in these hearings. i can tell you having reviewed documents for many of these hearings the kinds of information you can call evidence that is cemented and considered by the board of undertrained people here is frightening.

i have seen cases where people take things off of facebook pages or something like this and submitted as evidence as if it is positive of something. this is something we might want to look at going forward. even want relevant evidence excluded if it has unfair prejudice. >> thank you both for being here. it strikes me that the relationship between the college or university and the local police department is very important. areteps in the relationship fraught with danger both for the alleged victim and alleged loss oftor, including an opportunity to gather evidence if the police are not or interference by

the university or college in an ongoing criminal investigation. there is a public safety value to making sure that these offenses are reported and there's a potential liability for the university if he keeps one students confidence and that causes another student to be attacked by the individual about whom they had not brought that information to the police. that is a doctrine that is so long-standing that it is a common-law crime to commit a felony which is concealment of a felony even if you have nothing to do with it come even if you are just aware of information. investigation is not a core expertise of a college or a university that we expect. between that

university and the local law enforcement authorities is not very well managed in a lot of laces. there are very simple things that could make a difference. i think it is probably a very a difference if the alleged victim is having her conversation with say youersity if they should consider reporting this to the police and go downtown. the student is going off into the unknown and waiting in line at the police station and not know who you are going to talk to. we have a very good relationship with the local police department. she works all of these cases. we know her very well. you really should let her into this conversation. you will be making choices now that really change the way you could pursue this down the road if you don't have her him in

this conversation. that seems to be an area that is in the attention that it deserves. i guess my question is have you identified colleges and universities that you would say has a model relationship with her local police department in terms of making sure that the handoff isn't mishandled from the perspective of the students that have their interest involved? have., we i also want to say how strongly i agree with you of the concern. even a local law-enforcement agency near by the has the capacity to take a rape kit. that theoned a problem disconnect.he

it is a significant issue for us. >> what are your model relationships? i don't expect to have them off the top of your head right here. response for the record, have each of you identified where you think model relationships existed a train campuses and the local police department and what you think the elements are in that relationship that makes them a model relationship? >> i come at this from a different respective. it is a little bit alarming to hear how much completely untrained, completely inexperienced, completely unauthorized people are meddling in which a manner felony has been alleged. if you don't ring people in who

know what they are doing and to have the process in place to make sure that evidence is gathered and integrates very rapidly in some cases, you have created a real problem. similarly, if you force a college to go and maintain an investigation and produce a report at a time when the police are saying we are investigating this, knock it off, we can't having you running around and interviewing witnesses. this is a criminal investigation . that seems to be a pretty big challenge as well. i have been working together with the department of justice to create a model of understanding. >> my time is up. i should ask you to follow-up for the record.

i know that our police departments and universities welcome that. >> the next panel, there will be a witness. that the disproportionate and practical -- it should be appropriate to the violations. it should be to the level of felony. help which goals into -- schools into compliance. i think you might've thought that we should take away the nuclear option. that's all i'm saying. that's fine too that is the only

thing you have in your arsenal. it makes it very hard to respond to incidents that may not rise to level of felony, but still are egregious actions on the part of one student to another student. hereted to make that clear i thought you were saying you don't need anything other than one option. think -- i didn't hear you would take it away. i have a worry if we have a lesser tool, it would make it harder for universities to expect us to use the nuclear option. >> you will disagree then. i see now. i have been involved in some of these in the past when my wife was prosecuting -- was a prosecuting attorney.

a lot of the times, students who are the victims of this, they need to know what to do. they need to have somebody that they can trust and go to on a campus that has been trained and has the qualifications to at least initially be on the side of the person who has been victimized to give them the kind of information about where they should go. how many colleges have that kind of -- did you have them or not? >> they can come -- function as that. >> the title ix person is sort of like in the hierarchy of the school. that is a problem. that is the problem. we need someone not in that hierarchy of the school. got that. our military academies exempt from title ix? i'm told they are. i just found that out.

do we know? senator warren, do you know? >> i think that is a yes. i'm talking about the military academies. i have been informed they are exempt from title ix. no one seems to know. party? >> does that mean they're not reporting data either? >> senator, the military academies are exempt. >> you collect no data? it is something that probably should be corrected. the cause of the way the the rulesaid rules -- say if you don't receive funds rom our programs, you don't have to comply -- from our programs, you don't have to comply. >> wait a second come i thought that apply to any school that receives federal funds? >> it is only entitled --

>> on that topic and looking into this and i asked earlier about the rotc program, when congress did take some new steps on combating military sexual assault in the defense authorization budget, we did include the military academy under those provisions. not included, which is why i feel like we have to focus some attention on the training of many of our future officers. you are accurate about the title ix? >> they don't have to report under that act like other colleges? i didn't know that. thank you very much. i appreciate it. thank you both very much.

we will call up the second panel. mr. chairman, while the next panel is assembling itself, let me say that i understand that there are circumstances that come through the sexual assault reporting mechanism at these universities that amount to less than criminal activity. my point is that unless you have somebody in the room who understands what felony sexual any don't have an expert -- and you don't have an expert -- an institution cannot support connecting with the police department anyway that is easy and supportive for the alleged victim. then you have real problems down the road. by the time they do figure it

out, it could be too late to gather the appropriate evidence. really put the individual at risk in terms of defending her rights as a victim through the law enforcement process. >> i got that. i think we will hear from it may be this panel, the victim gets caught up and they get pushed into a felony accusation and that takes on the life of its own and that is not really what they were seeking. maybe they get a little reticent to go down that path. >> and a person presents the risk of being a serial offender, there are good reasons why sometimes law enforcement process goes forward even with an uncooperative victim didn't -- victim. a woman reacants, or you go with the utterance because there is the statistical likelihood of it happening. >> i think this panel has some thoughts on this subject.

it will start with emily pab sync graduate from the university of virginia. -- with emily. she is a graduate from the university of virginia. [indiscernible] she works as a special intern at the office of thevice president at university of virginia to help with title ix compliance efforts. next we have mr. john kelly, a rising senior at the university where he studies religion. should college student he is a special project organizer at a campaign that aims to educate students about their rights under title ix. we are grateful that you are here. we have james, a codirector at the university of new hampshire prevention and practices for

ending violence against women. he has experience to end violence against women in university settings. he's the lead development -- she is a lead developer of a campaign. she trains on how to facilitate and implement strategies to end this kind of violence. pleaseat, could you start and some maybe in five minutes the essence and then we will move on? hopefully we'll have time for questions and answers. welcome. >> thank you, senator harkin, and other members of the committee for the opportunity to speak. my name is emily. i'm a recent graduate at the university of virginia. in my expense as a survivor and in the course of my work, i have learned a great deal of the dynamic of sexual assault on

campuses. i hope to be informative to the committee today. i talk about the challenges survivors face and the way the government could influence. expand the mandate for education outreach. it is critical we ensure colleges are providing education about peer support. victim blame and self blame are -- by peally reinforced ers. one survivor i worked with did not report the attack because she confided in peers put in a believer and said she was wrong and that didn't happen to her because those were all great guys. that means those five young men went unpunished and remained a threat to other students that year.

the current national media spotlight has only focused on the lack of sanctioning for students found responsible and sexual assault cases. maintain a range of sanctions for colleges to employee and respects survivors needs and wants come especially in cases where the perpetrator is known or in the case of a relationship abuse. survivors were scared to report because they didn't want to ruin his life or get him into trouble . in the case of one young woman, the dean of students was only able to take his letter action by reassuring her that disciplinary action could be used to get him help. have mandatory expulsion being the only option, she would have waited longer if she even reported at all. getting more survivors through the door rather than -- ouraging them

also, as investigation shed light on universities, it might -- ourage survivors the resolution should include recommendations and requirements to form working committees of students and administrators and keep students involved and informed on the steps universities taken to rectify issues on an initial complaint. the knowledge of an opportunity for input is certain to reassure students administration is transparent about the way it handles cases and will handle cases in the future. by including formal requirements , the resolution agreements could help address some fears raised so that survivors could feel safe and supported when

they seek resources from the officers and administrators best suited to connect them to resources and remedies. in order to address concerns about equity, me being raised mimic be helpful to define the requirements and procedures and sexual assault hearings on campus. codifying some recommendations, it could clarify concerns about how to appropriately -- if you're hesitant, they may appeal to the school. to wear a contribute hostile environment exists. recommendation might help boundaries so that colleges have a clear sense of how to proceed and adjust hostile environments without fear of civil action from students. when it comes to their enforcement, the practical nation -- nature of the only sanction is -- it is more of a

tree trunk. they should be given latitude to design smaller more flexible sanctions appropriate to the violations. rather dan finds of various sizes, it should be allocations to help push schools into compliance. fines a veryn sizes, there should be allocations to help push schools into compliance. finally, i think it is important to know what the user title ix to just sexual assault and sexual discrimination is incredibly important, and more copperheads of approach would consider potential reforms to state, federal, and criminal law. we would not have to rely

heavily on colleges to adjust the problem of sexual violence. colleges could be more effective at addressing sexual violence and much more meaningfully. to make it possible to better address this problem holistically. and you for the opportunity to speak. i'm happy to answer questions. >> mr. kelly, welcome. >> thank you, mr. senator. when i was an 18-year-old college freshman, entered into what would soon become an abusive relationship with another student. on the last night of my freshman year, he ignored my no's and physically grab me and restrained and would not let me leave his room until i told him i loved him. three weeks later for my sophomore year, he rate me again. since then -- he raped me again. since then, i started a group of survivors. senators, nursing for giving me this opportunity to talk about college campus assault. i can't -- thank you for giving

to talkopportunity about college campus assault. fine schools auto compliance with title ix. we need the full removal of federal funds. schools auto compliance must be punished to signal their failure and also to prevent schools from becoming repeat offenders. that -- no fines were levied. secondly, congress must compel the department of education to continuously release a list of schools with complaints.

tough university was under investigation when i was applying to schools and i made the choice to go without investigation. ft was underaped, tu investigation and i still didn't know. might have, i attended a different school. perhaps i might have attended tuft just the same. still, i wish i had known they were under investigation when it began going through my campus judicial process so i could have some preparation for the humiliation i would endure at the hands of administrators that i trusted to protect me. they didn't protect me and i had no cause to suspect anything but support from them. i was thrilled to see that ocr recently released a list of schools currently under investigation. that must become the norm. lee's compel them to continuously and publicly

release the names of schools under investigation that my experience can soon become an outlier and not stay the norm. the partner didn't use physical force at first. indeed, he didn't use physical force until the last day of our relationship. in the weeks leading up to that moment, he would inflict psychological abuse. an outburst here and there and it's all here and put down their -- insult here and put down there. the effects are just as bad as any bruiser broken bone. 99% of survivors of domestic violence experience different kinds of abuse. have the authority to expand the definition of dating domestic violence to include emotional, psychological, and economic abuse without the statute stating as much. please state as much. policies and form expectations of culture. education should not be wait

until you have a hospitalization under your belt before you could see justice. myself identity as a rape survivor is not a reflection. it is time for congress to standardize rules so they apply equally to male survivors. for gay and bisexual men is 30%. for lesbians and bisexual, it it different percentage. of transsexual experience violence in their lifetime. it is staggering. local,icies of the state, and federal level fail to see justice. it's failure perpetuates the silence of survivors and prevents queer college students from being able to fully access their college education. cease to be an issue.

all students have a right to education. ignoring marginalized identities , members, thank you for including me in this opportunity to provide testimony. and inclusive policies are a must for institutions of higher education and for the federal government. thank you. >> think you come in mr. kelly, for being here and being so forthright in your testimony. >> good morning. .hank you i'm from the university of new hampshire. preventionirector of innovation research and practices for ending violence against women. tois an honor to be asked testify before the house committee on an issue that has been an important art of both my

personal and professional lives in the past 30 years. our organization is made up of people who work together to create and evaluate, and disseminate evidence-based prevention and responses to sexual and relationship violence and stalking. we are investing in building the capacity to respond to survivors and measure climate and incidents and prevent violence and apply with recent federal laws and mandates. we believe that to truly end sexual violence on campus, we must understand what works in prevention and response. if value effectiveness and document climate incidents and readiness to change and that has bestence practices. i have had the opportunity to witness a dramatic shift in prevention approaches. in the early days, we attempted to end the problem by educating

people about the facts and risk reduction. talking to women on how they can stay safe and asking men to please don't rate. -- rape. by standard intervention is a different approach. they're not approach as victims or potential victims and men are not approach as river traders or potential perpetrators. play in has a role to ending sexual violence and stalking. we have developed and evaluated and implemented by standard intervention strategies where we teach college students, staff, administrators to safely intervene before, during, and after instances of sexual and relationship violence and stalking. prevention innovation bystander intervention strategies include bringing in the by standard and

the program and to know your power, a bystander intervention social marketing campaign. both have been proven to reduce acceptance andpe , increase behaviors people's willingness to intervene before, during, and after. increase people's self-reported bystander behavior. our prevention strategy has been developed with considerable input from student, staff, and faculty and representing a diversity of backgrounds and has been adopted by colleges and universities across the country and adapted for the u.s. army. administered unwanted sexual -- study. ourmpuswide survey measures male and female undergraduate

students experiences of unwanted sexual intercourse and sexual contact. the survey incorporated questions related to relationship violence and stalking. it included participants from 8 lingering colleges and universities. i colleagues developed and evaluated a community readiness to engage the survey. for campuses to measure the community measured ness and social norms and policies and practices to prevent sexual elation ships and -- relationships and stalking. there's an effort to provide technical assistance to colleges and universities as they were to meet legislative requirements to reduce campus sexual and relationship violence. finally, they have been asked by the white house task force to protect students from sexual assault on campus and conduct a study on sexual assault wallace e education for first-year students.

i'm delighted to see the extent of which the u.s. department of education through title ix and how they have prioritized campus safety. not only related to sexual assault, but also dating and domestic violence and stalking. when discussing these important reforms, it is important to remember that there are multiple forms of violence and not just a focus on sexual assault, as well as an acknowledged of survivors. -- sensitivendate and confidential support services for survivors and prevention education are essential to stopping these preventable offenses. all of the recent federal mandates by colleges -- hold colleges and universities accountable and ensure safety and dependability on campuses. for some, this build upon work

and service and policies they have begun to develop and implement. for many campuses, these mandates provide an opportunity to have -- to work for the first time you're thinking about how the federal law needs to be reformed to strengthen and to jesse's issues, i suggest federal regulations -- address these issues, i suggest federal regulations. have strategies and responses dating violence, sexual assault, and stalking. a communitywide prevention that engages all members of the campus community, including undergraduate students, staff, faculty, administrators, errands, community members, businesses, and alumni. conduct regular studies that measure the extent and nature of the problems of sexual relationship violence and stalking. i'm a study results should be made public both -- climate

study results should be made public. they must and can utilize uniform questions. strategies that are scientifically evaluated and research informed. too many quick solutions are popping up everywhere. with fort companies its are seizing the opportunity to make money off recent federal mandates. it is not research informed or evidence-based. this is problematic. we must assess campus readiness to change. -- fall inllow responses. we must have advocacy for survivors. campuses need to identify and advertise on campus come potential support and partner with community-based crisis centers to provide support for

survivors and evidence-based prevention. most importantly, everything and everyone needs to keep survivors in the center of all prevention response and compliance strategies. i would echo the discussion on the need of the department of education to identify a grant focused on dating and domestic violence, sexual assault, and stalking. here.you for inviting me i would be happy to answer any of your questions. >> enqueue unit we will try to do -- thank you. we will try to do a quick around. we started at 11:45. we have about 15 more minutes. let me ask you -- do we have any information, data, on college orientation. do college have sections on sexual assault? other forms of violence that you point out.

it is not just sexual assault. use other forms of violence. it could be stalking or intimidation. in terms of that type of intimidation of students. do we have any data? outline primary prevention programs for dating and domestic violence and sexual assault and stalking. we have no data here it that is what we have been asked to do a study on for the white house task force. >> when will that be done by? >> it is a campuswide study involving seven campuses. we are conducting it in september it we will report to the white house in january. >> you are also a survivor of assault. night your testimony last . it seems to me we have a little bit of a difference here.

maybe we could work this out. -- are basically advocating let me get this here -- you're basically advocating that we have different levels of sanctions and maintain a range of sanctions so not to deter survivors from reporting. were talkingat we -- gets into is what we were talking about. maybe the survivor doesn't want to push it that far. i'm a little confused myself. i agree that you don't want to permit a perpetrator who is guilty of a felony and who might be a serial perpetrator from law.ing the provisions of

on the other hand, you are saying there ought to be other approaches. could you help me think this through? maintaining a range of sanctions offer survivors a range of different outcomes. -- that is notis to say once the disciplinary proceeding begins that the survivor maintains the same goals our wishes. they could change intentions over time. any victims feel a lot of self blame -- many victims feel a lot of self blame. the range of sanctions is a comfort in some ways. it allows the schools to act. when the school has initiated the formal proceeding, it is entirely possible they could determine a hostile environment exist regardless of what the survivor wants and would be able to work with that person to say,

i know you didn't want to see them expelled, but we think they pose a threat to other students and so we have to take that action. it is a way to cooperate with survivors on their needs with and throughout that process but still allows the college to make choices that are best for the safety of the students as a whole. there is a risk that mandatory reporting would detour people from reporting. -- deter people from reporting. in the again, sanctions of the office of civil rights and what they could levy against his intrusions, informing -- against institutions, informed me about

-- theymight see this could threaten to take away the funds are go to the police and have this person prosecuted as a criminal. are there other things that we need to be looking at here and approaches as it pertains to the gay and lesbian committee? >> thank you for your questions. in the testimony that i provided , what makes the most sense is to provide the office of civil rights with numerous avenues for clients and for the punishment of noncompliance. it is cool is found out of compliance, the only option is the full removal of underfunding or no funds at all. there needs to be some sort of middle ground here. theents have been using query ask so much more.

but it's not tied to the schools. it is one standard set fine that is pretty low and doesn't have an effect on the schools. what makes the most sense is to have fines tied to a schools yearly operating budget or a schools funds in some way so you see fines that are not unduly affecting small campuses. the small, for-profit schools. he was at that. but also he school like the university of michigan -- something small like that. but also schools like the university of michigan we have many scholars. you'll find that it does have some effect. i think that is important. >> you agree with that? >> i absolutely agree.

basis, they-year could be taxable or cooperate with the current resolution agreement -- fox will or -- flexible or cooperate with the current resolution agreement. it would really push compliance in a way that is voluntary and in good faith. it would have -- >> what do you think about? >> i would like to see the discussion focused on prevention as well. >> ok. got that. >> it we are really looking to truly stop the problems, we want to have survivors and the response to the survivors and unification and we need to focus on solving the problem. >> i agree. colleges need to set a better structures. orientations. they need structures in place that informs students as to what violence is. stalking and intimidation.

>> yes. the statistics is that the query statistics -- >> say that again. >> the query statistics are reports that come through the university to formal structures so that on many campuses it is the campus police or the dean of students office. what we found in our climate studies that we do is that actually a very small percentage of students who report their sexual assault experiences actually report to those structures. students are more likely to report to a friend or their roommate. that is why i think bystander intervention is so important and it is important to release the findings of those climate studies so when prospective students and their families look

at the query statistics and they say this is really low, it is not necessarily because of what is happening on the campus. the study would give a much more comprehensive use of what is ofpening on that -- views what is happening on the campus. >> i want to start by thanking this panel for your testimony, particularly those of you survivors who have had something rible and have turned into advocacy and support for others. i want to continue to highlight one aspect of the issue of cap the sexual assaults, the one that mr. kelly spoke to in his testimony. that of dbte impact community. same-sex sexual violence has not always been taken seriously by law enforcement and there is a social stigma and discrimination

means that many in the community are reluctant to report it as they have been victims of crime. there requires hate crimes and gender identity. there are no federal law that specifically addresses discrimination in education based on sexual orientation and gender identity. as you heard earlier today with senator murray's questioning that she and i and other colleagues have introduced theslation called anti-harassment act which would require colleges and universities to address harassment, including cyber sex, sexualed on orientation, gender identity, and other characteristics.

this would add to the important detections that we are ready discussing today and are on the books to ensure that colleges and universities take steps to -- i would like to hear from the panel. i know you outline some very specific things in your written testimony. are there other ways in which congress and the administration can better ensure that our response to cap the sexual assault and other forms of campus violence is truly inclusive of the lgbt community? >> they do so much for your questions and thank you for your -- thank you so much for your questions and thank you for your work. it is credibly -- incredibly important. we talk about the harassment that students have occurred to wem in a similar way that talk about sex discrimination

under title ix as including sexual harassment and sexual talk about think you the sexual discrimination the students face. the unfortunate reality is hate crime still happen on campus. the unfortunate reality is violence within the i think that making sure policies cater specifically to those who have been most often hurt by it is the best place to start. you know, i know there's been a lot of talk about the place of the criminal justice system here. i tried to go to the justice system but i have an unwinnable case because i'm a male and so i could never prosecute against my assailant. and we need to be talking about how better to have state legislation, how better to have, you know, local legislation that expands definitions of sexual violence to include, you know, male survivors and survivors of same-sex sexual assault. some of the states the