ms. samuels to comment, but i will tell you this, there are some hardheaded folks. i won't look at jon tester when i say that, but there are some hardheaded folks of would say guidance is not necessarily persuasive if they want to follow a different path. i mean, we need to codify it if you wanted to be enforceable. >> i agree, especially if we want it to last forever on not change. that don't want schools to get the message that there are accountable to the apartment of the administration of the the proper the justice. i don't want us to lose sight of that, but at the end of the day, anything to make sure that it remains the standard sounds like a great idea. >> and here is the problem -- and we have gone round and round about this. we are struggling with this. i know that the department of justice, the apartment of education carry a big stake and when they are responding to a complaint there is always media attention so that the university campuses are under a great deal of pressure to rise to the occasion and show the community that they will do the right thing a

ms. samuels would like to take a moment to introduce herself. i am so pleased she is here today. it is extraordinary she is participating along with all of be in a way that we can collaborative and cooperative and it really signifies how --ious this administration, how much they care about this issue. what are you take a moment to speak to the group. and we can continue. >> thank you. i am so pleased to be here today and with senator tester. i am so rageful to both of you for your commitment to this incredibly important issue and to all of you or your commitment for doing something to address the pervasive problem of sexual assault on campuses. as senator mccaskill said today, i am not able to address individual fact patterns or hypotheticals because we want to ensure we are able to conduct investigations of complaint and cases with the kind of independence we need to ensure respect within the ward system. i am delighted to be here to talk generally about this problem and answer whatever questions i can. need to tell any of you that sexual violence as a form of discrimination. it

ms. samuels, but the other is the whole confidentiality. and this is not for our guest from the department of justice, because she cannot comment on hypotheticals. but i want to give debra and katie a hypothetical and i would like kat to weigh in and wendy to weigh in and damon and jared, if you like. the ar in a dorm gets an e-mail from someone that she doesn't recognize the e-mail address. it doesn't disclose who the person is. but attached to the e-mail is a video, and the video shows someone in her dorm, passed out, being sexually assaulted by two or three young men. she recognizes the person in the video. she goes to the person in the video, and the person in the video, the victim, the survivor, says i don't want you to do anything. it's none of your business, i don't want to talk about it, you should delete the video and forget you ever saw it. now, i've read the q and a on confidentiality and safety on campus. what should that ra do with that video, if anything? >> so for most staff members, particularly housing students staff, it's