February 26, 2018
The Honorable Gregory H. Hughes, Speaker
Utah House of Representatives
Salt Lake City, UT 84114
Dear Speaker Hughes:
I was one of the primary national experts consulted by The Salt Lake Tribune for their Pulitzer Prize winning 2016 series investigating rapes at Utah colleges, and am greatly concerned that state policy makers may have incorrectly concluded that HB 254’s forced reporting provisions could be an effective solution to those problems. Notably, allegations against Utah State University (USU) student Torrey Green were reported to the Logan Police Department on four separate occasions without effective action to address those allegations being taken by anyone. Also, USU is now facing a U.S. Department of Justice investigation, and a private lawsuit concerning their compliance with existing federal Title IX obligations that are designed to require actions to be taken to protect survivors and others on campus.
Better support for survivors not mandatory reporting is the key to both getting them the help they need, and to increasing reporting so that justice can be served. Since we as a nation have adopted this perspective the number of reported forcible sex crimes on campus increased from 2,200 in 2001 to 6,700 in 2014, a 205 percent increase, according to the U.S. Department of Education. Know Your IX and the National Alliance to End Sexual Violence (NAESV) conducted an online survey to gauge survivors’ beliefs about the criminal justice system, victim autonomy, and reporting. Eighty-eight percent (88%) said that, were campuses required to turn rape reports over to the police (without survivors’ consent), they believe fewer victims would report to anyone at all.
Finally, HB 254 is at odds with requirements in the federal Jeanne Clery Act that afford adult survivors at colleges and universities with the rights to “Be assisted by campus authorities in notifying law enforcement authorities if the victim so chooses” or to “Decline to notify such authorities”.
HB 254 is bad policy that will disempower survivors, re-victimize them, and lead to less not more reporting. It will not make campuses safer. I would ask you to please oppose this measure, and encourage your colleagues to do likewise.
Sincerely,
S. Daniel Carter, President
Safety Advisors for Educational Campuses, LLC
Source: https://twitter.com/sdcartertn/status/967840388680646658
