Although Tufts administrators and students have worked hard to create a revised sexual assault policy and adjudication process that better addresses the needs of the community, certain aspects of the new policy possibly conflict with federal statutes. Sexual assault is shockingly prevalent on college campuses and, unfortunately, Tufts is no exception. It is therefore vital that the university takes steps to protect victims and appropriately discipline perpetrators.
That being said, the possible failure of the university to fully adhere to federal regulations regarding reporting of crime statistics does not mean that it considers sexual assault a trivial matter. Instead, this discrepancy may be more indicative of the nuanced and at times conflicting nature of the federal laws themselves.
The fact that faculty, administrators and students are able to adjudicate cases of sexual assault is itself controversial. It is one thing for university police to have an on−campus drug and alcohol policy that operates outside of federal law, but sexual assault is a far more serious crime. The fact that universities deal with these would−be felonies outside of the court system raises important questions about how to appropriately protect victims and punish perpetrators.
Internal university proceedings for sexual assault cases are grounded in two federal statutes: Title IX and the Clery Act. Although Title IX is generally known for its stipulations about the equal funding of female and male sports teams, its provisions against gender discrimination also address sexual harassment, sexual assault and rape. The Clery Act is enforced by the Department of Education and requires all colleges and universities that participate in federal financial aid programs to keep and disclose information about crime on and near their respective campuses. Both of these laws require universities to ensure victims certain rights and respond to claims of sexual assault on their campuses.
As Tufts works to comply with Title IX and the Clery Act, the university is also required follow the provisions of The Family Educational Rights and Privacy Act (FERPA), which protects the privacy of student's education records. FERPA, however, does not clearly define what constitutes an "education record," and many college administrators have argued that it requires closed disciplinary proceedings for sexual assault and other alleged infractions. Though FERPA is designed to protect student privacy, in the context of sexual assault proceedings, it seems to conflict with legislation designed to protect victims.
In light of this complex legislation, Tufts faces an uphill battle as it works to formulate a sexual assault policy that fully complies with federal regulations. Sexual assault is a serious problem on college campuses, and it is important to resolve potential conflicts in federal legislation in order to assist universities in creating better policies. In the meantime, Tufts should continue to take steps to provide support and protection to victims of sexual assault while working to appropriately discipline perpetrators.
