State, Federal Sexual Assault Bills to Better Protect Students in Limbo

RICHMOND, Va. — Federal and state lawmakers have introduced legislation to strengthen support for and better protect sexual assault victims on college campuses, but the progress has been stagnant.

A congressional bill introduced by a Virginia senator previously died and was reintroduced, but it is still in committee.

A bill in the General Assembly recently died, with the final decision to kill it happening just months after Liberty University received the largest fine ever issued for breaking the Jeanne Clery Disclosure of Campus Security Act.

S.5086 – SOS Campus Act

Sen. Tim Kaine, D-Va., reintroduced a proposal in September after an earlier version died in the last session of Congress. This bill amends the Higher Education Act of 1965, which, among other things, created the Jeanne Clery Disclosure of Campus Security Act.

The act requires higher education institutions to provide support for victims of violent crimes and to make publicly available campus crime statistics and institutional policies for campus safety, according to the Clery Center.

Kaine’s bill would require schools that receive federal funding to appoint an advocate, independent of the institution, who guides victims of sexual assault throughout the process. This would include better connection to available resources, emotional counseling and protection for the student from more harm – such as disciplinary action or penalization for reporting the incident.

The bill requires the advocate to report incidents to an investigative body and submit an annual report to the learning institution with the number of victims and how each resource was used.

The SOS Campus Act was referred to the Senate Health, Education, Labor and Pensions Committee, according to Kaine.

The inspiration for the legislation is to protect the rights of students to feel safe on campus, according to Kaine.

“That’s why I’ve worked on legislation, including the SOS Campus Act, to prevent sexual assault and support survivors,” Kaine stated. “I will keep working to garner support among my colleagues for the SOS Campus Act and work to get it passed and signed into law.”

HB 369 – Sexual Misconduct Policies and Task Force

Del. Marty Martinez, D-Loudoun, introduced House Bill 369, which had similar objectives to Kaine’s bill, to update sexual misconduct policies and increase accountability for institutions.

The bill was introduced in the 2024 General Assembly session, but a Rules subcommittee continued the bill to the 2025 session. The bill was officially left in that committee on Nov. 18, effectively killing it.

The bill would create a task force which produced an annual climate survey, install a crisis center, establish a designated confidential adviser on all campuses and impose civil penalties for institutions that violate the proposed guidelines.

The State Council of Higher Education for Virginia would appoint the task force, whose charge would be to create a base sexual misconduct campus climate survey, according to SCHEV communications director Bob Spieldenner. This survey would be distributed to all institutions across the state, which would be a routine task for SCHEV, he said.

Schools could tailor the survey with campus-specific questions before sending them to students, according to the bill. The results would be shared with SCHEV and posted online within about four months for public viewing, along with the institution’s website.

The bill required for-profit, private institutions to have a designated crisis center with a confidential, independent advocate to provide support to victims of sexual assault and direct them on the next steps. This is something that nonprofit, private universities are already required to do.

The bill also created accountability on institutions to report alleged incidents and investigations. If an institution did not take any action “after reasonable notice and opportunity for a hearing,” then they would be fined up to $150,000 (or 1% of institution’s annual operating budget, whichever is lower) for each violation.

Del. Dan Helmer, D-Fairfax, was a co-patron of the measure. The bill was a step toward the ultimate goal of every individual to feel safe at their school, he stated.

“Virginia’s students have one job — to learn,” Helmer stated. “And as legislators, it’s our job to protect them when our schools won’t.”

Neither Martinez nor Helmer responded when asked if they had plans to reintroduce this bill or similar legislation.

Liberty University Shows Cracks In System

Liberty University, a Christian school in Lynchburg, reached a $14 million settlement agreement with the U.S. Department of Education over Clery Act violations, according to Liberty University. The institution was required to make a $2 million investment into safety improvements.

The U.S. Department of Education found, in an over 100-page report, that between 2016-2023, Liberty University failed to disclose information related to crimes, including sexual assaults, that occurred on campus.

By Anna West
VCU Capital News Service

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