October 29, 2015 Dear Representative, The National Task Force to End Sexual and Domestic Violence Against Women (NTF) represents a large and diverse group of national, tribal, state, territorial, and local organizations, as well as individuals, committed to securing an end to violence against women. Along with our coalition partners we include civil rights organizations, labor unions, advocates for children and youth, anti‐poverty groups, immigrant and refugee rights organizations, women’s rights leaders, education groups, and others focusing on a wide range of social, economic, and racial justice issues. The advocates, service providers, and stakeholders in our networks see every day the widespread and devastating impacts of campus sexual assault upon survivors. College sexual assault survivors suffer high rates of PTSD, depression, and drug or alcohol abuse, which can hamper both their ability to succeed in school and future employment. At the same time, only a small percentage of these cases are reported, sanctioned by campus judicial boards, or prosecuted, allowing offenders to go without punishment as well as creating an unsafe environment for students. The NTF and the over 220 undersigned organizations write to express our opposition to the Safe Campus Act of 2015 (H.R. 3403) and the Fair Campus Act of 2015 (H.R. 3408). Both bills threaten to undermine the protections of Title IX and the critical progress policy makers, universities, advocates, students and survivors are making to end the scourge of sexual assault on campus. Every student has a right to an education free from sexual harassment and violence. When campus environments are hostile because of sexual harassment, assault, or violence, students cannot learn and miss out on true educational opportunities. In order to encourage educational attainment, we must expand options for survivors, rather than limit them. Sexual violence is prevalent at all colleges and universities and impacts all students, but even one incident is one too many. In addition, it remains a seriously underreported crime. The Safe Campus Act and the Fair Campus Act will not help in solving these problems and will, in fact, make campuses less safe for survivors. The Safe Campus Act inappropriately conflates the roles of colleges and universities and the criminal justice system in responding to campus sexual violence, while claiming to support a more fair process. Requiring schools to wait until law enforcement acts, even if only at the behest of the survivor, ignores the actions schools can and must take to combat sexual violence. Current laws such as Title IX require schools to respond to campus sexual assault because students' civil rights are on the line. Additionally, schools also have a role in addressing sexual harassment and violence on campus because they are best equipped to provide interim measures and accommodations. Accommodations such as class schedule or housing changes, for instance, are necessary to survivors’ ability to complete their education. Schools are also best situated to assess and remedy such incidents, in an administrative setting and according to their established student codes of conduct and anti-discrimination policies. Appropriately, schools are not in the business of imposing criminal punishments. Those decisions are left to the authorities in charge of criminal investigation and prosecution, if a survivor chooses to pursue that course. The school's civil rights investigation and any law enforcement criminal investigation represent parallel and equally necessary paths. We completely reject the argument that only one system in our nation should be held accountable for keeping young people safe from sexual violence. We all want a robust criminal justice response to rape. The criminal justice system does not operate in a vacuum and all systems where our young people learn and grow and live–communities of faith, neighborhoods, the military, schools, and institutions of higher learning—must address this tragic problem that traumatizes so many. By requiring the criminal process to move forward in order for survivors to have access to the disciplinary process on campus, the Safe Campus Act limits the options campus sexual assault survivors have and makes it more difficult for them to seek justice. In addition, both the Safe Campus Act and the Fair Campus Act would require changes to schools’ disciplinary processes that would be overly onerous when incidents of sexual violence occur. We oppose these provisions, which would allow institutions to determine their own burden of proof and allow offenders and offenders' attorneys unfettered and inappropriate access to question survivors and to information about survivors. Specifically, we oppose altering the burden of proof that schools use in disciplinary proceedings related to sexual discrimination, including harassment and violence, because these are not criminal trials. The currently used preponderance standard is in keeping with other similar civil and administrative proceedings. There is ample legal precedent for administrative responses to sexual misconduct in noneducational settings. Under Title VII, employers—including colleges and universities— must conduct their own investigations of sexual harassment complaints and take remedial actions, often including terminating an employee found responsible for harassment. We additionally oppose provisions in both bills that prevent institutions from acting quickly to sanction student groups that engage in discriminatory and abusive behavior. Such interim measures can be key to alleviating a hostile environment on campus even while investigations are ongoing. We are eager to work together to stop sexual violence on campus but oppose both the Safe Campus Act and the Fair Campus Act for taking a misguided approach to tackling the issue. If you have any questions please contact Terri Poore with the National Alliance to End Sexual Violence, terri@endsexualviolence.org, or Anne Hedgepeth with the American Association of University Women, 202/785-7724 or hedgepetha@aauw.org. Sincerely, National Organizations All Women Marching for Hope American Association of University Women (AAUW) American Federation of Teachers Asian Pacific Institute on Gender-Based Violence Casa de Esperanza: National Latin@ Network Center for Women Policy Studies Champion Women Clearinghouse on Women's Issues Clery Center for Security On Campus End Rape On Campus Futures Without Violence General Federation of Women's Clubs Human Rights Campaign Hu-MAN Up JWI Legal Momentum Media Equity Collaborative National Alliance for Partnerships in Equity National Alliance to End Sexual Violence National Center for Victims of Crime National Coalition Against Domestic Violence National Coalition for Women and Girls in Education (NCWGE) National Coalition of Anti-Violence Programs (NCAVP) National Council of Jewish Women National Domestic Violence Hotline National Network to End Domestic Violence (NNEDV) National Organization for Women National Resource Center on Domestic Violence National Women's Law Center National Women's Political Caucus NOW’s First Virtual Chapter - Young Feminists & Allies (YFA) National Sexual Violence Resource Center Peace Over Violence SASHA Center SurvJustice The Network/La Red The TheoPRO Group Victim Rights Law Center YWCA USA State and Local Organizations Alabama Victims of Crime & Leniency, Central Alabama Chapter Alaska Alaska Network on Domestic Violence & Sexual Assault Arizona Arizona Coalition to End Sexual and Domestic Violence Catholic Community Services Arkansas Arkansas Coalition Against Sexual Assault Family Violence Prevention, Inc. Women & Children First California California Coalition Against Sexual Assault California Partnership to End Domestic Violence California Women's Law Center Monterey County Rape Crisis Center Rape Crisis Intervention & Prevention Santa Barbara Rape Crisis Center Sherwood Artworks, Inc. Colorado Justice & Mercy Legal Aid Clinic RESPONSE Safehouse Progressive Alliance for Nonviolence The Phoenix Center at Auraria Zonta Royal Gorge Region Connecticut Center for Family Justice Chrysalis Domestic Violence Services CONNSACS Susan B. Anthony Project, Inc. The Center for Family Justice The Center for Sexual Assault Crisis Counseling and Education Women's Center of Greater Danbury, Inc. YWCA New Britain District of Columbia DC Rape Crisis Center Florida Brevard NOW Florida Council Against Sexual Violence Georgia Ahimsa House Educating Georgians for Gun Safety Georgia Coalition Against Domestic Violence Georgia Rural Urban Summit Rape Response Illinois Call for Help, Inc. Chicago Alliance Against Sexual Exploitation Community Crisis Center Growing Strong Sexual Assault Center Guardian Angel Community Services Illinois Coalition Against Domestic Violence Illinois Coalition Against Sexual Assault KC-CASA Pillars Rape Advocacy, Counseling, & Education Services Rape Victim Advocates Rockford Sexual Assault Counseling SafePath Survivor Resources Sexual Assault Counseling and Information Service West Suburban NOW Western Illinois Regional Council/Community Action Agency Indiana A Better Way Services, Inc. Iowa CAASA Cedar Valley Friends of the Family Council on Sexual Assault & Domestic Violence Crisis Intervention Service Crisis Intervention Services Domestic Violence Intervention Program Iowa Coalition Against Sexual Assault SafePath Survivor Resources Kansas Family Crisis Center, Inc. Harvey County DV/SA Task Force, Inc. Kansas Coalition Against Sexual and Domestic Violence LARC DVS Inc. SOS Maine Family Crisis Services Maine Coalition Against Sexual Assault Sexual Assault Prevention and Response Services Maryland Dove Center Empowerment Center Life Crisis Center, Inc. Maryland Crime Victims Resource Center Inc. The Women's Law Center of Maryland Maryland Coalition Against Sexual Assault Massachusetts Jane Doe Inc., MA Coalition Against Sexual Assault & Domestic Violence Michigan Equality Michigan Michigan Coalition to End Domestic & Sexual Violence Turning Point YWCA of Kalamazoo Minnesota Bluff Country Family Resources, Inc. HOPE Coalition Minnesota Coalition Against Sexual Assault North Shore Horizons SCSU Women's Center Sexual Violence Center The Aurora Center, University of Minnesota, Twin Cities Mississippi MS Coalition Against Domestic Violence MS Coalition Against Sexual Assault Missouri Missouri Coalition Against Domestic and Sexual Violence Missouri Women's Political Caucus Montana HRDC Montana Coalition Against Domestic and Sexual Violence Nebraska Nebraska Coalition to End Sexual and Domestic Violence Nevada Nevada Network Against Domestic Violence New Hampshire Bridges New Jersey Displaced Homemakers Network of New Jersey, Inc. Middlesex Co NOW-NJ National Organization for Women of New Jersey (NOW-NJ) Northern NJ Chapter, National Organization for Women Ocean County (NJ) NOW New Mexico Family Crisis Center New York Day One New York State Coalition Against Sexual Assault North Carolina A Safe Home for Everyone Black and Bling North Carolina Coalition Against Domestic Violence North Dakota CAWS North Dakota Community Violence Intervention Center Ohio ACTION OHIO Coalition For Battered Women COMPASS (Sexual Assault Education, Prevention & Support) Crime Victim Services, Staff member Liberty Center Connections, Inc, Every Woman's House Ohio Alliance to End Sexual Violence Ohio Domestic Violence Network Open Arms Domestic Violence and Rape Crisis Services Project Woman Rape Crisis Domestic Violence Safe Haven Southern Ohio Sexual Assault Treatment Center Survivor Advocacy Outreach Program Tri-County Help Center, Inc. Oregon Central Oregon Coast NOW Oregon NOW (National Organization for Women) Pennsylvania Centre Co. Women's Resource Center Clinton County Women's Center Crime Victim Center of Erie County, Inc. Ni-ta-nee NOW Pennsylvania Coalition Against Domestic Violence Pennsylvania Coalition Against Rape (PCAR) Pennsylvania NOW SAFE SARCC The Abuse Network, Inc. Transitions of PA VOICE WOAR Women In Need Women In Transition Women's Center of Beaver County Women's Law Project Women's Resource Center YWCA Carlisle Rhode Island Day One RI Coalition Against Domestic Violence RI NOW Tennessee CEASE Domestic Violence and Sexual Assault Inc. Family Resource Agency Partnership for Families, Children and Adults, Inc. Tennessee Coalition to End Domestic and Sexual Violence Texas Concho Valley Rape Crisis Center Our Voices Resource Center Texas Association Against Sexual Assault Utah Restoring Ancestral Winds Virginia Blue Ridge AAF. Inc. Charlottesville National Organization for Women Virginia Sexual and Domestic Violence Action Alliance Washington Forks Abuse Program King County Coalition Against Domestic Violence NOW Tacoma Chapter Seattle Chapter - National Organization for Women Thurston County National Organization for Women Washington Coalition of Sexual Assault Programs Washington State Coalition Against Domestic Violence Washington State National Organization for Women West Virginia CONTACT Shenandoah Women's Center The Family Refuge Center West Virginia Foundation for Rape Information and Services Women's Aid in Crisis Wisconsin Daystar Inc End Domestic Abuse Wisconsin Family & Children Center Family Advocates, Inc. Friends of Abused Families Milwaukee Center for Children and Youth PADA PAVEDC Personal Development Center Red Cliff Band of Lake Superior Family Violence Prevention Safe Harbor of Sheboygan, Inc. The Bridge to Hope Wisconsin Coalition Against Sexual Assault (WCASA)