
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC14012]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
         CHAPTER 136--VIOLENT CRIME CONTROL AND LAW ENFORCEMENT
 
                 SUBCHAPTER III--VIOLENCE AGAINST WOMEN
 
             Part E--Violence Against Women Act Improvements
 
Sec. 14012. National baseline study on campus sexual assault


(a) Study

    The Attorney General, in consultation with the Secretary of 
Education, shall provide for a national baseline study to examine the 
scope of the problem of campus sexual assaults and the effectiveness of 
institutional and legal policies in addressing such crimes and 
protecting victims. The Attorney General may utilize the Bureau of 
Justice Statistics, the National Institute of Justice, and the Office 
for Victims of Crime in carrying out this section.

(b) Report

    Based on the study required by subsection (a) of this section and 
data collected under the Student Right-To-Know and Campus Security Act 
(20 U.S.C. 1001 note; Public Law 101-542) and amendments made by that 
Act, the Attorney General shall prepare a report including an analysis 
of--
        (1) the number of reported allegations and estimated number of 
    unreported allegations of campus sexual assaults, and to whom the 
    allegations are reported (including authorities of the educational 
    institution, sexual assault victim service entities, and local 
    criminal authorities);
        (2) the number of campus sexual assault allegations reported to 
    authorities of educational institutions which are reported to 
    criminal authorities;
        (3) the number of campus sexual assault allegations that result 
    in criminal prosecution in comparison with the number of non-campus 
    sexual assault allegations that result in criminal prosecution;
        (4) Federal and State laws or regulations pertaining 
    specifically to campus sexual assaults;
        (5) the adequacy of policies and practices of educational 
    institutions in addressing campus sexual assaults and protecting 
    victims, including consideration of--
            (A) the security measures in effect at educational 
        institutions, such as utilization of campus police and security 
        guards, control over access to grounds and buildings, 
        supervision of student activities and student living 
        arrangements, control over the consumption of alcohol by 
        students, lighting, and the availability of escort services;
            (B) the articulation and communication to students of the 
        institution's policies concerning sexual assaults;
            (C) policies and practices that may prevent or discourage 
        the reporting of campus sexual assaults to local criminal 
        authorities, or that may otherwise obstruct justice or interfere 
        with the prosecution of perpetrators of campus sexual assaults;
            (D) the nature and availability of victim services for 
        victims of campus sexual assaults;
            (E) the ability of educational institutions' disciplinary 
        processes to address allegations of sexual assault adequately 
        and fairly;
            (F) measures that are taken to ensure that victims are free 
        of unwanted contact with alleged assailants, and disciplinary 
        sanctions that are imposed when a sexual assault is determined 
        to have occurred; and
            (G) the grounds on which educational institutions are 
        subject to lawsuits based on campus sexual assaults, the 
        resolution of these cases, and measures that can be taken to 
        avoid the likelihood of lawsuits and civil liability;

        (6) in conjunction with the report produced by the Department of 
    Education in coordination with institutions of education under the 
    Student Right-To-Know and Campus Security Act (20 U.S.C. 1001 note; 
    Public Law 101-542) and amendments made by that Act, an assessment 
    of the policies and practices of educational institutions that are 
    of greatest effectiveness in addressing campus sexual assaults and 
    protecting victims, including policies and practices relating to the 
    particular issues described in paragraph (5); and
        (7) any recommendations the Attorney General may have for 
    reforms to address campus sexual assaults and protect victims more 
    effectively, and any other matters that the Attorney General deems 
    relevant to the subject of the study and report required by this 
    section.

(c) Submission of report

    The report required by subsection (b) of this section shall be 
submitted to the Congress no later than September 1, 1996.

(d) ``Campus sexual assaults'' defined

    For purposes of this section, ``campus sexual assaults'' includes 
sexual assaults occurring at institutions of postsecondary education and 
sexual assaults committed against or by students or employees of such 
institutions.

(e) Authorization of appropriations

    There are authorized to be appropriated to carry out the study 
required by this section--$200,000 for fiscal year 1996.

(Pub. L. 103-322, title IV, Sec. 40506, Sept. 13, 1994, 108 Stat. 1948.)

                       References in Text

    The Student Right-To-Know and Campus Security Act, referred to in 
subsec. (b), is Pub. L. 101-542, Nov. 8, 1990, 104 Stat. 2381, as 
amended, which amended sections 1085, 1092, 1094, and 1232g of Title 20, 
Education, and enacted provisions set out as notes under sections 1001 
and 1092 of Title 20. For complete classification of this Act to the 
Code, see Short Title of 1990 Amendments note set out under section 1001 
of Title 20 and Tables.

                  Section Referred to in Other Sections

    This section is referred to in section 14214 of this title.
