WHITE HOUSE FACT SHEET ON SEXUAL ASSAULT ON COLLEGE CAMPUSES

April 29, 2014

FROM:  THE WHITE HOUSE 

FACT SHEET: Not Alone – Protecting Students from Sexual Assault

One in five women is sexually assaulted while in college.  Most often, it happens her freshman or sophomore year.  In the great majority of cases, it’s by someone she knows – and also most often, she does not report what happened.  And though fewer, men, too, are victimized.

The Administration is committed to putting an end to this violence. That’s why the President established the White House Task Force to Protect Students from Sexual Assault on January 22, 2014, with a mandate to strengthen federal enforcement efforts and provide schools with additional tools to combat sexual assault on their campuses. 

Today, the Task Force is announcing a series of actions to: (1)  identify the scope of the problem on college campuses, (2) help prevent campus sexual assault, (3) help schools respond effectively when a student is assaulted, and (4) improve, and make more transparent, the federal government’s enforcement efforts.  We will continue to pursue additional executive or legislative actions in the future.

These steps build on the Administration’s previous work to combat sexual assault.  The Task Force formulated its recommendations after a 90-day review period during which it heard from thousands of people from across the country -- via 27 online and in-person listening sessions and written comments from a wide variety of stakeholders.

Helping Schools Identify the Problem: Climate Surveys
As we know, campus sexual assault is chronically underreported – so victim reports don’t provide a fair measure of the problem.  A campus climate survey, however, can.  So, today:

• We are providing schools with a toolkit for developing and conducting a climate survey.  This survey has evidence-based sample questions that schools can use to gauge the prevalence of sexual assault on campus, test students’ attitudes and awareness about the issue, and craft solutions.  We call on schools to voluntarily conduct the climate survey next year and, based on what we learn, we will further refine the survey methodology.  This process will culminate in a survey for all schools to use.
• We will explore legislative or administrative options to require colleges and universities to conduct an evidence-based survey in 2016.  A mandate for schools to periodically conduct a climate survey will change the national dynamic: with a better picture of what’s really happening on campus, schools will be able to more effectively tackle the problem and measure the success of their efforts.   

Preventing Sexual Assault – and Bringing in the Bystander
The college years are formative for many students.  If we implement effective prevention programs, today’s students will leave college knowing that sexual assault is simply unacceptable.  And that, in itself, can create a sea change.

• The Centers for Disease Control and Prevention (CDC) conducted a systematic review of primary prevention strategies for reducing sexual violence, and is releasing an advance summary of its findings.  This review summarizes some of the best available research in the area, and highlights evidence-based prevention strategies that work, some that are promising, and those that don’t work.  The report points to steps colleges can take now to prevent sexual assault on their campuses.
• The CDC and the Justice Department’s Office on Violence Against Women will pilot and evaluate prevention strategies on college campuses.  This work will build on the CDC’s systematic review, and will identify and fill gaps in the research on sexual violence prevention.
• Getting Bystanders to Step In and Help Is a Promising Practice.  Bystander intervention programs work to change social norms, and teach everyone to speak out and intervene if someone is at risk of being assaulted.  These programs are among those the CDC found most promising. 

Helping Schools Respond Effectively When A Student is Sexually Assaulted: Confidentiality, Training, Better Investigations, and Community Partnerships
By law, schools that receive federal funds are obliged to protect students from sexual assault.  It is the Task Force’s mission to help schools meet not only the letter, but the spirit, of that obligation.  And that can mean a number of things – from giving a victim a confidential place to turn for advice and support, to providing specialized training for school officials, to effectively investigating and finding out what happened, to sanctioning the perpetrator, to doing everything we can to help a survivor recover. 

• Many survivors need someone to talk to in confidence.  While many survivors of sexual assault are ready to press forward with a formal complaint right away, others aren’t so sure.  For some, having a confidential place to go can mean the difference between getting help and staying silent.  Today, the Department of Education is releasing new guidance clarifying that on-campus counselors and advocates can talk to a survivor in confidence.  This support can help victims come forward, get help, and make a formal report if they choose to.
• We are providing a sample confidentiality and reporting policy.  Even victims who make a formal report may still request that the information be held in confidence, and that the school not investigate or take action against the perpetrator.   Schools, however, also have an obligation to keep the larger community safe.  To help them strike this balance, we are providing schools with a sample reporting and confidentiality policy, which recommends factors a school should consider in making this decision.
• We are providing specialized training for school officials.  School officials and first responders need to understand how sexual assault occurs, the tactics used by perpetrators, and the common reactions of victims.   The Justice Department will help by developing new training programs for campus officials involved in investigating and adjudicating sexual assault cases and by launching a technical assistance project for campus officials. The Department of Education will develop training materials for campus health center staff to improve services to victims.
• We will give schools guidance on how to improve their investigative and adjudicative protocols.  We need to know more about what investigative and adjudicative systems work best on campus.  The Justice Department will undertake this work, and will begin evaluating different models this year with the goal of identifying the most promising practices.  The Department of Education’s new guidance also urges some important improvements to the disciplinary process.
• We are helping schools forge partnerships with community resources.  Community partnerships are critical to getting survivors the help they need:  while some schools can provide comprehensive services on campus, others may need to partner with community-based organizations.  Rape crisis centers in particular can help schools better serve their students.  We are releasing a sample agreement between schools and rape crisis centers, so survivors have a full network of services in place. 

Improving and Making More Transparent Federal Enforcement Efforts
To better address sexual assault at our nation’s schools, the federal government needs to both strengthen our enforcement efforts and increase coordination among responsible agencies.  Importantly, we also need to improve communication with survivors, parents, school administrators, faculty, and the public, by making our efforts more transparent.

• On Tuesday, we are launching a dedicated website – www.NotAlone.gov – to make enforcement data public and to make other resources accessible to students and schools.  On the website, students can learn about their rights, search enforcement data, and read about how to file a complaint.  The website will also help schools and advocates:  it will make available federal guidance on legal obligations, best available evidence and research, and relevant legislation.  Finally, the website will have trustworthy resources from outside the federal government, such as hotline numbers and mental health services locatable by simply typing in a zip code.
• The Department of Education is providing more clarity on schools’ legal obligations.  The Department of Education is releasing answers to frequently asked questions about schools’ legal obligations to prevent and respond to sexual assault.  Among many other topics, the new guidance makes clear that federal law protects all students, regardless of sexual orientation or gender identity, immigration status, or whether they have a disability.  It also makes clear questions about a survivor’s sexual history with anyone other than the alleged perpetrator shouldn’t be permitted during a judicial hearing, and also that a previous sexual relationship doesn’t imply consent or preclude a finding of sexual violence.  And that schools should take steps to protect and assist a survivor pending an investigation.
• The Departments of Justice and Education have entered into an agreement clarifying each agency’s role.  Both agencies have a critical role to play in enforcing the laws that require schools to prevent and respond to sexual assault on their campuses.  The agencies have entered into a formal agreement to increase coordination and strengthen enforcement.

Next Steps
The action steps highlighted in this report are the initial phase of an ongoing plan and commitment to putting an end to this violence on campuses.  We will continue to work toward solutions, clarity, and better coordination. We will review the legal frameworks surrounding sexual assault for possible regulatory or statutory improvements, and seek new resources to enhance enforcement.  Campus law enforcement agencies have special expertise- and they, too, should be tapped to play a more central role.  And we will also consider how our recommendations apply to public elementary and secondary schools – and what more we can do to help there.

PRESIDENT OBAMA'S WEEKLY ADDRESS FOR JANUARY 25, 2014

FROM:  THE WHITE HOUSE 
Weekly Address: Taking Action to End Sexual Assault
Saturday, January 25, 2014.

WASHINGTON, DC—In his weekly address, President Obama said that the Administration has taken another important step to protect women at college by establishing the White House Task Force on Protecting Students from Sexual Assault. An estimated 1 in 5 women is sexually assaulted at college, and the President said that we will keep taking actions like strengthening the criminal justice system, reaching out to survivors, and changing social norms so that all Americans can feel safe and protected as they pursue their own piece of the American dream.


Remarks of President Barack Obama

Weekly Address

The White House

January 25, 2014

Hi, everybody.  This week, I called members of my Cabinet to the White House to deal with a challenge that affects so many families and communities – the crime, the outrage, of sexual violence.

Sexual assault is an affront to our basic decency and humanity.  And it’s about all of us – the safety of those we love most: our moms, our wives, our daughters and our sons.

Because when a child starts to question their self-worth after being abused, and maybe starts withdrawing… or a young woman drops out of school after being attacked… or a mother struggles to hold down a job and support her kids after an assault… it’s not just these individuals and their families who suffer.  Our communities – our whole country – is held back.

Over the past five years, we’ve stepped up our efforts stop these crimes.  And this week, we took another important step to protect young women at college.  An estimated 1 in 5 women is sexually assaulted at college – and that’s totally unacceptable.  So I’ve created the White House Task Force to Protect Students from Sexual Assault.  We’re going to help schools do a better job of preventing and responding to sexual assault on their campuses.  Because college should be a place where our young people feel secure and confident, so they can go as far as their talents will take them.

And we’re going to keep working to stop sexual assaults wherever they occur.  We’ll keep strengthening our criminal justice system, so police and prosecutors have the tools and training to prevent these crimes and bring perpetrators to justice.  We’ll keep reaching out to survivors, to make sure they’re getting all the support they need to heal.  We’re going to keep combating sexual assault in our armed forces, because when a member of our military is attacked by the very people he or she trusts and serves with, that’s an injustice that no one who volunteers to protect our nation should ever endure.

Some of this is a job for government.  But really, it’s up to all of us.  We’ve got to teach young people – men and women – to be brave enough to stand up and help put an end to these crimes.  We’ve especially got to teach young men to show women the respect they deserve.  I want every young man in America to know that real men don’t hurt women.  And those of us who are fathers have a special obligation to make sure every young man out there understands that being a man means recognizing sexual violence and being outraged by it, and doing their part to stop it.

Perhaps most important, we need to keep saying to anyone out there who has ever been assaulted:  you are not alone.  We have your back.  I’ve got your back.

I’m going to keep pushing for others to step up – across my administration, in Congress, in state capitals, college campuses and military bases all across our country.  This is a priority for me, not only as President and Commander-in-Chief, but as a husband and a father of two extraordinary girls.  And I hope it’s a priority for you.  Because here in the United States of America, every man and woman, every girl and boy, has the right to be safe and protected and to pursue their own piece of the American dream.

Let’s all do our part to make it happen.  Thanks, and have a great weekend.

TOP U.S. MILITARY LEADERS TELL SENATORS COMMANDERS SHOULD HAVE PROSECUTION AUTHORITY IN SEXUAL ASSAULT CASES

FROM:  U.S. DEPARTMENT OF DEFENSE
Commanders Should Retain Prosecution Authority, Leaders Say
By Jim Garamone
American Forces Press Service

WASHINGTON, July 18, 2013 - The nation's top military leaders told senators today that commanders should retain responsibility for prosecuting service members accused of sexual assault.

Army Gen. Martin E. Dempsey, the chairman of the Joint Chiefs of Staff, and Navy Adm. James A. Winnefeld Jr., the vice chairman, told the Senate Armed Services Committee that taking that authority away could harm good order and discipline.

Dempsey and Winnefeld are under Senate consideration for second two-year terms in their posts.

Keeping commanders in the process ensures there is an active deterrent to the crime, Winnefeld said. "Somebody who is contemplating a sexual assault knows that they're going to be caught, that they're going to be prosecuted, and if they're prosecuted, they're going to be punished," he said. "It's our strong view that the commander is responsible for that."

Dempsey told the senators that Army officials have looked at the numbers on sexual assault prosecutions over the past two years and found 35 cases in which civilian district attorneys refused to take sexual assault cases to court.

"And the chain of command in the military insisted that the case be taken inside the military chain of command," he said.

Of those cases, 25 resulted in a court-martial conviction.

"That's a 71 percent conviction rate," the chairman said. The civilian rate is between 18 and 22 percent.

Dempsey stressed that this was done because commanders insisted on taking these cases. "I worry that if we turn this over to somebody else, whether it's a civilian DA or an entity in the military, that they're going to make the same kind of decisions that those civilian prosecutors make," he said.

Commanders must be responsible for ensuring the command climate does not tolerate sexual assault in any manner, Winnefeld said.

"It's about teaching people what a heinous crime this is," he added. "It's about reporting it if you see it. It's about intervening if you see it about to happen -- a whole host of measures that commanders must take to establish the climate inside their commands."

The Marine Corps also had examples similar to the Army, the admiral said. The Marine Corps went back to 2010 and found 28 cases in which civilian prosecutors declined to take the case.

"Of those, 16 of them, the Marine Corps was able to obtain a conviction of court-martial -- 57 percent," Winnefeld said. "So those are 16 perpetrators that are no longer walking the street and 16 victims who received justice who would not have received it otherwise."

PROTOCOL FOR SEXUAL ASSAULT MEDICAL FORENSIC EXAMINATIONS

FROM: U.S. DEPARTMENT OF JUSTICE
Release of the Updated National Protocol for Sexual Assault Medical Forensic Examinations 2d

April 24th
Today, I was fortunate to join Attorney General Eric Holder, Acting Associate Attorney General Tony West, OVC Principal Deputy Director Joye Frost and OJP Acting Assistant Attorney General MaryLou Leary in honoring 12 extraordinary individuals at the Office for Victims of Crime’s National Crime Victims’ Service Awards Ceremony for demonstrating outstanding service in supporting crime victims and victim services. The ceremony also provided an opportunity to gather together and commemorate National Sexual Assault Awareness and Prevention Month (SAAM) and Denim Day. And we celebrated a long-awaited accomplishment – the release of the updated National Protocol for Sexual Assault Medical Forensic Examinations, Adult/Adolescent (SAFE Protocol, 2d.). The Attorney General’s announcement of the revised protocol is a tribute to victims of crime and to all of our partners working tirelessly on the front lines to support survivors.

In the nine years since the protocol was initially released, there have been marked improvements in the "state of the art" for forensic medical examinations. The revised edition maintains the same traditions of standardization, quality, and best practice as the first SAFE Protocol. Like the first edition, this newest version is an indispensable resource, updated with improvements to reflect current technology and practice.

"The SAFE protocol is crucial to our efforts to end sexual violence," said Attorney General Holder. "It is our responsibility to ensure that victims feel comfortable coming forward. The SAFE Protocol helps us coordinate and improve our response when these courageous individuals do seek help from first responders including nurses, doctors, advocates, law enforcement, and prosecutors."

The revised SAFE Protocol reflects the many important improvements that can help increase the quality of the services victims receive. There is information on populations with special needs, such as victims with limited English proficiency, victims with disabilities, American Indian and Alaska Native victims, victims in the Military, and lesbian, gay, bisexual, and transgender victims. The new version also provides more information on topics such as drug and alcohol facilitated sexual assault, pregnancy, confidentiality, and alternative reporting procedures. The revised version also increases the emphasis on victim-centered care and collaboration, including offering victims an informed choice about participating in the criminal justice system.

Advocates and practitioners who work with sexual assault survivors have a firsthand understanding of the importance of high-quality forensic evidence collection as specified in the SAFE Protocol. When these procedures are used, they make a difference. Sexual Assault Nurse Examiner (SANE) and Sexual Assault Forensic Examiner (SAFE) programs have been found to improve the quality of forensic evidence, improve law enforcement’s ability to collect information and to file charges, and increase the likelihood of successful prosecution. The updated SAFE Protocol is a tremendous victory for victims of sexual assault and the dedicated SAFEs, SANEs, advocates, law enforcement, and prosecutors that support victims and hold offenders accountable.

We know that SAFE and SANE programs positively impact the experience of victims. SAFEs and SANEs are specially trained to provide compassionate care for victims while collecting evidence that improves outcomes for victims, police, and prosecutors. One study found that sexual assault victims are more likely to engage in investigation and prosecution if they receive care at SANE programs.

PRESIDENT GIVES PRAISE FOR DEFENSE DEPARTMENTS SEXUAL ASSAULT POLICIES

FROM: AMERICAN FORCES PRESS SERVICE

President Praises Defense Leaders for Department's New Sexual Assault Policies

By John Valceanu

WASHINGTON, April 23, 2012 - President Barack Obama released a statement today praising the Defense Department's senior leaders for issuing new policies designed to combat sexual assault in the military.

"I applaud the initiatives that Secretary of Defense Leon E. Panetta and [Army] Gen. Martin Dempsey, the chairman of the Joint Chiefs of Staff, have announced to further combat sexual assault in the military," Obama said in the statement.

Under new policy guidance issued by Panetta on April 20, unit commanders at the company or squadron level no longer have authority to decide whether to take further action in reported cases of attempted rape, forcible sodomy or sexual assault.

Defense officials said the new policy will allow more experienced and less partial officers to make the initial decision on whether a sexual assault case goes to trial, and it will add consistency to how such cases are handled.

"Elevating these cases to a higher level of command review is a very important step," Obama said.

The president said he believes sexual assault has no place and in the military, and service members "deserve an environment that is free from the threat of sexual assault, and in which allegations of sexual assault are thoroughly investigated, offenders are held appropriately accountable, and victims are given the care and support they need."

Obama expressed his appreciation for the senior leaders' attention to the issue.

"I thank Secretary Panetta and Chairman Dempsey and look forward to seeing continued progress on this important issue," the president said.

NEW SEXUAL RESPONSE TO SEXUAL ASSAULTS IN THE MILITARY

FROM:  AMERICAN FORCES PRESS SERVICE

DOD Implements New Changes to Sexual Assault Response

By Army Sgt. 1st Class Tyrone C. Marshall Jr.
WASHINGTON, April 2, 2012 - The Defense Department has refined new methods to aid sexual assault victims whether reporting a crime or seeking assistance as they transition from service, the director of the Sexual Assault Prevention and Response Office said here March 30.

"We have several new options for victims of sexual assault," said Air Force Maj. Gen. Mary Kay Hertog. "First, if you've been a victim of sexual assault in the military you now have the option of requesting an expedited transfer. We signed that into effect in December."

"If you find it untenable or unbearable in the organization that you're at ... you can request to be transferred," she added.

Hertog said a service member's local commander has 72 hours to respond to the request for transfer, and if denied there is an option to take it to the first flag or general officer in the chain of command who also has 72 hours to respond.

"We also have a new document retention initiative," she said. "We heard loud and clear from our veterans that present themselves at the [Department of Veterans Affairs] years later that there was no documentation that they had ever been sexually assaulted [during] their military service."

The issue arose, Hertog said, because varying standards of retention had existed among all of the services but has since been resolved.

"We now have one standard of retention so those individuals that file unrestricted reports will have their documents retained for 50 years," she said.

"And those that file restricted reports will have their documents retained for five years," Hertog said. "And of course our victims of sexual assault who file restricted reports have that option to convert over to unrestricted reports at any time and then we will retain their documents for that 50-year period."

The director also discussed other innovations such as expanding legal assistance to encourage victims to participate in the military justice system "in order to hold that perpetrator accountable."

And as of January, DOD civilians and contractors deployed abroad, and military dependents over 18 years old are now eligible to access sexual assault response services, Hertog said.

Hertog noted other changes implemented include new training for investigators of sexual assault crimes within the services.

"Some of our new training initiatives concern our investigators such as our [Naval Criminal Investigative Service] agents, Air Force [Office of Special Investigations], and Army [Criminal Investigation Division]," she said. "We think we have found the gold standard course ... to send many of the agents to, to build a sexual assault subject expertise cadre of our agents to get them very familiar with these cases."

Hertog said training frequency will increase, more seats will be offered and the training has expanded to include Judge Advocate Generals "because these are some of the toughest cases to investigate as well as prosecute."

Perhaps the most useful option has been established for about a year, Hertog noted.

"You have the option of contacting our DOD Safe helpline," she said. "We stood up a 24/7 crisis hotline -- it's operated by RAINN, the Rape Abuse and Incest National Network -- who have been trained by us so they're very familiar with military terminology."

"If you don't want to go through your chain of command you can contact them and they will tell you where your nearest rape crisis center is in your community outside your installation gates," Hertog said.

Hertog said the hotline has been "extremely successful" with about 30,000 unique visits to the site and about 2,500 referrals for counseling services.

She emphasized the Defense Department's commitment to "eradicating" sexual assault in the military "from the Secretary [of Defense] on down.

"We have to eliminate this problem from our ranks," Hertog added. "The American public gives us what's most dear to them and that's their sons and daughters. And they trust us that we're going to take care of them [which] is a commander's job."