秘密研究所

Know Your Rights: The New Jersey听Campus Sexual Assault Victim’s Bill of Rights

Pursuant to NJSA 18A, Chapter 61E

A college or university in听a free society must be devoted听to the pursuit of truth听and听knowledge through reason听and听open听communication among its members. Academic communities acknowledge the necessity of being听intellectually stimulating where the听diversity of ideas is valued. Its rules must be conceived听for the purpose of furthering and听protecting the rights of all members of the听college community in achieving these ends. The boundaries of personal freedom are limited听to applicable state and federal laws and 听institutional rules and regulations governing interpersonal behavior. In听creating a community free from violence, sexual assault and听non颅consensual sexual contact, respect for the individual and human听dignity are of paramount importance. The state of New Jersey听recognizes that the impact of violence on its victims and听the surrounding听community can听be severe and long听lasting. Thus, it has听established听this Bill of Rights to articulate requirements for policies, procedures and services designed to insure that the needs of 听victims are met and听that the colleges and universities in听New Jersey create and maintain communities that support human听dignity.

Bill of Rights听

The following听Rights shall be accorded听to victims of sexual assault that occur:

• on the campus of any public or independent institution of higher education听in听the state of New Jersey, and
• where the victim or听alleged听perpetrator听is a student at that institution, and/or
• when the victim is a student involved听in an听off颅 campus sexual assault.

Human Dignity Rights

• To be free from any suggestion that victims must report the crimes to be assured听of any other right guaranteed听under听this听policy.
• To have any allegations of sexual assault treated听seriously途 the right to be treated with dignity.
• To be free from any suggestion that victims are responsible for the commission听of crimes against them.
• To be free from any pressure from campus personnel to:
  • report crimes if the victim does not wish听to do so
  • report crimes as lesser offenses than听the victim perceives the crime to be
  • refrain听from reporting crimes
  • refrain听from reporting crimes to avoid听unwanted听personal publicity.

Rights to Resources On and Off Campus听

• To be notified听of existing听campus and community based听medical, counseling, mental health听and听student services for听victims of sexual assault whether听or not the crime is formally reported听to campus or听civil authorities.
• To have access to campus counseling under听the same terms and conditions as apply to other听students in听their institution听seeking听such听counseling.
• To be informed听of and assisted in听exercising:
  • any rights to confidential or听anonymous testing for sexually transmitted diseases, human听immunodeficiency 听virus, and/or听pregnancy
  • any rights that may be provided听by law to compel and disclose the results of testing of sexual assault suspects听for communicable diseases.

Campus Judicial Rights

• To be afforded听the same access to legal assistance as the accused.
• To be afforded听the same opportunity to have others present during any campus disciplinary proceeding that is allowed听the
  accused.
• To be notified听of the outcome of the sexual assault disciplinary proceeding听against the accused.

Legal Rights听

• To have any allegation听of sexual assault investigated and adjudicated听by the appropriate criminal and听civil authorities of the听jurisdiction听in听which听the sexual assault is reported.
• To receive full and prompt cooperation听and听assistance of campus personnel in听notifying听the proper authorities.
• To receive full, prompt, and听victim颅 sensitive cooperation听of campus personnel with regard to obtaining, securing, and听maintaining evidence, including a medical examination when听it is necessary to preserve evidence of the assault.
• To be free from any suggestion that victims were contributory negligent or assumed听the risk听of being听assaulted.

Campus Intervention Rights听

• To require campus personnel to take reasonable and听necessary actions to prevent further unwanted听contact of victims by their听alleged听assailants.
• To be notified听of the options for and听provided听assistance in听changing听academic and听living听situations if such听changes are听reasonably available.

Statutory Mandates

听
Each campus must guarantee that this Bill of Rights is implemented. It is the obligation of the individual campus governing board to examine resources dedicated to services required to implement the Bill of Rights and to make appropriate requests to increase or reallocate resources where necessary to ensure implementation. Each campus shall make every reasonable effort to ensure that every student at that institution receives a copy of this document. Nothing in this act or in any “Campus Assault Victim鈥檚 Bill of Rights” developed in accordance with the provisions of this act, shall be construed to preclude or in any way restrict any public or independent institution of higher education in the State from reporting 听any suspected crime or offense to the appropriate law enforcement authorities.