Back to School: The Campus Sexual Assault Law

Sexual violence, including harassment and abuse, has been a continous and prevalent issue across college campuses. In the aftermath of an assault, survivors looking for support have often turned to Title IX. While Title IX has been helpful in some cases, advocates have called for universities to assume more responsibility and do more for students.   

On August 1, 2021, the Campus Sexual Assault Law–also known as the Higher Ed bill–went into effect throughout the state of Massachusetts. Like Title IX, the law seeks to protect survivors and expand services in response to sexual violence, as well as provide more options in the course of action that survivors wish to take. The law also mandates that universities educate students, school administrators, and staff to prevent sexual violence in the future. 

The Boston Area Rape Crisis Center collaborated extensively with the student-led organization, the Every Voice Coalition, throughout the legislative process in order to pass the law. 

How is the Campus Sexual Assault Law different from Title IX?

Title IX is a federal law which mandates that campuses and universities provide equal access to education, regardless of sex. That includes addressing sexual harassment or abuse on campus. 

The Campus Sexual Assault Law is specific to Massachusetts, and it does not change Title IX. Instead, this law uses a statutory framework that both supports Title IX and also requires that universities provide student protections when responding to sexual assault. Colleges and universities must now provide specific services to students on campus that address sexual violence, and they must provide anonymous reporting options to students. Schools also must undertake initiatives that actively prevent sexual violence such as hosting sexual assault prevention trainings for incoming students and staff at the beginning of the school year. 

What changed under the Campus Sexual Assault Law?

Campus safety providers 

Prior to 2021, some staff working with students had to report all information to the local campus Title IX office. Under the Campus Sexual Assault Law, universities must now appoint officials called campus safety providers that specifically facilitate and advocate for student safety. 

Campus safety providers serve to:

• Work in confidence with students to identify their needs in the aftermath of sexual harassment or violence.
• Ensure that survivors feel that they are in control of their decisions.
• Provide information about crisis services and arrange accommodations. 
• Review reporting options so that survivors know what to expect from each reporting process.
• Actively collaborate with the student body and administrators to prevent sexual violence and make recommendations that best meet survivor needs. 

Climate surveys

The Campus Sexual Assault law mandates that colleges and universities administer campus climate surveys to students on campus every four years. These surveys gauge the experiences of students if they are sexually harassed or abused. Though some colleges have utilized similar initiatives in the past, this survey standardizes the process and provides more consistent data that informs future safety measures and adequate responses to sexual assault. 

Where can I learn more? 

BARCC actively collaborates with higher educational institutions throughout the Greater Boston area to provide direct services to survivors. If you or a loved one are a survivor of sexual violence and would like more information about your options, feel free to contact our Legal Advocacy team or request services at 617-492-8306.