Legal Expert Rod Pacheco Weighs In On National Campus Assault Issues

LOS ANGELES, Sept. 11, 2014 /PRNewswire/ -- The issue over campus sexual assaults continues to gather momentum with no end in sight for tougher Clery Act laws. California Senator Barbara Boxer introduced new legislation, backed by bipartisan support, including Republican  Presidential aspirant Senator Marco Rubio, which attacks the issue in a variety of ways.

In a sign that campuses are taking their own progressive stand on the issue, the prestigious University of California and California State systems endorsed the measure. They are appropriately getting ahead of the issue and leading the way along with elected leaders.

Victims of campus assault gain in a variety of ways if the bill becomes law. First, the legislation notably increases demands on campuses for better victims' support, makes confidential victims' communications with support staff, and mandates comprehensive training for all campus staff involved. As a deterrent for campuses that fail to protect victims, there are even tougher sanctions. Clearly the intent of the bill is to bring campuses on par with modern prosecutorial offices.

How these services will be designed, implemented and monitored will be another thing entirely. As a former elected District Attorney, our Victims Services Division was the nation's largest. Modern technology was used to communicate with victims on a regular basis from several points. The design of services for victims was done individually as "one size does not fit all."

Further, training  includes campus police investigators. Almost all campuses in California have their own police department, effective at most campus investigations. As a former sexual assault prosecutor, I can attest that sexual assaults are much more challenging. Again, design and implementation become the dominant factors in success or failure for campus administrators.

Also, collaboration with local experienced law enforcement is crucial. Setting up those inter agency protocols can be difficult with overlapping jurisdictional issues. We had many issues to solve with local, state, and federal agencies during my creation of California's largest countywide sexual assault enforcement team.

The stakes get dramatically higher with Boxer's bill, increasing penalties from $35,000 to $150,000 per violation. Clearly campuses will need to make greater investments to succeed  in a dynamic environment. Clery Act compliance requires a comprehensive far sighted approach. Anything less will come up short. 

Rod Pacheco is a partner at Dentons Law Firm and formerly served as an elected District Attorney and California Legislator.

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