Dive Brief:
- U.S. Sen. Claire McCaskill (D-MO) said Monday that lawmakers are considering a revised penalty structure for violators of the Clery Act and Title IX.
- In the first of three planned Capitol Hill discussions on the issue of combating sexual assault on college campuses, McCaskill said: “I feel very strongly that fines would need to be based on the size of the institution,” Inside Higher Ed reported.
- McCaskill is drafting legislation with Sen. Kirsten Gillibrand (D-NY) and Sen. Richard Blumenthal (D-CT) that would simplify the rules governing campus sexual assault issues.
Dive Insight:
The draft legislation, which probably has little chance of approval in the current environment in Congress, would take a harder line against colleges that violate the federal rules on campus sexual assault. Part of the legislative effort would be to convince states to change their rules regarding consent to sex, with 16 states currently not recognizing a person’s incapacitation as a reason why he or she cannot grant consent.