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 A law signed by Governor Andrew Cuomo last month allocates $4.5
million for what officials have said is a first-in-the-nation police
unit that will train college officials and local police units to
respond better to sexual assaults on campus.
The law, which has been touted as the most progressive in the
country, also requires all colleges in the state to implement a
uniform definition of affirmative consent, distribute a students'
bill of rights and adopt a policy that grants victims immunity for
drug and alcohol violations.
The U.S. Department of Education is currently investigating 131
schools for violating federal law in their handling of sexual
assault allegations, and New York leads the country with 20 schools
on that list. Vice President Joe Biden called campus sexual assault
an epidemic when the White House launched a task force to address
the issue in 2014.
Proponents see New York's new police unit as a way of improving
universities' response to rape reports, from services offered to
victims to disciplinary investigations.
"We think it is important that this unit exists, that victims have
support and information that they ordinarily would not have," said
Alphonso David, counsel to Cuomo.
He said the state police unit could get involved at any point in a
campus case.
Critics of the unit say sex crimes are already under-reported and
increasing law enforcement's involvement could make victims warier
of reporting crimes.
Many student advocates support other aspects of the law, but worry
that victims might not be comfortable reporting to police.
"Students do not trust state police to respond effectively to
reports of gender-based violence," said Zoe Ridolfi-Starr, a
Columbia University graduate and campaign director for Carry That
Weight, an advocacy group for people who have suffered sexual
assault and domestic violence.
The group took its name from a performance art piece by former
Columbia student Emma Sulkowicz, who vowed to carry a mattress
around campus for the year leading up to her May graduation unless
her alleged rapist, Paul Nungesser, was expelled.
Nungesser was cleared of the rape allegations by school officials,
and he graduated in May.
"The police are not in a position to be training campus officials on
how to handle sexual assault cases because they cannot do so
themselves," Ridolfi-Starr said.
 'NOT BEEN HANDLED WELL'
Victims' advocates say police have too often ignored or disbelieved
sexual assault victims, dismissing attacks as a byproduct of
sometimes alcohol-fueled campus cultures.
"There is no question that, historically, issues of sexually-based
violence and domestic abuse have not been handled well by law
enforcement anywhere in the country," said Christine Quinn, a
special adviser to Cuomo.
The state unit will be trained specifically to handle campus cases
in an effort to change that treatment, she said.
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Those who advocate for greater police involvement in cases of campus
sexual assault say they require more expertise than universities can
offer.
One such advocate is Andrew Miltenberg, a New York attorney who is
representing Nungesser, the Columbia University graduate accused by
Sulkowicz of sexually assaulting her while they were both students.
Nungesser is suing the Ivy League university, contending it allowed
Sulkowicz to harass and defame him.
"I don't believe it was ever anyone's intention to put in the hands
of students and academics or college faculty and administrators
issues of this magnitude," Miltenberg said.
But without receiving specialized training, police and others in law
enforcement might not be capable of responding properly to sexual
assault either, said Colby Bruno of the Victim Rights Law Center in
Boston, who helped design a sexual assault training curriculum for
Massachusetts police.
Meghan Racklin, a New York University student, said some survivors
prefer to have an avenue to report an assault other than the
criminal justice system.
"They're asking for their right to education in a place that is safe
and fair, and that's not the same as a criminal proceeding," she
said.
The issue of police involvement is at the heart of national efforts
to improve responses to campus sexual assault.
A bill recently introduced in the U.S. House of Representatives
proposed a more prominent role for police, requiring that colleges
refer sexual assault allegations to law enforcement. The bill is
supported by some who think it better protects the rights of the
accused, but has been criticized by victims' advocates for removing
the option of a school complaint that does not trigger a criminal
investigation.
Another bill in the U.S. Senate would require universities to enter
into memorandums of understanding with their local law enforcement
agencies in order to clearly share information and responsibility.
(Reporting by Katie Reilly; Editing by Scott Malone and Frances
Kerry)
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