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(202) 234-4433 WASHINGTON, D.C. 20005-3701 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2 3 4 5 6
104 members of the criminal justice system expressing particular concern because of a finding of no responsibility by a campus investigation could be used as a defense in a criminal prosecution. Further, these two investigatory and adjudicative functions have different goals. The campus is determining whether there has been a violation of campus policy, while the criminal justice system is determining whether there has been a violation of the law. And the punishments are also different. A finding of responsibility for a campus related sexual assault could lead to an expulsion at worst, while a criminal conviction can lead to jail or prison time, probation, potentially sex offender registration, and the collateral consequences on education, employment, housing, and other issues that accompany such an outcome. SARTs report varying degrees of NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2 3 4 5 6
105 success working with campuses. In some cases, there is a close collaboration in the development of protocol and sometimes there is an arms-length interaction or no interaction at all. It is unfortunate when the latter scenario occurs because the members of a SART are often the best resource of training and support for a college campus. A SART has representatives from law enforcement, advocacy, prosecution, medical, social services, and other professional bodies. All of these professionals have the knowledge base to train campus personnel responsible for carrying out the new VAWA regulations that are also known as the Campus SAFE Act. And these are all the local professionals campus officials need to be familiar with, in the event a sexual assault on campus becomes the subject of a criminal prosecution or requires medical attention including forensic exams, or even additional NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2 3 4 5 6
106 confidential support from an independent advocacy program. So what can be done to help each entity, the SART, and the campus see one another as an ally and not an enemy, or at least some sort of barrier. There is really no need for an adversarial relationship. Both entities are trying to get at offender accountability and justice for victims. Here is one idea. Because annual training for anyone involved in the response procedure will be required under VAWA, the new VAWA campus regulations could promote collaboration with local SARTs if they exist in the campus jurisdiction, not only as a means of identifying possible trainers, but also as a way to further the skills of the campus officials tasked with investigating and adjudicating sexual assault allegations.

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