[Congressional Record Volume 142, Number 124 (Wednesday, September 11, 1996)]
[Senate]
[Pages S10327-S10328]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN:
  S. 2065. A bill to amend the Higher Education Act of 1965 to require 
open campus security crime logs at institutions of higher education; to 
the Committee on Labor and Human Resources.

[[Page S10328]]

                the open campus police logs act of 1996

 Mrs. FEINSTEIN. Mr. President, today I introduce the Open 
Campus Police Logs Act of 1996.
  Mr. President, every year around this time thousands of students 
leave home to begin their pursuit of a college degree. These students--
and their parents--expect not only a quality education, but also a 
campus on which they can study and live in safety. Yet, statistics show 
that during a 4-year-period, one in four college students will become a 
victim of violent crime. And according to the Chronicle of Higher 
Education, the number of crimes on college campuses are on the rise.
  Under the Campus Security Act of 1990, colleges and universities are 
required to make crime statistics available to students, applicants and 
school employees. However, under-reporting of crime statistics by 
school administrators and the utilization of internal campus 
disciplinary systems, which are protected by privacy laws, have 
rendered the existing law ineffective.
  All too often, we hear stories of college administrators who pressure 
victims to use discretion and to settle cases internally--without 
resort to the criminal justice system. Offenders then come before the 
campus tribunal, and are never publicly processed for the crimes. 
Sometimes, even the victims themselves cannot find out what happened in 
these internal trials.
  And all too often, Mr. President, colleges and universities concerned 
about their image have been found to underreport crime and hide the 
true statistics from applicants and the media.
  Students are unable to discover the true rate of campus crime, and 
are therefore unable to make informed decisions about where to go and 
how safe certain areas truly are.
  The bill I am proposing today would extend the current law, in order 
to further inform students of the crimes occurring on college campuses 
so that they can better protect themselves.
  This bill would continue to require that schools receiving Federal 
money compile statistics on crimes like murder and rape. However, it 
would also require schools to maintain a daily log--one that is open to 
public inspection--of all crimes committed against person or property.
  These daily logs would chronicle not only the time, place and date of 
the crime, but also the names and addresses of all those arrested by 
the campus police or security force. No more could colleges hide 
statistics in annual reports and with secret, unreported disciplinary 
hearings. Every student or employee would have access, every day, to 
information about every arrest occurring on campus.
  Some colleges and universities will argue that this bill is too 
burdensome. But this legislation should not be viewed by college 
administrators as an added burden for the campus security office, but 
rather as an effective tool to better inform the collegiate community. 
Students and employees have a right to know what dangers they face on 
campus. It is through this improved awareness that students and faculty 
will be able to better protect themselves. After all, one of the best 
weapons we have for deterring crime is accurate and timely information.
  A New York Times reporter recently wrote about a woman who had been 
raped in February of last year--by a fellow student at her university 
in Ohio. Although the university's disciplinary board found the accused 
guilty of violating the student code regarding sexual assault, he was 
merely placed on student probation. He never went through a criminal 
trial.
  As a result, the offending student was free to come and go on a 
campus where most women did not--and indeed could not--realize that he 
had committed any crime at all.
  At this same school, Mr. President--where the student rapist was 
placed on probation--possession of a beer by an underage student can 
result in automatic suspension.
  Furthermore, when the university published their official crime 
statistics later that fall, no rapes were reported. It is clear that 
compliance with reporting requirements could be far better.
  Colleges and universities have made it their mission to provide a 
quality education in a suitable environment to America's students. By 
failing to disclose the true nature of crime on their campuses, 
administrations are not living up to this goal. We must make our 
campuses safer, by allowing students to better protect themselves from 
potential crime through the daily, public disclosure of past incidents 
and potential dangers.
  Mr. President, it is an unfortunate fact that today's students must 
take care to protect themselves from serious crime on our college 
campuses. Yes, protecting the privacy of accused students is important. 
But protecting the safety of potential victims is equally vital to 
providing an enriching and safe experience for each and every one of 
the many children who leave home each year in search of a future full 
of promise and prosperity.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2065

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Open Campus Police Logs Act 
     of 1996''.

     SEC. 2. DAILY RECORD AND DISCLOSURE OF REPORTED CRIMES.

       (a) Amendment.--Section 485(f) of the Higher Education Act 
     of 1965 (20 U.S.C. 1092(f) is amended by adding at the end 
     the following new paragraph:
       ``(8) Each institution participating in any program under 
     this title which maintains either a police or security 
     department of any kind shall make, keep, and maintain a daily 
     log, written in a form that can be easily understood, 
     recording in chronological order all crimes against persons 
     or property reported to its police or security department, 
     the date, time, and location of such crimes, and, if an 
     arrest has been made, the names and addresses of all persons 
     arrested and charges against such persons arrested. The 
     provision of this paragraph shall not be construed to require 
     an institution to identify in its log, unless otherwise 
     provided by law, the names of the persons reporting the 
     crime, the victim or victims, any witnesses or suspects who 
     have not been arrested, or other information relating to any 
     investigation of the crime. All entries in such daily logs 
     shall, unless otherwise provided by State or Federal law, be 
     open to public inspection.''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect on the date of enactment of this 
     Act.
                                 ______