National Panhellenic Conference

North-American Interfraternity Conference

3901 W. 86th Street
Suite 398/Suite 390
Indianapolis, IN 46268

Fraternity and Sorority Legislative Agenda Focuses on Ensuring Safe College Campuses
The North-American Interfraternity Conference (NIC) and the National Panhellenic Conference (NPC) remain
united in fighting against sexual violence. We believe one assault is too many. And we are committed to
protecting the safety and rights of all students, whether it is a student whose assaulter goes unpunished; a
student who lacks meaningful access to the support services needed to report and recover; a student who
misses the education needed to intervene to prevent an assault; a student who fears the stigma of identifying
as being affected by sexual violence; or a student who faces an adjudication process that is not fair and
transparent to all involved parties.
We fully understand and support campuses acting swiftly on behalf of a student victim affected by sexual
violence. We are dedicated to supporting a students rights whether or not he or she belongs to a fraternity or
sorority. We also fully support the students right to choose his or her course of justice.
Because we view sexual violence as such a severe and heinous crime, we believe the involvement of law
enforcement plays a crucial role to finding a resolution when a report is submitted. We recognize that a case
may advance through the court system, but many times a case will be handed back to campus to investigate
and adjudicate. To that end, we insist that the standard of evidence be determined by the campus.
We also acknowledge that campus officials are under tremendous pressure to adhere to federal regulations
and must adhere to strict guidelines as part of the adjudication process. Some schools have limited tools and
resources at their disposal, and therefore we empathize with campus officials who feel obligated to adjudicate
serious claims of sexual violence and criminal activity. We believe in fairness provided to all parties during the
adjudication process and insist on due process for every student and every student organization involved with
a sexual assault report.
In cases of sexual violence, we advocate for interim measures to keep potential threats to students from being
on campus and measures to help encourage student victims to continue to come forward without the fear
of an entire community being punished by the campus administration. We fully recognize that our campus
colleagues are essential to helping provide appropriate support resources.
NIC and NPC are proposing a SAFE CAMPUS for all students and are dedicated to working with other parties

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NIC and NPC Views on Campus Sexual Violence: Myth vs. Fact
The North-American Interfraternity Conference and the National Panhellenic Conference are advancing a
legislative agenda intended to enhance safety on college and university campuses.
In order to ensure clarity around our collective position, we have prepared the following Myth vs. Fact
summary to explain our viewpoint.
Myth: NIC and NPC are lobbying Congress to make it harder to bring justice to students who commit crimes of
sexual violence.
Fact: Sexual violence is a crime, and the policy changes we advocate will make campuses safer by providing
a clear path for pursuing those who commit such crimes against students. The NIC and NPC believe that
institutions of higher education (IHEs) play a critical role when a student victim brings forward an allegation
regarding sexual violence on campus:
Specifically, the organizations believe:

One Assault is One Too Many. Sexual violence in any form, in any setting is unacceptable.
Students affected by sexual violence must have immediate access to appropriate university
resources, including confidential counseling and related services, to protect their physical, emotional
and educational well-being. Campus professionals assume a valuable role in providing the necessary
support.

Right to Control. Student victims have a right to choose whether their cases are investigated and
adjudicated by an IHE or the local police. Student privacy is paramount. If an affected student wishes
only to avail themselves of confidential institutional services to protect their physical, emotional and
educational well-being, they must be able to do so.

Sexual Violence Referrals. If a student victim seeks a police investigation, the IHE should refer
allegations to local law enforcement agencies within 48 hours of receiving notice of the allegation.
If it is determined an allegation does not necessitate criminal charges, the IHE retains primary
responsibility for resolving such disputes under their student codes of conduct. Allegations of sexual
taunting or unwanted sexual advances, similar to those sometimes addressed using Title VII in the
workplace, can and should be adjudicated by IHEs.

Interim Measures. While police investigate cases of sexual assault the IHE can implement interim
measures including adjustments to class schedules, university housing or even temporary
suspensions to protect the affected students and the university community. However, deeper IHE
investigations of the alleged assault should be postponed while police are investigating.

Role of Law Enforcement. We believe law enforcement should be involved in the investigation of
college-based sexual assault claims unless the student victim asks the college administrators not to
involve the police. Local law enforcement agencies are equipped and most appropriate institutions to
investigate and help advance cases through the legal system in order to prosecute serious crimes of
violence against students. The benefit of law enforcement involvement is that agencies have access
to forensic, investigative and related resources to ensure justice for all parties.

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Myth: Because IHE have a duty of care to provide for their students welfare, there is no need to involve law
enforcement in allegations of sexual violence and sexual misconduct.
Fact: We draw an important distinction between crimes and acts of sexual misconduct in terms of where
primary jurisdiction for investigation and adjudication should reside. Sexual assault is viewed as a serious
crime. Delegating investigation of sexual assault reports to local law enforcement helps alleviate the
tremendous pressures for campus officials to follow Title IX procedures and adhere to strict federal guidelines.
Procedures may be challenged, and the potential for complaints weigh heavy on our campus professionals.
When complaints are filed with the Office of Civil Rights, universities are potentially faced with fines and
reputational risks that impact many other areas. For this reason, there is benefit to involving law enforcement
in allegations if the student victim chooses that path for justice. Many IHEs have limited resources and those
resources may be directed toward education, support, recovery and prevention of sexual violence.
When IHEs do handle allegations of sexual misconduct, we advocate for the following principles:

Preserving Victim Rights. Campus safety is the priority and an IHE has little to no control over the
larger community and may not be able to keep students found guilty under their judicial process off
of campus grounds. If an assailant is convicted within the criminal justice system, he or she will be
punished according to the law and will likely be removed from the community. If/when he (or she) is
released from prison they may also be placed on the Sex Offenders National Registry, which could
do more to protect the current community or any other collegiate community from repeat offenders.
To reiterate, interim measures must be in place to protect students affected by sexual violence.

Procedural Fairness. IHEs strive to provide a fair and transparent system for students affected by
sexual violence. Procedural fairness requires the campus to provide access to the best resources for
investigating an allegation, adjudicating a claim against a student and providing confidential services
to the affected students. No single campus official should play more than one role as confidential
advisor, investigator, prosecutor, judge or jury.

Due Process Protections. Students accused of an act of sexual violence must have access to due
process protections in the campus investigation and adjudication system because ramifications of a
violation including expulsion carry lifetime consequences. All students affected by sexual violence
should have:
The right to full representation, at their own expense, by an attorney or non-attorney counsel
throughout the pre-hearing and hearing process;
The right to adequate notice regarding all claims subject to the proceeding;
The right to adequate access to material evidence before a proceeding takes place; and
The right to appropriate questioning of witnesses in a safe manner for all parties.

Standard of Proof. Institutions of higher education are empowered to determine the most
appropriate standard of evidence in adjudicating allegations regarding sexual violence.

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Myth: The NIC and NPC are lobbying Congress to prevent IHEs from punishing student organizations,
including fraternities and sororities, when a member or members affiliated with that organization are accused of
violating campus rules.
Fact: The NIC and NPC believe that IHEs maintain the primary role in enforcing campus rules, disciplining
students and ensuring that student organizations, including fraternities and sororities, abide by campus rules.
Student organizations should have the same due process rights as an accused student when an institution
attempts to punish an organization for alleged misconduct. Punishing student members of organizations
for misconduct committed by members of other student organizations compromises the rights of individual
students. Mass suspensions of student organizations like fraternities and sororities without notice and due
process violate a students freedom of association and Title IX rights. NIC and NPC will lobby to protect
organizational rights to due process.
About the National Panhellenic Conference (NPC)
NPC, one of the largest organizations advocating for women, is the umbrella group for 26 national and
international sororities. NPC sororities are located on more than 672 campuses with 353,345 undergraduate
members in 3,184 chapters. Alumnae are represented in 3,773 associations throughout the world. For more
information, including a complete list of NPC sororities, visit www.npcwomen.org or find NPC on Twitter and
Facebook.
About the North-American Interfraternity Conference (NIC)
Founded in 1909, the North-American Interfraternity Conference, Inc. is the trade association representing 74
International and National Mens Fraternities. The NIC serves to advocate the needs of its member fraternities
through enrichment of the fraternity experience; advancement and growth of the fraternity community; and
enhancement of the educational mission of the host institutions. Today, the NICs member organizations have
approximately 5,500 chapters located on more than 800 campuses in the United States and Canada with
approximately 350,000 undergraduate members. For more ifvormation visit www.nicindy.org.

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