For students who have been suspended or expelled after being found responsible for sexual assault, it is often possible to transfer to another college without the new institution learning of the offense.
So at least two states have moved to require colleges — public and private alike — to note misconduct violations on the transcripts of students found to have committed sexual assaults.
Virginia passed such a law this spring, and New York’s governor, Andrew M. Cuomo, is likely to sign a campus sex-assault bill that the Legislature approved last week.
But many critics are wary of that approach because the definition of “misconduct” varies so widely among institutions, as does the type of information colleges are willing to divulge about their students. Some also worry about running afoul of federal law — specifically the Family Educational Rights and Privacy Act, or Ferpa, which allows institutions to share a student’s records with the college he or she wishes to transfer to.
Under the New York measure, if a student was suspended or expelled for sexual assault, the college would note on the transcript that the student had violated a code of conduct. The student could appeal the notation a year after the suspension was completed. But colleges could still draft policies limiting the extent to which they will reveal information about students.
‘Gray’ Language, ‘Murky’ Results
Colleges tend to protect student privacy, said Kristen L. Houser, a spokeswoman for the National Sexual Violence Resource Center. That’s probably why state lawmakers have proposed this type of legislation, hoping to encourage more sharing of disciplinary actions, she added.
Still, merely noting that a student has violated a code of conduct could be dangerous territory, she said. It might be more useful for colleges to report when a student is found responsible for an interpersonal violation.
“Using very gray language that could refer to a whole lot of things that are not serious crimes that do not pose a risk to the campus environment — that’s where it starts to get murky,” Ms. Houser said.
The New York law would also require colleges to note when a student leaves before a disciplinary decision is rendered.
Laura A. Bennett, president of the Association for Student Conduct Administration, said her organization takes issue with that provision.
“We do feel like it’s pretty important not to designate it until they’re found responsible,” Ms. Bennett said.
According to a recent survey by the American Association of Collegiate Registrars and Admissions Officers, about 15 percent of colleges already note whether a student has a code-of-conduct infraction on his or her transcript, said Michael V. Reilly, the group’s executive director. About 40 percent of the group’s members agreed with that policy, he said.
The association, which advises colleges on how to format academic records, has not taken a stance on the issue, and Mr. Reilly said the group was more focused on giving guidance to institutions that already include those notations on transcripts or plan to do so. “So we’re kind of coming from both directions on this,” he said, “the issue of providing safe environments on college campuses and balancing that with what’s the right way to do this.”
A Killing Intensifies the Debate
The debate about whether to mark conduct infractions on transcripts intensified this year after it was revealed that Jesse Matthew Jr., the suspect in the killing of the University of Virginia student Hannah Graham, had transferred from Liberty University, where he had been found responsible for sexual assault, to Christopher Newport University, which did not know of his prior offense.
Lawmakers in Maryland considered legislation this year similar to Virginia’s, but it failed in committee.
Lisae C. Jordan, executive director of the Maryland Coalition Against Sexual Violence, said her group opposed the legislation. Since Ferpa allows colleges to share academic and conduct information with other institutions, she said, leaving a mark on transcripts may be an additional step that could discourage survivors from reporting assaults. Many sexual-assault survivors want to hold the offender accountable without wrecking the person’s life, she said.
“This is one of the reasons that survivors choose not to pursue criminal charges,” Ms. Jordan said. Adding a transcript notation could have the “perverse result of reducing survivors’ options and discouraging reporting because the results of the school’s system would become so harsh.”
Others argue, however, that leaving a note on a transcript would hold the offender accountable, which could encourage more students to report sexual assaults. That’s the case being made in California, where a similar measure has been proposed in the state Assembly. California last year became the first state to adopt a “yes means yes” law to govern sexual relations on college campuses.
One opponent of the transcript notation said it would brand students found responsible for sexual assault with a scarlet letter for life and make it difficult for them to move forward. What colleges label sexual assault can be “inflated,” said Susan R. Kaplan, a lawyer who represents accused students and who is also a board member for the due-process advocacy group Families Advocating for Campus Equality.
Ms. Kaplan also said that since colleges can view the disciplinary and academic records of prospective transfer students, marking their transcripts seems like a punitive step that could do permanent harm.
“It seems like the whole point of this,” she said, “is to stop this kid in his tracks.”
