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For Immediate Release |
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The legislation (SB 2098, HB 2207) sponsored by state Senator Tim Burchett (R-Knoxville) and state Representative Harry Brooks (R-Knoxville) is designed to ensure that colleges disclose this information following a state Attorney General's opinion issued last year which held that existing state law only allowed, rather than required disclosure. Federal law has permitted this type of disclosure since 1998, and Tennessee had sought to take advantage of this last year until the Attorney General's ruling.
"Colleges will now have to warn other students when they allow a potentially dangerous student to remain on campus," said S. Daniel Carter the Knoxville based Vice President of Security On Campus, Inc. a campus safety and victims' rights organization that supported the legislation. "Tennessee's college students will be able to make more informed decisions about avoiding victimization on campus."
Colleges and universities often handle campus crimes internally rather than them being prosecuted in the criminal courts, or will run their own parallel proceedings in addition to a criminal prosecution. Expulsion is the strongest sanction that can be handed out by these proceedings, although lesser punishments are common according to crime victim advocates.
"The campus community has a need and a right to know how schools punish students found guilty of sexual assaults and other crimes of violence," added Carolyn Carlson, a journalism expert and vice chair of the Society of Professional Journalists subcommittee on campus crime. "Victims can rest easy knowing that other potential victims will have been warned by the disclosure. Students who are accused of such offenses would benefit from knowing what they can expect and whether they are being treated fairly. And the media -- both campus and professional -- will be able to fulfill its obligation to provide this information to the public so it can exercise oversight on the system as well as protect itself against crime. Under this law, Tennessee ensures a free flow of information on campus crime that serves all parties involved."
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A copy of SB 2098/HB 2207 can be accessed on the Tennessee General Assembly's web site at http://www.legislature.state.tn.us/bills/currentga/BillCompanionInfo.asp?BillNumber=SB2098.