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Bill Could Overhaul How Sexual Assault Allegations On College Campuses Are Handled

DENVER (CBS4)- State lawmakers are overhauling how Colorado colleges handle sexual assault allegations. This comes as the U.S. Department of Education considers re-writing the rules.

It is estimated one in five women and one in 16 men are sexually assaulted in college.

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Jess Davidson (credit: CBS)

Jess Davidson among the survivors.

"In 2015, I was raped by an acquaintance at an off-campus party," said Davidson. "I suddenly couldn't pay attention in class, or at my internships."

She lived in silence for a year before reporting the assault to the university. Her rapist was expelled three months later, after he graduated. She says the entire process was unfair.

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(credit: CBS)

"The university, unfortunately, made multiple violations of their own policy, in the way that they handled the case," said Davidson.

She is now testifying for a bill that she says would level the playing the field.

Sen. Brittany Pettersen is sponsoring the bill.

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Brittany Pettersen (credit: CBS)

"It's really important that we have a due process for both sides," said Pettersen, a Democrat representing Jefferson County. "And that we don't have a patchwork of policies across Colorado."

The measure would require investigations be complete in 90 days, allow for confidentiality, and bar legal representation. Sexual history would be off limits and guilt would be based a preponderance of evidence - or more likely than not it happened.

Sen. Bob Gardner says who determines the guilt is just as important and not outlined in the bill.

"I have advocated that if we're going to use the preponderance of evidence standard, than we have to have a truly neutral fact finder and that we are better served if the fact finder is really a panel of three," said Gardner, a Republican representing Colorado Springs.

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CBS4 Political Specialist Shaun Boyd interviews Bob Gardner (credit: CBS)

The bill also requires colleges and universities set up an appeal process, provide support services and promote awareness and prevention, including the definition of consent.

Davidson says it's about fairness, "Both students need be treated fairly and equally in these processes and that's what this bill is going to do."

The bill passed its first committee with an amendment that states if the U.S. Department of Education ties its new policies to funding, the federal policies will supersede state law.

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