Except when federal law requires universities to follow their sexual assault procedures. The same federal law that mandated a lot of those clauses in PSU’s procedures. Also - you failed to answer my question on whether those procedures posed problems in what t9 d9 when the victim was unknown.
The Clery Act report on Penn State makes no mention of the specific policies that were in effect in 2001. However, there are a handful of extracts from the report that are important in understanding what the Clery Act requires.
https://studentaid.ed.gov/sa/sites/...center/cleryact/pennstate/PSCFPRD10327991.pdf
At page 49:
One of the central precepts of the Clery Act is an acknowledgement of the fact that students and employees in a higher education setting will often opt to not report crimes directly to law enforcement and will instead choose to first, and perhaps solely, report to another trusted source. This required disclosure reflects that reality and stands for the principle that victims and witnesses should have these options and deserve to know where such reports can be directed and what actions will follow from filing a report.
At page 19:
Under the Clery Act, institutions are required to comply with the policies and procedures established by the institution.
Paragraph 8.B.(v) In the Clery Act is most relevant to the above quotes and describes one of the items that must be included in university sexual assault procedures:
https://www.gpo.gov/fdsys/pkg/USCOD...11-title20-chap28-subchapIV-partF-sec1092.htm
8.B. The policy described in subparagraph (A) shall address the following areas:
8.B.(v) Informing students of their options to notify proper law enforcement authorities, including on-campus and local police, and the option to be assisted by campus authorities in notifying such authorities, if the student so chooses.
"
If the student so chooses." In other words, it is the victim's decision whether or not police are informed. Now, this isn't always the case. And the Clery Act gives universities flexibility in how they craft their procedures. But this is one of the basic elements.
This element was codified in a 1992 amendment to the Clery Act, known as the Federal Campus Sexual Assault Victims' Bill of Rights.
And this why PSU sex assault reporting procedures were written the way they were in 1995.