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Campus SaVE Act: 2014 Regulatory Updates S. Daniel Carter Director 32 National Campus Safety Initiative VTV Family Outreach Foundation http://www.32ncsi.org/
| Date post: | 08-Jun-2015 |
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Campus SaVE Act: 2014 Regulatory UpdatesS. Daniel CarterDirector 32 National Campus Safety InitiativeVTV Family Outreach Foundationhttp://www.32ncsi.org/
www.workplaceanswers.com 512.298.0797
What Does SaVE Do?
More Inclusive Crime Statistics Enhances Campus Sexual Assault Victims’ Bill of
Rights (1992) Enhances Prevention Education Requirements Enhances Conduct Proceeding Guarantees for
Accuser & Accused National Best Practices Report Adds Anti-Retaliation/Whistleblower Protection
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Who Has Responsibilities?
Campus Public Safety (Police/Security)
Other Campus Security Authorities Student Affairs/Deans Resident Assistants/Advisors Human Resource Officers Athletic Team Coaches Student Organization Advisors Other Officials With Campus &
Student Responsibilities Designated Recipients of Crime
Reports
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Key Dates
Requirements in effect for 2014 Annual Clery Act Report “Good Faith” Effort Expected
Negotiated Rulemaking Consensus Reached April 1, 2014
Proposed Regulations Expected June 2014 45 Day Public Comment Period (Fed. Register)
Final Regulations Due By November 1, 2014 Regulations Take Effect July 1, 2015
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Latest Updates
Crime Reporting Changes Confidentiality Protections Victims’ Rights Disciplinary Proceedings Educational Programs & Campaigns
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Crime Reporting Changes
More Inclusive Definition Of “Rape” Includes Same Sex Rape Includes Offenses Previously Classified As Sodomy Sexual Assault With An Object
Also Separately Report Fondling Incest Statutory Rape
Hierarchy Rule Does Not Apply
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New Rape Definition
The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
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Keeping Info Confidential
Institutions Must Keep Victim Information Confidential Exception If Needed To Provide Accommodations
(Such As Change Of Class Section) Statement Of Policy In Annual Security Report
Covering… Public Record Keeping Clery Reporting
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Personally Identifying Information
Individually identifying information for or about an individual including information likely to disclose the location of a victim of domestic violence, dating violence, sexual assault, or stalking, regardless of whether the information is encoded, encrypted, hashed, or otherwise protected.
42 U.S.C. 1395(a)(20)
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Personally Identifying Information
A first and last name A home or other physical address Contact information (including a postal, e-mail or
Internet protocol address, or telephone or facsimile number)
A social security number, driver license number, passport number, or student identification number
Any other information, including date of birth, racial or ethnic background, or religious affiliation, that would serve to identify any individual
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Victims’ Rights
Written Notice of Rights & Options For Students & Employees Who Report
Accommodations – Changing academic, living, transportation, and
working situations If the victim requests them If they are reasonably available Whether or not reported to Law Enforcement
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Disciplinary Proceedings
Must be Prompt, Fair, and Impartial Promptness Defined By Disclosed Timeframes Must Be “Reasonable” Timeframe Extended For “Good Cause” With Notice Of
Reason For Delay Timely Access To Information Used In Hearing
From Initial Investigation To The Final Result Be Conducted By Officials Who Receive Annual
Training Accuser & Accused Have Same Opportunities To Have
Others (Advisor, Witness, Etc…) Present
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Right To Advisor Of Choice
No Limit On The Choice of Advisor Attorney Rape Crisis Counselor Parent
Institution May Establish Restrictions On Participation Of Advisor, So Long As Applies Equally To Both Parties
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Results of Proceedings
Simultaneous Notification In Writing To Both Accuser & Accused Including – Sanctions (If Any) Rationale For The Result
Notice of Appeal (If Any) If Appeal Option Exists, Must Be Available To Both
Accuser & Accused Notification Of Any Change & When
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Educational Programs & Campaigns
Primary Prevention and Awareness Programs For All Incoming Students and New Employees Ongoing Prevention and Awareness Campaigns for
Students and Employees Programming, initiatives, and strategies that are sustained
over time and focus on increasing understanding of topics relevant to and skills for addressing dating violence, domestic violence, sexual assault, and stalking, using a range of strategies with audiences throughout the institution.
