Understanding TITLE IX, CAMPUS SaVE, VAWA & CLERY
December 2, 2014
Presented By: Bill Rudersdorf, ARM, CSP
Director - Risk Management EIIA 200 South Wacker Drive, Suite 1000
Chicago, IL 60606 800-537-8410 x235
Natasha J. Baker Hirschfeld Kraemer LLP
(415) 835-9004 [email protected]
Webinar Agenda • Understanding the requirements of Title
IX: What do you need to do? • Understanding the intersection of
Campus SaVE and Title IX: Which definitions, policies and training requirements?
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Learning Outcomes • Understand all of the requirements that
govern campus sexual violence and sexual harassment.
• Learn about how key terms are interpreted and how your policies should incorporate these interpretations.
• Develop questions for part II of Webinar on December 10, 2014.
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TITLE IX: Fundamentals
• Notice of Non-Discrimination
• Designate Title IX Coordinator
• Adopt and Publish Grievance Procedures
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TITLE IX Fundamentals
• Notice of Non-Discrimination
– Must state school does not discriminate on the basis of sex in its education programs and activities and that it is required by Title IX not to discriminate
– Questions regarding Title IX may be referred to Title IX Coordinator or to OCR
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TITLE IX: Fundamentals • Title IX Coordinator
– Oversees the school’s response to Title IX reports and complaints;
– Identifies and addresses patterns or systemic problems; and
– Should be informed of ALL aspects of Title IX reports or complaints, including confidentiality requests.
– Sample job description: www.itsonus.gov
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TITLE IX: Fundamentals • Grievance Procedures – Required
Elements – Must be published; – Application to complaints against
employees, other students or third parties; – Provisions for adequate, reliable, and
impartial investigations;
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TITLE IX: Fundamentals • Grievance Procedures – Required
Elements – Opportunity for complainant and accused
to present witnesses and evidence;
– Designated and reasonably prompt time frames for complaint process;
– Written notice to both parties of outcome of complaints; and
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TITLE IX Fundamentals
• Grievance Procedures – Required Elements – Assurance that the school will take steps to
prevent recurrence of any sexual violence and remedy discriminatory effects, if appropriate.
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TITLE IX: Responsible Employees
Title IX and Responsible Employees: • Under Title IX, whether an individual is
obligated to report incidences of alleged sexual violence depends on whether the individual is a responsible employee.
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TITLE IX: Responsible Employees
Responsible employees are any employees who: • Has the authority to redress sexual violence; • Has the duty of reporting sexual violence to Title IX
Coordinator or other school designee; • A student could reasonably believe has this authority
or duty.
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TITLE IX: Sanctuaries • A: Mental health counselors, pastoral
counselors, social workers, psychologists, health center employees, or any other person with a professional license requiring confidentiality.
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TITLE IX: Sanctuaries
Professional counselors and pastoral counselors whose official responsibilities include providing counseling are not required to report any information regarding alleged sexual assault
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TITLE IX: Sanctuaries Non-professional counselors or advocates, including those who work or volunteer in health centers, are not required to report allegations of sexual violence in a way that identifies the student, without the student’s consent.
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Develop a Reporting Framework
• Designate required reporters. • Designate sanctuaries. • Train everyone. • Publicize the difference.
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TITLE IX: Training • Responsible employees
– Those with authority to act must know how to respond to reports;
– Obligation to report sexual violence; – What should be included in a report; – Procedures for responding to student
confidentiality requests; and – Any consequences for failure to report.
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TITLE IX: Training • Responsible employees must inform
students of the following: – Reporting obligations of responsible employees; – Students’ option to request confidentiality and
available confidential advocacy or counseling; – Their right to file a Title IX complaint; and – How to report a crime to local law enforcement.
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TITLE IX: Training • Professional and Pastoral Counselors
and Non-Professional Counselors and Advocates – Reporting requirements; – Extent to which a complaint may be kept
confidential.
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TITLE IX: Training • Employees Implementing Grievance
Procedures – Grievance procedures; – Information on working with and interviewing
parties; – Conduct that could constitute sexual violence; – Consent, including the role of drugs and alcohol;
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TITLE IX: Training • Employees Implementing Grievance
Procedures – Proper standard of review for sexual violence; – How to determine credibility and evaluate
evidence while remaining impartial; – The need for accountability and remedial action;
and – Cultural awareness training on how sexual
violence can impact different students.
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TITLE IX: Training • All Employees Likely to Witness or
Receive Complaints: – How to prevent and identify sexual violence; – Behaviors that may lead to sexual violence; – Bystander attitudes that may allow conduct to
continue; – Potential for revictimization;
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TITLE IX: Training • All Employees Likely to Witness or
Receive Complaints: – Methods for responding to students who have
experienced sexual violence; and – Impact of trauma on victims and the person(s) to
whom misconduct is reported.
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TITLE IX Training
• Students: – Title IX and what constitutes sexual
violence under applicable policies; – Institution’s definition of consent; – Definitions of inappropriate conduct; – Reporting options; – Grievance procedures; – Disciplinary code related to sexual
violence, including sanctions;
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TITLE IX: Training • Students:
– Effects of trauma, including neurobiological changes;
– The role of drugs and alcohol in sexual violence;
– Bystander intervention; – How to report sexual violence to campus or
local law enforcement; and – Protection against retaliation.
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Question
• Are those ALL of the requirements pertaining to campus sexual violence? Do we only need to worry about Title IX?
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VAWA/CAMPUS SaVE Fundamentals
Institutions must have statements of policy related to dating violence, domestic violence, sexual assault and stalking.
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VAWA/CAMPUS SaVE Fundamentals
Statement of Policy must include: • A description of programs to prevent
domestic violence, dating violence, sexual assault.
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VAWA/CAMPUS SaVE Fundamentals
Statement of Policy must include: • A description of procedures that an
institution will follow once an incidence of domestic violence, dating violence, sexual assault or stalking has been reported, including grievance procedures.
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VAWA/CAMPUS SaVE Fundamentals
Grievance Procedures: • Must be prompt, fair, and impartial disciplinary
proceeding; • Officials must be trained and do not have a conflict of
interest or bias for or against the accuser or the accused;
• The accuser and the accused have equal opportunities to have others present, including an advisor of their choice;
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VAWA/CAMPUS SaVE Fundamentals
Grievance Procedures: • The proceeding must be completed in a reasonably
prompt timeframe; • The accuser and accused must be given timely
notice of meetings at which one or the other or both may be present;
• The accuser, the accused, and officials have timely and equal access to information;
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VAWA/CAMPUS SaVE Fundamentals
Grievance Procedures: • The accuser and the accused must receive simultaneous
notification, in writing, of the following: – The result of the proceeding and any available appeal
procedures; – Any change to the results that occurs prior to the time the
results become final; and – When such results become final.
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VAWA/CAMPUS SaVE Fundamentals
Policies should also include: • Information about protecting confidentiality; • Written notification of students and employees about
counseling, health, mental health, victim advocacy, legal assistance and other services; and
• Written notification of victims regarding options for changing living, academic, transportation or work situations.
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VAWA/CAMPUS SaVE Common Question
Q: Are institutions required to allow parties to have attorneys as advisors?
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Allowing an Advisor • A: Yes. Both parties must be allowed
to have an advisor of their choice. However, that advisor can be a “potted plant.”
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VAWA/CAMPUS SaVE Training
New and Current Students and Employees – Primary Prevention & Awareness: • A statement that the institution prohibits the crimes of dating
violence, domestic violence, sexual assault, and stalking, as defined by regulations;
• The definitions of these terms in the applicable jurisdiction; • The definition of ‘‘consent,’’ in reference to sexual activity, in the
applicable jurisdiction; • A description of safe and positive options for bystander
intervention; information on risk reduction;
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CAMPUS SaVE Training
New and Current Students and Employees – Primary Prevention & Awareness: • Possible sanctions or protective measures that an institution
may impose following a disciplinary proceeding; • Procedures victims should follow if an offense of this nature
occurs, including information on preserving evidence, where an offense should be reported, and options regarding campus or local law enforcement;
• Procedures for institutional disciplinary actions; and • Ongoing prevention and awareness campaigns.
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• If Campus SaVE amended the Clery Act, are there existing Clery Act requirements that institutions should consider?
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CLERY Fundamentals
Requires all postsecondary institutions participating in Title IV student financial aid programs to disclose campus crime statistics and security information.
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CLERY Fundamentals
Policies That Should Be Included In Annual Security Reports: • Timely Warning Policy; • Annual Security Report Policy; • Crime Reporting Policy; • Security of and Access to Campus Policy; • Campus Law Enforcement Policy; • Statement on Use of Local Law Enforcement; • Alcohol & Drug Policies; • Substance Abuse Education Policy;
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CLERY Fundamentals
Policies That Should Be Included In Annual Security Reports: • Sexual Offense Policy; • Campus Sex Crimes Prevention Act Statement
Policy; and • Retaliation Policy.
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CLERY Fundamentals
Sexual Offense Policies Should Include: • A description of the education programs required by Campus
SaVE; • Procedures victims should follow if a rape, sexual assault,
domestic violence, dating violence or stalking (as outlined in Campus SaVE);
• Notification of Law Enforcement; • Availability of Counseling; • Written Notifications to Complainants; • Complainant Assistance;
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CLERY Fundamentals
Sexual Offense Policies Should Include: • Procedures for Campus Disciplinary Action; • Information Regarding Protecting the Confidentiality of the
Complainant; • Written Explanation of Rights and Options to Students and
Employees; and • Sanctions for a Sexual Offense.
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CLERY Training
Institutions must train their Campus Security Authorities. “Campus security authority” is a Clery-specific term that encompasses four groups of individuals and organizations associated with an institution: Campus Security Authorities: A campus police department or a campus security department of an institution. If your institution has a campus police or security department, those individuals are campus security authorities. A security department can be as small as one person.
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CLERY Training
Campus Security Authorities: Any individual or individuals who have responsibility for campus security but who do not constitute a campus police department or a campus security department (e.g., an individual who is responsible for monitoring the entrance into institutional property). Include individuals who provide security at a campus parking kiosk, monitor access into a campus facility, act as event security or escort students around campus after dark.
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CLERY Training
Campus Security Authorities Any individual or organization specified in an institution’s statement of campus security policy as an individual or organization to which students and employees should report criminal offenses. This includes any individual the campus community is directed to report criminal incidents to in addition to police or security-related personnel.
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CLERY Training
Campus Security Authorities
An official of an institution who has significant responsibility for student and campus activities, including, but not limited to, student housing, student discipline and campus judicial proceedings. An official is defined as any person who has the authority and the duty to take action or respond to particular issues on behalf of the institution.
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CLERY Training
Campus Security Authorities Should Be Trained On: • The role of CSAs; • Good crime reporting recordkeeping; • The importance of documentation; • Clery geography; • Timely reporting; and • Crimes that must be counted in an institution’s crime
statistics report policy, including: – The definition of such crimes; – How the crimes should be reported (Hierarchy Rule)
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Training Resources
• Internal • Local/state agencies, domestic violence and
sexual assault coalitions • Department of Education/White House Task Force • Online – EIIA partnered with online training
programs, free webinars via Clery Center, etc. • Third Parties – Title IX ASAP (disclosure – this is
my training program), NACUA, NASPA, etc. • www.vimeo.com/titleixasap • @titleixasap for updates
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EIIA’s Title IX Resource Link
• https://www.eiia.org/members/Risk-Management/Regulatory/Title-IX.aspx
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