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VAWA Reauthorization Act: What You Need To Know

Presenter:

Bev Baligad, J.D.Director of Student Compliance

Lansing Community College

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Disclaimer:

This presentation is not intended to be legal advice. You should seek the advice or confirmation

regarding your institution’s compliance efforts from your General Counsel if you have specific questions.

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Agenda:

I. VAWA OverviewII. VAWA/Campus SaVE Act: Clery

AmendmentsIII. The “Connections”IV. VAWA “Quick Wins”V. MCEDSV Community College

Event

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I. VAWA Overview Violence Against Women’s Act of 1994 Federal community-based initiative Designed to assist the community and law

enforcement work together to appropriately deal with sexual violence

Law is “victim-centered;” focuses on victim’s needs and community education

Tribal, law enforcement, state crisis & community based organizations, higher education

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II. VAWA/Campus SaVE Act: Clery Amendments

March 2013 Obama signed VAWA Reauthorization (VAWA 2013)

Negotiated Proposed Rulemaking (NPRM) begins

October 20, 2014 Final Regulations Published

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II. VAWA/Campus SaVE Act: Clery Amendments (cont’d)

§ 304 amended Clery Campus Sexual Violence Elimination

Act (Campus SAVE) Focuses on “sexual violence”

statistics, policy information and programming on college campuses

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III. The “Connections” Title IX, Clery, VAWA/Campus SaVE Act

share some similarities Understanding the connections and the

similarities may help give you “quick wins”

Possible to address several compliance based objectives with a single programming effort if done properly

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Quick Summary Comparison Chart  Title IX Jeanne Clery Disclosure of

Campus Security Policy and Campus Crime Statistics Act

(Clery Act)

VAWA/Campus SaVE Act (VAWA 2013)

Drug Free Schools & Communities Act (DFSCA)

Description:

Federal law that prohibits sex/gender/orientation discrimination in schools that receive federal funding

Federal law that requires colleges and universities across the United States to disclose information about crime on and around their campuses

Federal law that supports victim centered community based approach to assisting and preventing sexual and domestic violence; Section 302 amends Clery Act

Federal law that requires institutions to establish policies that address unlawful possession, use, or distribution of alcohol and illicit drugs; also requires the establishment of a drug and alcohol prevention program & a biennial review

Focus: Institutional processes and procedures to ensure discrimination, if found is addressed appropriately

Notification of safety policies, processes, and statistics to current and prospective employees and students

SaVE Act amended Clery; new statistic requirments, programming and inclusion of definitions

Policies, programs and statistics that address alcohol and drugs (AODs) for students and employees

Liabilities: Federal funding; private right of action

Federal funding; fines (same as Clery Act) Federal funding

Citation: 20 U.S.C. § 1681 et seq

20 USC § 1092(f) Title IV, sec. 40001-40703 of the Violent Crime Control and Law Enforcement Act of 1994, H.R. 3355

EDGAR Part 86

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The Connections: VAWA, Clery and Title IX

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HEA/HEOA

VAWAEDGAR Part 86

DFSCA

Title IV

DAAPP/Biennial Review

Clery

Title IX

§304 Campus

SaVE Act

Amends

Supports

Supports

Requires

Requires

Supports

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What do you need?1. Addition of the following sexual assault, domestic violence,

dating violence, and stalking policy statements/information included into the ASR:

-Programs to prevent dating violence, domestic violence, sexual assault, and stalking:-Procedures institutions will follow when an incident of

sexual assault, domestic violence, dating violence, or stalking is reported and written information provided to victims including:

-Procedures for institutional disciplinary action in cases of alleged dating violence, domestic violence, sexual assault, or stalking2. Info about how institution counts statistics but maintains

confidentiality in accordance with FERPA

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What do you need? (cont’d)3. Expand statistical info to include domestic violence,

dating violence, and stalking institutions must also4. Include statistics on number of “unfounded”

(determined by a sworn or commissioned law enforcement officer to be false or baseless)

5. Separate gender identity and national origin into two new categories of bias (under hate crime)

6. Update sex offense definitions that more closely align with the current FBI definitions and terminology (institutions will record incidences of rape, fondling, statutory rape, and incest)

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IV. VAWA “Quick Wins” Define sexual assault, domestic violence,

dating violence, and stalking Interweave your current processes together

(Title IX grievance; ASR policy information; DAAPP)

Category format changes on your stats sheet (sexual orientation/national origin; domestic violence, dating violence, stalking, “unfounded” cases)

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IV. VAWA “Quick Wins” (cont’d)

Category format changes on your stats sheet (sexual orientation/national origin; domestic violence, dating violence and stalking, unfounded)

Create a spreadsheet with the different programming efforts the institution has done with specific information in a centralized area.

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V. MCEDSV Community College Event

Next Thursday & Friday at LCC Focuses on “programming needs” for cc’s related

to the new VAWA requirements Links cc’s to community resources available to us Small group; limited seating available Potential for Fall co-sponsorship for another

event Link to register for event: https://

portal.mcedsv.org/2015-trainings/csa0615

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Thank you!

Contact information:

Bev Baligad, J.D.Email: bbaligad1@gmail.com

Phone: 517.775.2530

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Online Resources1. VAWA factsheet: https://

www.whitehouse.gov/sites/default/files/docs/vawa_factsheet.pdf 2. DOJ VAWA Reauthorization Homepage: http://

www.justice.gov/tribal/violence-against-women-act-vawa-reauthorization-2013-0

3. Office of Violence Against Women: http://www.justice.gov/ovw 4. VAWA Amendments to Clery: https://

s3.amazonaws.com/public-inspection.federalregister.gov/2014-24284.pdf 5. DFSCA manual: http://

www.higheredcompliance.org/resources/resources/dfscr-hec-2006-manual.pdf

6. Title IX/Campus Save Act: http://knowyourix.org/understanding-the-campus-save-act/

7. Acenet Summay: http://www.acenet.edu/news-room/Documents/VAWA-Summary.pdf

8. Government website: https://www.notalone.gov/

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