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Risk & Resilience:Demystifying Title IX
and the Clery ActPresented by:
Catherine Spear, Assistant Vice President for Equal Opportunity Programs
Gabe Gates, Assistant Vice President for Clery Compliance
Title IX VAWAClery
Title IX of the Education Amendments of 1972
The Violence Against Women Reauthorization
Act of 2013
The Jeanne Clery Act (1990)
• Prohibits sex discrimination in educational institutions that receive federal funds
• Amends Clery to expand sexual assault requirements and include dating violence, domestic violence, and stalking; applies to all students and employees
• Requires reporting of crimes, timely warnings, education/prevention programs, and policies and procedures for sexual assault
1 2 3
INCIDENT
UNIVERSITY REPORT
Faculty
Athletics Residence Staff
Student Affairs
HR Professional University Police
Advisor
Administrator
Central process to uniformly vet all complaints of sexual and gender-based harassment and violence
University’s Response Policies/Procedures Informed by:
University CounselCriminal Law
(Loc. Law Enforcement)
Title IX(OCR)
Clery Act(DOE)
Negligence(Civil Counsel)
FERPA(DOE)
HIPAA(HHS/CMS/OCR)
State Laws(AG)
VAWA(DOE)
NCAA Child ProtectiveServices
(CPS)University Policy(Internal)
Other
CRIMINAL DEFENSE LAW ENFORCEMENT CIVIL/REGULATORY ACTIONS
MEDIA INQUIRIES
911 Call
Arrest on scene
Detective SVU
Interview victim
Search warrant
Investigation
Physical evidence
Photographs Other interviews
Warrant
Arrest
Preliminary Arraignment
– set bail
Formal Arraignment
Timetable set
Preliminary hearing –
witness calledPre-trial
conference
Motions Offer/plea
TrialJury
(weeks)
Bench (days)
Pre-sentence investigation
Appeal Sentencing
Interview witnesses
Subpoena witnesses
Advise client not to participate in
disciplinary proceeding
Request deferral of disciplinary proceeding
Victim Offender
Claims
Civil discovery process
Depositions/ Interrogatories
Document requests / Interviews
Request records
?
?
?
?
?
?
Regulatory Investigation
?
Individual and Community
Needs
FERPA State Law
Guid-ance
Clery VAWA
Title IX
Legal Framework Needs of Those We Serve
Understanding Title IX
“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
20 USCA Sec. 1681
The Law:
Understanding Title IX
Who Must Follow:
• Protects students, employees, and third parties from sexual and gender-based harassment and violence by any school employee, another student, or a non-employee third party.
Who it Protects:
• All recipients of federal financial assistance
• A harassed student or employee• The student’s parent or guardian• A third party• Anyone who requests action on the student or
employee’s behalf
Who can file:
Understanding Title IX
• Requires grievance procedures for “prompt and equitable” resolution of student and employee complaints;
• A school violates Title IX if it “has notice” of a sexually hostile environment and fails to take immediate and effective corrective action. A school has notice if a responsible employee knew or, in the exercise of reasonable care, should have known about the harassment.
• Once a school “knew or should have known,” the school must: • Eliminate the harassment,• Prevent its recurrence, and• Address its effects
What it Requires:
Examples of Conduct Covered Under Title IX
• Sexual discrimination and harassment– Verbal– Physical– Electronic
• Sexual violence– Rape– Sexual assault– Exploitation
• Stalking– Cyberstalking
• Interpersonal violence– Intimate partner – Domestic– Dating– Relationship
• Retaliation• Gender-based
discrimination and harassment
• Bullying/hazing
Title IX and Law Enforcement: Two Distinct Systems
Source: OCR Dear Colleague Letter, April 4, 2011, pp. 4, 10
“A law enforcement investigation does not relieve the school of its independent Title IX obligation to investigate the conduct” and “resolve complaints promptly and equitably.”
“Police investigations may be useful for fact-gathering, but because the standards for criminal investigations are different, police investigations or reports are not determinative of whether sexual harassment or violence violates Title IX.”
“Conduct may constitute unlawful sexual harassment under Title IX even if the police do not have sufficient evidence of a criminal violation.”
VAWA and Criminal Process
Options regarding law enforcement and campus authorities, including notification of the victim's options:
– Notify proper law enforcement authorities, including on-campus and local police
– Be assisted by campus authorities in notifying law enforcement authorities if the victim so chooses
– Decline to notify the authorities”
2013 Reauthorization of the Violence Against Women Act, March 2013
“Policies shall address procedures victims should follow if a sex offense, domestic violence, dating violence, sexual assault, or stalking has occurred, including information in writing about:
Title IX’s Top Ten1. Policies – solid foundation2. Procedures – consistent implementation3. Training – staff, faculty, students4. Prevention Programs5. Effective Communication6. Trauma-Informed Forensic Investigations7. Adequate Staffing8. Confidential Resources9. Pay Attention – Trends10. The long view…
Infographic: What Students Need to Know
University Process: At A Glance
Clery Act Background
“Knowledge is Power”Sir Francis Bacon
The Jeanne Clery Act is named in memory of 19-year-old Lehigh University freshman Jeanne Clery who was brutally raped and murdered while asleep in her residence hall room in 1986. Shortly after Jeanne’s murder, her parents discovered that in the three years prior to her murder, 38 violent crimes had occurred on Lehigh’s campus.
The Clery Act, codified at 20 USC 1092 (f) as a part of the Higher Education Act of 1965, requires all institutions to disclose certain information about campus crime and security policies.
Legislative History
◦ Originally signed into law by President Bush in 1990 as the Student Right to Know and Campus Security Act.
◦ Amended in 1992, 1998, 2000, 2008, and 2013.
Department of Education’s Authority
◦ The Department may impose a civil monetary penalty of up to $35,000 per violation.
◦ ED may also place restrictions and limitations on the institution’s ability to participate in federal funding programs, up to complete suspension.
Clery Act Overview
Collect, Classify, and Count
Crime
Issue Campus Alerts
Including:Timely Warnings
andEmergency Notifications
Publish an Annual Security
Report
Every Institution Must
Clery Act Requirements
Disclose Missing Student Protocols
Maintain a Daily Crime Log
Maintain a Daily Fire Log and
Publish an Annual Fire Report
Institutions with Campus Police and/or Student Housing Must
Clery Act Requirements, continued
Clery also speaks to sexual offenses
• Educational programs to promote awareness
• Procedures students should follow if a sex offense occurs, including:
– Reporting procedures– The importance of preserving
evidence
• Information on law enforcement reporting options and how the University can assist
• Notifying students of existing resources and services
• Duty to warn/timely warnings (not precluded by FERPA)
• Notifying students of university accommodations after an alleged sex offense
• Develop procedures
• Same opportunities for accuser and accused during a disciplinary hearing
• Notify of outcomes
• Develop sanctions
The Clery Act requires the gathering and disclosure of campus crime statistics, and mandates the collection of information regarding incidents from non-law enforcement “campus security authorities.”
“Campus security authority” is a Clery-specific term that encompasses four groups of individuals and organizations associated with an institution:
1) University Police2) Non-police people or offices responsible for campus security3) Officials with significant responsibility for student and campus activities
Examples: An Administrator of students Athletic Directors
Athletic Coaches Faculty Advisors to student organizations Resident Assistants/Advisors Coordinators of Greek Affairs
4) 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
Campus Security Authorities
Reportable Crimes: Homicide Aggravated assault Sex offense, ◦ Rape, Fondling, Statutory Rape, &
Incest Burglary Robbery Motor vehicle theft Arson Hate Crime Drug/Alcohol/Weapon Law Violations Domestic Violence Dating Violence Stalking
Reportable Locations:
1. On campus
2. Off-campus buildings, owned, leased, or controlled
3. Public property within, or immediately adjacent to and accessible from the campus
Clery Crimes and Locations
Gabe GatesUniversity of Virginia
Assistant Vice President for Clery Compliance434-297-6462
Catherine SpearUniversity of Virginia
Assistant Vice President for Equal Opportunity Programs434-924-7179
Contact Information