Presentation on theme: "Title IX, Clery and VAWA What are we talking about and how does an audit of these processes help you? Jennifer Hammat & Roxanne Hall."— Presentation transcript:
1 Title IX, Clery and VAWAWhat are we talking about and how does an audit of these processes help you?Jennifer Hammat & Roxanne Hall
2 What is Title IX? A section of the Education Amendments of 1972 “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.”This policy covers all people (irrespective of gender identity/expression or sexual orientation identity.
3 Why now? Thousands of students are victims each year Dear Colleague Letter 2001Dear Colleague Letter 2011Q&A document from OCRWhite House Task Force (NotAlone.gov)It’s On Us campaign (White House)The Law Makers are Onboard
4 Terminology Sex Discrimination, Sexual Harassment Sexual assault Sexual violence/Interpersonal Violence (domestic violence & dating violence)StalkingSexual Misconduct (vs. sexual misconduct)Consensual v. Nonconsensual RelationshipsVersus CLERY ACT terms
5 Term Overlap Sexual Assault Sexual Discrimination & Sexual HarassmentRelationship Violence & StalkingSexual Assault
6 Common discrimination For EmployeesPregnancyHiring practicesHostile environment issues overlooked/ignoredSomeone told you something in confidenceFor StudentsDating violence, domestic violence, stalking, and sexual assault
7 Reporting“Once a school knows or reasonably should know”, it must take immediate action to end the discrimination and right the wrongSchools have responsibilities to respond; faculty and staff have responsibilities to reportReports can be anonymous, but they must be reported.Tell faculty not to handle it on their own.Call one of the Title IX Coordinators
8 Due Process for Accused Due process is required for both partiesInterim measures can be taken to protect both parties and prevent recurrence“No Contact Directive”Cooperation with the investigationIf you want to bring an advisor, either party may do soInformal vs. formal investigations
9 Publicize Title IX Coordinators Who are they?(Names) Where are they? (Office and the physical address) How can I reach them? (Telephone number & address)Distribute the Notice of Non-Discrimination (separate communication)Publish Grievance Procedures & how to file a complaint with your campus AND with OCR
10 Retaliation Threats, intimidation Discipline Failure to accommodate needsForcing or pressuring accuser or accused to take time off from schoolRemoving accuser from teams, clubs, etc.It doesn’t matter if the claim is true. Retaliation is prohibited.I know it’s against the law to retaliate against someone who makes a complaint. What are some ways that students/employees might feel they are being retaliated against? What should we look out for?Who is covered by this retaliation clause? Is it just the faculty, or does it include administration and other students as well?
11 TrapsThe tendency is to hyper provide for the students, and forget the employees – or continue to process them at Title VII exclusivelyIf it can be a Title VII it can be a Title IX – and they haven’t set limits for damages under Title IX yetFailing to adequately provide process for the accused – more litigation and counter complaints in this area
13 VAWA ProvisionsPolicies that encourage prompt reporting of crimes when "victim elects or is unable to make such a report"Addition of categories of prejudice to hate crimes (national origin and gender identity)Must start collecting and reporting on domestic violence, dating violence and stalking incidents reported to campus security authorities or local police
14 VAWA ContinuedMaintain confidentiality of victims' names when sending a warning to the campus communityThe term "dating violence" means violence committed by a person (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship. (ii) The type of relationship. (iii) The frequency of interaction between the persons involved in the relationship.
15 VAWA ContinuedThe term "domestic violence" includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction.
16 VAWA ContinuedThe term "stalking" means engaging in a course of conduct directed at a specific person that would cause a reasonable person to - (A) fear for his or her safety or the safety of others; or (B) suffer substantial emotional distress.The term "sexual assault" means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the FBI.
17 VAWA Continued1) In collecting statistics re: murder, sex offenses, robbery, and hate crimes (including national origin and gender identity), etc. use definitions provided by the DOJ and FBI ) In collecting statistics re: domestic violence, dating violence and stalking, use definitions provided by VAWA
18 VAWA ContinuedInclude in ASR a statement of policy re: programs to prevent domestic violence, dating violence, sexual assault and stalkingInclude in ASR procedures that will be followed after an incident of domestic violence, dating violence, sexual assault or stalking has been reportedInclude in the ASR information about education programs
19 VAWA ContinuedInclude in the ASR information re: possible sanctions or protective measures that may be imposed following a final determination of the institution's disciplinary procedure re: a sex-related allegationASR to include information re: procedures victims should follow after a sex-based offense has occurred
20 VAWA ContinuedASR to include information re: institution's disciplinary proceduresASR to include information re: how institution will protect confidentiality of victimsASR to include information re: on- and off-campus physical and mental health resourcesASR to include information re: victims' ability to request an accommodation
21 VAWA ContinuedInstitution to provide written explanation to students and employees of his/her rights and optionsProhibition on retaliating against anyone exercising his/her rights under Clery Act
22 Clery ConnectionBecause the Department of Education developed for institutions and handbook on the requirements for compliance under the Clery Act, developing audit tools may be slightly easier.The Handbook for Campus Safety and Security Reporting, https://www2.ed.gov/admins/lead/safety/handbook.pdf , Appendix E provides a “Checklist for the Various Components of Campus Safety and Security Compliance”We can use this checklist as a starting point for our audit instruments
23 Clery Compliance Considerations We must also look to Department of Education Final Program Review Determinations.The determinations give us insight into the standard that the DOE Program Review Team uses for their review.
24 Determination Findings From The Clery Center for Security on Campus training:Inadequate Systems for Collecting StatisticsFailure to Report Crimes Based on GeographyImproper Classification of Crimes and Incorrect Reporting of ReferralsLack of or Inadequate Policy StatementsFailure to Publish and Distribute the ASR as a Comprehensive Document
25 Call if you have questions Dr. Jennifer HammatMs. Roxanne HallAssistant Vice President for University Compliance Services UT AustinTitle IX & Clery CoordinatorPolice Records Administrator for The University of Texas at Austin Police Department