1. Title IX, Clery and VAWA
What 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 2001
Dear Colleague Letter 2011
Q&A document from OCR
White 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)
Stalking
Sexual Misconduct (vs. sexual misconduct)
Consensual v. Nonconsensual Relationships
Versus CLERY ACT terms

5. Term Overlap Sexual Assault Sexual Discrimination &
Sexual Harassment
Relationship Violence & Stalking
Sexual Assault

6. Common discrimination
For Employees
Pregnancy
Hiring practices
Hostile environment issues overlooked/ignored
Someone told you something in confidence
For Students
Dating 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 wrong
Schools have responsibilities to respond; faculty and staff have responsibilities to report
Reports 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 parties
Interim measures can be taken to protect both parties and prevent recurrence
“No Contact Directive”
Cooperation with the investigation
If you want to bring an advisor, either party may do so
Informal 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 needs
Forcing or pressuring accuser or accused to take time off from school
Removing 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. Traps
The tendency is to hyper provide for the students, and forget the employees – or continue to process them at Title VII exclusively
If it can be a Title VII it can be a Title IX – and they haven’t set limits for damages under Title IX yet
Failing to adequately provide process for the accused – more litigation and counter complaints in this area

13. VAWA Provisions
Policies 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 Continued
Maintain confidentiality of victims' names when sending a warning to the campus community
The 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 Continued
The 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 Continued
The 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 Continued
1) 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 Continued
Include in ASR a statement of policy re: programs to prevent domestic violence, dating violence, sexual assault and stalking
Include in ASR procedures that will be followed after an incident of domestic violence, dating violence, sexual assault or stalking has been reported
Include in the ASR information about education programs

19. VAWA Continued
Include 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 allegation
ASR to include information re: procedures victims should follow after a sex-based offense has occurred

20. VAWA Continued
ASR to include information re: institution's disciplinary procedures
ASR to include information re: how institution will protect confidentiality of victims
ASR to include information re: on- and off-campus physical and mental health resources
ASR to include information re: victims' ability to request an accommodation

21. VAWA Continued
Institution to provide written explanation to students and employees of his/her rights and options
Prohibition on retaliating against anyone exercising his/her rights under Clery Act

22. Clery Connection
Because 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, , 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 Statistics
Failure to Report Crimes Based on Geography
Improper Classification of Crimes and Incorrect Reporting of Referrals
Lack of or Inadequate Policy Statements
Failure to Publish and Distribute the ASR as a Comprehensive Document

25. Call if you have questions
Dr. Jennifer Hammat
Ms. Roxanne Hall
Assistant Vice President for University Compliance Services UT Austin
Title IX & Clery Coordinator
Police Records Administrator for The University of Texas at Austin Police Department