1. The Compliance Alphabet Soup: What does it all mean?
CLERYFERPATITLEIX
The Compliance Alphabet Soup: What does it all mean?
Laura Ann Forest
Kelley Taylor
Susan McCallister
February 23, 2018

2. How much training have you received on the Clery act?
None
Less than 1 hour
1-4 hours
More than 4 hours

3. How much training have you received on Title IX?
None
Less than 1 hour
1-4 hours
More than 4 hours

4. How much training have you received on FERPA?
None
Less than 1 hour
1-4 hours
More than 4 hours

5. Responsible Employees and Campus Security Authorities (CSAs) are the same thing.
True
False

6. Audience Question #4 - Answer
FALSE: Responsible Employee is a term used by Title IX and refers to employees who have mandatory reporting obligations under the law. Campus Security Authority (CSA) is a term used by the Clery Act and refers to individuals who have a responsibility to report crimes to the institution for inclusion in statistics.

7. Faculty members who have no responsibilities outside the classroom must report:
All crimes on university owned property
All crimes regardless of location
Sexual misconduct regardless of location
A and C
None of the above

8. Audience Question #5 - Answer
C: Faculty members with no responsibilities outside of the classroom are Responsible Employees and must report sexual misconduct. If a faculty member is an advisor to a student organization or has other significant responsibility for campus activities, then they are also a Campus Security Authority and must report all crimes occurring on university owned or controlled property.

9. Anonymous reports can be made to Responsible Employees.
True
False

10. Audience Question #6 - Answer
FALSE: Responsible Employees must report all information they have about an incident, including identities of those involved, to the Title IX Coordinator. There are limited exceptions, including incidents disclosed in class assignments or research.

11. Student conduct records are considered education records and are protected by FERPA.
True
False

12. Audience Question #7 - Answer
TRUE:
Disciplinary records are considered education records and are generally protected from disclosure by FERPA, with limited exceptions. These include, but are not limited to, health and safety emergencies and disclosure in connection with a disciplinary proceeding for a crime of violence or sexual assault.

13. Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 1990 (Clery Act)

14. Clery Basics Consumer disclosure law Disclosure of:
Intended to help current and prospective students and employees make informed decisions
Disclosure of:
Campus safety, security (and fire safety) policies
Crime (and fire) statistics
Emergency notification and procedures
Sexual assault, domestic/dating violence, and stalking programs

15. Program Participation Agreement
Required of all institutions who receive federal financial aid
Must certify compliance with Clery Act and Drug- Free Schools and Communities Act (DFSCA)
Administrative capability assessed by:
Adequate and appropriately trained staff
Policies and procedures on how you will comply
Responsibilities distributed across institution
Signed by president of institution

16. Clery Crimes Concepts Clery Crimes include crimes that are:
Alleged
Attempted in any way
Completed
Crime definitions don’t match state codes
Included in statistics if:
Clery Crime
On Clery Geography AND
Reported to Campus Security Authority

17. Campus Security Authorities
Campus security/police
Others responsible for security, including access monitors
Those designated as someone to whom individuals should report crimes
Title IX Coordinator
Anyone else with significant responsibility for student and campus activities

18. Clery Geography Recent Guidance
Institution-associated entities
Foundation, holding company, subsidiary, alumni association, booster club, etc.
Reasonably contiguous
“One mile guidance”
Short stay “away” trips
More than one night
Repeated use
Used at least once per year
Mobile classrooms/research

19. Clery Act – By the Numbers @ AU
Crimes
Over 1,500 crime reports and 400 referrals processed annually
Must be added to crime log within 2 business days
Statistics requests to ~700 agencies for 2017
Geography
Over 600 student organizations with frequent events
Over 800 study abroad programs
Athletic team travel
Academic programs

20. Clery Act – By the Numbers @ AU
CSAs
Over 1,100 faculty, staff and volunteers
Contract employees – security, police
Separate Campuses
11 identified in 2015
Constantly evaluating for additional
Must independently comply with all Clery requirements

21. Clery Act – Possible Changes
Report and Educate About Campus Hazing (REACH) Act
Statistics – hazing incidents, arrests, referrals
Hazing education program
Campus Accountability & Safety Act (CASA)
Statistics – number of sex offenses reported to TIX Coordinator & dispositions
Biannual campus climate survey & results
Both or portions of both may be included in HEA Reauthorization

22. Clery vs. Title IX Topic Clery Title IX Required Reporting
Campus Security Authorities must report crimes.
Responsible employees must report all forms of sexual harassment.
Geography
Properties owned or controlled by university or student organizations and used by students.
No limits.
Confidentiality
PII must be protected and only shared in very limited circumstances.
PII must be shared with Title IX Coordinator if known, in order to conduct an investigation.
Report To
Campus police or security
Title IX Coordinator

23. Title IX

24. Title IX Basics Sex non-discrimination statute passed in 1972
Applies to all institutions receiving federal funds
Originally concerned primarily with access to educational and extracurricular programs where women were historically excluded
Evolution through Department of Education (ED) guidance documents and court cases
2001- Defined Responsible Employee - any employee who has the authority to take action to redress sexual harassment; who has been given the duty of reporting incidents of sexual harassment to the Title IX Coordinator or designee; or whom a student could reasonably believe has the authority or duty to take action to redress sexual harassment

25. Title IX Game Changer
4/4/11 “Dear Colleague Letter” (DCL) from ED to schools/colleges/universities
Concerned particularly with student on student sexual violence
Directive to Educators: End the Harassment, Address Its Effects, Prevent its Recurrence
Defined a school’s independent responsibility to investigate and address sexual violence, regardless of status of a criminal investigation
Required steps be taken to protect the complainant as necessary, including interim steps prior to investigation outcome

26. Title IX Game Changer
4/4/11 “Dear Colleague Letter” from ED to schools
Required a school to have a designated TIX Coordinator, publish a policy against sex discrimination, and adopt and publish grievance procedures
Required schools to use the “preponderance of the evidence” standard to resolve complaints of sex discrimination/sexual violence
Required schools to allow both parties in a sex discrimination/sexual violence case to present evidence/witnesses
Required schools to notify both parties concurrently of case outcome

27. Title IX – Post April 2011
Complaints of all forms of sexual violence have risen dramatically at most universities
At AU, approximately 400% increase in five years
Detailed policies and procedures are the “new normal” at most schools
Increased staffing/deputies to conduct investigations
Large numbers of Title IX compliance investigations opened by Department of Education

28. Title IX – 2017 Interim Guidance
9/22/17 - New administration issues new Dear Colleague Letter
New letter withdraws policy statements and guidance reflected in OCR’s Dear Colleague Letter on Sexual Violence (April 4, 2011), and Questions and Answers on Title IX and Sexual Violence (April 29, 2014)
Q&A on Campus Sexual Misconduct provides information about how OCR will assess a school’s compliance with Title IX while it engages in rulemaking on this topic

29. FERPA

30. FERPA – Quick & Dirty
FERPA gives students four basic rights with respect to their education record:
The right to control disclosure of their education record
The right to review their education record
The right to request amendment of inaccurate or
misleading portions of their education record
The right to file a complaint regarding non-compliance of
FERPA with the Family Policy Compliance Office of the
U.S. Department of Education

31. FERPA – Directory Information
Directory information is information contained in a student's education record that would not generally be considered harmful or an invasion of privacy if disclosed. FERPA requires each institution to define its directory items.
Name
Address (local, permanent, and electronic mail)
Telephone numbers
Class level (semester classification or level: first-year, sophomore, junior, etc.)
Major
Student activities
Weight/height (athletic teams)
Date(s) of attendance
Enrollment status (full-time, part-time or not enrolled)
Date of graduation
Degrees and awards received and where received
Most recent educational institution attended
A student's directory information may be released to an inquirer, outside the University, unless the student specifically requests that directory information be withheld. FERPA does not require that directory information be released
It is at the discretion of the institution

32. FERPA – What Records are Protected?
Education records are defined as records, files, documents, and other materials that contain information directly related to a student and are maintained by the University or by a person acting for the University. Education records take many forms, including paper and electronic. Education records include:
Grades
Class lists
Student course schedules
Disciplinary records
Student financial records
Payroll records for employees who are employed as a direct result of their status as students (e.g. work study, assistantships, resident assistants)

33. FERPA – What Records are NOT Protected?
The following records are excluded from the definition of education records:
"Sole possession" records made by faculty and staff for their own use as reference or memory aids and not shared with others
Personal observations
University law enforcement records
Medical and mental health records used only for the treatment of the student
Alumni records

34. Case Study

35. Immediate Considerations
In small groups, discuss the following:
Are you able to maintain confidentiality?
What immediate actions could you take to support the student?

36. Confidentiality – Title IX
Responsible Employees must report all information they have about an incident to the Title IX Coordinator
Includes identities of those involved
Limited exceptions, including incidents disclosed in class assignments or research

37. Confidentiality – Clery
Institutions must maintain confidentiality of victims of:
Sexual assault
Domestic/dating violence
Stalking
Victim does not have to request
Only information necessary to provide accommodations or protective measures may be shared

38. Immediate Actions/Support
Help the student feel safe and develop a safety plan
Advise the student of resources
Victim advocacy groups (check with your institution about 24/7 services available)
Sexual Assault Support & Help for Americans Abroad
Advise the student of reporting options
Title IX
Local law enforcement

39. Reporting In small groups, discuss the following:
Who is considered a Campus Security Authority for this program? Who is considered a Responsible Employee?
To whom do you need to report the incident? Does the location of the assault make a difference?
What information do you need in order to properly report?

40. CSAs/Responsible Employees
Campus Security Authorities
Site leader
Trip advisor
Responsible Employees

41. Reporting Requirements
Clery
Bus is chartered by university, so university is in control of space
Must report to office designated by your institution to receive crime report information
For crime log, statistics, and possible timely warning
Title IX
Sexual violence involving university affiliates
Must report to Title IX Coordinator regardless of location
For investigation, accommodations/protective measures, and possible disciplinary action

42. Information Needed Clery Title IX Date, time, location
Details about nature of incident so it can be properly classified
Whether there is an ongoing threat
NAMES NOT NEEDED
Title IX
All details known about incident
Include names

43. Information Sharing In small groups, discuss the following:
What information can be shared with the survivor’s parents?
Does the university have an obligation to send out a timely warning about the crime that was reported?

44. Sharing Information with Parents
Clery
Requires institutions to keep PII and accommodations/protective measures confidential
FERPA
Disciplinary records are considered education records and are generally protected with limited exceptions
Health and safety emergencies
Disclosure in connection with a disciplinary proceeding for a crime of violence or sexual assault
Other

45. Timely Warning
Office responsible for timely warnings will assess whether ongoing threat
Important considerations:
Prior arrests or history of violence
Level of violence involved
Threats to commit violence
Use of alcohol or drugs to facilitate act
Incapacitation of victim
Indications of a pattern
Aggravating circumstances or signs of predatory behavior

46. Questions?