This document outlines an agenda and schedule for a Title IX and Campus Security Authority training program. It discusses the key topics to be covered, including an overview of Title IX institutional obligations, understanding sexual and gender violence on campus, the duties of a Title IX coordinator, complaint intake and investigations, and conducting hearings. It also lists the faculty members leading the training and provides information on breaks and times for discussion exercises using a case study example.
Law, policy, and governance artifact 1 legal aspects of sexual assault in o...Nicole Cartier
This document discusses legal aspects of sexual assault that occur in on-campus housing in Massachusetts. It provides statistics showing that the majority of sexual assaults involve male perpetrators and female victims who know each other, often occurring in on-campus housing. The document discusses institutions' responsibilities under Title IX to prevent discrimination, including sexual assault. It also discusses how the legal concepts of duty of care and due process apply to institutions and victims/perpetrators regarding sexual assault cases. The document examines policies at Babson College and Westfield State University addressing these issues.
Law, policy, and governance artifact 2 legal aspects of sexual assault &...Nicole Cartier
This document discusses legal aspects of addressing sexual assault and rape in higher education student conduct codes. It provides background on the history and evolution of Title IX and student conduct codes. It defines sexual assault and rape, and explores how rape is addressed in conduct codes. Laws around duty of care, due process and federal funding are examined. Mandatory accreditation processes and best practices around prevention programming and Title IX compliance are also summarized.
Title IX - Focusing on the Important SCCLEAMargolis Healy
This document discusses Title IX and the Dear Colleague Letter (DCL) on Title IX issued by the Department of Education. It provides an overview of key topics in 3 points:
1. It outlines what Title IX is and how it prohibits sex discrimination in education programs receiving federal funds.
2. It summarizes the important aspects of the DCL, including designating a Title IX coordinator, adopting grievance procedures, publishing a nondiscrimination policy, and conducting adequate investigations of sexual harassment complaints.
3. It advises institutions on next steps, including notifying their community of the Title IX coordinator, grievance procedures, and nondiscrimination policy in order to comply with Title IX requirements.
The Dear Colleague Letter of April 4, 2011 outlines how institutions must respond promptly to incidents of sexual harassment and violence, protect complainants through actions like no-contact directives and accommodations, conduct thorough investigations, and provide equitable and prompt resolutions to complaints. Institutions must also train investigators and disciplinary committees on issues of sexual harassment and violence. The letter aims to address underreporting of sexual assault on college campuses and reset the balance between individual rights and community responsibilities around this issue.
This document summarizes an employment law seminar discussing the EEOC's new guidance on criminal background checks. The guidance aims to address disparate impact concerns but provides some defenses for employers. It recommends targeted screens over blanket exclusions and allowing individualized assessments. It also discusses the tension between Title VII, negligent hiring liability, and some state laws requiring background checks. Employers are advised to narrowly tailor criminal screening policies based on relevant offenses and jobs, and to provide opportunities to appeal exclusions.
This annotated bibliography contains sources related to campus carry laws and safety. The sources cover topics such as the constitutionality of campus carry restrictions, the effectiveness of gun-free zones, approaches to threat assessment, and the need for an interdisciplinary analysis of school violence. One source proposes that allowing concealed carry on campus may help discourage mass shootings by enabling citizens to stop violence, while others argue that educational institutions should determine their own policies without legislative interference.
This document outlines an agenda and schedule for a Title IX and Campus Security Authority training program. It discusses the key topics to be covered, including an overview of Title IX institutional obligations, understanding sexual and gender violence on campus, the duties of a Title IX coordinator, complaint intake and investigations, and conducting hearings. It also lists the faculty members leading the training and provides information on breaks and times for discussion exercises using a case study example.
Law, policy, and governance artifact 1 legal aspects of sexual assault in o...Nicole Cartier
This document discusses legal aspects of sexual assault that occur in on-campus housing in Massachusetts. It provides statistics showing that the majority of sexual assaults involve male perpetrators and female victims who know each other, often occurring in on-campus housing. The document discusses institutions' responsibilities under Title IX to prevent discrimination, including sexual assault. It also discusses how the legal concepts of duty of care and due process apply to institutions and victims/perpetrators regarding sexual assault cases. The document examines policies at Babson College and Westfield State University addressing these issues.
Law, policy, and governance artifact 2 legal aspects of sexual assault &...Nicole Cartier
This document discusses legal aspects of addressing sexual assault and rape in higher education student conduct codes. It provides background on the history and evolution of Title IX and student conduct codes. It defines sexual assault and rape, and explores how rape is addressed in conduct codes. Laws around duty of care, due process and federal funding are examined. Mandatory accreditation processes and best practices around prevention programming and Title IX compliance are also summarized.
Title IX - Focusing on the Important SCCLEAMargolis Healy
This document discusses Title IX and the Dear Colleague Letter (DCL) on Title IX issued by the Department of Education. It provides an overview of key topics in 3 points:
1. It outlines what Title IX is and how it prohibits sex discrimination in education programs receiving federal funds.
2. It summarizes the important aspects of the DCL, including designating a Title IX coordinator, adopting grievance procedures, publishing a nondiscrimination policy, and conducting adequate investigations of sexual harassment complaints.
3. It advises institutions on next steps, including notifying their community of the Title IX coordinator, grievance procedures, and nondiscrimination policy in order to comply with Title IX requirements.
The Dear Colleague Letter of April 4, 2011 outlines how institutions must respond promptly to incidents of sexual harassment and violence, protect complainants through actions like no-contact directives and accommodations, conduct thorough investigations, and provide equitable and prompt resolutions to complaints. Institutions must also train investigators and disciplinary committees on issues of sexual harassment and violence. The letter aims to address underreporting of sexual assault on college campuses and reset the balance between individual rights and community responsibilities around this issue.
This document summarizes an employment law seminar discussing the EEOC's new guidance on criminal background checks. The guidance aims to address disparate impact concerns but provides some defenses for employers. It recommends targeted screens over blanket exclusions and allowing individualized assessments. It also discusses the tension between Title VII, negligent hiring liability, and some state laws requiring background checks. Employers are advised to narrowly tailor criminal screening policies based on relevant offenses and jobs, and to provide opportunities to appeal exclusions.
This annotated bibliography contains sources related to campus carry laws and safety. The sources cover topics such as the constitutionality of campus carry restrictions, the effectiveness of gun-free zones, approaches to threat assessment, and the need for an interdisciplinary analysis of school violence. One source proposes that allowing concealed carry on campus may help discourage mass shootings by enabling citizens to stop violence, while others argue that educational institutions should determine their own policies without legislative interference.
Title IX prohibits sex discrimination in educational programs and activities that receive federal funding. It requires colleges to address sexual harassment and assault complaints promptly and prevent recurrence. The Title IX coordinator oversees compliance and helps victims access support and remedies. Reporting sex discrimination to the coordinator allows the college to address issues and protect the community from harm. Confidential resources are also available to discuss options without triggering an investigation.
Title IX Training at SUNY Oswego (2013 Edition)sunyoswegoshare
The document provides information about Title IX and how to report sex discrimination at colleges. It explains that Title IX prohibits sex-based discrimination in education programs that receive federal funding. It defines sexual harassment and violence and notes that all forms of sex discrimination should be reported to the Title IX Coordinator. The Title IX Coordinator is specially trained to help victims navigate the complaint process and seek remedies in a fair and organized manner.
This document outlines the Occidental College Sexual Misconduct Policy, which prohibits sexual harassment, violence, stalking and intimate partner violence. It provides definitions for prohibited conduct and consent. The policy applies to all community members and covers conduct that occurs on or off campus. It establishes resources and reporting options for victims, as well as procedures for investigating and resolving complaints against students, staff or faculty. The college is committed to preventing discrimination, providing support for victims, and addressing safety concerns through this comprehensive policy.
Title IX prohibits sex discrimination in schools and requires them to address sexual harassment against students. Sexual harassment includes unwelcome sexual advances, requests for favors, and other verbal or physical conduct of a sexual nature that denies or limits a student's ability to participate in or benefit from a school program. Schools must consider factors like the nature of the conduct and context to determine if it constitutes sexual harassment. Sexual harassment of a student by a teacher violates Title IX, and schools are obligated to take immediate action in such cases while respecting employees' due process rights and confidentiality standards for complainants.
Dr. William Allan Kritsonis, Public School Law, School Law, School Legal Issues, Educational Laws & Policies
Professorial Roles
Dr. Kritsonis has served in professorial roles at Central Washington University, Washington; Salisbury State University, Maryland; Northwestern State University, Louisiana; McNeese State University, Louisiana; and Louisiana State University, Baton Rouge in the Department of Administrative and Foundational Services.
In 2006, Dr. Kritsonis published two articles in the Two-Volume Set of the Encyclopedia of Educational Leadership and Administration published by SAGE Publications, Thousand Oaks, California. He is a National Reviewer for the Journal of Research on Leadership, University Council for Educational Administration (UCEA).
In 2007, Dr. Kritsonis was invited to write a history and philosophy of education for the ABC-CLIO Encyclopedia of World History.
Currently, Dr. Kritsonis is Professor of Educational Leadership at Prairie View A&M University – Member of the Texas A&M University System. He teaches in the PhD Program in Educational Leadership. Dr. Kritsonis taught the Inaugural class session in the doctoral program at the start of the fall 2004 academic year. In October 2006, Dr. Kritsonis chaired the first doctoral student to earn a PhD in Educational Leadership at Prairie View A&M University. He has chaired over 18 doctoral dissertations. He lives in Houston, Texas.
Title IX prohibits sex discrimination in schools and requires them to address sexual harassment against students. Sexual harassment includes unwelcome sexual advances, requests for favors, and other verbal or physical conduct of a sexual nature that denies or limits a student's ability to participate in or benefit from a school program. Schools must consider factors like the nature of the conduct and context to determine if it constitutes sexual harassment. Sexual harassment of a student by a teacher violates Title IX, and schools are obligated to take immediate action in such cases while respecting employees' due process rights and confidentiality standards for complainants.
Professor William Allan Kritsonis, PhD - Distinguished Alumnus, Central Washington University, College of Education and Professional Studies, Ellensburg, Washington.Dr. Kritsonis has traveled and lectured extensively throughout the United States and world-wide. Some international travels include Australia, New Zealand, Tasmania, Turkey, Italy, Greece, Monte Carlo, England, Holland, Denmark, Sweden, Finland, Russia, Estonia, Poland, Germany, Mexico, the Caribbean Islands, Mexico, Switzerland, Grand Cayman, Haiti, St. Maarten, St. John, St. Thomas, St. Croix, St. Lucia, Puerto Rico, Nassau, Freeport, Jamaica, Barbados, Martinique, Canada, Curacao, Costa Rico, Aruba, Venezuela, Panama, Bora Bora, Tahiti, Latvia, Spain, Honduras, and many more. He has been invited to lecture and serve as a guest professor at many universities across the nation and abroad.
Sexual harassment by school employees - Lecture Notes William Allan Kritsoni...William Kritsonis
This document discusses sexual harassment of students by school employees and a school's responsibilities under Title IX. It defines sexual harassment and notes that it can deny students equal access to education. Schools must address unwelcome conduct of a sexual nature, consider whether it limits students' ability to participate, and take immediate action in harassment cases. The guidance examines assessing harassment, evidence, employee violations of Title IX, grievance procedures, and protecting due process rights while preventing sexual misconduct.
Dr. William Allan Kritsonis, Public School Law, School Law, School Legal Issues, Educational Laws & Policies
Professorial Roles
Dr. Kritsonis has served in professorial roles at Central Washington University, Washington; Salisbury State University, Maryland; Northwestern State University, Louisiana; McNeese State University, Louisiana; and Louisiana State University, Baton Rouge in the Department of Administrative and Foundational Services.
In 2006, Dr. Kritsonis published two articles in the Two-Volume Set of the Encyclopedia of Educational Leadership and Administration published by SAGE Publications, Thousand Oaks, California. He is a National Reviewer for the Journal of Research on Leadership, University Council for Educational Administration (UCEA).
In 2007, Dr. Kritsonis was invited to write a history and philosophy of education for the ABC-CLIO Encyclopedia of World History.
Currently, Dr. Kritsonis is Professor of Educational Leadership at Prairie View A&M University – Member of the Texas A&M University System. He teaches in the PhD Program in Educational Leadership. Dr. Kritsonis taught the Inaugural class session in the doctoral program at the start of the fall 2004 academic year. In October 2006, Dr. Kritsonis chaired the first doctoral student to earn a PhD in Educational Leadership at Prairie View A&M University. He has chaired over 18 doctoral dissertations. He lives in Houston, Texas.
Title IX prohibits sexual harassment of students in schools. Sexual harassment includes unwelcome sexual advances, requests for favors, and other verbal or physical harassment of a sexual nature that denies or limits a student's ability to participate in or benefit from a school program. Schools are responsible for addressing two types of sexual harassment - quid pro quo harassment, where a student faces retaliation for refusing sexual advances, and creating a hostile environment through severe or pervasive conduct of a sexual nature. When investigating complaints of sexual harassment, schools must consider factors such as the nature of the conduct, context, and credibility of students involved to determine if Title IX was violated.
The Campus Sexual Violence Elimination Act: What You Need to KnowJennifer Hill
This document summarizes information presented at a conference on the Campus Sexual Violence Elimination Act. It defines key terms like sexual assault, dating violence, and stalking. It discusses the prevalence and consequences of campus sexual violence and risk factors. It outlines recent federal policy requirements for colleges, including the White House Task Force report that provides guidance on complying with Title IX, the Clery Act, and the Campus SaVE Act regarding campus sexual assault. The document stresses the importance of regularly assessing sexual misconduct policies for legal and survivor needs compliance.
The Future of Sexual and Relationship Violence PreventionKatie Mitchell
The document discusses strategies for preventing sexual violence on college campuses. It addresses legal and policy issues surrounding Title IX and due process, the importance of evidence-based prevention programming, challenges faced by vulnerable student groups, and training needs for faculty and staff. Effective approaches require collaborative policymaking, addressing campus culture and climate, and engaging students in solutions.
This document outlines a student-led panel discussion on campus sexual assault, Title IX, and related legislation and policies. The panel will address new legislation that incorporates survivor and student input to better protect students, provide training and support, and increase transparency and coordination with law enforcement. It will discuss the City University of New York's adoption of a stronger sexual misconduct policy in compliance with Title IX, including an affirmative consent standard. The document also provides context on statistics of reported campus sexual offenses and the need for policies that empathize with and support survivors, rather than blame them. Recent federal and state legislative developments aimed at increasing accountability and transparency at colleges are also summarized.
This document summarizes a summit held to discuss challenges and promising practices for complying with Title IX and Clery Act requirements regarding sexual violence on college campuses. The summit included case studies from the University of Connecticut and Amherst College, which had been found non-compliant by the Department of Education. Issues identified included reporting, investigating, training, victim services, and timely warnings. Promising practices discussed included coordinated response teams, trauma-informed interviewing, confidential advising, and prevention education. Further discussion is needed to develop comprehensive solutions, and a follow-up summit will focus on identifying additional promising practices.
1) The document outlines a policy from Houston Community College prohibiting discrimination, harassment, and retaliation based on sex or gender.
2) It defines key terms such as sex discrimination and sexual harassment and provides examples of prohibited conduct.
3) The policy establishes procedures for reporting incidents of prohibited conduct and describes the investigation process.
Title IX, Meet Clery, Clery Meet Title IX: Implementing the VAWA AmendmentsMargolis Healy
This presentation from the 24th Annual Legal Issues in Higher Education Conference from October 2014 provides information on Title IX fundamentals, summary of institutional obligations, Clery Act VAWA Amendments, the connections between Title IX and VAWA, new policy requirements, challenges, rule making and next steps.
The document discusses the evolution of Title IX in American higher education from its origins in the Civil Rights Act of 1964 and the Higher Education Act of 1965 to modern implementations and interpretations. It established protections against sex-based discrimination in educational programs that receive federal funding. Over time, the scope of Title IX expanded through court cases and guidance documents. It now addresses issues like sexual harassment, assault, and equal treatment and opportunities across university programs and services. Continuing discussion focuses on ensuring Title IX supports gender equity while recognizing complex issues around sex, gender, and institutional policies.
This presentation is part of the National Center for Campus Public Safety’s (NCCPS) free webinar series, Campus Public Safety Online. In this webinar, Jeffrey J. Nolan, J.D., a faculty member for the NCCPS Trauma-Informed Sexual Assault Investigation and Adjudication Institute and attorney with Dinse Knapp McAndrew, discusses why campuses should conduct trauma-informed sexual assault investigations and adjudications. While a trauma-informed approach naturally promotes access for complainants by encouraging their participation, it also promotes accuracy by enabling investigators and decision-makers to ask appropriate questions and better understand evidence that may be affected by trauma. A more accurate understanding of evidence, such as interviews, in turn promotes fairness to all parties. Promising practices strongly suggest that a trauma-informed approach benefits complainants, respondents, and institutions of higher education.
This document discusses amnesty clauses, which grant immunity from punishment for minor conduct violations like underage drinking to encourage reporting of sexual assault. It finds that less than 20% of campus policies have amnesty clauses. The Campus Accountability and Safety Act proposes requiring amnesty for students who report assaults in good faith. Multiple reports show amnesty can increase reporting. It recommends institutions explicitly include broad amnesty policies in sexual misconduct policies and publicize them to help address campus sexual violence.
Comprehensive safety planning meeting of the minds april 3, 2014Margolis Healy
Steven J. Healy and Dr. Gene Deisinger advocate for a holistic approach to campus safety and security planning that involves 1) eliminating separate committees and teams in favor of a comprehensive multidisciplinary group, 2) conducting a hazard and vulnerability analysis to identify risks, 3) leveraging technology, 4) enhancing prevention through Title IX, Clery Act compliance and threat assessment, and 5) designating a chief safety officer. They discuss various risks facing colleges, integrating emergency management, and the importance of policies and training regarding sexual assault, behavioral threats, and regulatory mandates.
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Title IX prohibits sex discrimination in educational programs and activities that receive federal funding. It requires colleges to address sexual harassment and assault complaints promptly and prevent recurrence. The Title IX coordinator oversees compliance and helps victims access support and remedies. Reporting sex discrimination to the coordinator allows the college to address issues and protect the community from harm. Confidential resources are also available to discuss options without triggering an investigation.
Title IX Training at SUNY Oswego (2013 Edition)sunyoswegoshare
The document provides information about Title IX and how to report sex discrimination at colleges. It explains that Title IX prohibits sex-based discrimination in education programs that receive federal funding. It defines sexual harassment and violence and notes that all forms of sex discrimination should be reported to the Title IX Coordinator. The Title IX Coordinator is specially trained to help victims navigate the complaint process and seek remedies in a fair and organized manner.
This document outlines the Occidental College Sexual Misconduct Policy, which prohibits sexual harassment, violence, stalking and intimate partner violence. It provides definitions for prohibited conduct and consent. The policy applies to all community members and covers conduct that occurs on or off campus. It establishes resources and reporting options for victims, as well as procedures for investigating and resolving complaints against students, staff or faculty. The college is committed to preventing discrimination, providing support for victims, and addressing safety concerns through this comprehensive policy.
Title IX prohibits sex discrimination in schools and requires them to address sexual harassment against students. Sexual harassment includes unwelcome sexual advances, requests for favors, and other verbal or physical conduct of a sexual nature that denies or limits a student's ability to participate in or benefit from a school program. Schools must consider factors like the nature of the conduct and context to determine if it constitutes sexual harassment. Sexual harassment of a student by a teacher violates Title IX, and schools are obligated to take immediate action in such cases while respecting employees' due process rights and confidentiality standards for complainants.
Dr. William Allan Kritsonis, Public School Law, School Law, School Legal Issues, Educational Laws & Policies
Professorial Roles
Dr. Kritsonis has served in professorial roles at Central Washington University, Washington; Salisbury State University, Maryland; Northwestern State University, Louisiana; McNeese State University, Louisiana; and Louisiana State University, Baton Rouge in the Department of Administrative and Foundational Services.
In 2006, Dr. Kritsonis published two articles in the Two-Volume Set of the Encyclopedia of Educational Leadership and Administration published by SAGE Publications, Thousand Oaks, California. He is a National Reviewer for the Journal of Research on Leadership, University Council for Educational Administration (UCEA).
In 2007, Dr. Kritsonis was invited to write a history and philosophy of education for the ABC-CLIO Encyclopedia of World History.
Currently, Dr. Kritsonis is Professor of Educational Leadership at Prairie View A&M University – Member of the Texas A&M University System. He teaches in the PhD Program in Educational Leadership. Dr. Kritsonis taught the Inaugural class session in the doctoral program at the start of the fall 2004 academic year. In October 2006, Dr. Kritsonis chaired the first doctoral student to earn a PhD in Educational Leadership at Prairie View A&M University. He has chaired over 18 doctoral dissertations. He lives in Houston, Texas.
Title IX prohibits sex discrimination in schools and requires them to address sexual harassment against students. Sexual harassment includes unwelcome sexual advances, requests for favors, and other verbal or physical conduct of a sexual nature that denies or limits a student's ability to participate in or benefit from a school program. Schools must consider factors like the nature of the conduct and context to determine if it constitutes sexual harassment. Sexual harassment of a student by a teacher violates Title IX, and schools are obligated to take immediate action in such cases while respecting employees' due process rights and confidentiality standards for complainants.
Professor William Allan Kritsonis, PhD - Distinguished Alumnus, Central Washington University, College of Education and Professional Studies, Ellensburg, Washington.Dr. Kritsonis has traveled and lectured extensively throughout the United States and world-wide. Some international travels include Australia, New Zealand, Tasmania, Turkey, Italy, Greece, Monte Carlo, England, Holland, Denmark, Sweden, Finland, Russia, Estonia, Poland, Germany, Mexico, the Caribbean Islands, Mexico, Switzerland, Grand Cayman, Haiti, St. Maarten, St. John, St. Thomas, St. Croix, St. Lucia, Puerto Rico, Nassau, Freeport, Jamaica, Barbados, Martinique, Canada, Curacao, Costa Rico, Aruba, Venezuela, Panama, Bora Bora, Tahiti, Latvia, Spain, Honduras, and many more. He has been invited to lecture and serve as a guest professor at many universities across the nation and abroad.
Sexual harassment by school employees - Lecture Notes William Allan Kritsoni...William Kritsonis
This document discusses sexual harassment of students by school employees and a school's responsibilities under Title IX. It defines sexual harassment and notes that it can deny students equal access to education. Schools must address unwelcome conduct of a sexual nature, consider whether it limits students' ability to participate, and take immediate action in harassment cases. The guidance examines assessing harassment, evidence, employee violations of Title IX, grievance procedures, and protecting due process rights while preventing sexual misconduct.
Dr. William Allan Kritsonis, Public School Law, School Law, School Legal Issues, Educational Laws & Policies
Professorial Roles
Dr. Kritsonis has served in professorial roles at Central Washington University, Washington; Salisbury State University, Maryland; Northwestern State University, Louisiana; McNeese State University, Louisiana; and Louisiana State University, Baton Rouge in the Department of Administrative and Foundational Services.
In 2006, Dr. Kritsonis published two articles in the Two-Volume Set of the Encyclopedia of Educational Leadership and Administration published by SAGE Publications, Thousand Oaks, California. He is a National Reviewer for the Journal of Research on Leadership, University Council for Educational Administration (UCEA).
In 2007, Dr. Kritsonis was invited to write a history and philosophy of education for the ABC-CLIO Encyclopedia of World History.
Currently, Dr. Kritsonis is Professor of Educational Leadership at Prairie View A&M University – Member of the Texas A&M University System. He teaches in the PhD Program in Educational Leadership. Dr. Kritsonis taught the Inaugural class session in the doctoral program at the start of the fall 2004 academic year. In October 2006, Dr. Kritsonis chaired the first doctoral student to earn a PhD in Educational Leadership at Prairie View A&M University. He has chaired over 18 doctoral dissertations. He lives in Houston, Texas.
Title IX prohibits sexual harassment of students in schools. Sexual harassment includes unwelcome sexual advances, requests for favors, and other verbal or physical harassment of a sexual nature that denies or limits a student's ability to participate in or benefit from a school program. Schools are responsible for addressing two types of sexual harassment - quid pro quo harassment, where a student faces retaliation for refusing sexual advances, and creating a hostile environment through severe or pervasive conduct of a sexual nature. When investigating complaints of sexual harassment, schools must consider factors such as the nature of the conduct, context, and credibility of students involved to determine if Title IX was violated.
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This document summarizes information presented at a conference on the Campus Sexual Violence Elimination Act. It defines key terms like sexual assault, dating violence, and stalking. It discusses the prevalence and consequences of campus sexual violence and risk factors. It outlines recent federal policy requirements for colleges, including the White House Task Force report that provides guidance on complying with Title IX, the Clery Act, and the Campus SaVE Act regarding campus sexual assault. The document stresses the importance of regularly assessing sexual misconduct policies for legal and survivor needs compliance.
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The document discusses strategies for preventing sexual violence on college campuses. It addresses legal and policy issues surrounding Title IX and due process, the importance of evidence-based prevention programming, challenges faced by vulnerable student groups, and training needs for faculty and staff. Effective approaches require collaborative policymaking, addressing campus culture and climate, and engaging students in solutions.
This document outlines a student-led panel discussion on campus sexual assault, Title IX, and related legislation and policies. The panel will address new legislation that incorporates survivor and student input to better protect students, provide training and support, and increase transparency and coordination with law enforcement. It will discuss the City University of New York's adoption of a stronger sexual misconduct policy in compliance with Title IX, including an affirmative consent standard. The document also provides context on statistics of reported campus sexual offenses and the need for policies that empathize with and support survivors, rather than blame them. Recent federal and state legislative developments aimed at increasing accountability and transparency at colleges are also summarized.
This document summarizes a summit held to discuss challenges and promising practices for complying with Title IX and Clery Act requirements regarding sexual violence on college campuses. The summit included case studies from the University of Connecticut and Amherst College, which had been found non-compliant by the Department of Education. Issues identified included reporting, investigating, training, victim services, and timely warnings. Promising practices discussed included coordinated response teams, trauma-informed interviewing, confidential advising, and prevention education. Further discussion is needed to develop comprehensive solutions, and a follow-up summit will focus on identifying additional promising practices.
1) The document outlines a policy from Houston Community College prohibiting discrimination, harassment, and retaliation based on sex or gender.
2) It defines key terms such as sex discrimination and sexual harassment and provides examples of prohibited conduct.
3) The policy establishes procedures for reporting incidents of prohibited conduct and describes the investigation process.
Title IX, Meet Clery, Clery Meet Title IX: Implementing the VAWA AmendmentsMargolis Healy
This presentation from the 24th Annual Legal Issues in Higher Education Conference from October 2014 provides information on Title IX fundamentals, summary of institutional obligations, Clery Act VAWA Amendments, the connections between Title IX and VAWA, new policy requirements, challenges, rule making and next steps.
The document discusses the evolution of Title IX in American higher education from its origins in the Civil Rights Act of 1964 and the Higher Education Act of 1965 to modern implementations and interpretations. It established protections against sex-based discrimination in educational programs that receive federal funding. Over time, the scope of Title IX expanded through court cases and guidance documents. It now addresses issues like sexual harassment, assault, and equal treatment and opportunities across university programs and services. Continuing discussion focuses on ensuring Title IX supports gender equity while recognizing complex issues around sex, gender, and institutional policies.
This presentation is part of the National Center for Campus Public Safety’s (NCCPS) free webinar series, Campus Public Safety Online. In this webinar, Jeffrey J. Nolan, J.D., a faculty member for the NCCPS Trauma-Informed Sexual Assault Investigation and Adjudication Institute and attorney with Dinse Knapp McAndrew, discusses why campuses should conduct trauma-informed sexual assault investigations and adjudications. While a trauma-informed approach naturally promotes access for complainants by encouraging their participation, it also promotes accuracy by enabling investigators and decision-makers to ask appropriate questions and better understand evidence that may be affected by trauma. A more accurate understanding of evidence, such as interviews, in turn promotes fairness to all parties. Promising practices strongly suggest that a trauma-informed approach benefits complainants, respondents, and institutions of higher education.
This document discusses amnesty clauses, which grant immunity from punishment for minor conduct violations like underage drinking to encourage reporting of sexual assault. It finds that less than 20% of campus policies have amnesty clauses. The Campus Accountability and Safety Act proposes requiring amnesty for students who report assaults in good faith. Multiple reports show amnesty can increase reporting. It recommends institutions explicitly include broad amnesty policies in sexual misconduct policies and publicize them to help address campus sexual violence.
Comprehensive safety planning meeting of the minds april 3, 2014Margolis Healy
Steven J. Healy and Dr. Gene Deisinger advocate for a holistic approach to campus safety and security planning that involves 1) eliminating separate committees and teams in favor of a comprehensive multidisciplinary group, 2) conducting a hazard and vulnerability analysis to identify risks, 3) leveraging technology, 4) enhancing prevention through Title IX, Clery Act compliance and threat assessment, and 5) designating a chief safety officer. They discuss various risks facing colleges, integrating emergency management, and the importance of policies and training regarding sexual assault, behavioral threats, and regulatory mandates.
Similar to Title IX Sexual Misconduct And Bullying (20)
Comprehensive safety planning meeting of the minds april 3, 2014
Title IX Sexual Misconduct And Bullying
1. Title IX, Sexual Misconduct and
Bullying: New Concerns for
College Student Affairs Leaders
SEPTEMBER 23, 2011
PENNSYLVANIA COMMUNITY COLLEGES
HARRISBURG, PA
2. Objectives
Basic understanding of Title IX and its
application to student on student sexual
misconduct and bullying.
Awareness of contents and implications of Dear
Colleague letters issued by ED OCR re: bullying
and sexual misconduct.
Awareness of key issues to be addressed by
colleges seeking to comply with Title IX with
respect to policies and procedures applicable
to bullying and sexual misconduct on college
campuses.
3. Plain Language Disclaimers
This is not legal advice.
You and your college have a lawyer; I’m not
your lawyer.
This issue is very complicated.
Criminal, civil
On campus/off campus
Title IX, student conduct codes, criminal law, tort claims
Victim-centered vs. equitable vs. rights of the accused
Multi-jurisdiction
Multiple responses
4. Title IX Substantive Standards
Title IX of the Education Amendment of 1972, 20
U.S.C. §§ 1681*, et seq and implementing regs,
34 C.F.R. Part 106* prohibit discrimination on the
basis of sex in federally financed education
programs.
Sexual harassment, which includes sexual
misconduct and bullying, can be sex
discrimination prohibited by Title IX.
Harassment of LGBT students may constitute
gender-based harassment that would violate
Title IX. See Dear Colleague, October 2010*
5. Hostile Environment
“When a student sexually harasses another
student, the harassing conduct creates a hostile
environment if the conduct is sufficiently serious
that it interferes with or limits a student’s ability
to participate in or benefit from the program.”
2001 Guidance *, Dear Colleague Letter April
2011*
6. Scope of Coverage
Every aspect of a college’s education program
and activities.
Academic
Extracurricular
Athletic
Other programs of the college/on or off campus.
Third parties also protected.
“Consider effects of the off-campus conduct
when evaluating whether there is a hostile
environment on campus.” Dear Colleague April
2011*
7. Duty
“If a school knows or reasonably should know
about student-on-student harassment that
creates a hostile environment, Title IX requires
the school to take immediate action to
eliminate the harassment, prevent its recurrence
and address its effects.”
Dear Colleague April 2011*
8. Substantive Standards: Sexual Misconduct
Sexual misconduct or sexual violence is a form
of sexual harassment.
Sexual violence refers to “physical acts perpetrated
against a person’s will or where the person is incapable
of giving consent due to the victim’s use of drugs or
alcohol … or due to an intellectual or other disability.”
“A number of different acts fall into the category of
sexual violence, including rape, sexual assault, sexual
battery and forms of sexual coercion. All such acts of
sexual violence are forms of sexual harassment covered
by Title IX.”
Dear Colleague April 2011*
9. Substantive Standards: Bullying
Bullying is a form of harassment.
Harassing conduct may take many forms, including
verbal acts and name‐calling; graphic and written
statements, which may include use of cell phones or the
Internet; or other conduct that may be physically
threatening, harmful, or humiliating. Harassment does not
have to include intent to harm, be directed at a specific
target, or involve repeated incidents.
“If abusive behavior is on the basis of race, color,
national origin, sex or disability and creates a hostile
environment, the school is obligated to respond.”
Dear Colleague October 2010*
10. Title IX Procedural Requirements
Adopt and publish nondiscrimination policy.
Adopt and publish grievance procedures.
Provide for prompt and equitable resolution of
complaints.
Designate person(s) to coordinate compliance
with Title IX including investigations and
adjudication.
Notify all parties of nondiscrimination policy,
provide name and contact info for Title IX
coordinator(s) and describe available
procedures to resolve complaints.
11. Title IX Procedural Requirements
Title IX grievance process has different
objectives from university disciplinary processes.
Grievance process is focused on addressing
and remedying the complaints of the alleged
victim of discrimination.
Disciplinary process is focused on determining
guilt or innocence of person accused of
misconduct and implementing appropriate
sanction.
Both are different from criminal process.
12. Key Elements of Sexual Misconduct Policy
Defines sexual misconduct.
Not tied to criminal law definition.
Includes all non-consensual acts.
Includes sex-based cyber-harassment.
Defines consent.
No inference from silence or from current or past
relationship.
Intoxication is not an excuse for failure to get consent;
intoxication can render someone incapable of giving
consent.
13. Key Elements of Sexual Misconduct Policy
Explains difference between privacy and
confidentiality.
Protects privacy of all parties to the extent possible.
Confidentiality cannot be guaranteed.
Campus officials (except defined confidential resources)
who receive reports of sexual misconduct must share
with university or college official for
investigation/adjudication.
Makes clear that a request for anonymity or inaction can
hinder the institution’s ability to respond.
14. Key Elements of Sexual Misconduct Policy
Names person(s) to whom report of sexual
misconduct or assault is to be made.
Consider limiting number of individuals to whom official
reports can be made.
Prohibits retaliation or intimidation.
Encourages reporting.
Makes clear that retaliation or intimidation can lead to
additional sanctions.
Address “amnesty” for victims/witnesses.
Describes reporting options available to
students.
Criminal complaint, disciplinary action or both.
15. Key Elements of Sexual Misconduct Policy
Clarifies responsibilities of University Under Title IX
States that university will initiate administrative
investigation under Title IX regardless of option the
student chooses.
Indicates that administrative action may be deferred at
request of complainant choosing to file criminal
complaint if the accused does not present an imminent
threat.
Administrative investigations must result in written
investigative reports that meet certain standards. Notre
Dame Resolution Agreement*
Investigations must be complete in 60 days, except in
extraordinary circumstances.
16. Key Elements of Sexual Misconduct Policy
Describes disciplinary process.
Can be formal/informal but mediation is not acceptable for
sexual assault cases.
Equal notice.
Same opportunities to have others present and to present
witnesses and information.
Alternative arrangements if complainant doesn’t want to be in
hearing room with accused.
Past conduct of complainant not at issue except relevant to
consent where parties had a prior sexual relationship.
Both parties informed of outcome.
Both parties have opportunity for review of decision on same
terms (e.g., procedural flaw).
17. Key Elements of Sexual Misconduct Policy
Describes other available resources.
Equally available to victim and accused.
Medical, counseling, pastoral care (confidential).
Sexual violence program advocate or designated on
campus coordinators (confidential?)
Sexual assault response team (SART), on-campus or off
campus
18. Key Elements of Sexual Misconduct Policy
Describes temporary, intermediate and
permanent relief available to victim.
No contact orders.
Academic adjustments.
Change in housing/dining arrangements.
Extracurricular activities.
Institution has responsibility to bring
discrimination to an end; take steps reasonably
calculated to prevent future occurrence;
restore victim to pre-deprivation status
19. Communication/Education/Awareness Issues
Education about sexual violence (common myths,
common circumstances)
Prevention programs, e.g., Red Flag Campaign on Dating
Violence*
Effective dissemination of policy and procedures.
Efficient resource (i.e., information gathered in one
document/one place)
Multi-format (on-line, student handbook, student newspaper,
in-person programming, new student orientation)
Targeted (specific programs for specific populations, e.g.,
athletes.
Provide written materials to complainant within 24 hours.
21. Training Requirements
Training for all involved in investigation and
adjudication of Title IX sexual misconduct
complaints including investigators, fact-finders,
decision-makers.
Training for any employees likely to witness or
receive reports of sexual harassment or sexual
violence re: policy and procedures, reporting
options.
22. “Legal” Issues
Jurisdiction
On-campus/off-campus conduct by students, especially
against other students.
Statute of Limitations
Time allowed to file complaint.
Specific number of days or duration of student status?
Standard of Evidence
Preponderance of the evidence vs. clear and
convincing vs. beyond a reasonable doubt
Preponderance must be used in Title IX procedures.
23. “Legal” Issues
Judicial standard for monetary liability
Recipient had “actual knowledge” of
discrimination/harassment;
Recipient was “deliberately indifferent” to known acts of
harassment;
Harassment was so “severe,” “pervasive” and
“objectively offensive” that it “can be said to deprive the
victims of access to the educational opportunities or
benefits provided by the school.” Davis case*
Context matters… subject to the recipient’s “control”
over the victim, the accused and the circumstances.
24. “Legal” Issues
OCR standard of liability is less stringent.
“Sufficiently severe, pervasive or persistent to interfere
with or limit a student’s ability to participate or benefit.”
A single act of rape can establish the existence of a
hostile environment.
College is “responsible for addressing harassment
incidents about which it knows or should have known.”
25. Notice To Students
Clear policies.
Who is protected?
What conduct is prohibited?
Accessible procedures.
What is the role of the Title IX coordinator?
Where does a student file a complaint?
Effective communication.
Do students know their rights?
How do you know?
26. Obligation to Respond
Absence of a formal complaint.
Requests for confidentiality.
Off campus conduct.
Not just a criminal case.
27. Prompt and Effective Response
What is needed to protect community and end
discrimination?
What is prompt?
Formal/informal procedures.
Effect of police/criminal investigations.
Standard of proof.
Equal opportunity to present relevant evidence
and witnesses.
Required training of investigators and judicial
officers.
28. Resources
Title IX Bookmarks: Law, Regulation, Cases, Model
and Campus Policies, Research Reports
www.delicious.com/CG2LegalStrategies