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Sexual Assault on Campus: Keeping Your College Safe and in Compliance with Federal Rules

Melinda Grier, Director of Legal Resources, National Association of College and University Attorneys

Bill Mullowney, Vice President for Policy and General Counsel, Valencia College

Renee Richard, Vice President and General Counsel, Cuyahoga Community College

David Baime, Sr. Vice President of Government Relations and Policy Analysis, AACC (Moderator)

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Policy Landscape

Title IX — 1972

• Dear Colleague Letters⁻ 2001 Revised Sexual Harassment

Guidance ⁻ 2010 Harassment and Bullying⁻ 2011 Sexual Violence

• Questions and Answers – April 2014

Campus SaVE

• Reauthorization of the Violence Against Women Act, amending the Clery Act – March 2013

• Domestic Violence, Dating Violence, Stalking• Final Regulations – November 2014

White House Task Force to Protect Students from Sexual Assault

• Presidential Memorandum – January 2014• Not Alone – The First Report April 2014• Sample Documents - Ongoing

Campus Accountability

and Safety Act (S. 590)

• Adds Title IX and Clery Act reporting requirements

• Introduced by Sen. Claire McCaskill (D-MO)• 15 original, bipartisan cosponsors (25 total)

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What community college characteristics are most relevant when determining policy in this area? How should they affect policy outcomes?

What has experience with laws and policies already on the books taught us as additional legislation is considered (CASA)?

General Questions/Issues

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Five Principal Issue Areas:◦ Additional Clery Act Requirements◦ MOUs With Local Law Enforcement Agencies◦ Confidential Advisors◦ Campus Surveys◦ Large Fines

What are the concerns in each of these areas?

What parts of CASA appear helpful?

CASA Legislation

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Briefing the BoardReview of Staffing, Policies and Procedures

Review of Services and ProgramsTrainingOutside Constituents

The President’s Checklist

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A Board is to “remain informed about institutional issues and the challenges confronting higher education.”

AGB Statement on Board Accountability (January 17, 2007)

Briefing the Board Background information

on institutional prevention and response programming

Briefing on context Confidentiality and

sharing of information Protocols when

something happens

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Questions to Help the Board Understand its Role Has the institution devoted appropriate resources

to the Title IX Coordinator function? Is the institution properly training its various

constituencies? Has the institution implemented policies that

protect both students? Does the institution’s process ensure that all parties receive fair treatment and adequate support?

How often is the institution reviewing its policy and who is responsible for doing so?

Have the institution’s efforts been effective?

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Title IX coordinator(s) identified and publicized with adequate resources

Policies – Title IX and Clery Response to reports of sexual misconduct,

dating violence, domestic violence, stalking that consider all those involved

Grievance, conduct and disciplinary procedures are fair, prompt and equitable

Confidentiality and access to information Monitoring results and procedures

Review of Staffing,Policies and Procedures

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Student services Residence life Law enforcement Support services & interim measures Faculty and staff Health, counseling and pastoral

services Coordination and roles

Review of Services and Programs

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Employees⁻ “Responsible Employees”⁻ “Campus Security Authorities”⁻ “Investigators”/“Officials conducting discipline”⁻ Employees likely to hear of or receive complaints⁻ Training for all other employees

Students⁻ Freshmen & new students⁻ Returning students⁻ Social groups, teams, student organization⁻ Culturally relevant and responsive to campus culture

Training

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ParentsMediaAlumniCommunityPublic OfficialsAdvocacy Groups

Outside Constituents

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