ARKANSAS DEPARTMENT OF HIGHER EDUCATION

2014 ANNUAL TRUSTEESCONFERENCE

Title IX

Title IX of the Education Amendments of 1972

prohibits sex discrimination in educational programs

and activities.

Clery Act

Crime reporting as well as:

Timely warnings Emergency

notifications Missing person policies,

etc.

Guidance(s)Dear Colleague Letters

Montana Resolution Agreement

Merging Title IX into Clery

Violence Against Women Act

(VAWA)

Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) was amended by the Violence Against Women Reauthorization Act of 2013 (VAWA)¹ which has the effect of implementing many of Title IX protections previously set out by the U.S. Department of Education’s Office of Civil Rights (OCR) through multiple “Guidance” documents, “Resolution Agreements”, and “Dear Colleague Letters”.¹The Violence Against Women Reauthorization Act (“VAWA”), which President Obama signed into law on March 7, 2013, imposes new obligations on colleges and universities under its Campus Sexual Violence Act (SaVE Act”) provision, Section 304.

Changes to the Clery Annual

Security Report

National Origin

Gender identity

1. New Reporting Categories for hate

crimes.

Old ones were: Race

Gender Religion

Sexual Orientation Ethnicity Disability

National Origin Gender identity

Domestic violence

Dating violence

Stalking

2. New Reportable Incidents

A. Providing written notice Institutions must give new written information to

all students and employees. Certain information must be provided in writing

to victims. Certain information must be provided in writing

to both the accused and the victim simultaneously.

3. New Requirements for the Clery Act Annual Security Report Itself

B. New statements of policy in the Annual Security Report.

1. Policy statement on reporting requirements.

2. Policies encouraging accurate and prompt reporting of all crimes to campus police and appropriate law enforcement when the victim of such crimes wants to or is unable to make such a report.

3. Statement of standard of evidence used in sexual assault, stalking, dating violence and domestic violence conduct proceedings.

B. New statements of policy in the Annual Security Report.

4. ASR must have policy statements on Education Programs.

Required educational programs Education programs shall include “primary

prevention and awareness programs for all incoming students and new employees” which shall include:

Statement prohibiting domestic violence, dating violence, sexual assault and stalking;

Definition of domestic violence, dating violence, sexual assault, and stalking.

Definition of consent, in reference to sexual activity. Safe and positive options for bystander intervention. Information on risk reduction. Ongoing prevention and awareness campaigns for

students and faculty on all of the above.

B. New statements of policy in the Annual Security Report.

5. Policy for on-going prevention and awareness campaigns.6. Policy for procedures victims should

follow.7. Policy for procedures for institutional disciplinary actions, including

requirement of annual training by “officials” conducting investigations and hearings.

8. Equal opportunity regarding choice of advisors.

B. New statements of policy in the Annual Security Report.

9. Record incidents of stalking based on location.10. Describe each type of disciplinary proceeding used by the institution in

cases of alleged dating violence, domestic violence, sexual assault, or stalking.

Should haves –

1. Climate Survey2. Victim

Advocates

Summary

1. New reporting categories. 2. New reportable incidents. 3. Annual Security Report

A. New items which must be in writing. B. New policy statements.

ARKANSAS DEPARTMENT OF HIGHER EDUCATION

2014 ANNUAL TRUSTEESCONFERENCE