Grants to Reduce Violent Crimes Against Women on CampusU.S. Dept. of Justice

Model Policies:

Background and Overview Other Universities’ Efforts

Why Campus Policy?

With faculty numbering more than 900,000 and enrollments of more than 15 million students (including more than 2 million in graduate and professional schools), these institutions are at the center of our social system.

-(Ausubel J., 1998)

Why Campus Policy?

Unique Challenges:

A victim of intimate partner violence or sexual assault may continue to live in danger if the perpetrator resides in the same dormitory or attends the same classes.

Why Campus Policy?

Unique Challenges:

A victim may wish to remain anonymous but may find this to be virtually impossible in such an insular environment.

Why Campus Policy?

Unique Challenges:

A victim may be harassed by classmates, or by an assailant’s friends who claim that the victim “asked for it” or “provoked” the crime.

Why Campus Policy?

Unique Challenges:

Stalking victims may find it difficult to escape their tormentors because the stalker may have a seemingly “legitimate” reason for remaining in contact with or in proximity to the victim. (e.g., attending class or studying in the library).

Why Campus Policy?

Unique Opportunities:

Special environment in which young people can explore ideas and learn about the world.

Campuses can provide a venue to raise awareness and communicate that violence against women is criminal and will not be tolerated.

What Guides Campus Policy?

A brief overview of the Clery Act:

The “Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act” codified at 20 USC 1092 (f) as part of Higher Education Act of 1965, is a federal law that requires colleges and universities to disclose an annual report about campus crime and security policies.

What Guides Campus Policy?

“Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act”

The Clery Act has several components, three of which have particular importance to our task at hand: Annual Report Statement of Policy Sexual Assault Victim's Bill of Rights

What Guides Campus Policy?

A brief overview of the Clery Act continued…

In order to make more information available about criminal activity on college campuses in the United States, President George Bush signed he CSA into federal law in 1990. The Campus Security Act was the first inclusive attempt by Congress to regulate campus safety and it remains the foundation of campus security policy mandates today.

What Guides Campus Policy?

What you should know about the Clery Act: Secondary institutions receiving federal

assistance must report Sexual assault is among the offenses that

must be reported Statistics Who must report Security crime log

What Guides Campus Policy?

Clery Act Wrap Up: True or False? There is a penalty for non-compliance with the

Clery Act. There is no relationship between the Family

Education Rights and Privacy Act of 1974 and the Clery Act.

Faculty members are required to report campus crime statistics.

A crime must be investigated in order to be included in the statistics.

Only crimes against students must be reported.

What Guides Campus Policy?

U.S. Department of Justice

Office of Justice Programs

Violence Against Women Grants Office

What Guides Campus Policy?

The Grants to Reduce Violent Crimes Against Women on Campus Program (Campus Program) is designed to encourage institutions of higher education to adopt comprehensive, coordinated responses to violent crimes against women on campuses, including sexual assault, stalking, domestic violence, and dating violence.

What Guides Campus Policy?

What have we agreed to in our “SpecialConditions”?

The grantee agrees to establish and maintain a coordinated community response to violence against women on campus. This multidisciplinary response should involve the entire campus and the larger community in which the campus is located, including local nonprofit, victim advocacy organizations, criminal justice partners, and civil legal agencies.

What Guides Campus Policy?

What have we agreed to in our “Special Conditions”?

The grantee agrees not to offer perpetrators the option of entering diversion programs in lieu of campus disciplinary or criminal justice proceedings

The grantee agrees not to utilize mediation or counseling for couples as a response to violence against women crimes on campus.

What Guides Campus Policy?

What have we agreed to in our “Special Conditions”? If graduated sanctions include offender intervention

programs, the grantee agrees to utilize programs that use the coercive power of the criminal justice system or campus proceedings to hold perpetrators of violence against women accountable for their behavior. Programs that focus only on controlling anger and impulses, addressing alcohol and drug abuse, managing emotions, developing communication skills, or dealing with stress are not designed to hold perpetrators accountable for using violence against their intimate partners.

What Guides Campus Policy?

What have we agreed to in our “Special Conditions”?

The grantee agrees not to impose sanctions against victims of domestic violence, dating violence, sexual assault, or stalking. Victims should not be ordered to attend therapy or penalized for choosing to testify in criminal cases.

What Guides Campus Policy?

U.S. Department of Justice

Office of Justice Programs

Violence Against Women Grants Office

What is Coordination?

Involves determining all the places in the university community that have contact with survivors and students at risk.

Each identified department develops protocols that delineate the steps required for appropriately responding.

-- Organizing College Campuses Against Dating Abuse

-- www.VAWnet.org

-- Penn. Coalition Against Domestic Violence

-- Natl. Resource Center on Domestic Violence

Why Coordination?

Effective policy implementation requires a process for ensuring information flow and the use of agreed upon guidelines.

- Penn. Coalition Against Domestic Violence - Natl. Resource Center on Domestic Violence Organizing College Campuses Against Dating Abuse www.VAWnet.org

-

How is Coordination Accomplished?

Coordination requires designation of an agreed upon entity so that the network of communication is reinforced and a forum exists to respond to issues that arise.

Organizing College Campuses Against Dating Abuse

www.VAWnet.org

Penn. Coalition Against Domestic Violence

Natl. Resource Center on Domestic Violence

What have other universities done?

1996 Survey conducted by

University of Illinois Urbana-Champaign of members of Assn. of Colleges and University Housing Offices Internat’l:

Revealed that very few campus programs reported broad based coordination efforts.

What have universities done?

Some universities established committees:

University of Illinois, Urbana-Champaign

George Mason University, Virginia

Temple University (Presidential Oversight Committee)

What have other universities done?

Some universities delegated the coordination effort to law enforcement:

University of California at Berkeley

Stanford University

University of Florida

Who has worked together at other universities?

University South Carolina:

Student Health Services Dept. of Student Development University Housing Div. Of Student & Alumni Services

Who has worked together at other universities?

Berkeley• Medical and Counseling Service• Campus Police Dept.• Women’s Resource Center• Student Activities and Services • Housing Office• Ombudsperson for Students

Who has worked together at other universities?

Stanford University

• Vice Provost for Student Affairs

• Director of Human Resources

• Provost

Who has worked together at other universities?

Southern Methodist University:

Educational programs on interpersonal violence for students will be conducted by the:

Victim Services Program via

Wellness Program Orientation Week Program Programs in Residence Halls and seminars for specific groups as requested.

What was the first step in formulating policy?

Statements of Purpose:

What they hoped to accomplish by the content of the policy

Statements of Purpose

To create a caring and effective university-wide response to students involved in an incident of interpersonal violence.

-South Carolina University

Statements of Purpose

Thoughtful persons recognize the critical

need for educational institutions to develop a comprehensive policy that addresses the serious national problem of campus interpersonal violence.

-Temple University

Statements of Purpose

A safe campus environment is one in which students, faculty and staff are free to conduct their daily affairs both inside and outside the classroom without fear of physical, emotional, or psychological harm. Personal safety is a basic human need that must be preserved if the mission of the university is to be pursued.

-National Student Personnel Administration

-Task Group on Safety and Security, 1980

Statements of Purpose

A college is like any other organization that you freely join. By joining, you agree to abide by its rules. Just as the college has rules prohibiting arson, assault and drug sales on campus, and has disciplinary responses for such infractions, it has a responsibility to prohibit sexual assault between students. Without policies in place to deal with sexual assault, cases brought to the school’s attention can be badly botched, harming all parties involved.

- Students Active for Ending Rape (SAFER)

Model Policies

The University of South Carolina

created a Policy Statement asserting: that violence will not be tolerated, that students are encouraged to use

services of the Ofc. for Sexual Health and Violence Prevention (OSHVP) and

that OSHVP manages the policy.

Model Policies

The University of South Carolina cont’d.

Other components included:

Definitions for Sexual Assault, Relationship Violence & Stalking and separate policies for addressing each.

Model Policies

The University of South Carolina cont’d.

Other components included: University definition for each behavior

addressed and The criminal definition, including state

code citations.

Model Policies

The University of South Carolina cont’d.

Other components included: Victim’s Bill of Rights Discipline Policies and Procedures for

Victims/Witnesses and for Accused Resources

Model Policies

The University of South Carolina cont’d.

Other components included:

Value statements regarding reporting sexual assault (encouraged to report to police, strongly urged to have rape medical exam…)

Model Policies

The University of South Carolina cont’d.

Other components included: Immediate Care and Tx Procedures for

Victims Follow-up and Recovery Services for

Victim Follow-up Services for Acccused

Model Policies

The University of South Carolina cont’d.

Other components included:

“The university may proceed with disciplinary action even when the alleged victim voluntarily chooses not to participate in the process..on the basis of statement of relationship violence from the victim or witness’s statement or complaint.”

Model Policies

The University of South Carolina cont’d.

Other components included:

.Value statements regarding strongly encouraging university community members to report incidents of relationship violence and

Model Policies

The University of South Carolina cont’d.

as rationale for reporting, cited: potential harm to persons violations of community standards the need to monitor the campus climate.

Model Policies

University of Illinois at Urbana-Champaign: Stakeholders formed a Committee, which

sponsored a public awareness campaign and distributed resource materials.

Committee evolved into a Coordinating Committee open to all interested parties.

Committee developed protocols and procedures.

Model Policies

University of Illinois at Urbana-Champaign:

Components include: Family Housing Office maintains an apartment

for use as an emergency shelter - available to students, faculty and staff.

Established Intervention Group for students who abuse

Support groups for women experiencing relationship abuse

Model Policies

University of Illinois at Urbana-Champaign:

Components include: Professional Training Peer Education Public Awareness

Model Policies

Temple University

Comprehensive education programs Procedures sensitive to victims University disciplinary sanctions for assailants Presidential Oversight Committee to review

effectiveness of the University’s policy and relevant programs and procedures.

Model Policies

Temple University contd.Other components:Formal & Informal Complaint Reporting ProceduresInformal Complaints If a person reports to University faculty or staff that

she or he has been assaulted, but chooses not to file a formal complaint at that time, the complaint will be referred immediately to the University’s Victims Services and notified of available services on and off campus and alternative remedies. Informal complaints will be treated confidentially.

Model Policies

George Mason University

Peer Advocates University protocol requiring notification of

Victims Services - even anonymous reports Training to faculty Resource Guide Team Talks

Model Policies

George Mason University contd.

Procedures for handling assaults that represent a potential danger to the campus community for purposes of creating a

“Campus Alert Notification” such as: a pattern of acquaintance sexual assaults; a stranger assault a violent or sadistic assault; or a gang rape

Model Policies

Relevant Components From Other University policies:

Filing formal charges through the student judiciary does not preclude filing criminal and/or civil charges. Students who wish to file criminal and/or civil charges may receive information and assistance from the Office of the Dean of Student Life and the University Dept. of Public Safety.

-Southern Methodist University

Model Policies

Relevant Components from Other Universities’ Policies:

University Police Dept. policy members shall: Honor a victim’s request to speak to an officer

of the same gender. Inform the victim of services available on and

off campus. Ensure that the University victims services

coordinator is notified and is aware of the victim’s location, so that throughout the process, the crime victim advocate can address the victim’s needs and concerns. University of Florida

Model Policies

Relevant Components From Other Universities’ Policies:

The lead investigator of the University police department will complete an in-depth interview with the victim, unless due to injuries or emotional distress, the interview should be delayed.

The crime victim advocate should be present unless there is good and sufficient reason to conduct the interview outside the advocate’s presence with the victim’s consent.

- University of Florida