University of North Texas University of North Texas University of North Texas University of North Texas Dallas

Health Science Center at Fort Worth Dallas College of Law

Sexual Assault and Crime on Campus: Title IX Compliance

March 27, 2012

Karin W. Rilley, Associate General Counsel

Hypothetical

• Title IX of the Education Amendments of 1972

• The Jeanne Clery Disclosure of Campus Security and Campus Crime Statistics Act

• Also remember Texas Family Code 261.101 regarding Obligation to Report Child Abuse and Neglect

The Foundations

Definitions

Defining Sexual Violence and Sex Offenses on Campus

• Title IX defines – “sexual violence”

• Clery Act defines – “sex offenses”

There is little if any substantive difference between the two definitions

The Role of Law Enforcement

• Does the fact that Guinevere has not reported the incident in Philadelphia to law enforcement preclude you from moving forward under Title IX or reporting the act as a reportable crime under the Clery Act?

• What is required in a situation where law enforcement is not involved and the person receiving the report is uncertain about the Complainant’s veracity or motive?

• Can the offense be removed from the crime statistics report if the allegation is determined to be false following an investigation?

Is the institution obligated to investigate the allegation and reported it as a crime statistic if it occurred off campus?

• What if the alleged crime occurred during spring break trip to the beach?

• What if the alleged crime occurred in a house that the institution leased in France to house students studying abroad?

Considering the location of the offense

Are all employees of the institution obligated to respond to reports of alleged sexual violence?

• Does a report to a student housing employee obligate the institution to respond.

• Does a report to faculty with no responsibility for students or campus activities obligate the institution to respond?

Responsible Officials

• Is an institution prevented from taking additional action if a complainant requests confidentiality or refuses to allow their name to be identified as part of an investigation?

• Would anonymous reports still be reportable under Clery?

Requests for Confidentiality

Does the institution have an obligation to the broader campus community?

What are the institution’s obligations to the Complainant?

Institutional obligation to respond upon receiving an allegation