Title IX/VAWA/Clery Act

CUSP 2014 FALL MEETING

Our Purpose Today

• Highlights for Title IX, VAWA, Clery Act

• Practical takeaways related to: • Program development

• Coordinated sexual harassment/assault campus programs

Title IX - Highlights

• Title IX (Education Amendments of 1972) protects people from discrimination based on sex in education programs and activities.

• Examples of the types of discrimination covered under Title IX include:• Failure to provide equal opportunity in athletics

• Limiting access based on pregnancy

• Sexual harassment (sexual assault is considered an extreme form of harassment)

• Office of Civil Rights provides guidance.

Title IX - Highlights

• Three standards for sexual harassment, behavior that:• Is sexual in nature

• Is unwanted in nature

• Prevents/limits access to educational programs and activities

• Jurisdiction• On campus

• Off campus events sponsored by the college

• Anything off campus that impacts students while on campus

Title IX and Student Programs

• Ensure student access to information

• Awareness building; if you see something, say something

• Everyone is responsible for compliance

• Off campus issues

• http://knowyourix.org/tips-from-the-ground-student-government-and-student-activism-case-studies/

VAWA (Campus SaVE Act) - Overview

• Violence Against Women Act (VAWA), 1994, is considered the cornerstone of the US government’s response to domestic and sexual violence. 

• Campus Sexual Violence Elimination (SaVE) Act focuses on colleges.

• Reauthorized this year with significant changes to reporting and training.

VAWA and Student Programs

• The American Council on Education’s interpretation of VAWA required training for students and staff/faculty includes: • Statement prohibiting sexual assault/violence.

• Definition of sexual assault/violent.

• Definition of consent.

• Presentation of “safe and positive” options for bystander intervention.

• Presentation of abusive behavior signs and how to avoid potential attacks.

What About the Clery Act and Student Conduct?

• Under VAWA, there are new provisions to the Clery Act:• Record incidents of stalking based on the location

• Add gender identity and national origin as new categories of bias for a hate crime

• Include in annual security report a statement of policy regarding programs to prevent sexual misconduct/stalking and the procedures the institution will follow for such crimes

• Under VAWA, there are new requirements for Student Conduct Codes:• Describe each type of disciplinary proceeding used in cases of alleged sexual

misconduct

• Provide the accuser and the accused the same opportunities to have an advisor of their choice present during the disciplinary proceeding

Coordinated Response

• Involve relevant departments

• Brainstorm multiple methods of training

• Ensure a student friendly explanations of the process

• Train student leaders; who hears more administrators or peers

• Avoid 100% focus on victim centered prevention

More questions? Ruby Hayden

425-739-8208 * ruby.hayden@lwtech.edu