Understanding TITLE IX, CAMPUS SaVE, VAWA & …

1 Understanding TITLE IX, CAMPUS save , VAWA & CLERY December 2, 2014 Presented By: Bill Rudersdorf, ARM, CSP Director - Risk Management EIIA 200 South Wacker Drive, Suite 1000 Chicago, IL 60606 800-537-8410 x235 Natasha J. Baker Hirschfeld Kraemer LLP (415) 835-9004 Webinar Agenda Understanding the requirements of TITLE IX: What do you need to do? Understanding the intersection of CAMPUS save and TITLE IX: Which definitions, policies and training requirements? 2 Learning Outcomes Understand all of the requirements that govern CAMPUS sexual violence and sexual harassment. Learn about how key terms are interpreted and how your policies should incorporate these interpretations.

2 Develop questions for part II of Webinar on December 10, 2014. 3 TITLE IX: Fundamentals Notice of Non-Discrimination Designate TITLE IX Coordinator Adopt and Publish Grievance Procedures 4 TITLE IX Fundamentals Notice of Non-Discrimination Must state school does not discriminate on the basis of sex in its education programs and activities and that it is required by TITLE IX not to discriminate Questions regarding TITLE IX may be referred to TITLE IX Coordinator or to OCR 5 TITLE IX: Fundamentals TITLE IX Coordinator Oversees the school s response to TITLE IX reports and complaints; Identifies and addresses patterns or systemic problems.

3 And Should be informed of ALL aspects of TITLE IX reports or complaints, including confidentiality requests. Sample job description: 6 TITLE IX: Fundamentals Grievance Procedures Required Elements Must be published; Application to complaints against employees, other students or third parties; Provisions for adequate, reliable, and impartial investigations; 7 TITLE IX: Fundamentals Grievance Procedures Required Elements Opportunity for complainant and accused to present witnesses and evidence; Designated and reasonably prompt time frames for complaint process; Written notice to both parties of outcome of complaints; and 8 TITLE IX Fundamentals Grievance Procedures Required Elements Assurance that the school will take steps to prevent recurrence of any sexual violence and remedy discriminatory effects, if appropriate.

4 9 Question Q: Who are mandatory reporters under TITLE IX? To whom and what do they have to report? 10 TITLE IX: Responsible Employees TITLE IX and Responsible Employees: Under TITLE IX, whether an individual is obligated to report incidences of alleged sexual violence depends on whether the individual is a responsible employee. 11 TITLE IX: Responsible Employees Responsible employees are any employees who: Has the authority to redress sexual violence; Has the duty of reporting sexual violence to TITLE IX Coordinator or other school designee; A student could reasonably believe has this authority or duty. 12 Question Q: What employees are NOT required to report TITLE IX issues?

5 13 TITLE IX: Sanctuaries A: Mental health counselors, pastoral counselors, social workers, psychologists, health center employees, or any other person with a professional license requiring confidentiality. 14 TITLE IX: Sanctuaries Professional counselors and pastoral counselors whose official responsibilities include providing counseling are not required to report any information regarding alleged sexual assault 15 TITLE IX: Sanctuaries Non-professional counselors or advocates, including those who work or volunteer in health centers, are not required to report allegations of sexual violence in a way that identifies the student, without the student s consent.

6 16 Develop a Reporting Framework Designate required reporters. Designate sanctuaries. Train everyone. Publicize the difference. 17 Question What are the training requirements under TITLE IX? 18 TITLE IX: Training Responsible employees Those with authority to act must know how to respond to reports; Obligation to report sexual violence; What should be included in a report; Procedures for responding to student confidentiality requests; and Any consequences for failure to report. 19 TITLE IX: Training Responsible employees must inform students of the following: Reporting obligations of responsible employees; Students option to request confidentiality and available confidential advocacy or counseling; Their right to file a TITLE IX complaint; and How to report a crime to local law enforcement.

7 20 TITLE IX: Training Professional and Pastoral Counselors and Non-Professional Counselors and Advocates Reporting requirements; Extent to which a complaint may be kept confidential. 21 TITLE IX: Training Employees Implementing Grievance Procedures Grievance procedures; Information on working with and interviewing parties; Conduct that could constitute sexual violence; Consent, including the role of drugs and alcohol; 22 TITLE IX: Training Employees Implementing Grievance Procedures Proper standard of review for sexual violence; How to determine credibility and evaluate evidence while remaining impartial; The need for accountability and remedial action; and Cultural awareness training on how sexual violence can impact different students.

8 23 TITLE IX: Training All Employees Likely to Witness or Receive Complaints: How to prevent and identify sexual violence; Behaviors that may lead to sexual violence; Bystander attitudes that may allow conduct to continue; Potential for revictimization; 24 TITLE IX: Training All Employees Likely to Witness or Receive Complaints: Methods for responding to students who have experienced sexual violence; and Impact of trauma on victims and the person(s) to whom misconduct is reported. 25 TITLE IX Training Students: TITLE IX and what constitutes sexual violence under applicable policies; Institution s definition of consent; Definitions of inappropriate conduct; Reporting options; Grievance procedures; Disciplinary code related to sexual violence, including sanctions; 26 TITLE IX: Training Students: Effects of trauma, including neurobiological changes; The role of drugs and alcohol in sexual violence; Bystander intervention; How to report sexual violence to CAMPUS or local law enforcement; and Protection against retaliation.

9 27 Question Are those ALL of the requirements pertaining to CAMPUS sexual violence? Do we only need to worry about TITLE IX? 28 VAWA/ CAMPUS save Fundamentals Institutions must have statements of policy related to dating violence, domestic violence, sexual assault and stalking. 29 VAWA/ CAMPUS save Fundamentals Statement of Policy must include: A description of programs to prevent domestic violence, dating violence, sexual assault. 30 VAWA/ CAMPUS save Fundamentals Statement of Policy must include: A description of procedures that an institution will follow once an incidence of domestic violence, dating violence, sexual assault or stalking has been reported, including grievance procedures.

10 31 VAWA/ CAMPUS save Fundamentals Grievance Procedures: Must be prompt, fair, and impartial disciplinary proceeding; Officials must be trained and do not have a conflict of interest or bias for or against the accuser or the accused; The accuser and the accused have equal opportunities to have others present, including an advisor of their choice; 32 VAWA/ CAMPUS save Fundamentals Grievance Procedures: The proceeding must be completed in a reasonably prompt timeframe; The accuser and accused must be given timely notice of meetings at which one or the other or both may be present; The accuser, the accused, and officials have timely and equal access to information; 33 VAWA/ CAMPUS save Fundamentals Grievance Procedures: The accuser and the accused must receive simultaneous notification, in writing, of the following: The result of the proceeding and any available appeal procedures; Any change to the results that occurs prior to the time the results become final; and When such results become final.