Program Schedule
12 pm ET Introduction
Introduction
- Clery Act background
- Title IX background
- History of Merging Title IX into the Clery Act Amendments through the Dear Colleague Letter (DCL) and Violence Against Women Act (VAWA)
- – Last Congress (failure to pass)
- – This Congress (passed)
- Brief Overview
- – Major types of changes
- – What program will cover
New Hate Crime Reporting Categories
- Addition of National Origin and Gender Identity
- Review of how to classify and count hate crimes
- Effective Date
New Reportable Incidents and New Definitions
- New definitions for new reportable incidents
- – Domestic violence
- – Dating violence
- – Stalking
- New statutory definition for sexual assault: a return to the UCR?
Effective date
- When do institutions need to report these new incidents?
- – What do institutions need to include in Fall 2014 Annual Security Report?
Issues, problems, and questions arising from adding new incidents and determining which are reportable
Educating Campus Security Authorities About Reporting New and Continuing Crimes and Incidents
- Must have 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.
- Training on new incidents and definitions
New statements of policies required for the Clery Act Annual Security Report
- Policy Statement on Reporting Requirements
- – Must have 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.
- Statement of standard of evidence used in sexual assault, stalking, dating violence and domestic violence
- Required educational programs
- On-going prevention and awareness campaigns
- Procedures victims should follow
- Procedures for institutional disciplinary actions, including requirement of annual training by "officials" conducting investigations and hearings
- Equal opportunity regarding choice of advisors
Timely Warning
- Withholding victim's names as confidential
The Clery Act Amendments, Title IX and the April 4 DCL: How They Fit Together
- Equal opportunity for accused and accusers, including choice of advisors
- Retaliation prohibited
- Training and written information and notice to all students
- Required written information and notice to victims and accused individuals
- Publishing a standard of evidence versus requiring preponderance of the evidence
Special Issues
- Hierarchy/counting issues
- Interim remedies and reasonableness
- Geographic issues – cyberstalking?
2 pm ET Conclusion