Karin W. Rilley, Associate General Counsel
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Karin W. Rilley, Associate General Counsel. Sexual Assault and Crime on Campus: Title IX Compliance. March 27, 2012. University of North TexasUniversity of North Texas University of North Texas University of North Texas Dallas. Health Science Center at Fort WorthDallas College of Law.

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Health science center at fort worth dallas college of law

Karin W. Rilley, Associate General Counsel

Sexual Assault and Crime on Campus: Title IX Compliance

March 27, 2012

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

Health Science Center at Fort WorthDallas College of Law


Hypothetical

Hypothetical


The foundations

  • 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

Definitions


Health science center at fort worth dallas college of law

  • 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?


Health science center at fort worth dallas college of law

Considering the location of the offense

  • 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?


Health science center at fort worth dallas college of law

Responsible Officials

  • 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?


Health science center at fort worth dallas college of law

Requests for Confidentiality

  • 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?


Health science center at fort worth dallas college of law

Institutional obligation to respond upon receiving an allegation

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

  • What are the institution’s obligations to the Complainant?


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