Overview

1. Overview Lincoln University Clery Act & Title IX Updates Fall Faculty Institute (August 15, 2014)

2. Table of Contents • Lesson 1: Clery Act Overview 03 • What is the Clery Act? • What are the requirements of the Clery Act • Lesson 2: Violence Against Women Act 06 • What is VAWA and what are the requirements of VAWA? • Lesson 3: Title IX 13 • What is Title IX? • Sex and Gender Discrimination Protection • What is Sexual Harassment? • What Do We Need to Do To Comply? • What Are the Options for Reporting Sexual Harassment? • Liability (University and Personal)

3. The“Crime Awareness and Campus Security Act of 1990” was renamed “The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act” (CleryAct) in 1998 • Jeanne Clery was sexually assaulted and murdered in her dorm room at LeheighUniversity In 1986 . • Higher Ed. Amendments 1998 • 20 USC Section 1092(f)  • Regulations • 34 CFR 668.41"Reporting and Disclosure of Information" • 34 CFR 668.46 "Clery Regulations" (Ref. 20 USC 1092(f) & (j)) • 34 CFR 668.49 "Disclosures of Fire Safety Standards and Measures" (Ref. 20 USC 1092(i)) • 34 CFR 668 Appendix A "Crime Definitions" The Clery Act

4. Lesson 1: Clery Act Overview • Requirements of the Clery Act • Disclose, collect, classify and count crime reports and statistics • Issue Crime Alerts- timely warning for any Clery Act-specified crime that represents an ongoing threat to the safety of students or employees • Issue Emergency Notifications upon confirmation of significant emergency or dangerous situation involving immediate threat to health or safety • Publish Annual Security Report • Submit Crime Statistics to Department of Education • Maintain a publicly available daily crime log • Implement missing student notification procedures • Maintain Fire Safety information - including fire log, annual fire report with statistics and policy statements

5. Lesson 1: Clery Act Overview • Review • The Clery Act requires institutions of higher education receiving federal financial aid to report specific crime statistics on campus and provide safety and crime information to members of the campus community • Each campus is responsible for establishing appropriate procedures to implement these guidelines • LUPD notifies the Lincoln University Community by publishing the Annual Security Report by October 1 • Violators can be “fined” up to $35,000 per incident by the U.S. Department of Education, the agency charged with enforcement of the Act.

6. Lesson 2: Violence Against Women Act Violence Against Women Act 2013

7. Lesson 2: Violence Against Women Act • On March 7th, 2013, President Obama signed the Violence Against Women Reauthorization Act of 2013 (VAWA)(Pub. Law 113-4) (Mandatory by October 1, 2014) • (Section 304. of VAWA/ “Campus Save Act”) • Purpose of “Campus Save Act“  • increase transparency about the scope of • sexual violence on campus; • guarantee victims enhanced rights, • provide for standards in institutional • conduct proceedings; and • provide campus community wide prevention educational programming.

8. Lesson 2: Violence Against Women Act • Campus Save Act • The Amendments add three additional crimes: domestic violence, dating violence, and stalking.  It also adds “national origin”  and  • “gender identity” to the list of hate crime categories for Clery Act reporting. • Institutions will be required to include certain policies, procedures, and programs pertaining to these crimes in their Annual Security Reports. 

9. Lesson 2: Violence Against Women Act • Definitions* • Federal Definitions for Domestic Violence, Dating violence, & Stalking • 2013 Changes in Missouri Laws that Pertain to Federal Definitions • Student Conduct Code will be updated to include new language based on VAWA • (see Comparison of Federal Definitions to Missouri Statutes& Sexual Offense and VAWA Crimes Tables)

10. Lesson 2: Violence Against Women Act • Victims’ Rights • Public Law 113-4 Section 304(a)(8)(C) states….. • “A student or employee who reports to an institution of higher education that the student or employee has been a victim of domestic violence, dating violence, sexual assault, or stalking, whether the offense occurred on or off campus, shall be provided with a written explanation of the student or employee’s rights and options..” 

11. Lesson 2: Violence Against Women Act • The Victim’s Rights document will contain information on the following items: • Possible sanctions and protective measures following a crime of rape, date/acquaintance rape, domestic violence, dating violence, sexual assault, or stalking. • Procedures victims should follow if a sexual offense, domestic violence, dating violence, or stalking has occurred and University responsibilities in regards to orders of protection.

12. Lesson 2: Violence Against Women Act • The Victim’s Rights document will contain information on the following items (cont.): • Procedures for institutional action in cases of alleged domestic violence, dating violence, sexual assault, or stalking. • Confidentiality of victims • Counseling services • Options for changing academic, transportation, living and working situations. • Lincoln University’s Victims’ Rights will be given to all who report incidents as stated in VAWA

13. Title IX Training Lesson 3: Title IX Title IX • What is Title IX? • Sex and Gender Discrimination Protection • What is Sexual Harassment? • What Do We Need to Do To Comply? • What Are the Options for Reporting Sexual Harassment? • Liability (University and Personal)

14. Title IX Training Lesson 3: Title IX Title IX states that*: "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance." Higher Education Act as amended by Title IX of the Education Amendments of 1972 (Public Law No. 92‑318, 86 Stat. 235 (June 23, 1972)) Codified in 20 USC Chapter 38 Section 1681-1688 Regulations in 34 CFR 106

15. Title IX Training Sex & Gender Protection • Title IX Sex and Gender Discrimination Protection • Title IX protects individuals from discrimination or harassment connected to any of the academic, educational, extracurricular, athletic, and other programs, activities or employment of schools, regardless of the location (i.e. on or off campus).

16. Title IX Training Sex & Gender Protection • Title IX Sex and Gender Discrimination Protection • This applies equally to all students and employees regardless of the sex, gender, sexual orientation, gender identity, or gender expression of any of the individuals involved

17. Title IX Training What is Sexual Harassment? • What is Sexual Harassment? • Sexual Harassment: Sexual harassment is un-welcome conduct of a sexual nature, including • unwelcome sexual advances, • requests for sexual favors, and • other verbal, non-verbal, or physical conduct of a sexual nature. 

18. Title IX Training What is Sexual Harassment? • Types of Sexual Harassment*? • Quid Pro Quo Sexual Harassment • Hostile Environment Sexual Harassment • Sexual Exploitation • Sexual Intimidation • Sexual Violence • Domestic Violence, Dating Violence, & Stalking

19. Title IX Training What Do We Need to Do to Comply? • Policy Procedures • Disseminate a notice of non- discrimination • Designate a Title IX Coordinator • Publish Grievance Procedures

20. Title IX Training What Do We Need to Do to Comply? • If the University “becomes aware” that a member of the University Community may have been subjected to or affected by conduct that violates this policy, the University will: • review the matter and take prompt action, • investigate and take appropriate steps to stop and remedy the sex discrimination or sexual harassment as required.  • prevent its recurrence, and address effects to the Lincoln University community at large if applicable.

21. Title IX Training What Do We Need to Do to Comply? • The US Dept of Education deems a school to be “on-notice” if a “responsible employee” knew,or in the exercise of reasonable care should have known about an incident of sexual harassment or sexual violence. • *Once a school “becomes aware” of an incident, it will then be considered “on-notice”.

22. Title IX Training What Do We Need to Do to Comply? • Definition of “Become Aware” • personal observation, • direct information from the subject of the behavior, • indirect information from a third party, etc. • A “responsible employee” must report some information to the Title IX Coordinator depending on the employment status of the responsible employee.

23. Title IX Training Reporting Options • What Are the Options for Reporting Sexual Harassment • Title IX Coordinator or Complaint Coordinator (formal grievance) • Student Conduct • Professional and Pastoral Counselors • Responsible Employees (Level 1/2) • LUPD or Other Law Enforcement Agencies

24. Title IX Training Reporting Options • What Are the Options for Reporting Sexual Harassment • If an individual talks to a Lincoln University Employee, he/she should be provided with information on: • Lincoln University’s Title IX Processes and Procedures • Lincoln University’s Title IX Grievance Process • Lincoln University’s Victims’ Rights

25. Title IX Training Reporting Options • Counselors • Professional, licensed counselors and pastoral counselors who provide mental-health Counsel-ing to members of the school Community (Individuals can speak to counselor confidentially) • Student Health Services located at the Thompkins Health Center that can be reached at (573) 681-5164. • The campus counselor is available during normal office hours on weekdays between 8:00am to 5:00pm

26. Title IX Training Reporting Options • Responsible Employee • A “responsible employee” is an employee who: • has the authority to redress sexual violence • has the duty to report incidents of sexual violence or other student misconduct, or • a student could reasonably believe has this authority or duty.

27. Title IX Training Reporting Options • Responsible Employee • All Lincoln University employees (other than Professional and Pastoral Counselors) who become aware of an act of sexual harassment (including sexual misconduct) or behavior which could be characterized as sexual harassment, when perpetrated against a member of the Lincoln University community is considered a “responsible employee”.

28. Title IX Training Reporting Options • Level 1 Responsible Employee • The following employees (or categories thereof) are considered Level 1 “responsible employees”

29. Title IX Training Reporting Options • Level 1 Responsible Employee • 1. Any faculty or staff member responsible for supervising any activities or programs that include direct contact with students outside of classroom (including faculty advisors to recognized student organizations)

30. Title IX Training Reporting Options Level 1 Responsible Employee When a victim tells a “Level 1” responsible employee about an incident of sexual violence, the victim has the right to expect the University to take immediate and appropriate steps to investigate what happened and to resolve the matter promptly and equitably.

31. Title IX Training Reporting Options “Level 1” responsible employees must explain upfront to a victim that they will have to make a report to the Title IX coordinator with: all relevant details about the alleged sexual violence shared with them; and that the University will need to determine what happened. This report will include all relevant facts, date, time, and specific location of the alleged incident in the report.

32. Title IX Training Reporting Options Level 1 Responsible Employee To the extent possible, information reported to a “Level 1” responsible employee will be shared only with people responsible for handling the Lincoln University’s response to the report (i.e. change in housing, academic accommodations, counseling services).

33. Title IX Training Reporting Options • Level 2 Responsible Employee • All Other Non-Supervisory Faculty or Staff • “Level 2” responsible employees will explain upfront to a victim that they will have to make a report, but that this doesn't mean that the victim has to be a part of an investigation or lose control of the situation. • (must report known circumstances of the harassing behavior but the initial report does not require name or other identify-ingInfo.)

34. Title IX Training Reporting Options • Confidentiality requests have Implications on Investigation and the disciplinary process* • Victim’s rights Vs. the University Community (Title IX/Clery obligations) • Confidentiality & Student Conduct actions • Implementation of remedies and interim/long term measures • Lincoln University prohibits retaliation. • Interim Measures are available regardless of the reporting option utilized • victim advocacy, • academic support or accommodations, • disability, health or mental health services, and • changes to living, working or course schedules

35. Title IX Training Reporting Options • Lincoln University Police Department (LUPD) • LUPD will conduct an investigation based on possible criminal and University policy violations • The Lincoln University Police Department can • also refer cases to: • the University Student Code of Conduct System (if students are involved), or • the Title IX investigator if faculty, staff member, or a third party is involved. • Cole County Prosecuter

36. Title IX Training Reporting Options • LUPD will also provide the following to a victim: • information on victims’ rights under Title IX; • Info. on victims’ rights under SA, DV, DV, & Stalking Policy; • work with other departments on campus to implement interim measures; • assist in obtaining medical care/medical examinations; and • provide information on counseling services

37. Title IX Training Liability • Liability is created for the University when: • An employee knew or should have known about alleged misconduct and failed to report the action. • A University official had the authority to • institute corrective measures and did not do so.

38. Title IX Training Liability • Differences between Title IX Investigation and Criminal Investigation: • Preponderance of Evidence • Beyond Reasonable doubt • Law enforcement investigations do not relieve the school of our responsibility to investigate (no waiting period). • Conduct may constitute unlawful sexual harassment under Title IX even if the police do not have sufficient evidence of a criminal violation.

39. Title IX Training Liability • University’s Liability* • - Attorney’s fees to defend • - Institutional time and effort to defend • - Publicity • - Reputation damage to University • - Monetary judgments/fines • - Plaintiff’s attorney’s fees

40. Title IX Training Liability • Personal Liability • - Loss of responsibilities/employment status • - Attorney’s fees for personal attorney • - Loss of reputation • - Time, effort and stress of defending lawsuit

41. Title IX Training Resources • You can get additional information and advice • from your campus Title IX Coordinator • & CleryAct Coordinator • LU Clery Act Page • LU VAWA Information Page • LU Title IX Information Page

42. Questions ? Contact Information: Robert A. Clay, P.E., CHMM Lincoln University Clery Coordinator Lincoln University Police Department 820 Chestnut Street Jefferson City, Missouri 65102 (573) 681-5555 E-mail: Clayr2@lincolnu.edu