title ix of the education amendments of 1972 prohibits sex discrimination in educational programs...
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ARKANSAS DEPARTMENT OF HIGHER EDUCATION
2014 ANNUAL TRUSTEESCONFERENCE
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Title IX
Title IX of the Education Amendments of 1972
prohibits sex discrimination in educational programs
and activities.
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Clery Act
Crime reporting as well as:
Timely warnings Emergency
notifications Missing person policies,
etc.
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Guidance(s)Dear Colleague Letters
Montana Resolution Agreement
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Merging Title IX into Clery
Violence Against Women Act
(VAWA)
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Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) was amended by the Violence Against Women Reauthorization Act of 2013 (VAWA)¹ which has the effect of implementing many of Title IX protections previously set out by the U.S. Department of Education’s Office of Civil Rights (OCR) through multiple “Guidance” documents, “Resolution Agreements”, and “Dear Colleague Letters”.¹The Violence Against Women Reauthorization Act (“VAWA”), which President Obama signed into law on March 7, 2013, imposes new obligations on colleges and universities under its Campus Sexual Violence Act (SaVE Act”) provision, Section 304.
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Changes to the Clery Annual
Security Report
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National Origin
Gender identity
1. New Reporting Categories for hate
crimes.
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Old ones were: Race
Gender Religion
Sexual Orientation Ethnicity Disability
National Origin Gender identity
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Domestic violence
Dating violence
Stalking
2. New Reportable Incidents
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A. Providing written notice Institutions must give new written information to
all students and employees. Certain information must be provided in writing
to victims. Certain information must be provided in writing
to both the accused and the victim simultaneously.
3. New Requirements for the Clery Act Annual Security Report Itself
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B. New statements of policy in the Annual Security Report.
1. Policy statement on reporting requirements.
2. 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.
3. Statement of standard of evidence used in sexual assault, stalking, dating violence and domestic violence conduct proceedings.
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B. New statements of policy in the Annual Security Report.
4. ASR must have policy statements on Education Programs.
Required educational programs Education programs shall include “primary
prevention and awareness programs for all incoming students and new employees” which shall include:
Statement prohibiting domestic violence, dating violence, sexual assault and stalking;
Definition of domestic violence, dating violence, sexual assault, and stalking.
Definition of consent, in reference to sexual activity. Safe and positive options for bystander intervention. Information on risk reduction. Ongoing prevention and awareness campaigns for
students and faculty on all of the above.
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B. New statements of policy in the Annual Security Report.
5. Policy for on-going prevention and awareness campaigns.6. Policy for procedures victims should
follow.7. Policy for procedures for institutional disciplinary actions, including
requirement of annual training by “officials” conducting investigations and hearings.
8. Equal opportunity regarding choice of advisors.
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B. New statements of policy in the Annual Security Report.
9. Record incidents of stalking based on location.10. Describe each type of disciplinary proceeding used by the institution in
cases of alleged dating violence, domestic violence, sexual assault, or stalking.
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Should haves –
1. Climate Survey2. Victim
Advocates
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Summary
1. New reporting categories. 2. New reportable incidents. 3. Annual Security Report
A. New items which must be in writing. B. New policy statements.
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ARKANSAS DEPARTMENT OF HIGHER EDUCATION
2014 ANNUAL TRUSTEESCONFERENCE