“We appreciate that the government has given greater clarity but we could always use more, and there are probably some very simple ways OCR could be communicating with campuses instead of scolding them every time they get this wrong,” said Brett Sokolow, executive director of the Association of Title IX Administrators.
Click here to read “Advocates: Campus sexual violence under-addressed.”
By now, many in higher education have taken a look at the VAWA Reauthorization section known as the Campus SaVE Act. This act is now law, with enforcement expected to kick in a year from now. Start planning now, because there is a lot to this new law. This amendment changes the Clery Act in ways much more substantive than previous amendments. While amendments before asked administrators to disclose existing policies, they largely did not require the creation of new policies except for the set of amendments contained in the 1992 Campus Sexual Assault Victim’s Bill of Rights. Now, those disclosures and rights have been largely eclipsed by the SaVE amendments, which will require the field to develop significant new policy language, much of the content of which is prescribed by the SaVE Act.
Summary of changes
- New hate crime categories added to the Annual Security Report
- New hate crimes and definitions added to the Annual Security Report
- Primary prevention and awareness programs required for all incoming students and new employees
- Applicable jurisdiction’s definitions for hate crimes and consent required in policy
- Bystander intervention options required in policy
- Ongoing prevention and awareness campaigns required
- Parties entitled to the same opportunities to a support person/advisor at any proceeding or meeting
- Officials responsible for institutional disciplinary procedures must receive annual training
- Policy statements to include written explanation of:
- the rights of victims
- institutional responsibilities
- information about confidentiality
- prevention of retaliation
The NCHERM Group has a shortcut to SaVE you time. They have created template language to satisfy all of the new SaVE Act disclosure requirements (at least as best can be deciphered before regulations are issued). It’s eight pages of model language containing policy and procedure information outlined by Title IX and Campus SaVE. This template is available from The NCHERM Group for $249.
To purchase the SaVE disclosure template, visit the online store or contact Alisha DiGiandomenico at (610) 644-3387. Please note that this template only includes the new ASR required disclosures, not all updates that were made by SaVE, such as those involving hate crimes statistics and hate crime categories.
For additional information, please contact:
Click here for the official press release.
Brett A. Sokolow, an attorney and president of the National Center for Higher Education Risk Management, said the federal government would likely have been “less than thrilled with that response, then or today.” Telling a student who said she was raped to delay reporting could represent a “failure of promptness,” Sokolow said.
USC Alumna Says University Botched Handling of her Rape Case 2o Years Ago. The Huffington Post, September 2013.
ATIXA/SCOPE offer their comments to the Negotiated Rulemaking Committee for the Violence Against Women and Campus SaVE Acts.
The Oklahoman quoted Daniel Swinton, J.D., Ed.D., Senior Executive Vice President at The NCHERM Group, in an article that explores the impact of sexual misconduct and other student conduct issues on the practice of student expulsion. Swinton comments that cases wherein a student is found responsible for several counts of sexual misconduct would generally be grounds for the university to expel that student permanently: “I think expulsion is probably warranted even with one incident,” he said. “I’m not sure what it would take to get expelled if they’re not expelled for that.”
Brian Van Brunt, Ed.D., Senior Vice President for Professional Program Development at The NCHERM Group, was quoted extensively in Grown-up bullying, the final article in a two-part series examining the culture of bullying at various stages throughout the life span. Van Brunt is quoted as saying, “It can come as a surprise to some when the cruelty, cliques and popularity contests of high school are now propagated into the college classroom and dormitories… Some may also be disappointed that these kinds of behaviors continue in an academic setting where the pursuit of knowledge and the preparation for a future career should be the focus of students’ attention. There can be an anger and resentment from other students, faculty and staff when they are placed in a position of witnessing bullying behavior or are required to stop their own academic pursuits and jobs to deal with a problem they thought most people should have outgrown by this stage of their lives.” Van Brunt is the author of Ending Campus Violence: New Approaches to Prevention, which was published by Routledge in 2012.
ATIXA Tip of the Week: Best Practices for Informational Title IX posters