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Responsibility, Control, and Sexual Assault: The Clery Act’s Legacy. Stephanie Hurley, Marshall University MACUHO Annual Conference 2012. Explain Clery Act legislation and university responsibility. Discuss legal issues associated with Clery Act.
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Responsibility, Control, and Sexual Assault: The Clery Act’s Legacy Stephanie Hurley, Marshall University MACUHO Annual Conference 2012
Explain Clery Act legislation and university responsibility. • Discuss legal issues associated with Clery Act. • Explore housing specific concerns when responding to sexual assault. • Discuss RA responsibilities and training. • Explore the relationship between victim rights and the control of damaging information. Intentions
Jeanne Clery was raped and murdered in her residence hall in 1986. • Litigation following resulted in the Crime Awareness and Campus Security Act, known as the Clery Act. • Institutions who receive federal funding are required to collect and publish campus crime information. • In effect for all crimes, even if they are not legally pursued. The Clery Act
Students (and parents) have the right to have a clear picture of the crimes that occur on campus when selecting institutions for study. • Colleges and universities are responsible for informing students, and the public, about the crimes committed on their campus. Protections
Crimes are reported with or without victim permission. • Accuracy is a concern as there is a limited “audit” system to hold institutions accountable for reporting crimes. Limitations
Collect, classify, and count crime statistics. • Issue campus alerts. • Publish an annual security report. • Submit crime statistics to Department of Education. • Keep a daily crime log (if campus police or security) • Institutions with housing must also: • Disclose missing student information • Disclose fire safety information (fire log) Mandates
Center for Disease Control and Prevention reports that 20-25% of all college aged women are victims of sexual assault. • Victims of sexual assault often feel a loss of control. • The Clery Act requires reporting of their victimization, regardless of their choice to prosecute. The Clery Act and Sexual Assault
Marshall University and 17 peer institutions • Approximately 11,000 students each • 53% are women (5830) • 20-25% are sexually assaulted during college (1166-1457) • 4 years in an average student career (291-364) • 291-364 multiplied by the number of institutions (5238-6552) Reports
Institutions have a responsibility to report these numbers, but can control what assaults get reported. • Staff have a responsibility to report these numbers and control over reporting them even if the victims do not want to pursue a complaint. • Taking control away from victims may harm their ability to cope and heal and may lead to victims holding themselves responsible for their attacks. • Students have control to choose other locations for their education if the numbers are too high. • Reporting low numbers makes it easier for the public to see incidents as isolated and individual rather than pervasive and structural. Responsibility and Control
We are often the first respondents. • Sometimes, these incidents take place in our halls. • RAs are often our informants. • Documentation is king. • Timing is significant. • Partnerships with other campus offices are important. • What are your policies? Implications for Housing
When is it appropriate to report sexual assault? • Empower victims and discuss responsibility and control. • Am I just another statistic? • Title IX responsibilities exist as well. Victim Rights
What questions, comments, or thoughts do you have? Many, many thanks!