The “What If’s” and “How To’s” of the Campus Sexual Violence Elimination (SaVE) Act

1. The “What If’s” and “How To’s” of the Campus Sexual Violence Elimination (SaVE) Act 2014 Memphis In May Student Affairs Conference Presented By: Gregory R. Singleton Associate Vice President/Dean of Students Austin Peay State University

2. Where Did This All Begin? • Jeanne Clery was a college freshman at Lehigh University in April 1986 when she was brutally murdered by a fellow student (Josoph Henry 20 years old) • Was found dead in her third floor residence hall room • She had been raped, mutilated by a broken bottle, sodomized, beaten, bitten, and strangled with a metal coil • Her parents sued the university for 25 million dollars (later settled out of court) and used the settlement to begin a non-profit entity called “Security on Campus, Inc.” (later renamed the Clery Center for Security on Campus) • Jeanne Clery Act was originally passed in 1990 as part of the Student Right-to-Know and Campus Security Act. • Has been amended in 1992, 1998, and 2008 by the Higher Education Amendments

3. Where Did This All Begin? • Provides for the following requirements from colleges/universities: • Annual Security Report • Statements of policy • Campus crime Statistics • Campus Sexual Assault Victim Bill of Rights • SaVE Act Statistics • Ongoing Disclosures • Emergency notifications • Timely warnings • Public Crime Log The U.S. Department of Education enforces the Clery Act

4. Let’s Examine Some of the Facts…. • Women and girls are the vast majority of rape or sexual assault victims; nearly 1 in 5 women has been raped in their lifetime • Men and boys are also at risk: 1 in 71 men – or almost 1.6 million have been raped during their lives • Most victims know their perpetrators: 51% of female victims were raped by a current or former intimate partner, and 41% were raped by an acquaintance. Stranger rape accounts for 14% of the total • For men and boys, 52% report being raped by an acquaintance and 15% by a stranger

5. Let’s Examine Some of the Facts…. • Repeat victimization is common: over 1/3 of women who were raped as minors were also raped as adults • The majority of perpetrators are male: 98% of female and 93% of male rape survivors reports that their assailants were male • Nearly ½ of female survivors were raped before they were 18 and over ¼ of male survivors were raped before they were 10

6. Let’s Examine Some of the Facts…. • The majority of rape and sexual assault victims are young-between the ages of 16 and 24 • College women are especially at risk: 1 in 5 women has been sexually assaulted while in college • Many survivors are victims of “incapacitated assault”; they are sexually abused while drunk, under the influence of drugs, passed out, or otherwise incapacitated • A 2007 study found that 58% of incapacitated rapes and 28% of forced rapes took place at a party • On average only 12% of student victims report their assault to law enforcement

7. Campus SaVE Act • Covers students and staff of an institution of higher education • Most dramatic expansion to sexual violence reporting and policy since 1992

8. Who has responsibility under Clery and the SaVE Act • Leadership and coordination from the top • Student Affairs • Human Resources • Academic Departments • College Police/Public Safety

9. What is the Campus SaVE Act • Signed into law in March 2013, the Campus SaVE Act has four central components: • Identify the institution’s Campus Security Authority personnel • Create a Campus Sexual Assault Victim Bill of Rights • Expand sexual crime reporting on campus • Ensure the college has standard operating procedures for handling incidents of sexual violence The Campus SaVE Act became effective on March 7, 2014

10. What is the Campus SaVE Act • Provides students and employees who report victimization information, in writing, of their rights to notify law enforcement and to be assisted by campus authorities in doing so; • Provides information for campus and local advocacy, counseling, health, mental health and legal assistance services; • Provides notification to students and employees who report victimization options for and assistance in changing academic, living, transportation and working situations if requested and reasonably available

11. What is the Campus SaVE Act • Provide for honoring any lawful no contact or restraining order • Disclose the range of possible sanctions that may be imposed following an institutional disciplinary hearing • Detail procedures victims should follow if a sex offense occurs, including who to contact and information about the importance of preserving physical evidence

12. What is the Campus SaVE Act • Disclose a summary of institutional disciplinary procedures including clear statements that- • Accusers shall have the opportunity to request prompt proceedings • Proceedings should be conducted by individuals who are trained on sexual assault and other intimate partner violence issues and the “preponderance of the evidence standard” shall be used • Both the accuser and accused are entitled to be accompanied to any related meetings or proceeding by an advisor of their choice and both must have the same opportunity to have others present during any proceeding • Both accuser and accused are entitled to be informed of the final results within ONE BUSINESS DAY of outcome being reached

13. Identify CampusSecurity Authorities • Institutions must: • Define who the campus security authorities (CSA) are in their Annual Security Report (ASR) • Protect the confidentiality of victims to the extent permissibly by law; and • Describe CSA responsibilities and train them for their role • Provide annual notification identifying CSAs • Supply Crime Definitions

14. Who is a Campus Security Authority? • A campus police or security department • Individuals or offices designated to receive crime reports • Individuals who have responsibility for campus security • Officials with significant responsibility for student and campus activities such as: • Professional staff in a Dean of Students Office (including leadership in Student Affairs) • Student Activities/Programming Staff • Faculty or staff advisors to student organizations • Coaches • Title IX Coordinator

15. Who is NOT a Campus Security Authority? • A faculty member who does NOT have responsibility for a student or campus activity beyond the classroom • Clerical staff • Cafeteria staff • Facilities or maintenance staff

16. Campus Sexual Assault Victim Bill of Rights • Victims of sexual assault will have the right to the following: • Reasonable changes to academic and living situations • Referrals to counseling and assistance in notifying law enforcement • The same opportunity as the accused to have others present (advisors) at disciplinary hearings • Unconditional notification of outcomes of any hearing, sanctions imposed, and terms of sanctions in place • Opportunities and assistance to speak (or choose not to speak) to anyone regarding the outcome of a hearing • Name and identifying information kept confidential (FERPA)

17. Campus SaVE Act: Crime Statistics • The SaVE Act adds the following offenses to the list of criminal offenses for which statistics must be reported: • Domestic Violence • Dating Violence • Stalking

18. Prevention and Awareness Programs • The Campus SaVE Act requires each institution to: • Offer primary prevention and awareness programming to ALL incoming students and new employees that includes: • The definition of consent in sexual relationships • Reporting sex offenses • Bystander intervention • Risk reduction

19. Prevention Tips for Students • Date people you know and trust • Be extra careful about meeting people on-line • Tell parents or friends when you are going out on a date; identify where and when • Know your limits and express them • Avoid drugs and/or alcohol • Go out, don’t hang out

20. Warning Signs of Dating/Relationship Violence or Abuse • Isolates you from friends or family • Having angry outbursts • Blames others for their problems • Threatens to hurt you during arguments • Gets extremely jealous for no reason • Acting cruel towards animals or children • Trying to control you by belittling you or your ideas

21. Reporting to Authorities • If you experience any of these crimes or have witnessed any of these crimes on your campus, you may remain anonymous when reporting • Call campus police or pick up an emergency phone on your campus

22. Partnering Resources Useful Websites: http://www.mencanstoprape.org/ http://www.thehotline.org/ http://refuse.nra.org/ http://clerycenter.org/

23. References • "Education Risk Management | Edu Risk Solutions." Education Risk Management | Edu Risk Solutions. N.p., n.d. Web. 04 May 2014. • "Understanding the Campus Sexual Violence Elimination, SaVE Act: Know Your Rights and the College's Responsibilities." N.p., n.d. Web. • "The Campus Sexual Violence Elimination (SaVE) Act." Clery Center For Security On Campus. N.p., n.d. Web. 03 May 2014. • "After Their Daughter Is Murdered at College, Her Grieving Parents Mount a Crusade for Campus Safety." : People.com. N.p., 19 Feb. 1990. Web. 04 May 2014. • "Not Alone." Not Alone. N.p., n.d. Web. 04 May 2014. • "Rape and Sexual Assault: A Renewed Call to Action." National Sexual Violence Resource Center (NSVRC) |. N.p., n.d. Web. 04 May 2014.

24. Please evaluate the session! Takes less than two minutes to do three question evaluation! • To use Grupio App: • Click on Schedule • Find session • Click on (Name of Session) Survey • Complete Survey • To use URL: http://bit.ly/1jI0B4u • If no mobile device or prefer to wait, fill out conference evaluation which will arrive in your email inbox by Tuesday!