Addressing Sexual Misconduct and Other Crimes on Campus: TITLE IX, Clery and VAWA

1. Addressing Sexual Misconduct and Other Crimes on Campus:TITLE IX, Clery and VAWA Oscar Cobian Title IX Coordinator Jonas Crawford Title IX C0-Coordinator Cesar Romero Oxnard College Police Department Deanna McFadden Oxnard College Student Health Center

2. Federal Mandates Regarding Campus Crime Intersecting legislation and task force reports aimed at addressing sexual misconduct and other crimes on college and university campuses include: • Clery Act • Campus SaVE Act • Violence Against Women Act (VAWA) • Not Alone: White House Report • Title IX

3. What Is Title IX • 1972 Landmark civil rights protection • Provides protection from all forms of sexual misconduct including: sex-based discrimination, harassment, or gender violence at any educational institution receiving federal funding • Students are the primary focus of Title IX, although it is applicable to all campus constituencies • Applies to males and females, including gender non-conforming individuals

4. What is the Clery Act? “Jeanne Clery Disclosure of Campus Security Police and Campus Crime Statistics Act” (formerly the Campus Security Act): A federal law that requires U.S. institutions of higher education to disclose campus security information including crime statistics for the campus and surrounding areas

5. What is the Campus Sexual Violence Elimination (SaVE) Act Student and staff must be assisted by campus authorities if reporting a crime to law enforcement Obtain or enforce a no contact directive or restraining order Have a clear description of their institution’s disciplinary process and know the range of possible sanctions Receive contact information about existing counseling, health, mental health, victim advocacy, legal assistance, and other services available both Campus awareness campaigns for staff and students Prompt, fair, and impartial investigation and resolution of investigation by officials receiving annual training. Not

6. What is Violence Against Women Act (VAWA), signed in 1994 Coordinated community and legal response to domestic violence, sex dating violence, sexual assault, and stalking; Emphasis on Law enforcement, prosecutors, victim services; VAWA provides specific support for work of organizations that serve economically and socially disadvantaged women

7. Title IX Focus: Sexual Misconduct • Sexual Misconduct: All forms of harassment and violence that are sexual in nature • Sex-Based Harassment: Stalking, voyeurism, exhibitionism, verbal or physical abuse or threats thereof • Sex-Based Violence: Intimate partner or domestic partner violence, dating violence, attempted or completed rape, and other forms of sexual assault

8. Sexual Misconduct & Sexual Discrimination are Defined as: Any sex-based circumstances/events that deny or limit an individual’s ability to participate in or receive benefits, services, or opportunities in the university’s programs: academic programs, internships, sports, housing, admissions, health services, etc.

9. University Responsibilities Under Title IX and Clery • Policy and Process: • Maintain and advertise College policies, resources & services aimed at addressing any instances of sexual misconduct and other campus crimes • Identify individuals who serve as College’s Responsible Employees • Publish & distribute an annual Campus Security Report by October 1st of each year • Support & keep an up-to-date daily log of all reported crimes • Has an obligation to investigate all reports of sexual misconduct through the Title IX Coordinator • Adopt and publish reporting and grievance procedures for the timely resolution of complaints • Provide victims with on and off campus resources & services; • Take expedient action to assure victim/complainant can continue education free of sex discrimination, sexual harassment or sexual violence • Make accommodations for the victim/complainant as needed/requested in areas of housing, academic, work & transportation

10. College Responsibilities Under Title IX and Clery • Notification: • Immediate notification to the campus community is required for crimes that pose a serious and ongoing threat • Immediate notification is sent out through text message alert, siren system activation or through notification on the college homepage • The campus must be notified in a timely manner (usually within 24 hours of a threatening incident) • ‘Timely Warning’ notification may be given by voicemail, email, information bulletins, newspaper announcements, etc. • These notifications are important as they make the campus aware of incidents and may prevent someone else from being harmed

11. College Responsibilities Under Title IX and Clery • Training: • Provide specific training for new and continuing students on what constitutes sexual misconduct • Train individuals identified as Responsible Employees/CSAs on sexual misconduct, reportable crimes and campus reporting requirements • Dedicated college webpage to address issues related to Title IX and Clery reports

12. Critical Definitions • Responsible Employee per the OCR Any person who has the authority to take action to redress sexual harassment/misconduct; who has been given the duty of reporting incidents of sexual harassment/misconduct by student to the Title IX coordinator, or who a student reasonably believes has this authority or duty • CSA (Campus Security Authority) Any official with significant responsibility for student and campus activities (i.e. Program Director, Dean, Vice President, President)

13. What it Means to be a Responsible Employee/CSA If someone tells you about a crime or an incident that might be a crime, record the information and submit a BIT report Simply get the facts - experts will do the analysis To make a Title IX or Clery report, complete the BIT form. Maxient can record Title IX and Clery incidents that can be reported at the end of the year. Questions? Contact: Title IX Coordinator, 805-937-5937 or Deanna McFadden in the Student Health Center at 805-701-9446 Campus crimes or emergencies, Campus Police or 911

14. When Crimes Need to be Reported Report the crime whenever a victim or witness calls it to your attention. Be sure to document: • Whenthe crime or incident occurred • When it was reported to you *Clery requires that the crime be counted for thecalendar year in which it is reported.

15. VAWA College Responsibilities Under VAWA, colleges and universities are required to: Report domestic violence, dating violence, and stalking, beyond crime categories the Clery Act already mandates; Adopt certain student discipline procedures, such as for notifying purported victims of their rights; and Adopt certain institutional policies to address and prevent campus sexual violence, such as to train in particular respects pertinent institutional personnel. Conduct campus awareness campaigns

16. Report All Crimes Even if They Did Not Occur at Oxnard College Any crime involving an OC student while attending a college sponsored event, function or in conjunction with the educational process must be reported, no matter the location of the incident. Example 1: A student is assaulted while attending a college sponsored conference in another city. For example, ASG student attending a student leadership conference in Sacramento. Example 2: A student is being sexually harassed during an academic internship at a local business.

17. Just Get the Facts__________________________ • Clery and Title IX Coordinators will categorize the report; your job is to get the information the person is willing to tell you. Remember: • You are not a detective. • You don’t have to prove what happened or who was at fault. • You are not supposed to find the perpetrator. • Clery: Use the BIT form. The identity of a victim is confidential, not required, and should not be included in your BIT report. • Title IX: The victim must be identified, however, the victim can request anonymity from the Title IX Coordinator.

18. Oxnard College Reporting, Resources & Services Options • Reporting options • College Police • Title IX coordinators • Behavior Intervention Team • On Campus Resources • Student Health Services • General Counseling

19. Articles for Further Information • Plain and simple Clery juxtaposed Title IX: https://www.notalone.gov/assets/ferpa-clerychart.pdf • Clery Act Basics: http://knowyourix.org/clery-act/the-basics/ • Clery details regarding crime reporting: http://knowyourix.org/the-clery-act-in-detail/ • Campus SaVE Act info (and the infamous dear colleague letter): http://knowyourix.org/understanding-the-campus-save-act/

20. Not Alone – White House Initiative On January 22, 2014, the President established the White House Task Force to Protect Students from Sexual Assault. Launched NotAlone.gov, resources on how to prevent and respond to sexual assault on college and universities The website also includes legal guidance for schools.

21. What is next? At the district level, policies are being revised and updated to reflect the most current state and federal mandates. Training for CSA, staff and faculty, as well as students need to be identified and implemented. Magna for faculty and Not Alone for students are two training programs that have been suggested. Each campus is responsible for compliance Identify Campus Security Authority (CSA)

22. Questions