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Campus SaVE Act

Campus SaVE Compliance: Continuing, On-Going Education & Prevention
Posted by On Tuesday, October 20, 2015

You administered Think About It on your campus… now what?  The Campus SaVE Act requires schools provide “primary prevention and awareness programs” for new students and employees, as well as ongoing education, which refers to campaigns that are sustained over time, occur at different levels, utilize a wide range of strategies, have appropriate content for the audience, and provide ways for individuals to get involved.

Think About It, our flagship course, and its follow-ups, Part II and Part III, and the future release of Think About It: Continuing Students provide schools with options for ongoing education. However, there are many complimentary things that you can be doing on your campus throughout the school year! They fall into three categories of prevention and education. The different categories of prevention originated out of the health field with a focus on disease and illness. The goal of preventative actions is to stop further progression of the condition. In this case, the condition is sexual violence and the goal is for prevention efforts to stop 100% of sexual violence incidents before they occur. Unfortunately, this is not the reality of the work, and so there are other forms of programming, resourcing, and education that can supplement prevention. For our purposes, we have added a fourth and fifth category to the type of work happening on campus to remediate the impacts of sexual violence. We categorize these as Risk Reduction and Awareness Education.

Primary Prevention: Efforts that address sexual violence before it happens

Secondary Prevention: Efforts that deal with immediate effects of sexual violence

Tertiary Prevention: Efforts that manage long-term effects of sexual violence

Risk Reduction: Efforts that give potential victims tools that could minimize risk of sexual violence

  • Personal safety apps (Livesafe, Companion)
  • Responsible partying tips
  • Bystander Intervention
  • Self-defense classes

Awareness Education: Efforts that build awareness of the sexual violence among the target population (These can often fall into the categories of secondary or tertiary prevention, but it is important to remember that on its own, awareness is not preventative)

Your on-campus and online efforts to eliminate the incidences and impacts of sexual violence have the ability to make culture change far beyond that of just your campus. College age men and women are at the highest risk for sexual assault, but that doesn’t mean the problems stop when they leave campus. The education and programming they receive during their years in college will impact them long after they leave, creating a healthier and safer world for us all to live in. CampusClarity is intentional about including components of each type of prevention and education in Think About It to best arm campuses with the tools needed to make lasting change.

  • Primary Prevention: Think About It uses social norming by asking students “insights” questions that gauge their perspective and then tell them how their peers responded. Often students think that their beliefs make them outliers, when really most of their peers have the same concern as well as the same belief.
  • Secondary Prevention: Throughout Think About It, there are links to hotlines like RAINN (Rape, Abuse, and Incest National Network) and allow for administrators to include on-campus and off-campus resources for students to counseling centers, hospitals, or other crisis interventions.
  • Tertiary Prevention: Think About It can be used as a tool to educate peers about how to best assist those who are struggling with abusive relationships, have experienced sexual assault, or overuse alcohol/drugs.
  • Risk Reduction: In Think About It, there is a focus on bystander intervention to encourage friends and peers to intervene in situations of risk. We also provide tips on partying safer. By acknowledging that students will still engage in these activities, we give them the resources needed to do it in the least risky way.
  • Awareness Education: When campuses use Think About It, they also gain access to Talk About It, our online resources that include posters and white papers about topics like sexual assault, dating violence, and alcohol use. We also link to reporting policies so that students gain the knowledge needed to report sexual violence or misconduct.

While CampusClarity provides as many resources as possible, we are definitely not able to do this alone. It is important that campuses also enlist the help of our partners in this fight to end sexual/dating violence. Check out the links above for some options.

Is there programming on your campus that you’re especially proud of? We’d love to hear your success stories at our Annual Summit this March. Please email talkaboutit@campusclarity.com for more information.

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Campus Climate Surveys: Data Collection as Prevention & Risk-Reduction
Posted by On Wednesday, October 14, 2015

Sexual Assault Campus Climate Surveys are a hot topic for student affairs administrators around the country. Some schools have administered internal climate surveys, some have utilized prepared climate surveys from the AAU or HEDS, and others are in the process of developing and implementing climate surveys. While climate surveys are not yet federally required (although some states are now mandating them and the OCR has required them of schools under investigation), the government has urged schools to adequately assess the climate on their campuses through climate surveys.

At CampusClarity, we do more than just help reach Title IX & Campus SaVE compliance. We strive to eliminate sexual and dating violence on college campuses and beyond. Because climate surveys are considered a best practice for gauging campus climate, we have developed a tool that will help campus administrators tackle the huge task of building climate surveys.

Over the past few months, our product development team has dedicated countless hours to learning from others, developing best practices, and engineering a platform that will allow administrators to simply and swiftly build campus climate surveys. Our platform has many unique features made specifically for campus climate surveys, such as built in content/trigger warnings, a landing page for IRB approval, and default settings that will help increase completion rates. Perhaps most useful is that all data collected will go into the same LMS with data from Think About It and our other courses. Data can be cross tabulated by demographic, and will be delivered with sample size protection as to not out students with underrepresented identities.

We partnered with Callisto, a sexual assault reporting tool for colleges, to host a webinar revealing our climate survey platform. Callisto allows schools to collect data all year round about incidence and prevalence of sexual assault. When partnered with climate surveys, Callisto can provide administrators the information they need to provide prevention, risk reduction, and awareness education on campus. View the below webinar to learn more about climate survey best practices, Callisto, and CampusClarity’s new product.

Climate Survey Webinar

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Weekly Roundup
Posted by On Thursday, July 2, 2015

This week the Campus SaVE Act final regulations officially go into effect, the role of judges in campus hearings, and new research on bystander intervention.

The VAWA/Campus SaVE Act Final Regulations Go into Effect

Over two years ago, on March 7, 2013, President Obama signed the Campus SaVE Act into law as part of the Violence Against Women Reauthorization Act of 2013 (VAWA). The Campus SaVE Act increased the Annual Security Report crime reporting categories, and requires colleges and universities receiving federal funds to provide student and employee awareness training on campus sexual violence.
This week, VAWA’s final regulations went into effect after several months of negotiated rulemaking, and request for public comments . While the final regulations have only just gone into effect, colleges and universities have been expected to make good faith efforts to comply with these new requirements in the interim (). Compliance now requires schools to follow the letter and not just the spirit of the law. This Huffington Post article provides a convenient breakdown of what schools must do this year to comply with the regulations and a brief discussion of its significance. Also, see our Campus SaVE Act compliance checklist and rundown of the final regulations, or review our summary of additional requirements under new state legislation.

Should Judges Be Overseeing Campus Hearings?

More and more colleges and universities are turning to judges to oversee campus hearings, especially when they involve sexual assaults, according to this article at Inside Higher Ed. Supporters of the this development argue that judges can serve as impartial and qualified parties to hear these complicated cases. Critics suggest that using judges will make campus hearings more like a courtroom, something the Department of Education has been careful to avoid, since campus hearings provide students an alternative to the legal system. “We’re not in a court, we’re in a hearing about a school’s code, and I think there is a value to not making it like a courtroom,” explained Laura Dunn, the founder and director of a victims’ advocacy group. Another sign of the “professionalization” of campus hearings, according to the article, is the greater role lawyers are playing. Several states have passed or are considering legislation that would allow lawyers to more fully participate in campus proceedings. Despite the push towards greater professionalization, uncertainty still surrounds these developments. Peter Lake, a law professor at Stetson University, told Inside Higher Ed, “I think people are experimenting with a variety of different models, and there are some who think that working with highly professionalized external adjudicators is the right pathway, especially in complex or high-profile cases. It’s uncharted territory. We’re essentially creating a college court system.”

Bystander Intervention and Cyberbullying

According to a recent study, several factors influence a bystander’s willingness to respond to an incident of cyberbullying in an online forum: the forum’s level of anonymity, the bystander’s relationship to the victim, and the number of people participating. Reported by Inside Higher Ed, the study found that the bigger the group, the greater the anonymity, and the more distant the relationships between the participants, the less likely someone would respond to cyberbullying. “Once online identity is disconnected from offline identity, it can sometimes lead to antisocial online communication,” Nicholas Brody, one of the study’s authors, told Inside Higher Ed. The greater anonymity of online courses reduces participants’ feelings of personal responsibility for intervening. “It comes down to friendship and closeness,” Brody told Inside Higher Ed. “People are going to help out their friends.” Brody suggests that professors who are worried about cyberbullying in their online classes could organize smaller group work and interactions outside of the classroom to encourage students to build relationships with each other. As schools continue to develop their online course offerings, it will be interesting to see how they address sexual violence prevention in these settings.

 

 

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5 Stories About Compliance That You Need to Know this Fall
Posted by On Thursday, August 28, 2014

We know you’re busy preparing your campus for the Fall semester or welcoming students to campus. Over the next few months, however, there are some important developments you should be following. Below is a handy overview.

The Campus SaVE Act Regulations

Yes, the Campus SaVE Act is already law, but the regulations are still being finalized and won’t be released until November.

Signed into law in March of 2013, the Campus SaVE Act amends the Clery Act. It includes three major provisions: it expands the crimes that schools must report in their Annual Security Report; it establishes what should be included in the school’s policies and procedures to address campus sexual assault; and, finally, it mandates extensive “primary prevention and awareness programs” — which include training for students and staff — regarding recovery, reporting, and preventing sexual misconduct and related offenses.

After a process of negotiated rulemaking, the Department of Education published the draft regulations for the SaVE Act in the Federal Register this June, collected public comments on the proposed regulations this summer, and will publish the final regulations by November 1st. The regulations will be effective by July 1, 2015. Though the final regulations have not been published, schools need to make a good faith effort to comply with the SaVE Act by October 1st this year.

Check out some of our past coverage of the SaVE Act.

The Campus Safety and Accountability Act (CASA)

Of the bills recently introduced into the Senate or House of Representatives, CASA has received the lion’s share of the attention. Senators Kirsten Gillibrand and Claire McCaskill are the most visible sponsors of the bill, but CASA enjoys strong bi-partisan support and includes prominent Republican co-sponsors such as Marco Rubio. The bill was developed by McCaskill and Gillibrand through a series of roundtables with victims, survivors, experts, advocates, and administrators. The senators also conducted a national survey of colleges and universities about how they responded to sexual misconduct on their campuses. Based on the findings of the survey and roundtables, the bill aims to curb campus sexual violence “by protecting and empowering students, and strengthening accountability and transparency for institutions.”

Specifically, the bill introduces fines for non-compliant institutions of up to 1% of their operating budgets and increases penalties for Clery Act violations from $35,000 to as much as $150,000 per violation. In terms of transparency, CASA would establish a government administered annual campus climate survey as well as a website run by the Department of Education with contact information for all Title IX coordinators and information on the Department of Education’s investigations, findings, and resolution agreements related to Title IX. Finally, the bill increases support and resources for victims and survivors through provisions detailing extensive training for staff, the creation of a new confidential advisor position at all higher-education institutions, and a required amnesty policy for students who reveal conduct violations (such as underage drinking) when reporting in good faith an incident of sexual violence.

For our past coverage, check out this list of our stories about CASA.

The Survivor Outreach and Support Campus Act (SOS Campus Act)

Introduced in the Senate by Barbara Boxer, and in the House by Susan Davis, the SOS Campus Act is fairly straightforward; it would require schools to “designate an independent advocate for campus sexual assault and prevention.” The Advocate would help victims and survivors connect with support resources like counseling or legal services and guide them through the reporting and adjudication processes. The bill emphasizes the independence of this new position, explaining that “the Advocate shall represent the interests of the student victim even when in conflict with the interests of the institution.”

Boxer recently wrote a letter to Janet Napolitano, president of the University of California, asking her to voluntarily adopt the provisions in the bill: “I am working hard to pass the SOS Campus Act in Congress, but our students cannot afford to wait another minute for that to happen.”

Hold Accountable and Lend Transparency on Campus Sexual Violence Act (HALT Act)

Introduced by Representatives Jackie Speier and Pat Meehan, the HALT Act — like CASA — would improve transparency around campus sexual assault and increase the sanctions for schools violating student’s Title IX civil rights.

The HALT Act would require public disclosure of resolution agreements and program reviews from Title IX investigations and create mandatory climate surveys (the first of which would have to be administered no later than April 1st, 2015). It would also create a Campus Sexual Violence Task Force that would, among other things, publish an annual report on these issues.

With the praise of some and the condemnation of others, the bill would also create much stronger sanctions for non-compliant schools. It gives the Office of Civil Rights the ability to levy fines, “the amount of which shall be determined by the gravity of the violation.” It also gives students a private right of action. In other words, students could sue schools directly without going through the Department of Education’s Office of Civil Rights.

New Training Materials

The White House’s Not Alone report promised a host of new training materials and information on best-practices for this fall. Below is a list of what we can expect:

  • This Fall — “the CDC, in collaboration with the Justice Department’s Office on Violence Against Women and the Department of Education, will convene a panel of experts to identify emerging, promising practices to prevent sexual assault on campus.”
  • September — “the Justice Department’s Center for Campus Public Safety will develop a training program for campus officials involved in investigating and adjudicating sexual assault cases.”
  • December — “the Department of Education, through the National Center on Safe and Supportive Learning Environments, will develop trauma-informed training materials for campus health center staff.”

We look forward to the release of these materials, which should prove valuable to schools trying to develop and improve their comprehensive awareness and prevention programs.

Even without the passage of any new legislation, new federal regulations, along with the recommendations and workshops, should provide schools with a strong set of requirements and best practices that will help them change campus culture to eliminate sexual violence.

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Free Poster on the Campus SaVE Act
Posted by On Wednesday, August 6, 2014

Campus SaVE Act Any effort to eliminate campus sexual violence must involve creating and fostering a campus environment where survivors feel comfortable and confident reporting an incident. Unfortunately, according to the Campus Sexual Assault Study, only 5% of campus sexual assaults were reported to the police or campus security. Many students said that they weren’t sure how to report, didn’t want anyone to find out, or were worried that their complaint wouldn’t be taken seriously.

To create a supportive environment, the first step is to educate students, staff, and faculty about these issues and their respective roles and responsibilities — a fact recognized by recent proposed legislation andthe Campus SaVE Act enacted in 2013. Both require schools to educate students and employees on recognizing, reporting, and preventing sexual violence.

This poster helps promote awareness about the Campus SaVE Act and outlines what faculty, staff, and students need to know to fulfill their role in helping to create a safe campus community.

Download the poster here.

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DCL: Good Faith Effort to Comply Required
Posted by On Tuesday, July 15, 2014

On Monday, July 14, 2014, the ED issued a Dear Colleague Letter because they “have received numerous inquiries from institutions asking us to clarify their responsibilities under the Clery Act, as amended by VAWA.” This guidance repeats ED statements from May 2013 with a bit more clarity: “until final regulations are published and effective, institutions must make a good-faith effort to comply with the statutory provisions as written.”

The ED’s guidance says good faith compliance with amendments to the Clery Act, which include the Campus SaVE Act, requires institutions to expand their policies to describe the procedures and programs that satisfy those new requirements. For example, the Campus SaVE Act requires each school to have a policy that describes the procedures that will be followed when a student reports a sexual assault incident and what standard of evidence will be used to decide an accused student’s responsibility for the assault.

Therefore, the ED will be looking for information in the policy statement submitted with a school’s October 2014 Annual Security Report that satisfies all of the requirements in the Campus SaVE Act, including a description of its prevention program.

(more…)

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Golden State Auditor Issues Report
Posted by On Tuesday, July 1, 2014
Golden State Auditor Issues Report

You Are Invited to Comment on Proposed Regulations
Posted by On Monday, June 23, 2014

On Friday, June 20th — nearly fifteen months after the Violence Against Women Reauthorization Act of 2013 was signed into law — the Department of Education published the proposed regulations to implement the Campus SaVE Act and other amendments to the Clery Act in the Federal Register. Comments are due in 30 days — on July 21, 2014 — and the regulations are expected to become final around November 1, 2014, with an estimated effective date of July 1, 2015.

While the ED points out the VAWA amendments to the Clery Act do “not affect in any way” Title IX compliance, it should also be noted that the proposed regulations are not entirely consistent with Title IX requirements. For example, the standard of evidence used in disciplinary proceedings involving sexual assault must be disclosed in an institution’s Annual Security Report but the regulations do not specify what that standard of proof should be. The ED points out, however, that schools “can comply with Title IX and the Clery Act by using a preponderance of evidence standard.” In other words, if you use another standard you’ll violate Title IX (see the ED Office for Civil Rights’ significant guidance document Questions and Answers on Title IX and Sexual Violence), but nothing in the proposed regulations says you have to use the preponderance of evidence standard.

Under the proposed regulations, descriptions of these procedural requirements for disciplinary proceedings will also need to be included in the ASRs due on October 1, 2014:

  • the different types of investigations and hearings used for dating violence, domestic violence, sexual assault, and stalking cases
  • the steps, timelines, and decision-making process for each type of proceeding
  • how the school decides which type of proceeding to use in a particular case

Again, the proposed regulations don’t spell out what these procedural requirements should be, but schools should look to the OCR’s Q&A for guidance on these issues.

The rulemaking committee also debated whether the whole list of possible sanctions for accused students and protective measures for complainants should be disclosed in the school’s ASR. The argument for transparency won so that schools would be required to disclose an “exhaustive list of sanctions” against students found responsible for misconduct. Whereas schools would only be required to disclose a range of protective measures that could be used to protect a victim’s confidentiality, which preserves the school’s flexibility to address safety issues.

While the rulemaking committee reached consensus on these proposed regulations, the ED is especially interested in hearing ideas on how to resolve questions about reporting Clery crime statistics in the ASR like these:

  • where does a stalking incident end and another stalking incident begin?
  • how do you report a continuing stalking incident that spans more than one year or occurs on more than one campus?
  • should information about incidents of Clery crimes include information about the relationship between the perpetrator and victim?

While the regulations are fairly comprehensive, the ED intends to provide “further clarification and guidance” on issues not addressed in the regulations, such as consent, and to help schools better understand these regulatory requirements.

If you want to have a voice in shaping the rules on any issue covered in the proposed regulations, submit your “constructive, information-rich” comments before 11:59 ET on Monday, July 21, 2014, following these “Tips for Submitting Effective Comments“:

  • comment on issues that are of most concern to your institution
  • cite expertise, experience, or data that supports your position
  • offer constructive criticism or support on a particular rule
  • suggest an alternative approach and explain why it would be more effective
  • offer examples of negative or positive results from the proposed rule
  • provide quantitative or qualitative data on the economic effects of the rules
  • address opposing points of view

Comments can be submitted online and are available for public viewing on Regulations.gov.

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What is Ongoing?
Posted by On Friday, May 23, 2014
Ongoing Training

White House Task Force Tells Victims “You’re Not Alone”
Posted by On Friday, May 2, 2014

This week the Obama administration took unprecedented steps to address the problem of campus sexual violence. The First Report from the White House Task Force to Protect Students From Sexual Assault, titled “Not Alone,” echoes President Obama’s message to victims and survivors:

Perhaps most important, we need to keep saying to anyone out there who has ever been assaulted: you are not alone. We have your back. I’ve got your back.

On the same day the Task Force report came out, the Department of Education’s Office of Civil Rights issued a new set of guidelines for Title IX compliance. This week the OCR also released a list of 55 schools that are currently under investigation by the OCR for possible Title IX violations. This sends a strong message to colleges and universities across the country to make their compliance efforts a top priority.

This post will focus on the White House Task Force report. Besides acknowledging areas that require research and further study to determine what works, the Task Force report recommends the following best practices for schools to focus on:

  • Campus Climate Surveys: Developing a comprehensive prevention program is an ongoing process. To determine the unique needs of each campus and to measure a particular program’s success, schools need to gather data on the incidence of sexual assault occurring on their campuses and assess the campus climate among students, faculty, staff, and administrators. The Task Force recommends that schools administer an annual survey in the winter or spring to gather this information and provides guidelines for conducting the surveys. In 2016, the administration will explore legislative or administrative mandates requiring schools to conduct annual campus climate surveys.
  • Prevention programs: Given that evidence on effective campus sexual assault prevention methods is limited, the Centers for Disease Control will solicit research proposals in 2015 to inform sexual violence prevention efforts. Until then, the best practice is for campuses to provide continuing and universal prevention education for all students. Specific training requirements are found in the Campus SaVE Act education program requirements and the OCR’s “Questions and Answers on Title IX and Sexual Violence.”
  • Employee Training: The Task Force emphasizes that the first person a victim talks to should be able to provide a victim with information about available resources and services, how to access confidential support, and how to navigate the school’s disciplinary process. Identifying victim advocates who can provide confidential emergency and ongoing support for victims and survivors is deemed a “key best practice.”
  • Reporting and Confidentiality Policies: The Task Force acknowledges that responding to reports of sexual assault while maintaining a victim’s request for confidentiality is a difficult balancing act. However, it is critical that victims get the support they need and schools adequately respond to the situation. The purpose of the report’s suggested policy language is to make students aware of their options for reporting or making confidential disclosures of sexual violence. The Task Force also promises to provide additional sample language on “several challenging areas” by September 2014.
  • Sexual Misconduct Policies: While a school’s sexual misconduct policies must reflect “the unique aspects of the institution and its student body,” the Task Force provides a checklist of important considerations when drafting policies that effectively address prevention, reporting, and responding to sexual misconduct.

Key elements of the Task Force’s recommended victim-services plan are to either provide comprehensive trauma-informed services on campus or partner with community-based organizations to make crisis intervention services available 24 hours a day. In addition, when reports involve criminal investigations there needs to be communication, cooperation, and coordination among campus security, local law enforcement, and victim support groups to make investigations and adjudications more efficient while supporting the victim’s recovery.

Some schools are experimenting with new ideas for investigating and adjudicating sexual assault cases. The Justice Department’s Office on Violence Against Women will begin assessing different models and identifying promising practices in October 2014. Holding offenders accountable is another area where research is “desperately lacking.” The DOJ is now seeking grant applications under its Campus Assault Perpetrator Treatment Pilot Project to gather information on current campus sanctions for sexual assault perpetrators, and to develop and test sexual offender treatment programs.

Finally, the report announces a new website — www.notalone.gov — which provides data and resources for schools, victims, and survivors. For victims and survivors, the website explains how to file a complaint with the OCR and the DOJ against schools for Title IX violations. For schools, the website explains the reporting requirements of the Clery Act and Title IX in sexual assault cases, and how FERPA applies to those obligations. There is also a school-by-school enforcement map, providing links to resolution agreements and court filings addressing Title IX and Clery Act compliance investigations.

If that wasn’t enough information to process, in future posts we’ll help you understand the OCR’s new guidelines and how to put together a prevention program that addresses both the requirements of the Task Force’s best practices and the OCR’s guidelines.

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