Reporting Requirements Under Title IX and The Clery Act

Title ix

Title IX Title IX of the Education Amendments of 1972 states: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.”

“TITLE IX” INCLUDES: Intercollegiate, club, and intramural athletics Pregnant and parenting students and employees Sexual harassment, domestic and dating violence, and stalking that occur on or off campus Sexual assaults that occur on or off campus

Title IX Requirement (for sexual harassment or other sexual misconduct) Colleges must take immediate and appropriate action to investigate or determine what occurred when the college knows or reasonably should know of possible sex discrimination. Then: take prompt and effective steps to end the misconduct eliminate the hostile environment prevent its recurrence remedy its effects, if necessary. If discrimination has occurred, the school must take steps to end it and to address its effects.

When does a college know about possible sex discrimination?

Notice The college is “on notice” and “knows” about possible sex discrimination when a Responsible Employee knows or should know about the possible sex discrimination, including sexual harassment.

That’s Where You Come In. Responsible Employees play an important role in ensuring compliance with federal and state law.

Who Are Responsible Employees? A Responsible Employee is an employee: 1) who has the authority to take action to redress violations 2) who has been designated for purposes of initiating notice and investigation of alleged violations or 3) who a student reasonably believes is a Responsible Employee.

Responsible Employees Must Report Alleged Incidents of Sexual Misconduct to TIX Coordinator Both Title IX and Virginia law require Responsible Employees to report alleged incidents of sexual misconduct, but Virginia law only governs physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent (sexual violence). REMEMBER: The college is “on notice” when a Responsible Employee knows or should know about possible sex discrimination, not when the Title IX Coordinator knows. Notice can be direct or indirect. If in doubt, report it to the Title IX Coordinator. Your Title IX Coordinator will know what to do.

Responsible Employees If someone begins to report an incident of sexual misconduct or interpersonal violence: Inform the person that you cannot maintain confidentiality and that you must forward the report to the Title IX Coordinator. Tell the person that he or she can discuss confidentiality with the Title IX Coordinator. Provide information on available resources, or direct the person to where it may be located. When appropriate, address the immediate needs of the individual.

Which Responsible Employees are Exempt from Reporting? Under Virginia law, employees who obtain information that is considered privileged under state or federal law. Employees who obtain the information in the course of providing services as: Professional counselors (Title IX & Va. Law) Clergy (Title IX & Va. Law) Licensed health care professionals (Va. law) Administrative support staff for licensed health care professionals (Va. law) Accredited rape crisis or domestic violence counselors (Va. law) Campus victim support personnel (Va. law) Attorneys (Va. law)

What if I’m Concerned about Confidentiality? Management may allow a few employees to report alleged incidents of sexual misconduct without identifying the complainant, but the college’s ability to take action will be limited (to addressing the complainant’s needs).

Academic Counselors and employees in similar positions are not exempt from reporting.

What to Report? Get basic information, but do not investigate. Names of parties and witnesses Date, time, location of incident Nature of the incident (what happened and how?) A complaint form is available on The Buzz.

The failure to report when required can result in continued misconduct and an OCR investigation that may result in a Title IX violation.

Clery Act

Clery Act The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act is a federal law named for a student who was murdered in her dorm room.

Clery Act Crimes Murder/Manslaughter Sex Offenses, including rape, fondling, incest, and statutory rape Robbery Aggravated Assault Burglary Motor Vehicle Theft Arson Dating Violence/Domestic Violence Stalking Drug and Alcohol Violations Weapons Violations Hate Crimes

Clery Act Requirement The Clery Act requires all institutions that participate in federal financial aid programs to report campus crime statistics for the three most recent calendar years and other security information in an Annual Security Report (“ASR”). Campus Security Authorities (CSAs) are used to collect crime statistics. So, it’s important for CSAs to report Clery Act crimes to ensure that the ASR is accurate.

Like Responsible Employees, CSAs play an important role in campus safety and compliance.

Who are Campus Security Authorities (CSAs)? CSAs are employees who must report Clery Act crimes. These employees include: 1) Campus police and security Any individual or individuals responsible for campus security but are not campus police or campus security, e.g., parking deck staff 3) Anyone designated a CSA 4) Officials with significant responsibility for student and campus activities, e.g., deans of students, faculty advisors of student organizations, coaches, etc.

Who are not Campus Security Authorities (CSAs)? Faculty members who do not have any responsibility for students and campus activities beyond the classroom. Clerical or service staff (cafeteria, maintenance, etc.)

Professional and Pastoral Counselors are exempt from reporting Clery Act crimes if they obtain the information while providing mental health services.

Academic Counselors are not exempt. Domestic violence and rape crisis counselors and other victim support personnel also are not exempt from reporting Clery Act crimes.

No one should be exempt under the Clery Act. VCCS Policy states that the colleges do not provide mental health services.

Anonymous Reporting The Clery Act allows CSAs to report Clery Act crimes without identifying the alleged victim.

What to Report? Date of Alleged Crime Location Alleged Crime(s) On-Campus Non-Campus (college owned, leased, or controlled off-campus property) Public Property (within or immediately adjacent to on-campus property) Alleged Crime(s) Number of Alleged Victims Brief Description of Alleged Crime CSA (your) contact information

Clery Act Fines Each Clery Act violation carries a maximum fine of $53,907.

Title IX Reporting vs. Clery Act Reporting Title IX: Acts & People Clery Act: Numbers & Geography Responsible Employees must report all alleged acts of sexual misconduct, dating violence, domestic violence, and stalking against students and employees whether or not the alleged act occurred on or off campus. CSAs must report all Clery Act crimes that occur on college property or on property owned or controlled by the college, or public property that is adjacent to college property.

Intersection between Title IX, Va. Law, and the Clery Act Homicide Robbery Aggravated Assault Burglary Motor Vehicle Theft Arson Hate Crimes   Clery Act   CSA

Questions?