The Compliance Alphabet Soup: What does it all mean? CLERYFERPATITLEIX The Compliance Alphabet Soup: What does it all mean? Laura Ann Forest Kelley Taylor Susan McCallister February 23, 2018

How much training have you received on the Clery act? None Less than 1 hour 1-4 hours More than 4 hours

How much training have you received on Title IX? None Less than 1 hour 1-4 hours More than 4 hours

How much training have you received on FERPA? None Less than 1 hour 1-4 hours More than 4 hours

Responsible Employees and Campus Security Authorities (CSAs) are the same thing. True False

Audience Question #4 - Answer FALSE: Responsible Employee is a term used by Title IX and refers to employees who have mandatory reporting obligations under the law. Campus Security Authority (CSA) is a term used by the Clery Act and refers to individuals who have a responsibility to report crimes to the institution for inclusion in statistics.

Faculty members who have no responsibilities outside the classroom must report: All crimes on university owned property All crimes regardless of location Sexual misconduct regardless of location A and C None of the above

Audience Question #5 - Answer C: Faculty members with no responsibilities outside of the classroom are Responsible Employees and must report sexual misconduct. If a faculty member is an advisor to a student organization or has other significant responsibility for campus activities, then they are also a Campus Security Authority and must report all crimes occurring on university owned or controlled property.

Anonymous reports can be made to Responsible Employees. True False

Audience Question #6 - Answer FALSE: Responsible Employees must report all information they have about an incident, including identities of those involved, to the Title IX Coordinator. There are limited exceptions, including incidents disclosed in class assignments or research.

Student conduct records are considered education records and are protected by FERPA. True False

Audience Question #7 - Answer TRUE: Disciplinary records are considered education records and are generally protected from disclosure by FERPA, with limited exceptions. These include, but are not limited to, health and safety emergencies and disclosure in connection with a disciplinary proceeding for a crime of violence or sexual assault.

Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 1990 (Clery Act)

Clery Basics Consumer disclosure law Disclosure of: Intended to help current and prospective students and employees make informed decisions Disclosure of: Campus safety, security (and fire safety) policies Crime (and fire) statistics Emergency notification and procedures Sexual assault, domestic/dating violence, and stalking programs

Program Participation Agreement Required of all institutions who receive federal financial aid Must certify compliance with Clery Act and Drug- Free Schools and Communities Act (DFSCA) Administrative capability assessed by: Adequate and appropriately trained staff Policies and procedures on how you will comply Responsibilities distributed across institution Signed by president of institution

Clery Crimes Concepts Clery Crimes include crimes that are: Alleged Attempted in any way Completed Crime definitions don’t match state codes Included in statistics if: Clery Crime On Clery Geography AND Reported to Campus Security Authority

Campus Security Authorities Campus security/police Others responsible for security, including access monitors Those designated as someone to whom individuals should report crimes Title IX Coordinator Anyone else with significant responsibility for student and campus activities

Clery Geography Recent Guidance Institution-associated entities Foundation, holding company, subsidiary, alumni association, booster club, etc. Reasonably contiguous “One mile guidance” Short stay “away” trips More than one night Repeated use Used at least once per year Mobile classrooms/research

Clery Act – By the Numbers @ AU Crimes Over 1,500 crime reports and 400 referrals processed annually Must be added to crime log within 2 business days Statistics requests to ~700 agencies for 2017 Geography Over 600 student organizations with frequent events Over 800 study abroad programs Athletic team travel Academic programs

Clery Act – By the Numbers @ AU CSAs Over 1,100 faculty, staff and volunteers Contract employees – security, police Separate Campuses 11 identified in 2015 Constantly evaluating for additional Must independently comply with all Clery requirements

Clery Act – Possible Changes Report and Educate About Campus Hazing (REACH) Act Statistics – hazing incidents, arrests, referrals Hazing education program Campus Accountability & Safety Act (CASA) Statistics – number of sex offenses reported to TIX Coordinator & dispositions Biannual campus climate survey & results Both or portions of both may be included in HEA Reauthorization

Clery vs. Title IX Topic Clery Title IX Required Reporting Campus Security Authorities must report crimes. Responsible employees must report all forms of sexual harassment. Geography Properties owned or controlled by university or student organizations and used by students. No limits. Confidentiality PII must be protected and only shared in very limited circumstances. PII must be shared with Title IX Coordinator if known, in order to conduct an investigation. Report To Campus police or security Title IX Coordinator

Title IX

Title IX Basics Sex non-discrimination statute passed in 1972 Applies to all institutions receiving federal funds Originally concerned primarily with access to educational and extracurricular programs where women were historically excluded Evolution through Department of Education (ED) guidance documents and court cases 2001- Defined Responsible Employee - any employee who has the authority to take action to redress sexual harassment; who has been given the duty of reporting incidents of sexual harassment to the Title IX Coordinator or designee; or whom a student could reasonably believe has the authority or duty to take action to redress sexual harassment

Title IX Game Changer 4/4/11 “Dear Colleague Letter” (DCL) from ED to schools/colleges/universities Concerned particularly with student on student sexual violence Directive to Educators: End the Harassment, Address Its Effects, Prevent its Recurrence Defined a school’s independent responsibility to investigate and address sexual violence, regardless of status of a criminal investigation Required steps be taken to protect the complainant as necessary, including interim steps prior to investigation outcome

Title IX Game Changer 4/4/11 “Dear Colleague Letter” from ED to schools Required a school to have a designated TIX Coordinator, publish a policy against sex discrimination, and adopt and publish grievance procedures Required schools to use the “preponderance of the evidence” standard to resolve complaints of sex discrimination/sexual violence Required schools to allow both parties in a sex discrimination/sexual violence case to present evidence/witnesses Required schools to notify both parties concurrently of case outcome

Title IX – Post April 2011 Complaints of all forms of sexual violence have risen dramatically at most universities At AU, approximately 400% increase in five years Detailed policies and procedures are the “new normal” at most schools Increased staffing/deputies to conduct investigations Large numbers of Title IX compliance investigations opened by Department of Education

Title IX – 2017 Interim Guidance 9/22/17 - New administration issues new Dear Colleague Letter New letter withdraws policy statements and guidance reflected in OCR’s Dear Colleague Letter on Sexual Violence (April 4, 2011), and Questions and Answers on Title IX and Sexual Violence (April 29, 2014) Q&A on Campus Sexual Misconduct provides information about how OCR will assess a school’s compliance with Title IX while it engages in rulemaking on this topic

FERPA

FERPA – Quick & Dirty FERPA gives students four basic rights with respect to their education record: The right to control disclosure of their education record The right to review their education record The right to request amendment of inaccurate or misleading portions of their education record The right to file a complaint regarding non-compliance of FERPA with the Family Policy Compliance Office of the U.S. Department of Education

FERPA – Directory Information Directory information is information contained in a student's education record that would not generally be considered harmful or an invasion of privacy if disclosed. FERPA requires each institution to define its directory items. Name Address (local, permanent, and electronic mail) Telephone numbers Class level (semester classification or level: first-year, sophomore, junior, etc.) Major Student activities Weight/height (athletic teams) Date(s) of attendance Enrollment status (full-time, part-time or not enrolled) Date of graduation Degrees and awards received and where received Most recent educational institution attended A student's directory information may be released to an inquirer, outside the University, unless the student specifically requests that directory information be withheld. FERPA does not require that directory information be released It is at the discretion of the institution

FERPA – What Records are Protected? Education records are defined as records, files, documents, and other materials that contain information directly related to a student and are maintained by the University or by a person acting for the University. Education records take many forms, including paper and electronic. Education records include: Grades Class lists Student course schedules Disciplinary records Student financial records Payroll records for employees who are employed as a direct result of their status as students (e.g. work study, assistantships, resident assistants)

FERPA – What Records are NOT Protected? The following records are excluded from the definition of education records: "Sole possession" records made by faculty and staff for their own use as reference or memory aids and not shared with others Personal observations University law enforcement records Medical and mental health records used only for the treatment of the student Alumni records

Case Study

Immediate Considerations In small groups, discuss the following: Are you able to maintain confidentiality? What immediate actions could you take to support the student?

Confidentiality – Title IX Responsible Employees must report all information they have about an incident to the Title IX Coordinator Includes identities of those involved Limited exceptions, including incidents disclosed in class assignments or research

Confidentiality – Clery Institutions must maintain confidentiality of victims of: Sexual assault Domestic/dating violence Stalking Victim does not have to request Only information necessary to provide accommodations or protective measures may be shared

Immediate Actions/Support Help the student feel safe and develop a safety plan Advise the student of resources Victim advocacy groups (check with your institution about 24/7 services available) Sexual Assault Support & Help for Americans Abroad www.sashaa.org Advise the student of reporting options Title IX Local law enforcement

Reporting In small groups, discuss the following: Who is considered a Campus Security Authority for this program? Who is considered a Responsible Employee? To whom do you need to report the incident? Does the location of the assault make a difference? What information do you need in order to properly report?

CSAs/Responsible Employees Campus Security Authorities Site leader Trip advisor Responsible Employees

Reporting Requirements Clery Bus is chartered by university, so university is in control of space Must report to office designated by your institution to receive crime report information For crime log, statistics, and possible timely warning Title IX Sexual violence involving university affiliates Must report to Title IX Coordinator regardless of location For investigation, accommodations/protective measures, and possible disciplinary action

Information Needed Clery Title IX Date, time, location Details about nature of incident so it can be properly classified Whether there is an ongoing threat NAMES NOT NEEDED Title IX All details known about incident Include names

Information Sharing In small groups, discuss the following: What information can be shared with the survivor’s parents? Does the university have an obligation to send out a timely warning about the crime that was reported?

Sharing Information with Parents Clery Requires institutions to keep PII and accommodations/protective measures confidential FERPA Disciplinary records are considered education records and are generally protected with limited exceptions Health and safety emergencies Disclosure in connection with a disciplinary proceeding for a crime of violence or sexual assault Other

Timely Warning Office responsible for timely warnings will assess whether ongoing threat Important considerations: Prior arrests or history of violence Level of violence involved Threats to commit violence Use of alcohol or drugs to facilitate act Incapacitation of victim Indications of a pattern Aggravating circumstances or signs of predatory behavior

Questions?