Responsibility, Control, and Sexual Assault: The Clery Act’s Legacy Stephanie Hurley, Marshall University MACUHO Annual Conference 2012.

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Presentation transcript:

Responsibility, Control, and Sexual Assault: The Clery Act’s Legacy Stephanie Hurley, Marshall University MACUHO Annual Conference 2012

Intentions Explain Clery Act legislation and university responsibility. Discuss legal issues associated with Clery Act. Explore housing specific concerns when responding to sexual assault. Discuss RA responsibilities and training. Explore the relationship between victim rights and the control of damaging information.

The Clery Act Jeanne Clery was raped and murdered in her residence hall in Litigation following resulted in the Crime Awareness and Campus Security Act, known as the Clery Act. Institutions who receive federal funding are required to collect and publish campus crime information. In effect for all crimes, even if they are not legally pursued.

Protections Students (and parents) have the right to have a clear picture of the crimes that occur on campus when selecting institutions for study. Colleges and universities are responsible for informing students, and the public, about the crimes committed on their campus.

Limitations Crimes are reported with or without victim permission. Accuracy is a concern as there is a limited “audit” system to hold institutions accountable for reporting crimes.

Mandates Collect, classify, and count crime statistics. Issue campus alerts. Publish an annual security report. Submit crime statistics to Department of Education. Keep a daily crime log (if campus police or security) Institutions with housing must also: Disclose missing student information Disclose fire safety information (fire log)

The Clery Act and Sexual Assault Center for Disease Control and Prevention reports that 20-25% of all college aged women are victims of sexual assault. Victims of sexual assault often feel a loss of control. The Clery Act requires reporting of their victimization, regardless of their choice to prosecute.

Reports Marshall University and 17 peer institutions Approximately 11,000 students each 53% are women (5830) 20-25% are sexually assaulted during college ( ) 4 years in an average student career ( ) multiplied by the number of institutions ( )

Responsibility and Control Institutions have a responsibility to report these numbers, but can control what assaults get reported. Staff have a responsibility to report these numbers and control over reporting them even if the victims do not want to pursue a complaint. Taking control away from victims may harm their ability to cope and heal and may lead to victims holding themselves responsible for their attacks. Students have control to choose other locations for their education if the numbers are too high. Reporting low numbers makes it easier for the public to see incidents as isolated and individual rather than pervasive and structural.

Implications for Housing We are often the first respondents. Sometimes, these incidents take place in our halls. RAs are often our informants. Documentation is king. Timing is significant. Partnerships with other campus offices are important. What are your policies?

Victim Rights When is it appropriate to report sexual assault? Empower victims and discuss responsibility and control. Am I just another statistic? Title IX responsibilities exist as well.

Many, many thanks! What questions, comments, or thoughts do you have?