STUDENT SEXUAL MISCONDUCT: ADDRESSING INSTITUTIONAL CULTURE AND COMPLIANCE NACUA FEBRUARY 2014 CLE WORKSHOP FRIDAY, FEBRUARY 28 – SATURDAY, MARCH 1 HILTON DOWNTOWN MIAMI, FL Navigating competing interests when ocr comes to town Lucy France, General Legal Counsel, University of Montana Gloria Hage, General Counsel, Eastern Michigan University

When OCR Comes to Town OCR Case Processing Manual ocr/docs/ocrcpm.html#III_4

When OCR Comes to Town Trends in Resolution Agreements Prevention  Education  Training

When OCR Comes to Town Trends in Resolution Agreements Education New Students Alcohol Awareness Consent Bystander

When OCR Comes to Town Trends in Resolution Agreements Education Current Students, Faculty and Staff  Mandatory Training  Student-Athlete Meetings  Established Student Groups Awareness  Multi-Media Approach

When OCR Comes to Town Trends in Resolution Agreements Awareness, Multi-Media  All Campus , containing links to all resources.  Social Media  Post Cards  Pamphlets  Forum  Video  Animated Posters

When OCR Comes to Town Trends in Resolution Agreements Education and Awareness About what?

When OCR Comes to Town Trends in Resolution Agreements Content  Definitions  Title IX Coordinators  Reporting  Grievance Procedures  Other Available Resources

When OCR Comes to Town Trends in Resolution Agreements Complaint Handling Grievance Procedures Complaint Handlers Judicial Boards Coordination with Law Enforcement

When OCR Comes to Town Trends in Resolution Agreements How are we doing -- What works and what doesn’t?  Focus Groups  Surveys  Forum  Complaint Reviews  Feedback from victims

When OCR Comes to Town Trends in Resolution Agreements What Will We Do About it?  Identify Gaps  Respond with Transparency

When OCR Comes to Town Grievance Procedures Dear Colleague Letter Requirements: – Prompt, fair and impartial investigation – Preponderance of the evidence standard – Equal opportunity to present witnesses and other evidence – Strong discouragement of cross-examination by parties – Appeal options same for both parties – Maintain documentation of all proceedings – Title IX training or experience – Reasonably prompt time frames (typically 60 days for investigation) – Notice to both parties of the outcome

When OCR Comes to Town Grievance Procedures Student Conduct Code OR Title IX Model OCR Strong Preference for Title IX Model

When OCR Comes to Town First Amendment Considerations

When OCR Comes to Town Challenges From the Accused Theories  Title IX  Breach of Contract  Breach of Covenant of Good Faith and Fair Dealing  Estoppel  Negligent/Intentional Infliction of Emotional Distress  Negligence  Libel

When OCR Comes to Town Is There Room For Movement? Sure. Yes. Do it.

When OCR Comes to Town How To Achieve Compliance On a Limited Budget le-nine/