1. Leslie Taylor July, 2013

2.  Annual Security Report [ASR] required by October 1 annually  Must be provided to each student and employee by: ◦ Personal email or ◦ Mailing  Notification may Link to detail, but notice must go individually to students and employees and must provide a SUMMARY statement

3.  On-line ASR includes required policies (E.g., Drug and Alcohol Policy, Sexual Misconduct Policy, Timely Warning and Emergency Notification Policy, Missing Student Policy)  Email to all students and employees with a summary of the ASR  Update each year (primarily crime stats)

4.  Statistics from previous calendar year from Clery reporters as identified by the univeristy.  After VAWA, 2014 ASR must include new categories (National Origin, Gender Identity) for Hate Crimes – crimes motivated by bias  and 3 new categories of crimes/incidents ◦ DOMESTIC VIOLENCE ◦ DATING VIOLENCE ◦ STALKING http://www2.montana.edu/policy/security_repo rt/crime_report.html

5.  Dating violence – violence committed by a person-  A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and  B) where the existence of such a relationship shall be determined based on a consideration of (i) length of relationship; (ii) type of relationship;(iii) frequency of interaction between the parties

6.  Domestic violence – includes felony or misdemeanor crimes of violence by a current or former spouse, person with whom victim shares a child, person cohabitating or who has cohabitated with victim as spouse, by a person similarly situated under domestic or family violence laws of jurisdiction.  Montana laws have slight variations on this definition. Check with Legal Counsel

7.  Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his/her safety, or suffer substantial emotional distress.

8.  Statute says first ASR one calendar year from enactment – October 2014  Dept. of Education will develop regulations  Dept. issued guidance that we should make good faith effort to comply for calendar year 2013  Recommendation – if report comes in meeting definitions, count it for Clery

9.  Timely Warnings and Emergency Notification http://www2.montana.edu/policy/security_re port/notification.html http://www2.montana.edu/policy/security_re port/notification.html  Clery Statistics Policy, Section 700-800: http://www2.montana.edu/policy/security_re port/crime_report.html#700.00 http://www2.montana.edu/policy/security_re port/crime_report.html#700.00  Titles of all Clery required reporters http://www2.montana.edu/policy/security_re port/crime_report.html#700.00 http://www2.montana.edu/policy/security_re port/crime_report.html#700.00

10.  General Facility Security  Residence Halls  Security procedures for facility maintenance http://www2.montana.edu/policy/security_repo rt/crime_report.html#400.00

11.  Law enforcement authority—relationship of campus security and local police http://www2.montana.edu/policy/security_re port/crime_report.html#100.00 http://www2.montana.edu/policy/security_re port/crime_report.html#100.00  Description of policies encouraging reporting crimes to police http://www2.montana.edu/policy/security_re port/crime_report.html#200.00 http://www2.montana.edu/policy/security_re port/crime_report.html#200.00  Procedures encouraging counselors to inform victims of crime reporting on a voluntary, confidential basis

12.  Students and Employees  Campus Security Procedures  Responsibility for own security and others  Sections 500 and 600 http://www2.montana.edu/policy/security_repo rt/crime_report.html#500.00

13.  Inform Students and Employees  Crime Prevention techniques http://www2.montana.edu/policy/security_re port/crime_report.html#500.00 http://www2.montana.edu/policy/security_re port/crime_report.html#500.00

14.  POLICY of Monitoring and Recording THROUGH LOCAL POLICE  Criminal Activities of Students in OFF- CAMPUS locations of OFFICIALLY recognized student organizations

15.  Policy requirements are found in Higher Education Act Section 120 (a) thru (d) including description of: ◦ Standards of conduct ◦ Rules Concerning Possession and Use of Alcohol and Drugs on Campus ◦ Treatment Options for student and employees ◦ Health Risks ◦ Legal and disciplinary consequences/sanctions ◦ Required Biennial Review  http://www2.montana.edu/policy/security_re port/crime_report.html#500.00 http://www2.montana.edu/policy/security_re port/crime_report.html#500.00

16.  Description of Education and Preventions Programs for students and employees Health risks http://www2.montana.edu/policy/security_report/al cohol_drug_policies.html#600.00

17. POLICY TO PREVENT DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING

18.  Prevention and awareness education programs for new students including: ◦ Prohibition of conduct ◦ Legal Definition of prohibited conduct ◦ Legal Definition of consent ◦ Bystander conduct to promote safety and positive options ◦ Risk reduction and warning signs  Ongoing Prevention and Awareness Campaign for Students and Faculty

19.  Description of ◦ Potential sanctions for misconduct ◦ Potential preventative measures following disciplinary procedures

20.  In Writing: ◦ Importance of evidence preservation ◦ Who and where to report ◦ Reporting Options available: Notify Police; Receive Assistance in Notifying Police; Decline to notify police ◦ Victims rights to and information about protective and restraining orders, etc.

21.  Must include ◦ Prompt, fair, and impartial investigation ◦ By officials receiving annual training ◦ Simultaneous written notification to both accused and accused of:  Outcome of disciplinary proceeding  Procedure for appeal  Any change in result prior to final  When results are final

22.  How confidentiality of victims will be protected despite: ◦ Public records requirements

23.  Counseling  Victim advocacy  Legal Assistance  Other

24.  Regardless of whether victim reports to police: ◦ Notification of available assistance in changing situations including:  Academic  Living  Transportation  Working

25.  Policy to respond to reports of missing students  Students given option to identify emergency contact if the student goes missing  Reporting Process  Procedures to investigate, notify law enforcement and emergency contact  http://www2.montana.edu/policy/security_re port/missing_student.html http://www2.montana.edu/policy/security_re port/missing_student.html

26.  Can be in ASR or Stand Alone  Requires: Fire Safety Policies, Fire Statistics, Fire Log, Fire Safety System, Fire Drills, Fire Evacuation procedures, Fire Safety Education and Training, and Fire Safety Improvement Plans  http://www2.montana.edu/policy/security_re port/fire_safety.html http://www2.montana.edu/policy/security_re port/fire_safety.html

27.  VAWA – requires institutions to public standard of evidence  Publish information about avialbility of confidentiality  Prohibits institutional retaliation  DCL – must use “preponderance of evidence” in sex discrimination cases  Respect requests for confidentiality to extent possible  Requires institution to respond to retaliation

28.  Victims of domestic violence, dating violence & stalking are treated like sex discrimination cases Written notice, notification of options, notification of services and resources Recommendation: Prepare written notices for each situation that can be handed out

29.  Deficiencies in definition of sexual harassment – ◦ multiple websites/policies with different definitions ◦ Sexual harassment v. hostile environment ◦ Verbal harassment  Deficiencies in advising complainants how and where to report  Deficiencies in grievance procedures ◦ Student conduct code v. discrimination grievances ◦ Parties don’t have equal rights – notification, access, review and presentation of evidence, appeal ◦ Timeframes – not prompt  Interim disciplinary measures  Training – even those not required to report by law