1. Educational Advocacy for Survivors of Gender-Based Violence
Christine Evans, Legal Director
Chicago Alliance Against Sexual Exploitation
© 2017, Not to be used without permission of author.

2. CAASE addresses the culture, institutions, and individuals that perpetrate, profit from, or support sexual exploitation. 
Our work includes:
* Legal Services
* Prevention and Community Engagement
* Policy and Advocacy Reform

3. Legal Services
GOAL: Ensure that every survivor of sexual violence in Chicago have meaningful access to a lawyer
Victims’ Rights Representation in Criminal Justice System
Protective Orders & Civil Litigation
Employment & Education Advocacy
Representation under Justice for Victims of Sex Trafficking Crimes Act

4. Overview Laws on Gender-Based Violence in Schools
Federal Law
Title IX
Clery Act
Illinois Law
Advocating for Survivors
Helping Clients Report
Interim Measures & Accommodations
Defamation & Privacy

5. Sexual Violence: On Campus
1 in 6 women and 1 in 33 men are sexually assaulted during their time in college.
13% of completed rapes happen on dates
1 in 3 sexual assaults happen off-campus

6. Why Schools? Access to education = Fundamental civil right
Gender-Based Violence = Obstacle to right to education
If school takes government funding, required to address discrimination under US and state laws & Constitutions

7. Federal Law: Title IX
Title IX of the Educational Amendments of “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”
Also:
Court cases
Rules & Regulations
Dear Colleague Letters
How many people played sports in high school / college?
Why Schools?
Access to education = Fundamental civil right
Sexual Violence = Obstacle to right to education
If school takes federal funding (ANY GRADE), required to address discrimination under US law & Constitution

8. When is Title IX Triggered?
Victim:
Employee, Student, or Certain Third Parties (visitors to Campus, contracted services, etc.)
Male or Female
Perpetrator:
Employee, Student, or Certain Third Parties
Location:
On-campus or school property = Title IX
Off-campus: School must determine whether occurred in context of educational program or activity OR whether creates a “hostile environment” for campus

9. What Does Title IX Require?
School has a duty to respond where it knows or reasonably should know of an incident of sexual misconduct to (1) prevent recurrence & (2) remedy its discriminatory effects.
Must determine whether misconduct is so severe, persistent, or pervasive as to create a “hostile environment.”
Must designate at least one employee as a Title IX Coordinator.
Published grievance procedures

10. Federal Law: Clery Act What does it require?
Primarily promotes transparency through reporting requirements for schools
Prompt & quitable disciplinary proceedings
Published victim’s rights and college responsibilities
Certain accommodations even if student does not formally report

11. Illinois Law
Preventing Sexual Violence in Higher Education Act (P.A )
Requirements as of 8/1/2016:
Comprehensive Policy
Consent Defined
Amnesty Provisions
Reporting Options (electronic, confidential, & anonymous)
Third-party & Bystander Reporting
Annual Training for Everyone
Fair and balanced resolution process & appeal
Annual Reporting by Schools to AG’s Office
School must respond to any report within 12 hours
Must be notified of outcome within 7 days
Reporting begins November 1, 2017.

12. Confidential Advisors
Confidential and Privileged
May only disclose communications under subpoena and to a judge – NOT to the school.
CANNOT be a “responsible employee” under Title IX
If CA is a rape crisis advocate/counselor, absolute privilege still applies!
Provides information on survivor’s rights and options for reporting and assistance
Must complete 40-hour sexual violence training + six hours of continuing education each year
If you or your RCC has been contracted to act as CAs, you must be know the options available for the student through the school.
If the CA does not have authority to secure accommodations/interim measures, s/he should advise the student in advance if getting these measures will require additional disclosure that is not confidential or protected by a privilege.
Title IX and Clery Act both advise schools that they cannot require student to engage with disciplinary process if they don’t want to/

13. Changes to Reporting

14. Helping Client Report Choose person to report to:
Confidential Advisor (IL law)
Responsible Employee or Title IX Coordinator (Title IX)
Social Media / Privacy Settings
Encourage client to report DV, Dating Violence, and/or Stalking, not only sexual assault

15. Meeting Survivors’ Needs
To protect educational access, survivor may need & interim assistance that can include:
Academic Accommodations
Housing Accommodations
Employment Accommodations
Counseling & Support Services
No Contact Directives
Under new Title IX guidance, these accommodations cannot favor the survivor over the respondent.
IL law requires that these options be set out in the policy.

16. Disciplinary Procedures
Time Line:
“Reasonably prompt” (Title IX)
“A timely manner” (IL law)
Investigation must be completed by “trained investigator” (Title IX)
Informal resolution may be allowed (Title IX)
Hearing is not required
Standard of proof:
“Preponderance of the evidence” (IL Law)
“Clear & convincing evidence” (Title IX)

17. Disciplinary Procedures
Rights of the Parties during Hearing:
Equal opportunity to present evidence & witnesses
Cross-examination may (Title IX) or may not (IL) be allowed
Have an advisor present
Right to testify outside presence of other party (IL)
Right to written notification of decision w/in 7 days (IL)
Both parties have right to appeal in limited circumstances (IL)

18. Educational Advocacy: K-12
Title IX only applies to nearly every elementary and secondary school in the country.
Does the school district have a Title IX coordinator?
Title IX now requires parents of minor students to be notified.
Mandatory Reporting Requirements (Illinois)
School has to report to DCFS if perpetrator parent/guardian/teacher, etc.
BUT Reporting to Police NOT required

19. External Legal Proceedings
Judgments of courts take precedence over school procedures
Criminal Proceedings:
Ongoing criminal proceedings not excuse to delay school investigation BUT school may use info
Report outcome of proceedings to school immediately & request accommodations
CNCO:
Schools may NOT ignore CNCO / SNCO (IL law)
BUT schools have options for following
Provide copy to school & request accommodations

20. Handling School Violations
DOE / Office of Civil Rights Complaint Process
Does action show a violation of Title IX rules / regs?
Does complaint raise issue over which OCR has jurisdiction?
Policies / procedures violate Title IX
Response to individual student violates Title IX
180-day (or 60-day) Time Limit for each violation
Civil Litigation for Deliberate Indifference
Illinois Enforcement

21. Privacy & Defamation Confidentiality / Privilege (IL law)
Student has a right to privacy under IL law and a school must provide confidential method of reporting
Identity of either party may not be disclosed unless necessary to resolve complaint or implement accommodations
FERPA Requirements (US law)
Defamation Risks
Social Media Lockdown

22. Christine Evans, Legal Director 307 N. Michigan Ave., Suite 1818
Chicago Alliance Against Sexual Exploitation
Christine Evans, Legal Director
307 N. Michigan Ave., Suite 1818
Chicago, IL 60601
(773) ext. 201