1. Campus Safety and the Violence Against Women Reauthorization Act Phil Crawford, San Jose City College Corinna Evett, Santiago Canyon College Carolyn Holcroft, Foothill College James Todd, Modesto Junior College ASCCC Spring Plenary Session, 2015

2. Session Overview Important Regulations: What are they? Where are they coming from? How do they relate to one another? What can/should you do about them? ASCCC Spring Plenary Session, 2015

3. http://www.campusanswers.com/infographics/

4. ASCCC Spring Plenary Session, 2015 http://www.campusanswers.com/infographics/

5. Title IX Federal law passed in 1972 Requires gender equity in every educational program that receives federal $$$ Requires schools to combat sex discrimination in education Requires schools to prevent and respond to reports of sexual violence (whether or not alleged victim files a police report) ASCCC Spring Plenary Session, 2015 http://chronicle.com/article/Why-Colleges-Are-on-the- Hook/146943

6. Title IX does NOT only apply to sports! Access to higher ed Career ed Ed for pregnant/parenting students Employment Learning environment Math and science Sexual harassment Standardized testing Technology ASCCC Spring Plenary Session, 2015 http://www.titleix.info/History/History-Overview.aspx

7. Clery Act Federal law: “Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act” first enacted in 1990 Requires higher ed campuses to file an Annual Security Report (ASR) including: statements of policy (must impose certain basic requirements for handling sexual violence, emergencies) campus crime stats ASCCC Spring Plenary Session, 2015 http://clerycenter.org/summary-jeanne-clery-act

8. Title IX & Clery Act Intersections Both require: Campus disclosure of policy/procedures Prompt corrective action Accused/accuser both notified of outcome at same time/manner (Title IX specifies must be in writing) Campus disclosure of any sanctions imposed ASCCC Spring Plenary Session, 2015

9. VAWA (Violence Against Women Reauthorization Act) Federal law originally signed by President Clinton in 1994 Broadly addresses crimes against women including provisions for investigation, prosecution President Obama reauthorized in 2013 Amends Clery Act effective July 1, 2015 Our focus today is on its SaVE Act provision… ASCCC Spring Plenary Session, 2015

10. Campus SaVE Act “Campus Sexual Violence Elimination Act” Provision of VAWA (thus amends Clery) Requires higher ed to: increase transparency re: sexual violence on campus guarantee enhanced rights for victims meet standards in conduct proceedings provide prevention programming ASCCC Spring Plenary Session, 2015 http://www.cleryact.info/campus-save-act.html

11. ASCCC Spring Plenary Session, 2015 http://clerycenter.org/article/vawa-amendments-clery

12. ASCCC Spring Plenary Session, 2015 http://clerycenter.org/article/vawa-amendments-clery

13. Affirmative Consent Law added California Ed Code §67386 (a)(1-4) Campus Policy re: “Yes Means Yes” (b)(1-13) Victim-centered campus policies/protocols re: sexual assault, domestic violence, dating violence, and stalking (c) Provide or refer student services (d) Campus implementation of prevention and outreach programs including during orientation ASCCC Spring Plenary Session, 2015 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140SB967

14. A little help here, please? CA first state to adopt affirmative consent standard Still waiting for legislation/guidance from state re: implementation/enforcement Information bulletin from CA Attorney General (1/27/15): https://oag.ca.gov/sites/all/files/agweb/pdfs/law_enforcement /info-bulletin-dle-2015-01.pdf https://oag.ca.gov/sites/all/files/agweb/pdfs/law_enforcement /info-bulletin-dle-2015-01.pdf ASCCC Spring Plenary Session, 2015

15. Faculty Role in Prevention Program Development/Implementation (§67386(d)) Contribute to assessment of current campus program(s) Locate your campus data/plan/programs on your web site? Help identify any needed additions/revisions to comply with ed code Facilitate/participate in discussions about integration with orientation programs ASCCC Spring Plenary Session, 2015

16. What else should local senates do? Determine level of collaboration between Title IX officer and Campus Security (whoever responsible for Clery Act’s Annual Security Report) ASCCC Spring Plenary Session, 2015

17. Yes Means Yes (§67386(a)) Requires campus adoption of “Affirmative Consent” standard Must actively signal willingness to engage Accused must prove accuser clearly consented Campus to use “preponderance of evidence” standard (not “beyond reasonable doubt”) Accuser guilty if “more likely than not” that they assaulted the victim Issue = consent rather than force ASCCC Spring Plenary Session, 2015

18. Support Services (§67386(b)) Campus must provide for student support services: Counseling Health (physical/mental) Victim advocacy Legal assistance Students = victim and/or accused Can partner with community-based organizations to provide services e.g. rape crisis centers ASCCC Spring Plenary Session, 2015

19. Basic Elements of an Effective Campus Safety Plan Introduction Purpose Scope Mission List of Safety Organization/College Safety Group Members Types of Safety Needs Levels of Response Training, Drills, and Exercises Prevention Programs Campus Coordinators Recovery Process Appendix ASCCC Spring Plenary Session, 2015

20. Elements of the Sexual Assault and Harassment Portion of Campus Safety Plans Sexual Assault and Harassment Education/Prevention Definitions of Terms Assault Case Procedures/Conduct Proceedings Procedures Victims Should Follow Campus Sexual Assault Victims’ Bill of Rights/Accommodations On & Off Campus Resources Campus Sex Crimes Prevention Act Info Clery Crime Statistics ASCCC Spring Plenary Session, 2015

21. Resources Text of SB 967 available at: https://leginfo.legislature.ca.gov/faces/bill NavClient.xhtml?bill_id=201320140SB967 https://leginfo.legislature.ca.gov/faces/bill NavClient.xhtml?bill_id=201320140SB967 Information bulletin from CA Attorney General: https://oag.ca.gov/sites/all/files/agweb/p dfs/law_enforcement/info-bulletin-dle- 2015-01.pdf https://oag.ca.gov/sites/all/files/agweb/p dfs/law_enforcement/info-bulletin-dle- 2015-01.pdf ASCCC Spring Plenary Session, 2015

22. Additional Resources http://www.cleryact.info/ http://knowyourix.org/title-ix/title-ix-the- basics/ http://knowyourix.org/title-ix/title-ix-the- basics/ ASCCC Spring Plenary Session, 2015

23. Contacts Phil Crawford Corinna Evett: evett_corinna@sccollege.edu evett_corinna@sccollege.edu Carolyn Holcroft: holcroftcarolyn@foothill.edu holcroftcarolyn@foothill.edu James Todd ASCCC Spring Plenary Session, 2015