Report to Faculty Senate 11.11.15 Report Items: The Arkansas State Legislature passed state law HB 1892 in May, 2015. This law states: o “A student enrolled at a state-supported institution of higher education who has received a suspension of ten (10) or more days or an expulsion may request a disciplinary appeal proceeding and choose to be represented at the student’s expense by a licensed attorney or, if the student prefers, a non-attorney advocate who, in either case, may fully participate during the disciplinary appeal proceeding” o Based on this appropriated changes were made to the Code of Student Life to reflect this institutional obligation. The Violence Against Women Reauthorization Act (“VAWA”), which President Obama signed into law on March 7, 2015 imposed new obligations on colleges and universities under its Campus Sexual Violence Act (“SaVE Act”) provision, Section 304. Those refined and clarified, and to some extent changed, existing legal requirements and required revision of institutional policy and practice. Under VAWA, colleges and universities are required to: o Report domestic violence, dating violence, and stalking, beyond crime categories the Clery Act already mandates o Adopt certain student discipline procedures, such as for notifying purported victims of their rights o Adopt certain institutional policies to address and prevent campus sexual violence, such as to train in particular respects pertinent institutional personnel. o Based on this appropriate changes were made to the Code of Student life to be in compliance with this provision of the federal law. Voting Items: 1. Redline Comment #2: New Policy regarding Prostitution and Solicitation due to 4 cases of this nature occurring during the 2014-2015 school year. 2. Redline Comment #3: Clarifying Language regarding investigation of non-Title IX vs Title IX matters. 3. Redline Comment #5: Clarification regarding the investigation and adjudication procedures for student offenders of Sexual Assault, Sexual Harassment, Domestic/Dating Violence, and Stalking when the victim is a NON-Student (i.e. is not Title IX). 4. Redline Comment #9: Revision to the appeal procedures for length of time a student has to prepare and submit and appeal (3 business days, changed from 5 business days) per the Chancellor and VPSA’s request. 5. Redline Comment #10: New Policy language to reflect current practice and best practice regarding amnesty from charges for victims reporting Title IX matters. 6. Redline Comment #11: Footnote providing clarifying language regarding the protection of and release of educational records consistent with FERPA in Title IX cases. 7. Redline Comment #12: Revision to appeal procedures changing Conduct Probation cases to a Level 1 instead of Level 2. This was proposed and approved by the Committee for the Code of Conduct and Academic Integrity, but the revision was accidentally left of the redline document and therefore not voted on by the full senate.