The National Center for Victims of Crime is
pleased to provide the slides used in our
April 16, 2015 Webinar, “Sexual Assault on
College Campus – Context and Legal
Mandates.”
Please be advised that these materials are
provided through the generosity of our
presenter faculty. All copyright laws apply to
the proper use and crediting of these
materials.
National Center for Victims of Crime
The nation’s leading resource and advocacy
organization dedicated to supporting crime victims
and those who serve them
 Advocates for stronger rights, protections, and services for victims
 Provides critical training, education, and evaluation
 Serves as a trusted source of current information on victims’
issues
Sexual Assault on College
Campuses – Context and Legal
Mandates
HOSTED BY: NATIONAL CENTER FOR
VICTIMS OF CRIME AND THE
NATIONAL CRIME VICTIM BAR
ASSOCIATION
PRESENTED BY: CARI SIMON
NCVC and NCVBA
2000 M Street NW, Suite 480
Washington, DC 20036
NCVBA is a program of NCVC.
More information can be found at
victimsofcrime.org
phone: (202) 467-8700
victimsofcrime.org
email: victimbar@ncvc.org
Presenter: Cari Simon
Cari’s nationwide law practice focuses on the
civil representation of victims of school related
sexual violence and other misconduct.
o J.D. Harvard Law School
o Harvard Law School Gender Violence Program
o U.S. Congressional Victims Rights Caucus - Legislative Director
Contact Cari:
Bode & Fierberg
School Violence Law Practice
ph: (202) 828-4100 --- em: csimon@bode.com
website: schoolviolencelaw.com
Current Landscape
Life Cycle of Campus Sexual Assault
and School Response
Prevention
Intervention
Accommodation
Investigation
Adjudication
Sanction
Enforcement
VAWA Amendments to Clery
 Violence Against Women Act
Amendments to the Clery Act
(Campus SaVE Act)
 Regulations effective July 1, 2015
 Enforced by Federal Student Aid
 $35,000 fine per violation
VAWA Amendments to Clery
Prevention

Primary Prevention and Awareness
Incoming students and employees
 Ongoing

Risk Reduction
 Bystander Intervention

VAWA Amendments to Clery
 Accommodations and Protective Measures
 No Contact Orders
 Academic
 Housing / Living
 Transportation
 Working situation
 Other
VAWA Amendments to Clery
 Disciplinary Proceedings
 “Advisor
of Choice”
 Trained Investigators and Adjudicators
 Prompt, Fair, and Impartial Proceeding
VAWA Amendments to Clery
 Annual Security Report: Counting and Definitions
New Crimes: Domestic Violence, Dating
Violence, and Stalking.
 Revised “hate crimes” to add gender identity
 Rape defined to reflect FBI definition
 No Hierarchy in counting sex offense and hate
crimes

Title IX
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
assistance.
Title IX:
OCR guidance and enforcement
 2001 Guidance
Professor on Student Harassment
April 4, 2011 Dear Colleague Letter
 Student on Student Harassment
 Preponderance Standard
2014 Question and Answers
Retaliation Guidance
Recent enforcement letters





The Development of Title IX
Title IX: Institutional liability for
student-on-student sexual harassment and violence
Davis v. Monroe County Board of Education (1999, S. Ct.)

Sexual harassment, severe, pervasive, AND objectively such that they are
effectively denied access to the benefit or opportunity
Actual Knowledge

Deliberate Indifference

Kelly v. Yale University (March 2003, CT).
Yale
denied request for dorm and class change.
A
reasonable jury could find that further encounters at school between
student and rapist could create a severe and pervasive hostile environment.
Failing
to accommodate (housing/academic) = deliberate indifference
The Development of Title IX
Theno v. Tonganoxie Unified School Dist. (August 2005, KS).
Same-sex
harassment based on gender stereotypes
Einstein’s
definition of insanity
Williams v. University of Georgia (March 2006, 11th Cir.)
Athletic
dept. liable under TIX - ceded control over one of its
programs, the athletic department, to UGAA
Recruitment
of the rapist despite knowledge of his prior sexual
misconduct = act of discrimination
The Development of Title IX
Williams v. University of Georgia (March 2006, 11th Cir.)
Athletic
dept. liable under TIX - ceded control over one of its
programs, the athletic department, to UGAA
Recruitment
of the rapist despite knowledge of his prior sexual
misconduct = act of discrimination
•Simpson v. Univ. of Colo. Boulder (10th Cir. 2007)
oActual knowledge - Reasonable jury could find from program
offering athletes a “good time” even absent evidence of prior sexual
assault
o“Deliberate indifference” - Can be a “policy” evidencing
“indifference” to potential consequences, not just act/omission
directed to specific occurrence
Getting ahead of the curve
 MOU between school and police
 Climate Survey (identifying the problem)
 Accommodations (interim and long term)
 Investigation to decision adjudication model
 Beyond Title IX: a victims’ centered approach
Thank you
Questions?
phone: (202) 828-4100
email: csimon@bode.com
website: schoolviolencelaw.com