VAWA Reauthorization Act: What
You Need To Know
Presenter:
Bev Baligad, J.D.
Director of Student Compliance
Lansing Community College
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Disclaimer:
This presentation is not intended to be legal advice.
You should seek the advice or confirmation
regarding your institution’s compliance efforts
from your General Counsel if you have specific
questions.
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Agenda:
I. VAWA Overview
II. VAWA/Campus SaVE Act: Clery
Amendments
III. The “Connections”
IV. VAWA “Quick Wins”
V. MCEDSV Community College Event
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I. VAWA Overview
 Violence Against Women’s Act of 1994
 Federal community-based initiative
 Designed to assist the community and law
enforcement work together to appropriately deal
with sexual violence
 Law is “victim-centered;” focuses on victim’s needs
and community education
 Tribal, law enforcement, state crisis & community
based organizations, higher education
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II. VAWA/Campus SaVE Act: Clery
Amendments
 March 2013 Obama signed VAWA
Reauthorization (VAWA 2013)
 Negotiated Proposed Rulemaking (NPRM)
begins
 October 20, 2014 Final Regulations Published
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II. VAWA/Campus SaVE Act: Clery
Amendments (cont’d)
 § 304 amended Clery
 Campus Sexual Violence Elimination Act
(Campus SAVE)
 Focuses on “sexual violence” statistics,
policy information and programming on
college campuses
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III. The “Connections”
 Title IX, Clery, VAWA/Campus SaVE Act share
some similarities
 Understanding the connections and the
similarities may help give you “quick wins”
 Possible to address several compliance based
objectives with a single programming effort if
done properly
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Quick Summary Comparison Chart
Title IX
Jeanne Clery Disclosure of
Campus Security Policy and
Campus Crime Statistics Act
VAWA/Campus SaVE Act
(VAWA 2013)
Drug Free Schools &
Communities Act (DFSCA)
(Clery Act)
Description:
Federal law that prohibits
sex/gender/orientation
discrimination in schools
that receive federal
funding
Federal law that requires
colleges and universities across
the United States to disclose
information about crime on and
around their campuses
Federal law that supports victim
centered community based
approach to assisting and
preventing sexual and domestic
violence; Section 302 amends
Clery Act
Federal law that requires institutions
to establish policies that address
unlawful possession, use, or
distribution of alcohol and illicit
drugs; also requires the
establishment of a drug and alcohol
prevention program & a biennial
review
Focus:
Institutional processes
and procedures to
ensure discrimination, if
found is addressed
appropriately
Notification of safety policies,
processes, and statistics to
current and prospective
employees and students
SaVE Act amended Clery; new
statistic requirments,
programming and inclusion
of definitions
Policies, programs and statistics
that address alcohol and drugs
(AODs) for students and
employees
Liabilities:
Federal funding;
private right of action
Federal funding; fines
(same as Clery Act)
Federal funding
Citation:
20 U.S.C. § 1681 et seq 20 USC § 1092(f)
Title IV, sec. 40001-40703 of
the Violent Crime Control and
Law Enforcement Act of
1994, H.R. 3355
EDGAR Part 86
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The Connections: VAWA, Clery and Title IX
HEA/HEOA
VAWA
EDGAR Part 86
§304
Campus
SaVE Act
Title IV
Supports
DFSCA
Requires
Amends
Supports
Clery
DAAPP/Biennial
Review
Supports
Title IX
Requires
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What do you need?
1.
Addition of the following sexual assault, domestic violence, dating
violence, and stalking policy statements/information included into the
ASR:
-Programs to prevent dating violence, domestic violence,
sexual assault, and stalking:
-Procedures institutions will follow when an incident of sexual
assault, domestic violence, dating violence, or stalking is reported
and written information provided to victims including:
-Procedures for institutional disciplinary action in cases of alleged
dating violence, domestic violence, sexual assault, or stalking
2. Info about how institution counts statistics but maintains confidentiality
in accordance with FERPA
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What do you need? (cont’d)
3. Expand statistical info to include domestic violence, dating
violence, and stalking institutions must also
4. Include statistics on number of “unfounded” (determined by
a sworn or commissioned law enforcement officer to be false
or baseless)
5. Separate gender identity and national origin into two new
categories of bias (under hate crime)
6. Update sex offense definitions that more closely align with
the current FBI definitions and terminology (institutions will
record incidences of rape, fondling, statutory rape, and
incest)
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IV. VAWA “Quick Wins”
 Define sexual assault, domestic violence, dating
violence, and stalking
 Interweave your current processes together (Title IX
grievance; ASR policy information; DAAPP)
 Category format changes on your stats sheet (sexual
orientation/national origin; domestic violence, dating
violence, stalking, “unfounded” cases)
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IV. VAWA “Quick Wins” (cont’d)
 Category format changes on your stats sheet
(sexual orientation/national origin; domestic
violence, dating violence and stalking,
unfounded)
 Create a spreadsheet with the different
programming efforts the institution has done
with specific information in a centralized area.
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V. MCEDSV Community College
Event
 Next Thursday & Friday at LCC
 Focuses on “programming needs” for cc’s related to the
new VAWA requirements
 Links cc’s to community resources available to us
 Small group; limited seating available
 Potential for Fall co-sponsorship for another event
 Link to register for event:
https://portal.mcedsv.org/2015-trainings/csa0615
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Thank you!
Contact information:
Bev Baligad, J.D.
Email: bbaligad1@gmail.com
Phone: 517.775.2530
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Online Resources
1. VAWA factsheet:
https://www.whitehouse.gov/sites/default/files/docs/vawa_factsheet.pdf
2. DOJ VAWA Reauthorization Homepage: http://www.justice.gov/tribal/violenceagainst-women-act-vawa-reauthorization-2013-0
3. Office of Violence Against Women: http://www.justice.gov/ovw
4. VAWA Amendments to Clery: https://s3.amazonaws.com/publicinspection.federalregister.gov/2014-24284.pdf
5. DFSCA manual: http://www.higheredcompliance.org/resources/resources/dfscrhec-2006-manual.pdf
6. Title IX/Campus Save Act: http://knowyourix.org/understanding-the-campus-saveact/
7. Acenet Summay: http://www.acenet.edu/news-room/Documents/VAWASummary.pdf
8. Government website: https://www.notalone.gov/
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