VAWA Reauthorization Act: What You Need To Know Presenter: Bev Baligad, J.D. Director of Student Compliance Lansing Community College © All Rights Reserved (2015) 1 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. © All Rights Reserved (2015) 2 Agenda: I. VAWA Overview II. VAWA/Campus SaVE Act: Clery Amendments III. The “Connections” IV. VAWA “Quick Wins” V. MCEDSV Community College Event © All Rights Reserved (2015) 3 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 © HECP All Rights Reserved (2015) 4 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 © HECP All Rights Reserved (2015) 5 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 © HECP All Rights Reserved (2015) 6 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 © HECP All Rights Reserved (2015) 7 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 © HECP All Rights Reserved (2015) 8 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 2014 © HECP All Rights Reserved 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 © HECP All Rights Reserved (2015) 10 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) © HECP All Rights Reserved (2015) 11 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) © HECP All Rights Reserved (2015) 12 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. © HECP All Rights Reserved (2015) 13 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 © HECP All Rights Reserved (2015) 14 © HECP All Rights Reserved (2015) 15 © HECP All Rights Reserved (2015) 16 Thank you! Contact information: Bev Baligad, J.D. Email: bbaligad1@gmail.com Phone: 517.775.2530 © All Rights Reserved (2015) 17 © All Rights Reserved (2015) 18 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/ © All Rights Reserved (2015) 19