HK’s Erin Dolly presents: Revising Your Campus Policies to Comply with Title IX, VAWA and the Clery Act.
With evolving obligations for institutions to comply with training on, responding to, and reporting of campus sexual misconduct, it can be challenging for an institution to keep their policies current and legally compliant.
In addition to revisions required to comply with recent regulations (including the Violence Against Women Act – which took effect July 1, 2015), institutions must factor-in guidance (in the form of “Dear Colleague Letters”) from the Office of Civil Rights for the U.S Department of Education (OCR) or risk being added to the growing number of institutions being investigated by OCR for their response to reports of sexual violence.
At the same time, institutions also need to consider recent court cases challenging how institutions handle reports of sexual misconduct and consider whether, and to what extent, these should play a factor in revising institutional policy.
In such a complex legal landscape, it is understandable that institutions often fail to consider practical implications when they revise their policies. However, it is critical that institutions ensure that their policies are not just legally compliant on paper, but are practical to implement and follow.
In this program, you will learn how to revise your policies and protocols to:
- Comply with the VAWA amendments to Clery (including reporting, training and procedural requirements)
- Be consistent with current OCR official guidance as well as expectations (based on a review of OCR resolution agreements)
- Address current challenges arising in the courts (including the role of counsel, parties’ confrontation limitations, the training of hearing panels, and gender discrimination in the treatment of sexual conduct between intoxicated parties)
- Adopt legal training and education requirements to improve your campus environment
This program will also discuss practical considerations for your institution’s sexual misconduct policies, including:
- Should you include an amnesty provision?
- Should you have a single fact finder?
- Should you have a hearing panel? If so, should students serve on the panel?
- Should your investigation process include providing witnesses with their statements for review?
- Should you include an appeals process?