01 - Annual Board of Trustees Conference Final Draft (1)

Title IX of the Education
Amendments of 1972 prohibits
sex discrimination in
educational programs and
Crime reporting as well as:
 Timely warnings
 Emergency notifications
 Missing person policies,
Dear Colleague Letters
Montana Resolution Agreement
Violence Against Women Act
Jeanne Clery Disclosure of Campus Security
Policy and Campus Crime Statistics Act (Clery
Act) was amended by the Violence Against
Women Reauthorization Act of 2013 (VAWA)¹
which has the effect of implementing many of
Title IX protections previously set out by the U.S.
Department of Education’s Office of Civil Rights
(OCR) through multiple “Guidance” documents,
“Resolution Agreements”, and “Dear Colleague
¹The Violence Against Women Reauthorization Act (“VAWA”), which President Obama signed into law on March 7,
2013, imposes new obligations on colleges and universities under its Campus Sexual Violence Act (SaVE Act”)
provision, Section 304.
1. New Reporting Categories for
hate crimes.
National Origin
Gender identity
Old ones were:
 Race
 Gender
 Religion
 Sexual Orientation
 Ethnicity
 Disability
 National Origin
 Gender identity
2. New Reportable Incidents
Domestic violence
Dating violence
3. New Requirements for the
Clery Act Annual Security
Report Itself
A. Providing written notice
Institutions must give new written information to all
students and employees.
Certain information must be provided in writing to
Certain information must be provided in writing to
both the accused and the victim simultaneously.
B. New statements of policy in the Annual
Security Report.
1. Policy statement on reporting requirements.
2. Policies encouraging accurate and prompt
reporting of all crimes to campus police and
appropriate law enforcement when the victim
of such crimes wants to or is unable to make
such a report.
3. Statement of standard of evidence used in
sexual assault, stalking, dating violence and
domestic violence conduct proceedings.
B. New statements of policy in the Annual
Security Report.
4. ASR must have policy statements on
Education Programs.
 Required educational programs
 Education programs shall include “primary prevention
and awareness programs for all incoming students and
new employees” which shall include:
 Statement prohibiting domestic violence, dating violence,
sexual assault and stalking;
 Definition of domestic violence, dating violence, sexual
assault, and stalking.
 Definition of consent, in reference to sexual activity.
 Safe and positive options for bystander intervention.
 Information on risk reduction.
 Ongoing prevention and awareness campaigns for
students and faculty on all of the above.
B. New statements of policy in the Annual
Security Report.
5. Policy for on-going prevention and
awareness campaigns.
6. Policy for procedures victims should follow.
7. Policy for procedures for institutional
disciplinary actions, including requirement of
annual training by “officials” conducting
investigations and hearings.
8. Equal opportunity regarding choice of
B. New statements of policy in the Annual
Security Report.
9. Record incidents of stalking based on
10. Describe each type of disciplinary
proceeding used by the institution in cases of
alleged dating violence, domestic violence,
sexual assault, or stalking.
Should haves –
1. Climate Survey
2. Victim Advocates
1. New reporting categories.
2. New reportable incidents.
3. Annual Security Report
 A. New items which must be in writing.
 B. New policy statements.

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