The Campus SaVE Act:
Understanding the Problems of Sexual
Harassment and Sexual Violence
August 17, 2015
Sarah O. Edwards
Assistant General Counsel
Office of Legal Affairs
UNC Charlotte prohibits sexual harassment,
sexual assault, dating violence, domestic
violence, and stalking.
• Students or employees who perpetrate any of these offenses
can be disciplined.
• Students or employees who are victims of this conduct can
receive services and accommodations to help remedy the
harmful effects.
Federal law
(1) Title IX
• prohibits discrimination on the basis of sex (including
sexual harassment, sexual assault, and other forms of
sexual misconduct)
(2) Clery Act
• requires reporting of crimes (including sex offense,
domestic violence, dating violence, and stalking) on or
near campus
(3) Campus SaVE Act/VAWA (amendment to Clery)
Federal law
Campus Sexual Violence Elimination Act
(Campus SaVE Act)
part of Violence Against Women Act reauthorization
requires education programs for:
incoming students
new employees
also provides procedural protections to student and
employee victims (similar to Title IX)
University Policies
Employees –
• UP 101.3, Relationships between Students
and University Employees
• UP 101.9, Employee Assistance Program
• UP 101.17, Workplace Violence
• UP 502, Sexual Harassment and Grievance Procedure
Students –
• UP 406, Code of Student Responsibility
North Carolina law
(1)
Rape – vaginal intercourse
• with a child; OR
• by force and against the will of the other person; OR
• with a person who is mentally disabled or physically helpless
(2)
Sexual offense – oral sex, anal intercourse, or penetration by any object into
the genital or anal opening of another person’s body
• with a child; OR
• by force and against the will of the other person; OR
• with a person who is mentally disabled or physically helpless
(3)
Sexual battery – for the purpose of sexual arousal, sexual gratification, or
sexual abuse, a person engages in sexual contact with another person
• by force and against the will of the other person; OR
• who is mentally disabled or physically helpless
North Carolina law
Domestic violence =
physical/sexual violence (or causing substantial emotional
distress by placing person in fear of such violence)
committed by
a current or former spouse
household member
parent
the other parent of your child
opposite sex dating partner
* can qualify for Domestic Violence Protection Order
North Carolina law
Stalking =
willfully on more than one occasion harasses another person
without legal purpose or willfully engages in a course of
conduct directed at a specific person without legal purpose and
the defendant knows or should know that the harassment or
the course of conduct would cause a reasonable person to do
any of the following:
(1) fear for the person’s safety or the safety of the person’s immediate
family or close personal associates
(2) suffer substantial emotional distress by placing that person in fear of
death, bodily injury, or continued harassment
Discussion
• A student from one of the athletics teams tells you
that she’s having trouble sleeping and is nervous to
walk to class by herself because another team
member keeps sending mean, almost threatening text
messages.
Proactive Students
& Employees
• Bystander intervention
• Observe
• Assess
• ACT
• Ask for help
• Create a distraction
• Talk directly
• Follow up
• http://wellness.uncc.edu/about-us/presentations
(Center for Wellness Promotion)
Discussion
• When you’re walking to your car at the end of the work
day, you notice two men, possibly students, arguing
heatedly in the parking deck. As you watch from afar, one
of the guys pushes the other, whose back slams into the
side of a car.
What does
abuse look like?
What does
abuse look like?
The Cycle of Abuse
Copyrighted in 2008 by
Jill Cory & Karen McAndless-Davis
Proactive Students
& Employees
Warning Signs of Abusive Relationships
• distancing someone from family and friends
• criticizing, insulting, or humiliating someone
• jealous, possessive, controlling behavior
* Center for Wellness Promotion
• “Interpersonal Violence 101”
• “Healthy Relationships – Are you Seeing
Red, Green, or Somewhere In Between?”
Resources:
counseling
health or mental health
victim advocacy
legal assistance
Accommodations:
University employment
transportation
academic (if applicable)
University housing (if applicable)
Protection
• Available through court system:
Domestic Violence Protective Orders
Civil No Contact Orders
Campus Police can:
honor DVPOs and CNCOs if they’re on file
issue/enforce campus no-contact orders or
trespass orders
(http://charmeck.org/city/charlotte/cmpd/organization/investigative/sp
ecialvictims/domesticviolence/documents/dvprotectiveorder.pdf)