REPORTING REQUIREMENTS
UNDER TITLE IX AND THE CLERY ACT
TITLE IX
Title IX
■ Title IX of the Education Amendments of 1972 states:
– “No person in the United States shall, on the basis of sex, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination
under any education program or activity receiving federal financial assistance.”
“TITLE IX” INCLUDES:
■ Intercollegiate, club, and intramural athletics
■ Pregnant and parenting students and employees
■ Sexual harassment, domestic and dating violence, and stalking that occur on or off
campus
■ Sexual assaults that occur on or off campus
Title IX Requirement (for sexual harassment
or other sexual misconduct)
■ Colleges must take immediate and appropriate action to investigate or
determine what occurred when the college knows or reasonably
should know of possible sex discrimination.
■ Then:
– take prompt and effective steps to end the misconduct
– eliminate the hostile environment
– prevent its recurrence
– remedy its effects, if necessary.
When does a college know about possible
sex discrimination?
Notice
The college is “on notice” and “knows” about possible sex discrimination
when a Responsible Employee knows or should know about the possible
sex discrimination, including sexual harassment.
That’s Where You Come In.
Responsible Employees play an important role in ensuring compliance
with federal and state law.
Who Are Responsible Employees?
■ A Responsible Employee is an employee:
1) who has the authority to take action to redress violations
2) who has been designated for purposes of initiating notice and
investigation of alleged violations or
3) who a student reasonably believes is a Responsible Employee.
Responsible Employees Must Report
Alleged Incidents of Sexual Misconduct to
TIX Coordinator
■ Both Title IX and Virginia law require Responsible Employees to report alleged
incidents of sexual misconduct, but Virginia law only governs physical sexual acts
perpetrated against a person’s will or where a person is incapable of giving consent
(sexual violence).
■ REMEMBER: The college is “on notice” when a Responsible Employee knows or
should know about possible sex discrimination, not when the Title IX Coordinator
knows.
■ Notice can be direct or indirect.
■ If in doubt, report it to the Title IX Coordinator. Your Title IX Coordinator will know
what to do.
Responsible Employees
■ If someone begins to report an incident of sexual misconduct or
interpersonal violence:
– Inform the person that you cannot maintain confidentiality and that you must
forward the report to the Title IX Coordinator.
– Tell the person that he or she can discuss confidentiality with the Title IX
Coordinator.
– Provide information on available resources, or direct the person to where it
may be located.
– When appropriate, address the immediate needs of the individual.
Which Responsible Employees are Exempt
from Reporting?
• Under Virginia law, employees who obtain information that is considered
privileged under state or federal law.
Employees who obtain the information in the course of providing services as:
•
• Professional counselors (Title IX & Va. Law)
• Clergy (Title IX & Va. Law)
•
•
•
•
•
Licensed health care professionals (Va. law)
Administrative support staff for licensed health care professionals (Va. law)
Accredited rape crisis or domestic violence counselors (Va. law)
Campus victim support personnel (Va. law)
Attorneys (Va. law)
What if I’m Concerned about
Confidentiality?
Management may allow a few employees to report alleged incidents of
sexual misconduct without identifying the complainant, but the college’s
ability to take action will be limited (to addressing the complainant’s
needs).
Academic Counselors and employees in
similar positions are not exempt
from reporting.
What to Report?
■ Get basic information, but do not investigate.
• Names of parties and witnesses
• Date, time, location of incident
• Nature of the incident (what happened and how?)
■ A complaint form is available on The Buzz.
The failure to report when required can
result in continued misconduct and an OCR
investigation that may result in a Title IX
violation.
CLERY ACT
Clery Act
The Jeanne Clery Disclosure of Campus Security Policy and Campus
Crime Statistics Act is a federal law named for a student who was
murdered in her dorm room.
Clery Act Crimes
■ Murder/Manslaughter
■ Dating Violence/Domestic Violence
■ Sex Offenses, including rape,
fondling, incest, and statutory rape
■ Stalking
■ Robbery
■ Aggravated Assault
■ Burglary
■ Motor Vehicle Theft
■ Arson
■ Drug and Alcohol Violations
■ Weapons Violations
■ Hate Crimes
Clery Act Requirement
■ The Clery Act requires all institutions that participate in federal
financial aid programs to report campus crime statistics for the three
most recent calendar years and other security information in an
Annual Security Report (“ASR”).
■ Campus Security Authorities (CSAs) are used to collect crime
statistics.
■ So, it’s important for CSAs to report Clery Act crimes to ensure that
the ASR is accurate.
Like Responsible Employees, CSAs play an
important role in campus safety and
compliance.
Who are Campus Security Authorities
(CSAs)?
■ CSAs are employees who must report Clery Act crimes.
■ These employees include:
1) Campus police and security
2) Any individual or individuals responsible for campus security but are not campus police
or campus security, e.g., parking deck staff
3) Anyone designated a CSA
4) Officials with significant responsibility for student and campus activities, e.g., deans of
students, faculty advisors of student organizations, coaches, etc.
Who are not Campus Security Authorities
(CSAs)?
■ Faculty members who do not have any responsibility for students and
campus activities beyond the classroom.
■ Clerical or service staff (cafeteria, maintenance, etc.)
Professional and Pastoral Counselors are exempt from
reporting Clery Act crimes if they obtain the
information while providing mental health services.
Academic Counselors are not exempt.
Domestic violence and rape crisis counselors and other victim support
personnel also are not exempt from reporting Clery Act crimes.
No one should be exempt under the
Clery Act.
VCCS Policy states that the colleges do not provide mental health
services.
Anonymous Reporting
The Clery Act allows CSAs to report Clery Act crimes without identifying
the alleged victim.
What to Report?
■ Date of Alleged Crime
■ Location
–
–
–
On-Campus
Non-Campus (college owned, leased, or controlled off-campus property)
Public Property (within or immediately adjacent to on-campus property)
■ Alleged Crime(s)
■ Number of Alleged Victims
■ Brief Description of Alleged Crime
■ CSA (your) contact information
Clery Act Fines
Each Clery Act violation carries a maximum fine of $53,907.
Title IX Reporting vs. Clery Act Reporting
Title IX: Acts & People
Clery Act: Numbers & Geography
Responsible Employees must
report all alleged acts of sexual
misconduct, dating violence,
domestic violence, and stalking
against students and employees
whether or not the alleged act
occurred on or off campus.
CSAs must report all Clery Act
crimes that occur on college
property or on property owned or
controlled by the college, or
public property that is adjacent
to college property.
Intersection between Title IX, Va. Law, and the Clery Act
Clery Act
CSA
Homicide
Robbery
Aggravated Assault
Burglary
Motor Vehicle Theft
Arson
Hate Crimes
Questions?