5/12/2015
CAMPUS SEXUAL
VIOLENCE: LEGAL
FOUNDATIONS OF
INSTITUTIONAL
RESPONSIBILITIES
AKA
WHY THE BLEEP ARE
COLLEGES INVESTIGATING
RAPE?
Roberta Gibbons, PhD
Assistant Professor
Metropolitan State University
UNIVERSIT Y RESPONSIBILITIES FOR ACTION
 I n formed by a l l r e l evant l a ws :
 Clery Act (Reporting crimes to DOE and public)
 FERPA & HIPAA (Privacy)
 Title IX
 Campus SaVE
 Relevant state law(s) – in progress!
 … w h ich a r e i nfluenced by :


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Center for Public Integrity Report (2010)
Dear Colleague Letter (2011) OCR
“Beyond Title IX” (Futures without Violence) 2012
Dear Colleague Letter (2015) OCR
1999-present: DOJ, OVW
Grants to Reduce Violence against Women on Campus
TITLE IX
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TITLE IX - OVERVIEW
 Title IX of the Educational Amendments of 1972 - bans sex
discrimination in schools
 "No person in the United States shall, on the basis of sex, be
excluded from participation in, or denied the benefits of, or be
subjected to discrimination under any educational program or
activity receiving federal aid."
TITLE IX AND SEXUAL VIOLENCE
 Sexual harassment of students, which includes acts
of sexual violence, is a form of sex discrimination
prohibited by Title IX.
 Schools must:
o Disseminate a notice of non -discrimination
o Designate at least one employee to be Title IX
coordinator
o Publish grievance procedures that provide prompt
and equitable resolution
TITLE IX – “PROMPT AND EQUITABLE”
 Prompt and equitable requirement met by:
 Providing clear notice to students and employees
 Conducting adequate, reliable, impartial investigation
 Designating reasonably prompt time frames for the
major stages of the complaint process
 Communicating outcome of complaint process to
involved parties
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TITLE IX - KEY CASES
 F r ank lin v. G w i nnett ( 1 9 9 2)
 Established sexual harassm ent constituted sex discrimination under Title IX
 Established private right for recovery of monetary damages (but not institution al)
 G e b s er v. L a go V i s ta ( 1 9 9 8 )
 Notice – person who has authority to institute corrective measures, and
 Deliberate indifference - the official failed to adequately respond to the harassment
 D a vis v. M o nr oe C o u nty B o ard o f E d . ( 1 9 9 9)
 Student -on-student sexual harassment
 Applied notice and deliberate indifference concepts and
 Harassment must be “severe, pervasive, and objectively offensive” and the
indifference “systemic,” to the extent that the victim is deprived of educational
opportunities and services
 S i m ps on v. C o l or ado ( 2 0 07 )
 Failure to train for obvious risks…constitutes a policy of “deliberate indifference ”
 Jurisdiction of Title IX ≠ jurisdiction of student conduct code
 Nexus – institution al control over
 1)the harasser and
 2) the context of harassment
CENTER FOR PUBLIC INTEGRIT Y REPORT AND
THE DEAR COLLEAGUE LETTER (2011)
 CPI Report (2010)
 Scathing indictment of “the norm” on college campus with respect to
responding to sexual violence
 DCL (2011)
 Reiterates campus obligations related to Title IX
 Re-affirms standard of evidence
 Wakes up colleges across the country
BEYOND TITLE IX
 201 2
 Futures without Violence and DOJ call together groups of advocates,
administrators, lawyers and other professionals to create a document
to guide schools in the wake of DCL
Beyond Title IX
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CAMPUS SAVE - IN BRIEF
 Campus SaVE
 Codifies expectation and process of investigation under Title IX court
cases and DCL (minus standard of evidence)
 Re-iterates much of Clery /Victims Bill of Rights
 Expands types of crimes universities must include Annual Security
Report must include
 Requires prevention education for all incoming students and staff
(bystander and risk reduction) and ongoing awareness training
 Requires annual training for anyone involved in the response procedure
(investigation/adjudication)
 Written notice to survivors via handout and policy statement in Annual
Security Report
 Rights, procedure, possible sanctions, resources
THE HUNTING GROUND
Expose of campus cover- ups and bumbling
A video version of the Center for Public Integrity Report
+ Action
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