wanna thank everyone for taking time out
of their day we are super super excited
to have more done here was served as
associate executive director
going to be giving our webinar today
about the camping thing back and
interesting for violence on campus you
you can't get showered in questions
please feel free to ask questions and
give comment that we were going to peel
them and deal with that if there's
something that opposite-sex we're going
to bring it out for awhile she's
presenting otherwise depending on the
question or comment me for a bit and we
towards the end of the webinar with love
your feedback
love to hear what you're thinking how
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for joining us for awhile turn it over
to you thank you
hi everyone thank you so much for
joining this webinar and thank you for
holding this webinar for everyone
a little bit about myself I am publicly
known survivor campus sexual assault. I
will discuss my story I was a student at
the University of Wisconsin so it's very
meaningful for me to be giving this
webinar right now in like former home
think I am also now the executive
director of 3rd Justin which is a deep a
national nonprofit that provides legal
assistance to survivors around the top
of the campus sexual felt we also
regularly do training with institutions
and support change makers and their
community unity so highly involved in
drafting this issue campus sexual
violence in addition I don't you be an
adjunct law professor at the University
of Maryland on the topic of sexual
violence and harassment in education so
this is a lifelong career addressing
violence and education and I support you
sharing information about the law and
although it's a free while
clip go ahead and get started here's a
quick overview and you can hold me to
this agenda we're gonna just briefly
talked about what has happened in the
last couple years there's been a very
large movement largely driven by
students around the issue of gender
violence on campus and so that such
briefing on that history to kind of
places today with the right but are
available I will touch on site online
and the Curia and will go into specifics
of the campus a tax to the best
practices around at the scene and
hopefully I'll be enough time at the end
just to briefly touch on some things
that are coming down the line
legislation that is sending information
coming out the federal government to
further after the effort and perhaps the
remaining issues that need more
grassroots level in institutional
pathetic effort though
about my story I find it very
interesting that will cost us after you
did a presentation because looking back
at the history of my experience there
were ended up today I really took off
this is the first organization that gave
me a platform for my voice in December
2006 and their connections newsletter
actually wrote my survivor story gonna
go ahead and take a moment to read that
steve alton gonna give you tons so what
I went through and how is it up here
it was my junior year at the University
of Wisconsin decided to go public with
my race although it has reported nearly
a year before us we still had not
purchased
charges for the district attorney I
would fix it is becoming obvious that
the UW campus police Indiana since
responding I like it until after the
demonstration that shortly after her
story made the front page as far as
filed to make it so quickly sent up to
the district attorney's office after
about a month leading the Dane County
District Attorney that with me as I
started playing like he was the clintons
across charges I became computer it has
clearly been established that I was
extremely intoxicated that item I
thought I had come to the ground after
only an interim then I'll talk to the
perpetrators has freely admits that
sexual contact
why would they be charged as apparently
the district at Raytheon their actions
from you quotes morally reprehensible
unquote but unfortunately below the
legal standard for rate instead of it
still cannot understand what war with me
that if I was unable to act what was i
missing after me for two hours of the
district attorney if they can credit the
problem within the law
yes the time has come to da computer
alcohol and no five elements of the
range basically the prosecution was
still need to prove that I'm not
concerned you don't mind talk petition I
could not testify that I had not a
situation was not rare many cases of
sexual thoughts this portion of my
alcohol were kinder LA for them they
still are today each time the descent it
is a variation of issues too drunk to
fight back she too drunk to know whether
or not she consented the victims are
less than a no-win situation where
trucks the kitchen has made them
vulnerable to thought in their memory or
where the consent automatically stuff
alcohol makes it easier for perpetrators
vote to rate and get away with it a few
weeks later and his story about my case
and a newly passed law sponsored by the
Wisconsin Coalition Against Sexual
Assault you need alcohol and in stock
under the law though it could have my
kids have been lost I was relieved to
know that other victims of alcohol to
put it sexual thoughts now have a
fighting chance for justice it deeply
appreciated all those who support the
legislation including as it was one of
many important step towards creating a
path of justice for Survivor intending
to make a special change it again that
was a quick excerpt from the December
2006 issue from wilcox and what that
story focuses largely on what happens
from the criminal aspect of my case my
story although Francisco
so we just briefly I don't think an
attorney for this and without all the
luck of petrol limitation and ultimately
could not find another layer to take I'm
not practiced law suit because it
involved in a recent and everyone seemed
to be completed out my office processes
what is known for and i wanna talk about
right story moving forward internet
shopping which is the campus sexual
thoughts very outspoken in the table
talking on a campus I quickly found
itself in the center of a national
movement into david says about half a
decade five years from Eastern activist
meeting with movement paths in pristine
who is trying to curb the epidemic of
sexual violence they gonna pick up the
room in 2010 their actions that happened
before my story 2006 this many other
survivors and activists was made after
34 that in 2010 something very specific
happen
Center for Public Integrity that is very
latest theory into campus sexual
violence and specifically title nine as
a method to address his failure to deal
with sexual assault
well there are many survivors stories
that were featured in that case those
the only one who chose to use my for me
to share my faith is a couple good and
because of that gary was picked up all
terrains intr unlocked Media Award there
was increased pressure on the Department
of Education with other kids started
demanding new guidance and I had the
privilege of being invited to a meeting
of Education Office of Civil Rights
history with Ollie just thought what
should be in this new guidance where
with title nine what were victims of
sexual assault facing that had not been
addressed and hopefully you all know at
this point in 2011 the year college
letter was released under the guidance
about title nine it was the first time
sexual violence part of that deal with
the nation's sexual harassment so that
2011 dining really dug deeply and sexual
violence actually think we've seen the
campuses ongoing operations from
differing to campus police what many
don't know about the same time I say the
same way that I just came out which was
April for at least a year to the day of
my thought was that several advocate by
myself working on the campus paper we
knew that this guidance is your college
letter was an amazing change but was
just you know is that a guidance that
you can change within the discretion to
change the leadership it actually does
not have the force of law and order
given any doctor who was an amazing tool
it was not federal statute instantly
started working on the print in 2012 we
introduce the campus they've interviewed
congress just say that stands for sexual
violence elimination after our goal is
getting was to take a lot of what
happened to the guidance includes the
law to find all that stuff that I needed
right around and in 2012 it was
introduced into Congress it needed in
the Violence Against Women Act
nation and those of you who were
followed I'm sure we'll remember 2012
was actually very historical year the
Violence Against Women Act every single
year since 1994 acts first half this law
it has been passed unanimously without
any kind of issue and in 2012 for the
first time ever
congress did not thats reauthorization I
remember that moment being very little
hope for a lot of that stuff I was
working with many national organizations
should do the trick decade never seen
anything like it happened before and in
turn from doing advocates each campus
david Backes doing everything they can
see on behalf of me inspired by on this
one actually authorization making sense
of the places campus provision
thankfully in 2013 there was reassured
you an alternative hospice the law in
late February and President Obama signed
into law in March 2013 2013 also had
another big moment I think a lot of
people have trapped over but it's
difficult to not even and i actually
think the record in hunting ground 2013
July 2013 over a hundred June accident
which Washington D and protested outside
the US Department of Education
in fact you can see a picture of the
students there are many well-known
activists in the park and Rapinoe John
Kelly so many more were present in
demanding their rights and we didn't
just contact with our bodies have 16,000
signatures saying that the Department of
Education needed to improve enforcement
and read what that title nine look at
the Clery Act and other areas because of
this protest that a reaction that with
the US Department of Education Secretary
Arne Duncan and a variety of other
individual we also went later that
change the White House's started having
conversation to what ultimately led into
the next major point in history the 2014
white house task force to protect
against sexual violence a lot of our
politics points in our demands are
actually integrated into the not along
the floor of the 2014 title nine guided
frequently asked questions of title nine
is actual violence came out and began
really met a lot of Armenians who wanted
to make sure we teach you a thing
exiled to recognize want to make sure
that our international or undocumented
recognition and additional support those
provisions that really was due to the
efforts of a lot of as a kid they really
get credit to your nine who is one of
the primary sources organizing a taxi
now in the fall of 2014 at Camp you
watch don't have actually in pain on her
campus
things to look out it was a great
opportunity for Obama and Vice President
Biden to have reiterated the ongoing
sexual violence and by the end of 2014
assault lot of rounds able to devise
senator McCaskill one of the Clery Act
which I honor speaking at one of title
nine and one of the cool just the
surrender your night was kind of
representing survivors
activist and I love that game what
happened in 2015 introduction but
accountability and safety act as though
was this whole other pieces of
legislation and I will cripple package
extends much more pieces of legislation
and let you know what's happening on the
hill work legislation may be going
that's what's happened in the last half
decade after the support is obviously
been many other purchase on campuses
many other effort well as exploring the
station reporting in getting involved in
a change on the fuses
so
out of focus are shopping now that you
have a little bit of the picture let's
talk about where victims rights are
today what information out there that
you can use them as part of your
advocate
title nine is the first guided and I are
positive through that little typically
the difficulty their mind was introduced
back in 1972 when I always like to
actually get the clip of what that
actually looks like this is the main
part of title nine whatever one is your
free through they talk about title nine
no personal USA shown the basis of six
different participation and I benefits
are subjected to discrimination
educational setting no person is a very
blah statute and a lot of the
information we now have about title nine
doesn't come from the fact you too can
occur from guidance so when I had
arrested for guidance says that he was
advocate absolutely should have handy I
encourage you to read through it on a
regular basis this did your colleague
letter 2011 in retaliation guidance that
came out in 2013 that frequently asked
questions I referred you coming out of
the White House hopeful that the same
Chinese 2014 and 2015 there was a
broader guidance and mort word to work
entailed line positions on campus there
is information around your duties which
is also very helpful rather have snow
goggle beyond these goddesses but all
are specifically discussing sexual oh
there are in the 2001 and 2008 guidance
that talked a lot about sexual
harassment because discrimination under
Title mind that basis the tax increase
sexual harassment as well as sexual
violence and even gender-based
harassment and discrimination don't
wanna make sure rendering the full scope
of title nine which in the dinner I will
contract with out of the Clery Act was
just a brief reminder that sexual
harassment how severe cases there is a
standard what happened that sexual
violence is separate and inherently is
sufficiently severe or pervasive it is
because of the physical act
the shoes against another to focus on
rights aspect information that every
effort should know that they travel
coming forward the first right to charge
around reporting that initial actual
notice given to school for the standard
under title nine is actual notice that
you're thinking about law and there's a
little more generous and so for fun new
title might complain they're looking for
actual notice or should have recently
known a lot of China survivors will come
forward and choose confidentiality in
his actual notice it depending on where
they go it may be reasonable notice
something right to the top because they
don't shoot out the options are very
important for survivors I said sure so
many of you already know and during the
opportunity to confidentially advised
the unwanted information really need to
give it about the campus process as well
as the office to the right to act as
though there is an unfortunate tendency
and other concede to encourage or
discourage right and walk out over
another in there is good reason for that
as a survivor stories shared I had
refused to ground the total cost of the
people I work with your justice our goal
is really to make any irony of Justice a
smoker survivors to make sure they feel
supported and whatever else they choose
and they know that every road is in fact
an option for them
some information that's important during
this client that confidential period is
actually information on Willis that I
think this is a really good and doing
all the right around hopefully as the
tour a lot of the command center has
built strong relationships in general
there's unfortunately a lack of
information on we love the thing and
that's a very important right drivers
are filthy get that information
neck and illegal business to increase my
clothes orders and you know consider
several options or any other Avenue Q is
sometimes there's a ripple effect
because of sexual violence and other
legal issues arise from making sure that
there's information on that is a vital I
tried them on and of course piston Arts
Building reporting source comes from
third parties report what has happened
but I keep your other individuals on
campus will wear in those cases
consensus action requiring you that is a
right because I the right to consensus
shoes a photocopy and because they can't
consent decree although not confront the
formal process obviously accesses a mind
reader procedures which we will discuss
next and related right it also can if
they choose not to mention a try out
some kind of informal process and i
wanna kind of emphasize right around the
informal process of the survivor doesn't
want to use for which is absolutely
right and it was about to work there's a
Victims Center at the piano deeply
importance to fix yelling and renewing
of on sodomy but if you're ever looking
at a cost us there are still rights and
obligations under title nine retaliation
protections have to be brought up
because a lot of strength survivors are
not should not have a new because of
fear really does have obligation
Invictus region has the right to be
protected against retaliation in a
meaningful way and the retaliation
protection are still to be the toughest
survivors considering the influence
in there is an obligation for school
even without consent after talking and
encouraging drivers thing you'll be
protected there still will not consent
there is a consideration of other campus
safety is at the repeat perpetrator but
the others in the community it is the
age of the victim is younger is also a
controlling interest they're putting it
off mandatory requirement now I'm just
forecast undertake that assessment at
the end no matter what whether the
survivors till the 14 even if there is
or is not an obligation for Kansas 54
have made some type of remedial action
you can be as simple as a training which
doesn't have to involve survivor and it
doesn't have to involve the school
reform southbound
can also be at school record with other
survivor and it's playing
till after that initial report their
rights around interim editor survivors
are even be free from ongoing hostile
environment created by the violent
sexual harassment laws mediation that is
not an appropriate interim measure for
sexual violence like to think that died
back in 2011 won the title my diet food
very clear that wasn't allows the bill
comes up and it should be something as
advocates we are are not supporting it
doesn't mean that there can't be a
survivor input to any sanction that the
greet you at the end of the hearing that
really does mean that the survivor and
that you should not be put fifty states
and forced to work and I'll transform
injustice model may have a different
variation that right now the federal
government has not acknowledged that has
not actually shown an ability to drive
factional violence then either knew the
things that are right that can attach
right away when is the international
space between recording in any type of
sharing an outcome is an obligation to
eliminate a hostile environment a lot of
us have advocated for survivors get
no-contact orders there is also the
option of internal tensions and we'll
get to that later we talk about best
practices how did we get to the end it
in the interim it is possible something
I'm really I think it for something as
your toolbox will circle back there
later on to prevent reoccurrence
obviously restructuring campus visual
making sure that no contact order is
very specific about what areas
individual can enter what the safe word
recognition works interactions are
limited and of course to address the
fact immediately having interesting
accommodations for Survivor and although
again remembering that the obligation
extends beyond survivors to campus
community look like the survivor has
opted for a full copy cats were coming
to the meeting after the kids right the
church fire line on life after all
justice system which make victims nearly
wet and Lily to charges of the process I
am I really bring survivors and evil
party an advocate for themselves in
house right to present and to have an
outcome that ideally both problems in
our political parties rights are to a
prompt investigation that day window
there have to be justification for any
delays a lot of times mutual the accused
obviously have right to profit but will
opt to delay that in an effort
often to avoid negative outcome because
victims have a comparable right next to
you within 60 days and I'll talk more
about how the Clery Act actually further
that
ability to advocate for puncturing the
moment and social rights are to have
this thing access for signing think
options for 10 years witnesses
information for suspicion and yuri is to
make sure that information is provided
at the theater doesn't come about any of
you right and something I always like to
point out because i think is often law
the sanctions that are you then there's
actually write for survivors to make
sure that these sanctions doin stocks
ready the hostile environment so that
the pic attacking summer suspension
probation for what is a serious act of
violence there actually are victims
worried that counteract that he argued
against that first their appeal and
ultimately through a trial mine complain
intercourse lasts very deeply important
race that I think has not gotten enough
attention in recent months the right
against retaliation for television is
considered by Kate form of Texas for a
nation it is a violation of title nine
just like anything else and that include
intimidation threats coercion lot of
time survivors will come in a report
retaliation as far as like social
ostracism you have individuals for her
great flight they recorded a fraternity
or returning member and all the fun they
are being ostracized the first lien that
standard does not hold it really is
something higher the intimidation and
threats the course and the survivors
really have to be keeping information on
that and of course during actual notice
to school one of the tragedy is to be
able to enforce the right of course you
need to give the school actual notice
that shocked at how the occupation
attached to them no survivors who are
discouraged her system that's in a
response from this they desire
often give up on this forming school
that retaliation and they lose the
opportunity to be protected and the
ultimate the opportunity to file
complaint so this is a very important
right and information that is always a
very helpful
a lot of it talks about in the 2000 and
1990 sexual
this obligation to prevent retaliation
obviously fence the perpetrators of
those who have been excused and
understandable but also to their
stewardship and oftentimes schools would
get it until contact order to use and
it'll be a third parties can contact on
your behalf but then other members of
her friends and go ahead and do that on
their own and schools will not have
given them notice against retaliation so
being really thoughtful advocate to make
sure that the protection of Sochi at
retaliation is free thought out there is
already signed was just give an example
because if you love you for eternity
membership will turn against the
survivor putting that entire
organization on those with a no contact
order might be appropriate and is in
fact right under Title not to score
school few not retaliate
quickly have a quick question about the
actual notice required for timeline and
the confidentiality provisions can you
just talk a little more about how those
relate I know you mention that I may
have to choose confidentiality but how
does that relate to the actual notice if
you could just touch on that thanks yeah
that's so that's a wonderful question so
again just to recap the little bit
before going this the answer under title
nine as far as well see you need actual
notice of someone with authority to
address the issue under title nine does
have to in fact be directly informs the
Department of Education has a lower
standard of your thing about title nine
complaints before the actual notice the
should have known as to what often
happens in watching a confidentiality
there's different levels of
confidentiality and there's complete
confidentiality which is often offered
by those lists her pledge were thinking
about pastoral kind of privileges
counselors were lightnin those
individual if they are informed by a
survivor
often does not constitute actual notice
because of the confidentiality
requirements but there are kind of
Radiance the confidentiality under the
Clery Act for example there are some
people like health professional
counselors who while they will not
report the specific incident still have
to report the crime statistics from
being alerted us under title nine the
2009 coordinators me not get the
specific you know who the victim is what
they're complaining up but we'll have
noticed you know you have another report
of a sexual assault from a football team
member and we have concerns around that
in that information those practical
support and that may constitute
reasonable notice that there is a
delicate balance and what's hard about
answering the question
much more specifically beyond that it's
cool to slide thru confidential and she
does not understand online you might be
designated as a responsible employee and
it's it's not possible for you to keep
the level confidentiality survivor may
want you will have to put up I recommend
you vision though to balance
confidentiality and then he should you
wish haha as a responsible employee is
true
report directly to the title nine
coordinator who ya gonna find patterns
of determination that way
confidentiality can be happy with it
when this
but what we see very often that kind of
violating altogether executions author
and illustrator fine example with a
resonant and find out and so they have
an obligation even if the survivor wants
confidentiality in rather than going
just too excited my coordinator ago the
head of Residence Life then get the
police then she hopes her mind where
does all that you didn't know was then
we have several people and
confidentiality is pretty much booked at
that point the hope that gives the
better spent with confidentiality is
your arms as they made it worthwhile for
employees which is something you have to
ask for school about you can make him
talk eventualities and meet other
editions by going directly to the title
nine court interpreter complained rather
than that she does command but again
your school they have very specific
requirements and those of you who may
work for the school should forestall the
hope that helps a little bit we
definitely will take more questions than
that at the end that's helpful moving on
to the Clery Act info just wanna cause
for the campus say that is the Clery Act
which episode of actors the name of a
bill that was passed through the
Violence Against Women Act as amended
the Clery Act the same
and carry out for one in the same and I
think that might be helpful
doesn't move the Clery Act and talking
about paula and talking about the chance
estate tax which is the main focus of
today's presentation so I'll breezed
through this hopefully many of you know
this if you do not know that i'm gonna
go ahead and recommends right now that
you download all flying the Violence
Against Women Act amended the Clery Act
again that's the same attempt estate
down with the regulations that just came
into effect July 1st 2015 because
everything you know about poison is laid
out in those regulations in more detail
than in the fact you so under the Clery
Act sexual violence is still covered
under the term sexual assault rape
discovered which i think most people now
but often science people forget that
fondling is also in fact included
insiders secretary for also included but
of course what you can kind of read
through the definitions of rape and on
selling below the good news is that
because the campus and updating the
Clery Act we now have a definition that
is not gender specific agenda ability to
advocate for any string affected by
sexual violence regardless of their
gender or sexual orientation or the
context in which the violation occurred
but I'd rather than sexual felt this
product sexual violence were talking the
other forms of gender violence including
dating dating violence a combination of
what survivors reporting they reported
internet or romantic nature of the
relationship with an individual and
yesterday action these hooking up that
question comes up a lot of partially
from
so as I guess if you're working with
police
explaining that the definition of dating
violence does allow less formal
relationships not the traditional dating
boyfriend girlfriend she's still fall
under this umbrella is important in that
determination of whether it is in fact
getting bounces the combination of the
three version of the site in the nature
of their relationship but also is the
fact that law enforcement or school
officials should be making using the
life of relationship the type of
relationship but again I can assure you
hooking up is in fact included the
handbook that will be coming out that
further defines it will go into that
discussion which has happened at the
Royal making committee announces of
course the center of domestic violence I
think most of us are familiar with not
there
obviously a deeper relationship whether
marriage a trial for how the tuition and
it really is actually governed by state
laws and is the only definition that
being efficient deference to state law
rather than providing the definition so
and of course last but definitely not
least often forgotten by official by
officers and unfortunately I advocate
through the climate docking which comes
up a lot even with other types of gender
violence and it's a very open definition
of a pic special note to make sure that
we're always a thing for the presence of
stopping its a course of conduct that
would cause a real person to fear for
their safety the safety of others for
tougher motional stress and there's
reasonable person standard is a very
liberal definition of first another the
same circumstances of the young college
female in circumstances and same
identity
or is it time for a specific yes we have
do you have any specific guidance
available about the definition used in
regards to impartial and or how that
relates to possible conflicts of
interest yes we are gonna get there a
little later so if you can play that
questioning him were talking about
sharing software that comes up most
often I will definitely make sure that
touch on that and then one error please
expand the balance between survivors
rate not to have institution investigate
with campus safety needs I've seen
investigations move forward when the
survivors opted to no longer participate
based on pattern of behavior it's ok I'm
sorry but like I mentioned I will circle
back and talk about conflicts of
interest in dinner under discussion at
that very very briefly bouncing survivor
interest between china thinks he needs
it is just that a balance there is no
right or wrong it really is the specific
to the circumstances in what would be
really helpful if you want more
information is download the 2001 and the
2011 and the sciences on title nine the
2001 actually breaks down very quickly
school should ask for Survivor consent
to the side they should just very clear
and direct information about protections
the store offers regarding safety and
prevention of retaliation in an effort
to encourage the survivors get things
done is the survivors still does not the
school has to independently determine
whether there is a compelling Kansas
City need is a review perpetration it as
a context in which is likely to work
with her again as there are you better
pattern formation of violence with that
group or organization with words coming
from
and that that quit if the school Thurs
yesterday so compelling proposition 8
they can do
of the lightest thing if they have
enough information to move to a hearing
without the system they could do that
they are in fact a lot to do so the
victim will not have to participate in
that hearing the toolkit if actually use
the information firm that survivors
report for that
not have a formal hearing till I get
strong enough about the participation of
consent and so maybe they have
alternative remedies may be that
individual student organization where
the report is coming from its targeted
training and monitoring you often have
schools will cost for example for
training is on underage alcohol serving
because they can I get them on sexual
violence there are two different methods
to EV 50 same problem that's the short
answer and again I have to circle back
at the end of the war with you for as
the victims Rights Act thanks to the
Clery Act so the race ever actually
really helpful I was there to the crew
reacted those of you who knows maybe
after frustrations with title nine being
cited and allowing wing is a Christian
making the right action really like to
share with a quick reaction for example
there is an option to it fortunately for
the actual statues of the Clery Act is
an option not to report is intact over
right for victims not troops were
interviewed the Queen which is very
important in jurisdictions where our
effort took and powell doctrine of
reporting will hopefully have fun to
circle back later to resolve those get
operations at all possible sanctions
every a protective measure that is
available
confidentiality can be trapped to play
anything we wanted and given that again
on on and off campus resources you can
feel that emergency care as well as the
course that we go through this again is
required to just like title knife
survivors also have raced in the interim
correct call the accommodation
these accommodations attached regardless
of whether they want to formally move
forward so clearly identifying as a
victim of sexual violence is right and
not have to act or process he admittedly
attach it should be provided the four
areas that the correct and besides
although there can of course be more
based on Survivor need academic building
workers transportation making sure its
cool have any academic the court is very
fucking please don't ever leave a
survivor talked to several people get
accommodation always try to educate
further to be one person their academic
advisor headline coordinator the school
has a designated advocate make sure they
have the authority business sold point
of contact the help of survivor and
easily get his accommodation living
situation are often related facing
making sure that they are let out of
town think on track
absolutely after money back if there is
a delay or changing called and it's not
close to the heart of these
accommodations that's a good opportunity
for other than seen in the course of a
work on campus or your chance of
Transportation remembering that they
have the right to be assisted in the
areas as needed
so here's why such a little bit on big
conflicts of interest that was right so
going into campus hearing I just how do
the trial nice life but I will label I
don't mind the Clery Act two absolutely
mention local real and perceived
conflict of interest schools are
supposed to be revealing who is in fact
on the Education Channel where does
individual as an advocate get the name
for that hearing ever start she know
when you get the date of the hearing who
was on that panel and whether they have
a real or perceived conflict of
interests that can be addressed by the
school that's really the opportunity to
have that conversation has seen many
schools wait in August 12 students alike
enjoy hearing and 100 I was the first
and fortunately sharing is canceled a
scheduled it's the worst case scenarios
are looking for a profit sharing on this
year
other rights under the Clery Act which i
think are very valuable just like travel
minor first populace so does the area
but there was still a query on stilts
further the toughest thing that says
Dassault regulations that say any delays
have to be cooked for a good day and it
have to be in writing without that you
actually have a violation of the terms
rightness of even say hey look there's a
good cause delay in writing that you are
given to us for our records
you cannot in fact delay again
equal rights was in the hearing what is
nice about the reactors it goes further
to give concrete example title nine is
more guidance in a just a different
situation
nuclear reactor single pieces in there
and there must be an adviser choice for
survivors here is an opportunity for
advocates be adviser of choice means any
choice on campus workers off Canada's
workers bring about friends different
parenting therapists you could bring a
lawyer and its packed a lot of Survivor
you are up against
used with lawyer may want that option
because we are seeing defense attorney
is not just helping these hearings but
perhaps later while in Waukegan
survivors school in which the survivor
still gets roped in as a witness so
great opportunity and a half where that
the table if there's a kind of level of
need and again
access to a lot of witnesses and
information and more on the written
notification very similar to mine but
again going just one that Fox farther
now only is there an outcome in writing
that there is a reason for the finding
that you're getting letters there is
insufficient evidence
period that is not meeting the standards
of the career fair violating federal
regulation that the man's there be a
reason and the justification for that
reason it is because the survivor also
has a right to appeal if they don't know
why was the way how can they appeal it
was a logical extension of the statute
and within that regulations reason for
the finding and even a reason for the
sanction why was the semester secession
appropriate how does that actually
remedy the hostile environment is again
your advocacy training center what
thinking has given is that when he is
there justification in your written
decision you're doing both federal laws
come into play there
also said that there is a right to be
informed of any changes to results are
not just talking about the outcome of
the appeal outcome for the finalizing
result and he change so we have a
defense attorney who behind the scene is
working to get into a plea bargain for
the student he got a notice the
suspension of the business that's very
thoughtful she'll actually withdrawal
and wave you know any right to life if
you just allow congratulate bill because
only seen as chases Virginia Wesleyan
has sample of that has graduated our
site has not been a lot of the graduates
will get a physical before my those
factors like an activist it graduated
any change to result survivors to get
noticed and because they're going to
notice that they have I could write this
should also have an opportunity to
intervene to prevent those factors he'll
just have to trade your day with school
and the very last right before we
transition is more press actresses were
I definitely again encourage lots of
questions as they come up is protection
its retaliation it exists under tight
deadlines under the Clery Act something
I should mention another big bonus of
the Clery Act require campus if that
matters
$35,000 maximum fine attaches for
violation so there's a little more
checks to a lot of these right title
nine the sanction is removal but our
funds which has never been done a lot of
times to make a voluntary agreement to
resolve issues but there's actually a
cock the violation of rights under the
Korea so I just toss here for a moment
just changing time I'm going to do my
back to get all the way to the end I
made for the info on the last section
about what's on the horizon of such a
nerd briefly they really want to get
into the meat of those best practices I
showed them as it goes through but i
wanna kind of highlight a few of them to
opportunities for advocacy around that
initial reporting if you are looking to
get a survivor very early in the process
and they're deciding to make a report
and they do know already they want the
formal process getting in there being
part of that because under the Clery Act
they're allowed an advisor and that's
not just in hearing but for any meeting
related to the Secretary sharing you can
actually go in with us survivor and
advocate that they're being single
thorough written interview what the
jurors will have to keep trying to prove
useful in make it very clear that that
survivors will interview follow-up
question on one occasion you do not want
your survivor stuck in a situation where
we've had our clients where there's a
very prolonged every week more questions
with questions like fashion but some
plain survival can be broken down
always feeling like that the defendant
explained repeatedly so really getting
in their early is that was wanted by the
survivor again there's also of course
confidentiality and you have a survivor
thinking about recording directing them
to the appropriate initial resource
against how were your privilege faster
off at airport acted to our other
designated confidential personnel will
just have to say
and looking that up is important but
make sure that if confidentiality and
not being maintained that the survivor
comes soon says I already closed the IRA
and worried that there is a big change
anything that you can do early to get
the complaint again not to go through a
chain of several people but you go
straight to the fire line coordinator to
the source file I corners and maintain
confidentiality and obligation of
mandatory reporting which is simply to
detect patterns of discrimination of
campus campuses are still figure out are
there hot spots for sexual violence or
sexual harassment because they do have
an obligation to every student to do
more training to do our effort maybe
even a few more thoughtful they're
hiring for how their supervision you
want that they think minimizing the
chain of command if you had an
opportunity is very important yourself
will continue to work on cars sold in
first year with the school to ensure in
again making sure when the school is
moving forward regardless of desires for
confidentiality I don't mind guidance
and 2000 and wanted to leave again in
2011 make very clear even a small moving
forward without consent
confidentiality must be maintained to
the highest degree possible and just
trying to unpack was that meeting due
process purposes such drivers name they
still be given to the accused if there's
a formal sharing best just required if
there's going to be sharing to lose the
tude of what happened to that survivor
but that does not mean they get to go
around a fiat other people are not
drivers and they still haven't
obligations she says hi potentiality
uniform moving forward without looks
like again unfortunately very similar to
the fact again I mentioned earlier no
source reporting there's a $35,000 pilot
he react state law of course to require
that and if we have trouble touch on
that but right now I don't know a lot of
summer fire at the Korea for checking
survivors from the Enforcement Division
police and again we've had the question
what if the driver doesn't want to move
forward there is actually all the
situations we get your at your job is
that are complete opposites we have one
survivor questions for several other
main perpetrator who do not and we
actually do on advocates of school being
as their 40 to remove this individual
because they look at it and isolation be
excused make the fantastic business
other broader picture you'd be gone and
so what I don't mind if you are
advocating from that position is that
actual don't even if it's given by a
third party isn't not to trigger actual
notice trigger that obligation under
title nine as long as there's
quote-unquote credible that is the guys
in flames but it's not mine so there is
a credible reports of school does have
to undertake that assessment
acknowledged the repeat perpetration
determine if those other cases can be
included in that hearing bill there's
only one victim who's moving forward to
48 others are no they're being their
story and in fact go into the fuming as
per the institutions obligation without
consent though they do have to weigh in
this will just have to make a choice for
you can be advocating for that
safety measures I talked about making
sure you think beyond the No Contact
Order there is such a thing in terms of
pension how do you advocate for that you
gotta know the school house these
amazing under interim suspension and
maybe other no trespass order some
school state school officers have
statutory guidance about when you can
affect individual forecast that even
temporarily so knowing what source of
information you need what entered the
action office for that date in often
find the revolver out of juice
circumstances when there is forty
physical evidence of violence in my mind
with my advocacy there's a rape kit
that's enough for me to push for that or
ongoing stress the safety service do you
mean so much as one checks threat or
something caught in writing or witnesses
the right rabbit and use that as a
justification for its interim suspension
there are courts that have upheld school
spending students just for the threat of
violence against another so there is a
lot of the judicial authority school
don't often default the thinking about
it
advocate that that's what I've heard
that's what's your fax Chris love to go
there if you are getting a no contact
order make sure that it's one way to
know of survivors sign the thing contact
order and read the things you need to do
is just like a restraining order it is
meant to protect victims against the
name of the no-contact order because
they're not instruct their rights are
not limited it is the accused his rights
are limited
temporarily during the interim
1300 completed goshi nation a lot of
people will just pick whatever no
contact order given do not do that if
there's a problem there is a gap as
acute and medially for it to be specs
some survivors want twenty five foot
radius from survivors want one dining
hall for themselves or they want certain
hours in the library to avoid the use
those are things that china should be
negotiated by fast
in the biggest thing that I can
encourage you to do is make sure it's
how you should section is listed in the
order so specifically everyone knows
what happens if there is a violation to
shoot me there should be left out
because what a lot of school through
we'll just talk to the accused to remind
them that they are not able to do that
is not sufficient we want to know that
there'll be an additional misconduct
charge you wanna know they'll be an
immediate investigation we do want to
note that investigation turns out in the
position to support the store clerk said
that will be added to the hearing they
could be facing more than one charged
committee hearing but you don't
negotiate that upfront an Italian a lot
of schools won't do it on the back
victim accommodation again just answer
my focus more on academic but always
politically talking to your survivor all
their needs to work on campus for the
transportation contact with its unit
what are they living arrangement but
academically your options you can change
schedule an awful thing about treated as
we've had some survivors about the
independent study or don't have to come
in and watch recording think outside the
box and be creative because the standard
under gold title nine in the query act
is reasonable that it's not if the
school bill life care not doesn't small
business all the time it's not is there
are already a federal law
standard is it reasonable
reasonable guess what they have to do it
to really frightening all your advocacy
around this is a reasonable
accommodation that can happen is very
feasible something unreasonable for
example if you'd have to hire local new
professor or have a whole new course
created when one survivor that's what
we're talking about whether or not
unreasonable in make sure although quick
reminder a lot of survivors not recall
54 combinations of her childminder
queria he also has it for disability
88 section 504 if a survivor has a
diagnosis make sure connecting them with
services
it touched a lot on how to help during
investigations that again see you again
having one reports and only one
follow-up I would kind of be on guard if
you're getting a lot of questions that
are about defense and offense could
prove whether or not the actual temp
workers but maybe it actually character
of those about a different way this
opportunity to remind school and
investigation thus make sure there is
evidence of a violation just sharing
opportunity to go into defensive so
really kind of being on guard
encouraging than that the issue of the
prompts and for any devices to be
addressed during curing where there's
appropriate equitable procedures giving
a timeline hope front where the process
for survivors is actually an obligation
of the 30 acts think you can save school
should have been line should have a
general sense though one in the theater
group will be too what with a caring
professional in in the dishes without
title nine but there should be something
maybe that's something you want other
cute works on a weekly email every
Friday what has happened what's going to
happen where they are on their timeline
are they on planes to this is pretty
girl like you guys during the hearing
advocating for acquittal like you know
really intervening if there is any kind
of creation of a hostile environment
that's what the next five hundred goes
into there's a lot of opportunities with
ensuring to make sure that there's a
fleeting letter that asking the panel to
review questions and accused me often
have to approve them to make sure
they're not otherwise filings I don't
think I would even encourage you if the
school does direct cross-examination of
an excuse to a victim declining and
saying I don't mind the scourge of that
and we are ready to file complaint if
you want to do that and then again
offering this alternative but to get the
question to the panel we can work with
you as a good way to avoid issue also
encourage you to create objection and
that evidence before you go into a
sharing if you're an adviser in serving
in that role their school may not allow
directions but there's always title mind
that the channel a hostile environment
even if you're so they're asking a
previous sexual history just what you
can inject under the 2014 guidance their
specific language thing you cannot go
there so really preparing political
objections what would you anticipate you
block his new federal law and guidance
and famous rule really talking to lisa
Lawrence thing we want to make sure
witnesses are you presenting evidence or
have direct testimony don't want him
after his work and wild accusations from
witnesses and very last known sanctions
really make sure that you are asking in
the hearing collection you wanted the
survival on expulsion driving for that
if they're open to the session gnashing
that is well known ever allowed to say
that now playing election papers
training is a tension it's not it could
be a condition that's not a negative
consequence these are not negative thing
so they're not sanctions but make sure
that you for sanctions and everything
else is clearly did it as a condition so
I did anticipate going over just a
little bit there's one minute over and
let you just look for it on the horizon
we have
have the bill in congress also hope that
the way they enter a lot around
enforcement of town on the Clery Act
four by any other cute for comfort on
campus and very happy to answer
questions about those of you have later
federal resources coming out there is
gonna be campus at you later training
criticized the federal government for a
pilot will come out very soon and that
handbook on the campus there's a convo
on the Clery Act is coming out as well
as a meeting in a few weeks ago and last
but not least confidentiality force
recording and dukakis concerns we need
challenges that we need great attitudes
around those who have followed question
and you are able after today you can
decorate you know I am willing to take a
few questions at the end there are any
you talked about the differences between
Cleary and title nine and there being
some advantages to some of the
provisions in query how would a survivor
I know those two overlapping way that
you choose ortega utilize some of the
beneficial provisions and clearly is
there a specific way they would do that
or you know what I mean yeah it is and i
think thats worries if we have to either
think about you know direct advocacy or
creation of resources I don't think a
lot of schools are going to go ahead and
do it overlaps title 1938 the Hindu
survivors but that is information and
other programs education has created out
of the ordinary course you can't just as
bad as I just as we have one used in a
truly feel it in the actual version but
those are things that survivors can know
about a Julia though you know survivors
are obviously home prices they're
worried about immediate needs such as
ongoing education how justice and social
advocates were thinking from a legal
perspective where the right what can be
healthier I think that's where you
really come there knowing the overlap in
advance and taking advantage of which
one balances that I'll I think a lot of
people know about title nine in aren't
as up on the Clery Act and the
regulations just went into effect July
1st there now responsible for education
for it so I think that's that's where a
lot of the advantages will start to come
your question
under one of the advocacy
recommendations for investigation you
sent talked about having the right to
bring adviser present during meeting
when he said by there are you thinking
at like academic advisor or like any
other person that like influential in
that you didn't like you know like is it
just the victim as a kid or we also
recommend extending that to Lake you
know they're part of this June group had
an academic advisor
yeah so the TripAdvisor just returned
home from the Clery Act both victims and
accused has the right to live by jerks
white so this rate attaches to any
meetings though she added with the
institutional disciplinary process and I
will pilot has a kid I stretched as far
as I can not technically if you're just
talking about accommodations for just
happy that they can measure the
regulation separate that from judicial
disciplinary proceeding but if you're
making the meeting as some conversation
about the pursuing anything the right
choices either and I think the choice of
food grain and really that's what
survivor some thought the play what do
they want someone who can protect
against the penis later on we have a lot
of student groups that works like an
upcoming advisers of trade and the
disadvantage is an accused comes along
through the school to the survivor and
subpoenaed by their choice unless
they're a warrior or comfortable out
there has been privileged what states
have advocacy privileges they are going
to be subject to that the few nights
though I think being thoughtful about
hoover's and there is a survivor choice
and it may be based on we are there
really looking for solutions just
talking with academic do not worry about
legal implications down the road in that
case sure I could be an on-campus
advisor if the off-campus educated
parents and friends here really cannot
be limited by its cool the answer
questions
yes thank you
other question
gmail account a website Twitter you want
to meet us and we are very happy at for
justice minister any work work by your
shape of fashion while offering a credit
rating to shun any follow-up is needed
and we also support changemakers you're
at your school
you want to advocate for some policy
changes we can give you the background
support during a break in on the outside
and you want to make some changes or
work address the specific issue here or
if your car you but thank you so much
for joining it is my pleasure and I look
forward to supporting you all your
meeting as a group page the future thank
you
ok well thank you so much
Laura I think we're really privileged to
have you can provide this information to
share your story and to really provide
this in depth and tastic overview of the
federal 2009 and the Clery Act's so I
just want to extend a big thank you to
you for taking your time to present this
really fantastic information so thank
you very much
ya think you already have a great game
