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Friday, 11/8/13

Clery Act and Title IX Reporting

Webinar: "Implications of the Clery Act and Title IX for Overseas and Distance Locations: Legal Requirements, Recent Guidance, and a Discussion of Good Practices to Comply with the Laws and Reduce Risk"

Date and Time: Friday, 11/8/13, 1-2:15 pm Eastern - Register Today (for FREE!)

Description: Prior to 2011, Clery Act guidance contained little mention of Clery Act reporting requirements for overseas locations. The 2005 Handbook briefly referenced overseas locations actually operated by US-owned institutions. That changed significantly with the February 2011 publishing of The Handbook for Campus Safety and Security Reporting. The 2011 Handbook contained new references to counting crimes that occur overseas, including in private spaces and homes. Further guidance from the Department of Education in 2011 has clarified and interpreted some of those newly-published requirements. Determining what geographic locations are covered by Clery, what crimes are reportable, and how we learn of crimes in overseas locations can be tricky. This presentation will explain, in plain English, the standards laid out by the Clery Act in distance and overseas study, as well as the interplay between the Clery Act and Title IX for reports of sex offenses that occur overseas. The presentation will also include an update on Clery Act and Title IX reporting changes arising from the amendments to the Violence Against Women Act. There will be an opportunity for questions at the end.   

Speaker:
Joseph Storch

Associate Counsel
Office of General Counsel
State University of New York

Joseph Storch is an associate counsel at the State University of New York's Office of General Counsel in Albany, New York, and the chair of the SUNY Student Affairs Practice Group. In addition to comprehensive legal representation for SUNY Oswego, SUNY Cortland, Morrisville State College, and the SUNY Institute of Technology, he concentrates his practice on student affairs, intellectual property, the First Amendment, and compliance with the Clery Act.

Mr. Storch has trained several thousand attorneys and police and security, student affairs, judicial affairs, international programs, human resources, and environmental health and safety leadership and staff in compliance with the Clery  Act. Trainings include webinars and live presentations in New York, New Jersey, Illinois, Texas, California, and Washington DC. Mr. Storch was asked to co-present the session on FERPA and the Clery Act for new higher education attorneys at the National Association of Colleges and University Attorneys Annual Conference.

Mr. Storch is the author of three NACUA Notes on compliance with the Clery Act and authored the chapter on police and security for the forthcoming book "Town Gown Relationships" to be published in the spring by the American Bar Association.

Mr. Storch graduated Summa Cum Laude from the State University of New York, College at Oswego, where he served as Vice President of the Student Association and was awarded the Platt Harris scholarship from the New York State University Police Chiefs Association, and from Cornell Law School where he served as Chancellor of the Moot Court Board. After graduating, he clerked for the New York State Appellate Division, 3rd Department. He is currently completing a Masters in Public Policy with a higher education policy concentration at the State University of New York at Albany.

His writing has appeared in the Chronicle of Higher Education, Inside Higher Ed, The Albany Times Union, the Orlando Sentinel, the Albany Law Review, the Medical Trial techniques Quarterly, and Court Review: the Journal of the American Judges Association, and he is author of six peer-reviewed NACUA Notes. 

Resources to Share

Here are just a few resources for higher education administrators, students, faculty, and staff:

Overview:

  • The Handbook for Campus Safety and Security Reporting, US Department of Education, 2011. This 2011 handbook presents step-by-step procedures, examples, and references for higher education institutions to follow in meeting the campus safety and security requirements of the Higher Education Act of 1965, as amended. This handbook replaces The Handbook for Campus Crime Reporting.
  • Dear Colleague Letter: Sexual Violence Background, Summary, and Fast Facts and Fact Sheet: Dear Colleague Letter, US Department of Education, Office of Civil Rights, April 4, 2011. The Dear Colleague Letter (DCL) was issued to explain how the requirements of Title IX cover sexual violence and to remind schools of their responsibilities to take immediate and effective steps to respond to sexual violence in accordance with the requirements of Title IX and the interplay of the Clery Act.
  • Lead and Manage My School: Campus Security, US Department of Education. This site provides a number of helpful, practical tools, including an online tutorial about compliance with Clery Act reporting, training, statistics, and other resources.

In-Depth Resources:

  • Beyond Athletics: The 'Dear Colleague Letter' and the New Title IX Regime, James Keller, Saul Ewing, LLP, and Elizabeth J. Carmichael, Five Colleges, Inc.,  URMIA's 2013 Annual Conference (URMIA login required). It has been over two years since the Department of Education issued its "Dear Colleague Letter," meaningfully explaining, and many would say altering, the world of Title IX training and compliance. This session will explain the letter, its implications, and best risk management practices on your campus to comply with Title IX.
  • URMIA Webinar: Implications of the Clery Act and Title IX Compliance, Joseph Storch, State University of New York, February 2013. This initial webinar was so popular, we are holding it again as an encore presentation during this year's Risky Business Week, complete with updates and additional time for questions from attendees. View the original webinar recording above.
  • The Clery Act and Overseas/Distance Study: New Developments and Compliance Guidance, Joseph Storch, State University of New York, NACUANOTES.
  • Higher Education Compliance Alliance, National Association of College and University Attorneys (NACUA). The Higher Education Compliance Alliance was created to provide the higher education community with a centralized repository of information and resources for compliance with federal laws and regulations. Spearheaded by NACUA, the Compliance Alliance is now comprised of 29 participating associations representing a broad cross-section of higher education interests. These associations share a joint commitment to providing high quality resources on a diverse range of compliance topics as a service to the higher education community at large. Many of the resources on this website are freely available.