This article is an excerpt from the National Center for Campus Public Safety (NCCPS) whitepaper, "Practitioners' Discussion of implementing Clery/Title IX." This whitepaper was produced in partnership with University of Wisconsin-Madison Police, the International Association of Chiefs of Police, the International Association of Campus law Enforcement Administrators, and NCCPS.
In August 2014, a summit brought together US campus officials to discuss Title IX and other related legislation, including the Clery Act and the Violence Against Women Act (VAWA). Summit participants created a comprehensive list of issues and promising practices to consider as colleges and universities work toward better compliance.
1. Campus police officers must know the campus standards on a Title IX response because they may likely be the first official a victim will speak to after an incident. They must activate a pre-set action plan that includes getting the Title IX-trained investigator involved as soon as possible. These campus officers need to understand that their obligations and responses will likely diverge from those of the local police (municipal/county) when they (local law enforcement) investigate a non-campus related incident. Title IX only applies to sexual harassment or sexual violence involving a student or campus employee; however, because Title IX also applies to students and employees in the K-12 school systems, municipal law enforcement should also be familiar with those requirements.
2. Operationalize ways to get the information out to victims and all students (online and paper folders with all relevant information) before students arrive on campus. Disseminate printed information on Title IX/Sexual Violence through the housing or residence life programs, making sure resident assistants/house fellows distribute these materials to residents, particularly the most vulnerable, freshmen. This could be done in a group, house, or floor meeting as soon as residents are settled. RAs should follow up with missing residents or late arrivals on an individual basis. The dean of students or other appropriate office can also provide written materials.
3. The campus home page should also provide a link to the same information online. For a baseline, test the campus website(s) as students would look for relevant, easy to access information. A total of no more than four clicks is recommended to get to the needed information. If it is complicated, fix it.
4. Review the work of Professor David Lisak, University of Massachusetts-Boston, for some best practice recommendations.
5. Develop a case management team (Title IX officer, student conduct representative, detective,
advocate) to meet on a routine basis to track and move cases forward. This is not the same as the
threat assessment team, but it could have overlapping membership. Within this team, create a survivor support website with all other information linked. Use an audit of sexual assault cases to get more information for improving practices. Use this group to plan for a wrap-around approach to services.
6. Develop a process for on-going information sharing with local police agencies as needed for better analysis and also for Clery reporting. Involve local police with the Sexual Assault
Response Team (S.A.R.T).
7. Explore the possibility of the US Attorney (or the State Attorney General if there is jurisdiction) taking a case as a civil rights violation if the district attorney will not advance a solid case.
8. If a Title IX complaint is filed against the school and an audit becomes a possibility, it is crucial that there is one contact person to convey information. The old adage of document, document, document is especially true regarding sexual misconduct and Title IX compliance. All Title IX activity must be documented and kept in one place for easy reference at any time particularly during an audit. Creating a Title IX operational plan early if audited and networking with schools that may have been in a similar circumstance is helpful.
9. Although the new McCaskill CASA bill (if passed) would require that advocates be assigned to
victims, campuses may want to get ahead of the pending legislation and find a way to do this
now through their dean of students or similar offices. It will help the victim navigate the process
but also assure that the intent of Title IX rules are taken seriously. It was acknowledged that
adding these new positions, such as investigators, advocates, and Clery Directors, is an unfunded
mandate; however, those costs could pale in comparison to any fines levied for non-compliance.
10. While gearing up your campus for compliance with the many Title IX rules, it is imperative to
identify the Responsible Employees early and train them how to respond to reports of sexual
misconduct. To avoid future issues, employees should be trained on what information should and
should not be included in emails, memos, social media, blogs and websites, so they are sensitive
to liability concerns prior to writing and sending a communication using campus communication
channels. All of this chatter (social media, blogs, and websites) may be discoverable in a court case.
11. Chancellors or Presidents should be champions of Title IX from the beginning and
allocate the necessary resources. If needed for some particularly complex issue, a task
force with a specific charge could be created and populated with decision makers.
12. Use the National Center for Campus Public Safety as a repository for training and other Title IX/Clery
documents as well as a resource when Title IX questions arise. Adopt a victim-centered approach
when dealing with sexual assault reports while being mindful of all due process rights of the suspects.
13. Sexual violence on campus is not just one department's responsibility--it is shared among all on
campus, especially the police, dean of students, student health, student conduct, and advocacy
groups. Prevention is vital and can be enhanced by media programs, informational handouts, and
social media awareness campaigns from the departments involved. Creation of a Sexual Assault
Response Team (S.A.R.T.) with cross-campus and local partners can help perpetuate awareness.
14. Include prevention programs that specifically engage men in gender violence prevention.
To read the full whitepaper from NCCPS, UW Police, IACLEA, and IACP, click here.
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