mansfield university developing tomorrow’s leaders new and changing laws and the impact on...

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Mansfield UniversityDeveloping Tomorrow’s Leaders

New and Changing Laws and the Impact on Mansfield University

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The Clery Act

Title IX

Violence Against

Women Act

The Clery Act - Title IX - Violence Against Women Act

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The Clery Act (Originally The Crime Awareness and Campus Security Act of 1990)

The Educational Institution must maintain a log recording Clery Act crimes reported to campus police and annually publish and provide to students a report of crimes as well as policies and procedures for reporting crimes.

Clery Act Crimes: murder, sex offenses, robbery, aggravated assault, etc.

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Title IX of the Education Amendment of 1972

The Educational Institution is liable for student-on-student sexual harassment IF it has actual knowledge of the harassment

AND

for any staff’s harassment of a student IF the employee with the authority to take corrective action has actual notice but is deliberately indifferent to the employee’s conduct

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Title IX of the Education Amendment of 1972

“Dear Colleague” Letter – Not legally binding• Issued on April 4, 2011 by the United States

Department of Education• Broadened sexual harassment to include sexual

violence• Broadened reach of Title IX to include sexual

harassment at off-campus sites• Suggested “preponderance of the evidence” as

standard of proof

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Violence Against Women Act

• Enacted on March 7, 2013 and takes effect in March 2014

• Codifies aspects of the “Dear Colleague Letter” AND amends the Clery Act

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Violence Against Women Act

• Clery Act Crimes expanded to include domestic violence, dating violence, and stalking

• Hate Crimes expanded to include prejudice based on national origin and gender identity

The Clery Act

Title IX

Violence Against

Women Act

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Violence Against Women ActThe Clery

Act

• Educational Institute: Must notify all students about how to report offenses

• Victims: Have options of reporting crime to off- OR on-campus law enforcement OR not reporting to any law enforcement

• Title IX Officer: MUST conduct independent investigation AND provide notice to both complainant and accused about the outcome

Title IX

Violence Against Women

Act

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PA Auditor General Audit – Edinboro University

Three background checks required on all adults (hired/volunteering) on campus who are working with minors:• Act 34 – Pennsylvania State Police Request for

Criminal Records Check• Act 151 – Department of Public Welfare Child

Abuse History Clearance Act• Federal Criminal Record Information (CHRI) –

includes fingerprinting

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PA Auditor General Audit – Edinboro University

Third party users of campus facilities working with minors must:1. Conduct three background checks on all adults

hired/volunteering2. Supply the background check reports to the

University3. University personnel must verify that each report

shows an acceptable background clearance

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