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4. “[T]he accuser and the accused are entitled to the same opportunities to have others
present during an institutional disciplinary proceeding, including the opportunity to be
accompanied to any related meeting or proceeding by an advisor of their choice....”
5. Accuser and accused must be notified “simultaneously” and “in writing” of: the outcome
of the proceeding; appeal procedures; any change to the result before it becomes final;
and when the result becomes final. The OCR Guidance Letter, at page 13, merely
“recommends” that the parties be provided the determination “concurrently.”
6. Institutional policy must address how victims' confidentiality will be protected, including
record-keeping that excludes personally-identifiable information on victims. OCR's
Guidance Letter, at page 5, encourages institutions to be cognizant of victims'
confidentiality, but does not mandate that institutional policy address it.
III. New Requirements to Educate Students and Employees on Sexual Violence
Under VAWA, new students and new employees must be offered “primary prevention and awareness
programs” that promote awareness of rape, acquaintance rape, domestic violence, dating violence, sexual
assault, and stalking. The OCR Guidance Letter, at pages 15-16, “recommends” that institutions
implement preventive education programs; VAWA is more prescriptive in its requirements.
The training programs must include:
A. A statement that the institution prohibits those offenses.
B. The definition of those offenses in the applicable jurisdiction.
C. The definition of consent, with reference to sexual offenses, in the applicable jurisdiction.
D. “Safe and positive” options for bystander intervention an individual may take to “prevent
harm or intervene” in risky situations.
E. Recognition of signs of abusive behavior and how to avoid potential attacks.
F. Ongoing prevention and awareness campaigns for students and faculty on all of the above.
Conclusion
VAWA’s ramifications include that institutions will need to review and modify policies and procedures
for handling asserted sexual offenses, and train carefully personnel responsible in this area. This memo
primarily addresses VAWA. Requirements under the OCR Guidance Letter, the Clery Act, Title IX, Title
VII, State employment laws, local human rights ordinances, or the sundry apposite regulations and
agency pronouncements are also relevant and should be reviewed. College and university counsel expert
on those and on faculty, student, and staff rights under institutional handbooks, manuals, and other
policies should be consulted. In light of acute sensitivities on campus in this sphere, and by parents of
students involved in these situations, and the common prospect of related civil and criminal litigation as
well as often extensive publicity, university leadership should give close reading and attention to VAWA
and its requirements.
Updated April 1, 2014