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As a Student Development and Leadership student and while working within higher education I am involved with Student Services and other leadership departments to ensure a safe environment for all students. This padlet will help the employees within Student Services understand the responsibilities and goals of Odessa College employees to prevent any type of sexual assaults toward the Odessa College family. My legal guide topic is extremely important to the field of higher education for two main reasons. One reason, is an increase in sexual assault cases on college campuses.  In addition, Student Services need to increase their awareness of due process for all parties. I chose the topic of sexual assault on campuses because the laws set by the state have increased to encourage colleges to maintain a safer environment. It is important for all employees within higher education to receive training and preparation to protect all parties.

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Kristi Clemmer is the Executive Director of Student Completion at Odessa College. She is part of the Behavior Intervention Team which is a group that conduct investigations for students that are experiencing abnormal behavior. The team was created to provide a place for students experiencing areas of concern, like sexual violence to be reported. The team also has resources available for the students in need of services. Mrs. Clemmer expressed that sexual violence is of great concern for Odessa College and they want to maintain a safe environment for all of the students. Odessa College finds it important to keep the line of communication and educating the students on sexual violence an ongoing process. Three best practices that are implemented at Odessa College is education on sexual violence, provide open communication where all students know who to report any incident to, developed red flag technology. The red flag technology is a program that tracks attendance, tardiness, and grades to ensure constant behavior monitoring. An emerging issue with sexual violence is how to proceed with due process while investigating a claim to ensure that all parties are protected.

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NASPA released an article in January 2020 on how institutions provide support for the respondents in any Title IX cases by conducting a research study. In the past many schools have been accused of not providing proper resources or not taking the correct approach in Title IX cases (Dunlap, 2020). The article provides useful information about how college campuses are coming together to provide proper resources for the respondents and staying with compliance laws. The article is important to the topic because of the focus of insuring the respondent receives due process.

Dulap, J. (2020). Report highlights myriad ways institutions support respondents in Title IX cases. NASPA, Retrieved from https://www.naspa.org/blog/report-highlights-myriad-ways-institutions-support-respondents-in-title-ix-cases

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Brett Sokolow is the president of the Association of Title IX administrators and he wrote the article to help prepare other Title IX administrators for the changes that were made.

He advises that schools should start implementing change gradually but in a timely manner.

The article discusses providing a process for the victim and the respondent.

The Title IX changes offer clarification on the importance of reporting any sexual assaults by all higher education staff.

Schools should discuss and plan for the process that will take place on their campuses for everyone involved in a sexual assault case including the respondent.

The article is a good resource for providing information to college campuses of what areas should be addressed. At Odessa College the Student Service Department will need to continue to meet for the purpose of how to supply resources for the victim and the respondent alike.

Sokolow, B. (2020). OCR is about to rock our worlds, Inside Higher Education, Retrieved from: https://www.insidehighered.com/views/2020/01/15/how-respond-new-federal-title-ix-regulations-being-published-soon-opinion

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Schools, across America, are addressing policies and procedures for Title IX.

According to the article higher education campuses are held responsible within the courts for lack of prevention of sexual assault crimes taking place among their students.

Prevention of these crimes can be established by educating students on these sexual assault laws.

Prevention can also take place by providing students with a process of how to report and who to report a sexual assault crime to.

The courts are also analyzing if the reported case was handled in a proficient and timely manner with adequate amount of resources provided.

This article is a reminder and warning to all college campuses that if the Title IX processes that are not conducted in compliance the school could be held accountable in the court of law.

Anderson, G. (2020). Increased legal scrutiny for sexual assault policies, Inside Higher Education, Retrieved from: https://www.insidehighered.com/news/2020/01/31/appeals-court-holds-university-liable-ineffective-title-ix-policies

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Education Amendments Act of 1972, 20 U.S.C. §§1681 - 1688 (2018).
Statutory Law
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1681&num=0&edition=prelim

The Title IX amendment is important to education for equality to all students with respect to facilities and safety.

This law is  known as the Title IX law that prohibits discrimination based on gender.

Prohibits sexual assaults on individuals.

Prohibits stalking of any individuals.

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S.B. 212, 86th Legislator (2019)

Statutory Law

https://www.legis.state.tx.us/tlodocs/86R/billtext/html/SB00212F.HTM

The Senate Bill is important because it shows how employees within higher education are responsible to take action and will receive consequences if they don't report.

The Senate Bill 212 is a law that went into effect January 1, 2020 that requires all employees working within higher education to report any knowledge of sexual assault.

Prohibits any interference with participating in education.

Someone that reports in good faith can not be held liable in civil or criminal charges.

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Tex Penal Code § 22.011 (2003)

Statutory Law

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm#22.011

The Penal Code provides definition of sexual assault that will assist in higher education review teams to determine the actions that are required.

The Penal Code describes what is sexual assault for children under the age of 17.

Describes details in what is all considered sexual assault.

Clarification that citizens holding authority positions may not engage in any sexual activity with people under their authority.

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Franklin v. Gwinnett County Public Schools, 503 US 60 (1992)

Judicial Law

https://supreme.justia.com/cases/federal/us/503/60/

The supreme court case is important as a reminder that all schools are held responsible for their students safety and may have to pay monetary damages if proper procedures were not taken.

The Supreme Court found that Gwinnett County Public Schools was in violation of Title IX and the court determined that the student was intitled to monetary damages.

The court case also determined the awarding of appropriate relief does not increase judicial powers but safeguard against legislative and executive abuses.

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Odessa College has a no tolerance law for sexual harassment that applies to all students and staff.

This law is set in place to provide a safe learning environment for all students.

The law educates students of proper behavior that is expected.

This no tolerance law is important to the topic for public awareness to all parties.

Odessa College. (2019). Odessa College Student Handbook (Pamphlet). Odessa, TX: Odessa College.

https://www.odessa.edu/current-students/student-handbook/Student-Handbook-2019-2020.pdf

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The College Student Educators International Association provides ethical principles for
employees working within higher education institutions. The fifth principle is important when learning about Title IX laws. The principle states to maintain accurate knowledge of all laws and regulations pertaining to privacy of student records. An employee working with college students that report sexual assault must keep all information confidential with only reporting information to proper administrators.
This principle represents the importance of understanding due process within Title IX.

ACPA. Statement of Ethical Principles & Standards

https://www.myacpa.org/sites/default/files/Ethical_Principles_Standards.pdf

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Mother Jones magazine released an article in October of 2019 on the subject matter of the rise of sexual assault cases on college campuses. A survey was completed with thirty three large campuses participating, showing that one out of every four undergraduate students are sexually assaulted as a college student. Of the amount of sexually assaulted students only 30 % reported the crime. The article shows how important education to the students about sexual assault can be for the students.

Pauly, M. (2019, October).The largest-ever survey of campus sexual assault shows how outrageously common it is. Mother Jones.Retrieved from:
https://www.motherjones.com/crime-justice/2019/10/campus-sexual-assault-survey/

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Educate staff frequently on laws pertaining to sexual assault and notifying staff on reporting responsibilities

Educate students on the definition of sexual assault and what their rights are as a student

As a student services employee participate in committees overseeing the protection of students

Create a policy for equal resources being offered to the victim and the respondent

Provide a due process for all parties involved in any sexual assault cases

Evaluate reporting procedures to ensure the procedure is timely and efficient

As a Student Services employee each is responsible to maintain their own professional development to maintain their knowledge of Odessa Colleges reporting procedure.

Each staff member is responsible for maintaining the requirements from Human Resources and completing all required training and documentation.