A Legal and Ethical Principles Guide on Campus Sexual Violence & Reporting Procedures for ASU VETS Department Staff by Roger Zehr https://padlet.com/rzehr2/aulacb3gkxjbkl95 Legal and Ethical Principles Cumulative Project en-us 2021-11-24 22:07:30 UTC 2025-10-14 21:51:44 UTC hello@padlet.com Slide #1 Professional Perspective rzehr2 https://padlet.com/rzehr2/aulacb3gkxjbkl95/wish/1911377345 As a military officer studying administrative leadership, I feel it is my duty to help educate staff that directly services our military members on sexual violence & reporting procedures. I believe the Angelo State University's VETS office is a perfect place to provide this legal and ethical principles guide.  This guide will not only help to provide a better understanding of this topic, but it will also highlight the importance of your position in serving our servicemembers.   

I have chosen this topic because even though I have witnessed a significant positive change in how the military is handling this issue such as updated sexual violence training and the creation of the Sexual Assault Prevention and Response Office, I know we still have a way to go. Your office can make a positive impact on the servicemembers that attend ASU.  I thank you all for your dedication to our servicemembers and in helping to protect the members that service this country.



]]> 2021-11-24 22:15:18 UTC https://padlet.com/rzehr2/aulacb3gkxjbkl95/wish/1911377345 Slide #2 Summary of Topic rzehr2 https://padlet.com/rzehr2/aulacb3gkxjbkl95/wish/1911378095 Sexual violence is an endemic problem in our society.  As our military is made up of this society, unfortunately negative aspects such as sexual violence leak in and plague our services. A large-scale study of active-duty Air Force women found that 9.5% of women reported a rape experience occurred while serving in the military (Bostock & Daley, 2007). Whereas the rate of sexual assault in the military is high, it is also likely that the reported numbers are significantly underestimated (GOA, 2008). The GOA investigation also found that between 13% to 43% of military personnel even after receiving training did not know how to formally report an incident.  

These issues in the military are no different than the issues you may witness on the Angelo State University campus.  Sexual violence exists on campus and students may not be aware of how to report these incidences. Law and policies on sexual violence are constantly changing due to the changes of our society.  The use of technologies, what constitutes "dating", and even the definition of "marriage" are some examples of these changes.  As laws and policies change, it is important we understand what our obligations are to protect and educate our students on sexual violence. 

Bostock, Deborah & Daley, James. (2007). Lifetime and Current Sexual Assault and Harassment Victimization Rates of Active-Duty United States Air Force Women. Violence against women. 13. 927-44. 10.1177/1077801207305232.

Government Accountability Office. (2008, August, 29). DOD's and the Coast Guard's sexual assault prevention and response programs face implementation and oversight challenges. Retrieved October 16, 2008, from http://www.gao.gov/new. items/d08924.pdf  ]]> 2021-11-24 22:16:18 UTC https://padlet.com/rzehr2/aulacb3gkxjbkl95/wish/1911378095 Slide #12 Non-Law Source rzehr2 https://padlet.com/rzehr2/aulacb3gkxjbkl95/wish/1911378445 As staff members for the VETS office, it is important you understand not only Federal, State and Local sexual violence policies but also what policies the military has.  All servicemembers are held liable under the Uniform Code of Military Justice, so there are additional avenues of reporting and dealing with military members that are involved in a sexual violence situation. 

 The DoD Sexual Assault Prevention and Response Office (SAPRO) represents the Secretary of Defense as the central authority charged with preventing sexual assault in the military and facilitating recovery for survivors (Department of Defense Sexual Assault Prevention and Response Office, 2021).  This professional association's webpage (https://www.sapr.mil/) will provide you all the sources you need to handle situation involving the military.

Department of Defense Sexual Assault Prevention and Response Office. (2021, 12 1). SAPRO Overview Slick Sheet. Retrieved from SAPR Home: https://www.sapr.mil/sites/default/files/SAPROOverviewSlickSheet_20160725.pdf

Home | SAPR
]]> 2021-11-24 22:16:45 UTC https://padlet.com/rzehr2/aulacb3gkxjbkl95/wish/1911378445 Slide #5 News Article rzehr2 https://padlet.com/rzehr2/aulacb3gkxjbkl95/wish/1911379445 In an article posted by NBC news, Leigh Ann Caldwell reports that congress is attempting to enact the most comprehensive overhaul of the military justice system in decades.  Approving the current version of the National Defense Bill would transform the military justice system by taking sexual assault and other serious crimes like murder and aggravated assault out of the chain of command to be investigated by independent prosecutors (Caldwell, 2021).

There has been huge support for this as the current version of the Uniform Code of Military Justice (UCMJ) allows for non-judicial punishment against military members that commit acts of sexual violence.  Non-Judicial punishment is handled at the Commanders level in which the Commander may take whatever action they deem appropriate against the perpetrator. 
.
 

Caldwell, L. A. (2021, 12 1). Overhaul to address military sexual assaults risks being nixed from defense bill. Retrieved from www.nbcnews.com: https://www.nbcnews.com/politics/congress/overhaul-address-military-sexual-assaults-risks-nixed-defense-bill-rcna7111

]]> 2021-11-24 22:18:01 UTC https://padlet.com/rzehr2/aulacb3gkxjbkl95/wish/1911379445 Slide #4 News Article rzehr2 https://padlet.com/rzehr2/aulacb3gkxjbkl95/wish/1911379488 Lopez (2021) explains how the Department of Defense (DoD) held an Independent Review Commission (IRC) on its policies and practices of handling sexual assault.  Secretary of Defense Lloyd J. Austin III accepted all of the recommendations from the IRC.  Secretary Austin stated, "On my first full day as secretary of defense, I committed that we must do more as a department to counter the scourge of sexual assault and sexual harassment in our military".

Chief amongst the recommendation accepted by Secretary Austin was stripping the authority from Commanders to decide how to move forward when made aware of a sexual assault.  With commanders no longer allowed to handle the prosecution of sexual assaults, the department plans to create dedicated offices within each military service to take over the role.

Lopez, C. T. (2021, 12 1). Sexual Assaults Will No Longer Be Prosecuted by Commanders. Retrieved from U.S. Department of Defense news: https://www.defense.gov/News/News-Stories/Article/Article/2681848/sexual-assaults-will-no-longer-be-prosecuted-by-commanders/
]]> 2021-11-24 22:18:04 UTC https://padlet.com/rzehr2/aulacb3gkxjbkl95/wish/1911379488 Slide #6 State Statutory Law - Reporting Required for Certain Incidents rzehr2 https://padlet.com/rzehr2/aulacb3gkxjbkl95/wish/1911379519 The Texas Education Code outlines the mandate for postsecondary educational institutions and employees to report sexual harassment, sexual assault, dating violence, and stalking (Tex. Educ. Code § 51.252)  
  • This statue ensures that employees of postsecondary educational institutions understand their obligation to report such incidences.  
  • Reports must include all information concerning the incident known to the reporting person including whether an alleged victim has expressed a desire for confidentiality in reporting the incident. 
  • A victim is also not mandated to report sexual harassment, sexual assault, dating violence, or stalking

Reporting Required for Certain Incidents, Tex. Educ. Code § 51.252. https://statutes.capitol.texas.gov/docs/ED/htm/ED.51.htm

]]> 2021-11-24 22:18:07 UTC https://padlet.com/rzehr2/aulacb3gkxjbkl95/wish/1911379519 Slide #7 Federal Statutory Law - Campus Sexual Violence Elimination Act of 2013 rzehr2 https://padlet.com/rzehr2/aulacb3gkxjbkl95/wish/1911379583 The Campus Sexual Violence Elimination Act (SaVE Act) of 2013 outlines the requirements for each institution of higher education to develop and distribute policies regarding the prevention of domestic violence, dating violence, sexual assault, and stalking (Campus Sexual Violence Elimination Act, 2013). 

 Prior to the SaVE Act, the ways in which self-reported victimization impacted students went largely unaddressed. For example, the Clery Act explains what must be disclosed, and requires schools to tell students to whom they should report. The problem is that the people designated to be reported to may or may not be mandatory reporters under other federal or state laws.  The SaVE Act is particularly sensitive to the rights of students to know the campus safety climate, what to expect if they disclose being victimized, and the responsibilities of the school regarding that disclosure. The SaVE Act, in fact, is quite extensive in its mandates on those procedures, stating that: 
  • Students or employees reporting victimization will be provided with their written rights to: Be assisted by campus authorities if reporting a crime to law enforcement; Change academic, living, transportation, or working situations to avoid a hostile environment; Obtain or enforce a no contact directive or restraining order; Have a clear description of their institution's disciplinary process and know the range of possible sanctions; Receive contact information about existing counseling, health, mental health, victim advocacy, legal assistance, and other services available both on-campus and in the community 

1.Campus Sexual Violence Elimination Act of 2013, Pub. L. No. 113-4 § 128. Text - S.128 - 113th Congress (2013-2014): Campus Sexual Violence Elimination Act | Congress.gov | Library of Congress
]]> 2021-11-24 22:18:12 UTC https://padlet.com/rzehr2/aulacb3gkxjbkl95/wish/1911379583 Slide #8 Federal Statutory Law - Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1998 rzehr2 https://padlet.com/rzehr2/aulacb3gkxjbkl95/wish/1911379651 As mandatory reporters, it is important we understand how we shape our institution with our responsibility to report.  Many students choose colleges based upon many factors (financial support, academic programs, family heritage etc.).  Crime rate is one of those factors and it is the institutions responsibility to be transparent with these statistics for students to make the best decision for their safety. 

This Act sheds light on its primary purpose: to inform the public about safety on college campuses in a way that lends itself to a comparative analysis for potential students and their families, and to provide administrators and policymakers with the opportunity to take steps to improve campus security (20 U.S.C. § 1092 (f)). 
  • In order to collect federal funding, the institution must collect and distribute campus crime statistics and campus security policies to any applicant enrolling and employee working for the Institute. 
  • The institution must establish policies that encourage accurate and prompt reporting of all crimes to campus police and appropriate law enforcement agencies, when the victim of such crime elects or is unable to make such a report.
  • A student or employee who reports that a student or employee has been a victim what be provided with a written explanation of the student or employee's rights and options of protective measures and existing counseling services for victims both on-campus and in the community.

Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 1998 (20 U.S.C. § 1092(f))[USC02] 20 USC 1092f: Early awareness of financial aid eligibility (house.gov)
]]> 2021-11-24 22:18:18 UTC https://padlet.com/rzehr2/aulacb3gkxjbkl95/wish/1911379651 Slide #9 Federal Law - Violence Against Women Reauthorization Act of 2013 rzehr2 https://padlet.com/rzehr2/aulacb3gkxjbkl95/wish/1911379772 The Violence Against Women Act (VAWA) created the first U.S. federal legislation acknowledging domestic violence and sexual assault as crimes and provided federal resources to encourage community-coordinated responses to combating violence.
This Act is updated every five years and builds on existing protections and programs to better meet the needs of survivors.  In 2000, it created a legal assistance program for victims and included responses to dating violence and stalking. In 2005, VAWA created new response programs to meet the needs of survivors and communities, such as prevention, landmark housing protections for survivors, funding for rape crisis centers, and culturally and linguistically specific services. VAWA 2013 enhanced access to safety and justice for Native American and LGBTQ survivors.
  
  • Punishable violations under VAWA include interstate travel to commit domestic violence, cyber stalking, interstate travel to violate an order for protection, interstate stalking, and firearm offenses.
  • Education programs to promote the awareness of rape, acquaintance rape, domestic violence, dating violence, sexual assault, and stalking are to be given to all incoming students and new employees.
  • Procedures that victims should follow if an incident has occurred, whom the alleged offense should be reported, and options regarding law enforcement and campus authorities are all required to be annotated in school policy. 
  • The accuser and the accused shall be simultaneously informed in writing of the outcome of disciplinary proceedings, appeal proceedings, any change in results, and when results become final.
  • No employee or agent of an institution shall retaliate, intimidate, threaten, coerce, or otherwise discriminate against any person reporting.

Violence Against Women Reauthorization Act of 2013. 42 USC § 13701. https://www.govinfo.gov/content/pkg/PLAW-113publ4/pdf/PLAW-113publ4.pdf
]]> 2021-11-24 22:18:26 UTC https://padlet.com/rzehr2/aulacb3gkxjbkl95/wish/1911379772 Slide #10 Local/Administrative Law/Policy/Rule rzehr2 https://padlet.com/rzehr2/aulacb3gkxjbkl95/wish/1911379817 According to the Texas Tech University System Regulation 07.06.A, The University is committed to providing an environment free from Title IX Sexual Misconduct of any kind.  This University will take reasonable steps to respond to complaints and investigations will be conducted in a reasonably prompt timeframe and in an equitable and impartial manner. 
  • Students seeking information regarding Title IX, to report sexual misconduct, or to file a Formal Complaint of Title IX Sexual Misconduct, should contact the appropriate University Title IX Coordinator.
    • Angelo State University:
               Michelle Miller: 325.486.6357
               email: michelle.miller@angelo.edu
  • Any individual may inquire or make a report or complaint of sexual misconduct of any kind.  
  • University Employees (including student Employees) that witness or receive information regarding an incident that constitutes sexual misconduct MUST promptly report such incident and information to the University Title IX Coordinator or System Office of Equal Opportunity in accordance with Texas law.
  • All Students and Employees, may also report incidents of sexual misconduct to law enforcement, including University and local police. Complainants may also decline to notify law enforcement of incidents of sexual misconduct.

Title IX Sexual Misconduct, Texas Tech University System Regulation 07.06.A. Microsoft Word - OP40.03_final version_12.14.17.docx (texastech.edu)

]]> 2021-11-24 22:18:30 UTC https://padlet.com/rzehr2/aulacb3gkxjbkl95/wish/1911379817 Slide #11 Ethical Principle rzehr2 https://padlet.com/rzehr2/aulacb3gkxjbkl95/wish/1911379872 Within the Council for Advancement of Standards (CAS) in Higher Education Statement of Shared Ethical Principles (2006), Principle I - Autonomy states that we must take responsibility for our actions and both support and empower an individual's and group’s freedom of choice. The areas of this ethical principle that aligns with educating and reporting sexual violence are listed below:
  • We believe that individuals, ourselves and others, are responsible for their own behavior and learning 
  • We promote positive change in individuals and in society through education 
  • We foster an environment where people feel empowered to make decisions
  • We hold ourselves and others accountable 
  • We engage in continuing education and professional development 

Council for the Advancement of Standards. (2006). CAS professional standards for higher education (6th Ed.). Washington, DC. https://www.naspa.org/images/uploads/main/CASethicsstatement.pdf  
]]> 2021-11-24 22:18:34 UTC https://padlet.com/rzehr2/aulacb3gkxjbkl95/wish/1911379872 Slide #3 Professional Association rzehr2 https://padlet.com/rzehr2/aulacb3gkxjbkl95/wish/1911379914 The Faculty Against Rape (F.A.R.) is a voluntary collective of faculty members across the U.S. who support standing strong with survivor to end sexual violence on campus (Faculty Against Rape (FAR), 2021). If you, as ASU VETS faculty, feel that you would like to be more involved in impacting how ASU deals with sexual violence, this organization can provide tools that can guide you along the way. This organization has listed 3 services they provide to fulfill their mission:

  • resources for faculty to best support survivors inside and outside of the classroom
  • tools for faculty who want to become more involved in reform efforts on their campus
  • support for faculty who are facing retaliation for fighting sexual violence on their campus

Faculty Against Rape (FAR). (2021, 12 1). Mission Statement. Retrieved from Faculty Against Rape: http://www.facultyagainstrape.net/
Faculty Against Rape
]]> 2021-11-24 22:18:38 UTC https://padlet.com/rzehr2/aulacb3gkxjbkl95/wish/1911379914 Slide #13 Recommendations/Best Practices for Compliance rzehr2 https://padlet.com/rzehr2/aulacb3gkxjbkl95/wish/1911379961 It is imperative that all ASU faculty comply with the legal and ethical guidance provided.  Below are my recommendations on how schools can ensure compliance:
  • Develop a virtual toolkit that provide facts, ideas, strategies, conversation starters, and resources to everyone on campus who cares about preventing sexual violence.
  • Contact the Sexual Assault Prevention and Response Office for a representative to come by to conduct military specific training to all ASU VET Staff.
  • Create a virtual HUB of free courses and training, designed to grow and support a community of practice for the prevention of sexual and domestic violence.
  • Implement a prevention model that engages students, staff, and faculty in shaping one of the single most dangerous social environments on campus through part policy and practice changes that make it safe to have fun. 
  • Build a relationship with Students Active For Ending Rape (SAFER) to conduct surveys to address campus sexual violence (SAFER, 2021). These online surveys ask campus activists about their prevention activities and beliefs about ending sexual violence on campus. 
  • Mandate that all ASU VET Staff attend the SAPR training at Goodfellow AFB in San Angelo, Tx. This would be free of charge and give great insight as to how military members are trained in responding to sexual violence.

SAFER. (2021, 12 1). Retrieved from safercampus.org: http://www.safercampus.org/application/files/5614/4598/5220/SAFER-Moving-Beyond-Blue-Lights-And-The-Buddy-System-Report.pdf

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