Sexual Violence Prevention and Response by Shelly Garcia https://padlet.com/sgarcia762/azb4z4v9u372ljw1 Legal & Ethical Guide Padlet en-us 2020-09-27 18:36:42 UTC 2020-09-27 20:23:44 UTC hello@padlet.com My professional perspective stems from my working as a college student affairs manager. I received my Bachelor's degree in psychology in 2017 and received my Academic Advisor certificate in 2019. Currently, I am working on my M.Ed. in Student Development and Leadership in Higher Education. I was formerly an admissions specialist and then was promoted to an academic advisor. The Legal Guide Padlet is a resource guide for people to understand sexual violence prevention and respond to current legal requirements. I chose this topic because in talking with student affairs professionals and students, the area of sexual violence and prevention is historically mishandled and misunderstood. The subject is essential for the student to understand how laws and colleges must be held accountable to the student body. College professionals must know how to handle allegations of sexual misconduct. sgarcia762 https://padlet.com/sgarcia762/azb4z4v9u372ljw1/wish/782640180 2020-09-27 18:47:15 UTC https://padlet.com/sgarcia762/azb4z4v9u372ljw1/wish/782640180 sgarcia762 https://padlet.com/sgarcia762/azb4z4v9u372ljw1/wish/782642048 I talked with the former campus title IX coordinator for Dallas College, which was formerly Dallas County Community College District, Ms. Harris
 Ms. Harris admitted that Title IX coordinator at a community college is not the same as being at a 4-year university that has dorms and fraternity.  
 Title IX is a federal law that prohibits gender biases and discrimination. Most times, the title IX coordinator is also in charge of any harassment or inappropriate touching or harassment of students or staff to which sexual assault and violence can be in the category of title IX
 
Best Practices of Sexual assault or Violence
 Student affairs staff:
 1) Communicate any issues or concerns to the school Title IX Coordinator for guidance and direction.
 2) Guide the student even if they communicate the fear of people knowing certain information. Learn how to report any incident. 
 3) Many schools get focused entirely on the response to incidents. Still, it is also essential to focus on prevention education and activities to prevent sexual violence from happening in the first place.
 
 Emerging Issues
 
 Educational procedures related to issues with sexual assault and violence will continue to change. Currently, universities and colleges are looking for additional administrative law guidance to be released by the Department of Education related to reviews of sexual assaults by college staff while also watching court decisions pertaining to due process requirements in disciplinary hearings.
 
 (T. Harris, personal communication,  Aug 13, 2020)
]]> 2020-09-27 18:49:25 UTC https://padlet.com/sgarcia762/azb4z4v9u372ljw1/wish/782642048 The 2021 NASPA Strategies Conference will be held virtual Jan 12-15, 2021. The conference will provide student services professionals with skills to effectively address sexual violence and prevention and response and various other strategies to assist student affairs professionals. The conference will focus on the following areas for student service professionals:• Provide sexual violence and prevention and response information based on evidence-based approaches.• Use strategic data to influence and change policies and programs to change the culture of sexual violence to help reduce the occurrence of Sexual Violence• Examine best practice procedures in applying for supportable, evidence-based prevention programs; educating and improving campus response to sexual violence and victims; and evaluating the impact of these efforts• Identify approaches for increasing campus sexual misconduct policies and incorporating how the policies affect the federal and state legislative policies. National Association of Student Personnel Administrators (NASPA), (2018). Perspectives on the proposed Title IX Regulations from the practitioners. Retrieved from www.naspa.org. sgarcia762 https://padlet.com/sgarcia762/azb4z4v9u372ljw1/wish/782645317 2020-09-27 18:51:00 UTC https://padlet.com/sgarcia762/azb4z4v9u372ljw1/wish/782645317 • In 1972 the amendment for Title IX of Education, which is the law that prohibits sexual discrimination for institutions were federally funded. sgarcia762 https://padlet.com/sgarcia762/azb4z4v9u372ljw1/wish/782646507  • Earlier this month, the federal government had a new implementation of policies for universities to follow.
 • Sexual assault survivors criticize the new policies stating colleges are not required to respond to sexual harassment or misconduct that could occur off-campus.
• A group of students at the University of Cincinnati formed a group called SFS student for survivors; they argue that input from their organization should be allowed for administrators to create university policy changes.
• SFS founder believes the university will use the new regulations as an opportunity to limit universities' responsibility rather than to consider survivors and victim rights. 
• The new regulations need to understand the distress victims endure even if the occurrence happened at another location other than the college or university and still have courses with the person who assaulted them. 
• Many portions within the new police allow discretion by the university to elect how policies are applied. The SFS group from the University of Cincinnati wrote a letter to administrations asking them to take sexual violence seriously by considering the victim options.
 • Many universities are revising their policies to included sexual misconduct off-campus to reduce any criticism from the federal system.
• Princeton University has dual policies, the Title IX policy, and the University Sexual Misconduct policy; the two approaches work in unification to fulfill the student's safety.  Princeton allowed input to their university policy from the student body. 
• Many Larger Universities fear that smaller schools will not have dual policies because of budget and staffing shortages. Only following the Title IX policy will leave victims short of what they need from colleges. (Anderson, 2020)https://www.insidehighered.com/news/2020/08/14/colleges-implement-changes-meet-title-ix-deadlineAnderson, Greta. Colleges Implement Changes to Meet Title IX Deadline, Aug 14, 2020, www.insidehighered.com/news/2020/08/14/colleges-implement-changes-meet-title-ix-deadline. ]]> 2020-09-27 18:52:30 UTC https://padlet.com/sgarcia762/azb4z4v9u372ljw1/wish/782646507 •How to identify sexual predators on campus• Know you are not at fault for their actions sgarcia762 https://padlet.com/sgarcia762/azb4z4v9u372ljw1/wish/782648158 • Many universities still underreport incidences by professors to avoid lawsuits and unwanted press.
• Many colleges have an underground support group and actual list professors to avoid being alone while on campus
. • If you hear any gossip about a professor, do not discount it.
 • Keep an eye out for a professor targeting and grooming you for their sexual assault
1. Taking an interest in you and your work 
2. Predators will subtly be crossing boundaries to see your reaction.
3. If you do not react, they will proceed and even think you want them to make their advances.
 • Develop an escape plan, and if you have a gut feeling, listen to that feeling. https://www.chronicle.com/article/how-to-detect-and-dodge-a-predatory-professorAhmad, Aisha How to Detect and Dodge a Predatory Professor, Sept, 09, 2020, https://www.chronicle.com/article/how-to-detect-and-dodge-a-predatory-professor]]> 2020-09-27 18:54:10 UTC https://padlet.com/sgarcia762/azb4z4v9u372ljw1/wish/782648158 Title IX of the Educational Amendments of 1972 (20 USC § 1681) - Statutory Law Title IX of the education amendment of 1972 is the federal statutory law that forbids discrimination based on sex and exclusion from educational programs that received federal funds. Therefore, all public and state colleges and universities must adhere to this law. Sexual discrimination includes if a person identifies as the gender that is opposite of which they were born. sgarcia762 https://padlet.com/sgarcia762/azb4z4v9u372ljw1/wish/782650619 2020-09-27 18:57:05 UTC https://padlet.com/sgarcia762/azb4z4v9u372ljw1/wish/782650619 The Family Educational Rights and Privacy Act, (20 U.S.C. § 1232g; 34 CFR Part 99 -Administrative Law The Family Educational Rights and Privacy Act is called FERPA. The FERA law is essential when dealing with Sexual Violence Prevention and Response because, as a college professional, you must protect the rights of all students. You can only disclose information to others with an educational need to know. Therefore, you would not want to disclose any information regarding Sexual misconduct or disclosing as students reported sexual misconduct publicly or put in notes that were not FERPA compliant. sgarcia762 https://padlet.com/sgarcia762/azb4z4v9u372ljw1/wish/782651336 2020-09-27 18:58:07 UTC https://padlet.com/sgarcia762/azb4z4v9u372ljw1/wish/782651336 The fourteenth amendment (U.S. Const. amend. XIV) – constitutional law The fourteenth amendment was ratified to the U.S constitution in 1868 and states all people, including former slaves, are equal protection of laws. The law was passed during the reconstruction era to assist former slaves not having protection, especially in southern states. However, it is believed the amendment laid the foundation for the Title IX statute, which forbids sexual discrimination. sgarcia762 https://padlet.com/sgarcia762/azb4z4v9u372ljw1/wish/782652060 2020-09-27 18:59:05 UTC https://padlet.com/sgarcia762/azb4z4v9u372ljw1/wish/782652060 Grove City College v. Bell, 465 U.S. 555 (1984) – Judicial lawGove City college V Bell Was the first US supreme court decision that concluded the Title IX laws could pertain to private schools and public schools. Grove City College was a religious-based private school in Pennsylvania. The Department of Education required Gove City College to file an assurance of compliance, stating that it was following the Title IX regulations prohibiting discriminating based on gender. The thought was because some students received federal grants. The college refused the request to compile, which cause the department to deny its grants to the students.Gove city college and some students who received grants generated a lawsuit in the United States District Court for the Western District of Pennsylvania. The college and the students asked the court to allow the students to receive the grants and asked the college not to require an assurance of compliance. The district court agreed with the college. The court stated the Educational department could not terminate the students' grants constituted Title IX "federal financial assistance. Later the court reversed their decision sgarcia762 https://padlet.com/sgarcia762/azb4z4v9u372ljw1/wish/782654333 2020-09-27 19:01:54 UTC https://padlet.com/sgarcia762/azb4z4v9u372ljw1/wish/782654333 Texas Education Code Subchapters E-2, Chapter 51, §51.259 and Subchapter E-3, Chapter 51, §51.295- These are rules from the coordinating board authorizing an advisory committee to make recommendations regarding Title IX training materials. The advisory committee is responsible for recommending training material for college professionals regarding sexual violence prevention and response. sgarcia762 https://padlet.com/sgarcia762/azb4z4v9u372ljw1/wish/782655968 2020-09-27 19:04:04 UTC https://padlet.com/sgarcia762/azb4z4v9u372ljw1/wish/782655968 Code of Ethics Standard 1.7, which states all educators will comply with state and federal law. Many laws surround sexual violence prevention, and all educators must abide by the regulations. Complying will help ensure that all students remain safe on campus. College campuses need to support victims and provide all rules and documentation of incidences are reported. Code of Ethics and Standard Practices for Educators, 19 Tex. Admin. Code § 247.2 (3)(B) Retrieved from http://ritter.tea.state.tx.us/sbecrules/tac/chapter247/ch247.html#247.2 sgarcia762 https://padlet.com/sgarcia762/azb4z4v9u372ljw1/wish/782656787 2020-09-27 19:05:05 UTC https://padlet.com/sgarcia762/azb4z4v9u372ljw1/wish/782656787 Unfortunately, sexual violence, stalking sexual harassment has gone relatively under-reported and sometimes swept under the rug. The book "Sexual Violence on Campus: Power-Conscious Approaches to Awareness, Prevention, and Response (Great Debates in Higher Education) attempts to break the silence and tackle issues and struggles college administrators, staff and students face. Linder, C. (2018). Sexual violence on campus: power-conscious approaches to awareness, prevention, and response. Emerald Publishing. sgarcia762 https://padlet.com/sgarcia762/azb4z4v9u372ljw1/wish/782657790 2020-09-27 19:06:25 UTC https://padlet.com/sgarcia762/azb4z4v9u372ljw1/wish/782657790 • Students need to know how to report incidences and be aware of the laws sgarcia762 https://padlet.com/sgarcia762/azb4z4v9u372ljw1/wish/782658758 • Administrators need to understand the importance of the law 
• Staff needs to learn the laws and know how to proceed when certain information is disclosed from students or staff. 
·   Universities need to develop their policies to work in conjunction with federal and state polices. 
·   Continuing education for legislation and college professionals is a must to ensure student's safety is of the utmost importance. 
·   Campuses need to provide staff and students with risk reduction measures. 




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