An emerging issue in this topic is reports coming in that are false and how to handle each report. If institutes are inspecting every incident that comes in and are instantly accusing the suspect of the crime, false accusations may occur. On the other hand, there are new ways on the horizon that can change how education approaches false accusations.This may lead to campuses not being obligated to fully look into each case that comes in. 

Mr. Bishop, Title IX Coordinator 
California State University 

Summary: This resource aligns well with this Legal Guide as it provides terms and information on understanding gender-based violence in higher education and how to properly address it. Additionally, this resource goes into detail on Title IX and the rights and policies it administers for each student. 

Link: https://www.insidehighered.com/news/2016/06/17/colleges-sued-students-negligence-turn-victim-blaming-defense

This article portrays the issues with our student safety off campus and more specifically in a study abroad program. If the university is requiring students to live in a specific location in a foreign atmosphere, the university should go in depth on making sure their duty is completed in creating the most safe experience for the students that they can. Even though this happened off campus, the student is still protected under Title IX. 

Summary: This article goes in depth on a debate between how different parties look at sexual assault on campus and reporting aspects. One side of the debate agrees with the theme of requiring the institute to investigate promptly on all sexual assault reports on and off campus. Newer ideas of reporting issues are brought up as many reports are falsely reported and misunderstandings come to surface when appointing the accuser. This heavily relates to the topic of this Legal Guide as it speaks on how to properly move forward after a student has reported to staff on campus. 

Source of Law: State Administrative 

Link: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140SB967

Summary: This is an Act to enhance the California Education Code that is related to sexual assault, domestic violence, dating violence, and stalking. This Act requires an affirmative consent from all parties of the incident and will be a standard on all higher education institutes in California that are being funded federally. The consent will be constructed under precise policies and protocols to determine what is appropriate to be deemed as actual consent in these cases. 

Source of Law: State Statutory

Link: https://www.equalrights.org/legal-help/know-your-rights/sexual-harassment-at-school/

Summary: This Act prohibits sexual harassment in any California institution as long as it is funded by the State. This also includes athletic, academic, extracurricular, research or financial aid programs. The Act requires institutions and programs to provide all students, faculty, and parents documentation on their sexual harassment policy. This helps each population understand and find the procedures of how to report.

Source of Law: Federal Statutory

Link: https://www.justice.gov/archives/ovw/page/file/910306/download

Summary: This requires colleges and universities in the United States to send in an annual report of crimes on campus including sexual misconduct. Reporting's of sexual misconduct can be given to the campus Title IX coordinator to handle the information for the annual report. The institution is to also give warnings out to those on campus that may be in danger. 

Source of Law: Federal Statutory

Link: https://www.justice.gov/crt/fcs/TitleIX-SexDiscrimination

Summary: Title IX of the Educational Amendments of 1972 is a federal law that protects students under sexual assault and harassment. This Title requires protection for all students at institutions that are funded federally. Title IX also covers athletic programs and most importantly, protects sexual harassment and assault on or off campus.

 

 

Link: https://www.csus.edu/umanual/student/stu-0120.html

This is a local policy for Sacramento State University to abide by for student sexual misconduct.  This prohibits discrimination, harassment, sexual misconduct, dating and domestic violence and stalking in CSU Executive Order 1097.

Citation:
California State University, Sacramento. (2016). Student sexual misconduct policy. California State University, Sacramento. Retrieved from https://www.csus.edu/umanual/student/stu-0120.html

This is a resource for campus staff to become aware of school safety techniques that eliminate student sexual assault and harassment. It is a bundle that provides resources for response planning, trauma sensitivity training, action steps, and many other tools to help create a safe campus for students.