Mandatory Reporting Responsibilities at UVM - Clery Act and Title IX -

Mandatory Reporting
Responsibilities at UVM
- Clery Act and Title IX 2015-16 ACADEMIC YEAR
Who is Jeanne Clery?
 Jeanne Clery, a Lehigh University freshman,
was raped and murdered by a fellow student on
April 5, 1986 in her dorm room.
 Before Jeanne’s death, there
were no uniform laws mandating
that colleges report crimes on
campus to students, employees,
or potential students -- there had
been 38 violent crimes on Lehigh’s
campus in the three years before
Jeanne’s murder, of which Jeanne and
her family were unaware.
What is the Clery Act?
 The Jeanne Clery Disclosure of Campus Security Policy
and Campus Crime Statistics Act took effect in 1991, and
requires all colleges and universities participating in
federal student aid programs to:
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Maintain a public daily crime log (http://www.uvm.edu/police/reports/);
Publish and distribute to students and employees, as well as prospective
students and employees, an annual crime report by October 1, which includes
3 years of crime statistics (http://www.uvm.edu/police/reports/clery/publicsafety-report.pdf); and
Provide both emergency and timely warnings to the campus community about
crimes and other emergencies posing an immediate or ongoing threat.
 To learn about UVM’s commitment to compliance with the Clery
Act, the University’s Campus Safety and Security Policy can be
found at: http://www.uvm.edu/policies/riskmgm/clery.pdf.
What is Title IX?
 Title IX of the Education Amendments of 1972 protects
people from sex based discrimination in education
programs and activities that receive federal financial
assistance.
 On April 4, 2011, the U.S. Department of Education’s Office
for Civil Rights clarified that “sexual harassment …
which includes acts of sexual violence, is a form of
sex discrimination prohibited by Title IX” and the
University must “take immediate action to
eliminate the harassment, prevent its recurrence,
and address its effects” when it knows or reasonably
should know of its existence.
What do the Clery Act and
Title IX have to do with me?
AS A RESULT OF YOUR POSITION,
YOU HAVE MANDATORY REPORTING
RESPONSIBILITIES UNDER FEDERAL LAW
What positions and offices have
mandatory reporting responsibilities?
(1)
Campus law enforcement, including contracted security personnel.
(2)
University officials with significant responsibility for student and campus
activities, including, but not limited to:
• Student Affairs and Residential Life staff;
• Athletics Administrators and Team Coaches;
• Advisors to Recognized Student Organizations; and
• Supervisors of Student Employees.
(3)
Any other individual or organization the University designates by policy as a
resource to whom students and employees should report crimes.
(4)
All other individuals who have the authority to take action to redress sexual
violence, who have been given the duty of reporting incidents of sexual violence or
any other misconduct by students, or whom a student could reasonably believe
has this authority or duty. This necessarily includes, but is not limited to:
• Senior leaders, supervisors, and managers;
• Chairs, Directors, and Deans of an academic unit; and
• ALL full and part-time faculty members.
I understand that I cannot promise
confidentiality. Who at UVM can?
 Licensed Mental Health Counselors and Pastoral
Counselors are excluded by law from mandatory
reporting responsibilities when acting within the scope of
their license.
 Licensed Practitioners in Student Health Services
and the Campus Victim’s Advocate (Judy Rickstad) are
limited to providing aggregate, non-identifiable incident
data to UVM Police Services and the Title IX Coordinator.
What mandatory reporting responsibilities
arise under the Clery Act?
 To ensure that members of the campus community know
about dangers on their campuses, the Clery Act requires
institutions to gather and publish crime data from law
enforcement agencies and “Mandatory Reporters” [Campus
Security Authorities (CSAs) under the Clery Act].
 You are required to report certain (alleged) crimes, including hate
crimes, occurring within the University’s Clery Geography of which
they become aware for inclusion in the University’s Annual Campus
Security Report, in compliance with the Clery Act using UVM’s CSA
Information Portal: www.uvm.edu/police/csa.

"Public Safety at the University of Vermont" serves as the Annual Safety and Security
Report for the UVM campus: http://www.uvm.edu/police/reports/clery/public-safety-report.pdf.
What Must be Reported under the Clery Act?
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Clery Crimes: the following (alleged) crimes occurring within the University‘s Clery Geography must be
reported using the CSA Information Portal:
Arson
Aggravated
Assault
Burglary
Motor
Vehicle
Theft
Murder/
Non-Negligent
Manslaughter
Negligent
Manslaughter
Robbery
Dating
Violence
Domestic
Violence
Forcible
Fondling
Incest
Rape
Stalking
Statutory
Rape
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Hate Crimes: In addition to the criminal offenses listed above, where a victim is intentionally selected
because of their actual or perceived race, gender, religion, sexual orientation, gender expression,
ethnicity, national origin, or disability, the following crimes shall be reported as Hate Crimes
according to the category of prejudice evidenced:
Simple Assault
Larceny /Theft
Intimidation
Vandalism
What is within “Clery Geography”?
 On Campus (Grounds, Buildings, and Structures) – any building or
property owned or controlled by an institution within the same reasonably
contiguous geographic area and used by the institution in direct support of,
or in a manner related to, the institution’s educational purposes, including
residence halls; and any building or property that is within or reasonably
contiguous to such buildings or property that is owned by the institution but
controlled by another person and is frequently used by students and
supports institutional purposes.
 Public Property – all thoroughfares, streets, sidewalks, and parking
facilities that are within the campus, or immediately adjacent to and
accessible from “Campus Grounds, Buildings and Structures”.
 Off-Campus – any building or property owned or controlled by a student
organization that is officially recognized by the institution; or any building or
property owned or controlled by an institution that is used in direct support
of, or in relation to the institution's educational purposes, is frequently used
by students, and is not within the same reasonably contiguous geographic
area of the institution.
What mandatory reporting responsibilities
arise under Title IX?
 The University is legally obligated to address incidents of
sexual violence involving a member of the campus
community about which individuals with mandatory
reporting responsibilities [“Responsible Employees” under Title
IX] knew or should have known, regardless of whether the
incident occurred on or off-campus.
 Therefore, in addition to submitting Clery Crime reports,
you must also report incidents of sexual violence to the Title IX
Coordinator in the Office of Affirmative Action (via [email protected])
to ensure appropriate institutional response and facilitate the provision
of support services.

A copy of the University’s Sexual Harassment and Misconduct Policy can be
found at: http://www.uvm.edu/policies/general_html/sexassault.pdf
A crime occurred or is occurring
… what should I do?
Campus Security Authority Operating Procedure:
http://www.uvm.edu/policies/riskmgm/campussecruity.pdf
Sexual Harassment and Misconduct Policy:
http://www.uvm.edu/policies/general_html/sexassault.pdf
STEP 1
 Call 9-1-1 immediately if a crime or
other emergency is in progress, or if
at any time there is an imminent or
continuing threat of harm to persons
or property.
STEP 2
 If calling 911 was not required, make the individual
you are speaking with aware of their option to report the
incident to local law enforcement and assist with
making initial contact, at their election.
 The University must respect the decision of an alleged
victim not to report an incident to UVM Police Services,
except:
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ALL suspected abuse and neglect of minors, and
ALL recent instances of domestic or dating violence and
stalking
must be reported to UVM Police Services (656-3473).
STEP 3
 Promptly file an electronic CSA Reporting Form at
www.uvm.edu/police/csa, regardless of whether the
individual you are speaking with chooses to file a police
report.
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The name of the alleged victim(s) should not be included in
the CSA Report Form unless:
1)
2)
3)
4)
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Disclosure is required by law (e.g. abuse or neglect of minors);
The incident presents an “imminent threat of harm” detailed in Step 1;
The incident recently occurred and constitutes stalking, or domestic or
dating violence; or
You are given permission to do so by the alleged victim.
All other identifying information about the incident known
must be included (i.e. location, name(s) of alleged perpetrator,
incident description, etc.)
STEP 4
 If the (alleged) incident involves sexual assault,
domestic or dating violence, stalking, or another
form of sexual misconduct, you must also send an
email to [email protected] or [email protected],
and include the following information:
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Name(s) of Reporting Party, Alleged Victim, Alleged Perpetrator, and
Witnesses, to the extent known
Location of the Incident
Nature of the Incident
 This email will serve as official notice to the Campus
Victim’s Advocate, Judy Rickstad, and the University’s
Title IX Coordinator, Jes Kraus, enabling them to
facilitate appropriate support and institutional response.
STEP 5
Make the alleged victim or third party you are speaking with aware of
campus and community resources that may be helpful:
CONFIDENTIAL Campus Resources:
 Judy Rickstad, Campus Victim’s Advocate (located in the UVM Women’s Center)*
 Student Health Services*
656-7892
656-3350
* Note: Staff members of these resources must file (anonymous) incident reports under the Clery Act.
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Counseling & Psychiatry Services (CAPS)
Employee Assistance Program (Invest EAP)
656-3340
864-EAPØ
CONFIDENTIAL (24 Hour) Community Resources:
 H.O.P.E. Works (Rape Crisis)
 Women Helping Battered Women
 Safe Space at Pride Center VT (LGBTQA survivors)
 UVM Medical Center Emergency Department
863-1236
658-1996
863-0003
847-2434
NON-CONFIDENTIAL Resources:
 Dean of Students Office
 Affirmative Action and Equal Opportunity (AAEO) / Title IX Coordinator
 UVM Police Services
 Chittenden Unit for Special Investigations (CUSI)
656-3380
656-3368
656-3473
652-6800
Common Questions
BUILDING YOUR
“MANDATORY REPORTING TOOLKIT”
What does the University do
when I make a Clery Act report?
 Reports via the CSA Information Portal:
 (1) help to inform whether a timely warning or emergency
notification to the campus is warranted,
 (2) allow Police Services to optimize the safety of our campus
community, and
 (3) are required for compliance with the Clery Act and other
legal mandates, including publication of an Annual Safety and
Security Report.
What does the University do
when I make a Title IX report?
 Reports to [email protected]:
 (1) Facilitate referral for support to confidential campus
resources;
 (2) Serve as official notice to the Title IX Coordinator that an
incident of sexual misconduct may have occurred involving a
member of the campus community; and
 (3) Allow the University to identify and respond to patterns or
systemic problems related to sexual misconduct.
Navigating a Difficult Conversation:
What to say when an incident is disclosed to you
1.
I am so sorry that this has happened to you.
2.
Do you need medical attention or wish to speak to a crisis counselor? Do you feel safe?
3.
It might be helpful for you to talk to someone who can provide confidential support, such as the
Campus Victim’s Advocate, Counseling and Psychiatry Services (CAPS) or the Employee Assistance
Program (EAP).
4.
As part of my position on campus, I need to let Police Services know that this incident has occurred.
May I help you report this to the Police if you haven’t already? Would you like me to go with you or
help you call?
a)
If you choose not to file a police report yourself, I still need to file an incident report as part of
my job responsibilities. I will not include your name, unless you give me permission.
b)
My report will contain only the information you provide. Would you like to help me fill it out?
5.
[If a Sex Offense] I am legally mandated to share information about this incident, including your
name, with the University’s Title IX Coordinator, Jes Kraus, and Campus Victim’s Advocate, Judy
Rickstad. While it is up to you whether to respond, they will be reaching out to you to offer support
and explain your options should you wish to pursue disciplinary or criminal action. Would you like
to contact Judy or Jes together, or can I help you make an appointment to learn about your options?
6.
Do you have any questions?
7.
Is there anything else I can do to support you?
Sexual Conduct Education &
Resources Website
 The purpose of this website is to provide access to information and
resources intended to prevent sexual assault and misconduct, and to
promote healthy, respectful and responsible relationships and choices.
 On this website, you will find information about:
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UVM’s policies and processes related to sexual harassment and misconduct;
How to identify sexual misconduct and assault, relationship violence, stalking, and
other forms of gender-based discrimination and harassment;
What your reporting options or obligations are, and the process that will occur if
you do make a report;
What to do if you or a friend have been sexually assaulted, are being stalked, or
have experienced relationship violence;
University and community resources, and how you can get involved;
Sexual Health and Healthy Relationships.
http://www.uvm.edu/~aaeo/sexualmisconduct/
Confidential Campus Resource Spotlight:
the Campus Victim’s Advocate
Judy Rickstad
34 South Williams Street
UVM Women’s Center
[email protected]
 FREE AND CONFIDENTIAL SUPPORT in person or by phone.
 Sees victims and bystanders following an incident of gender based violence (i.e. one
day to several years after)
 Hears and holds the victim or bystander’s story
 Informs victim of their rights on campus, through the Title IX Coordinator, and
within the criminal justice system.
 Facilitates campus housing relocation and academic or work-duty relief, as
appropriate.
 Available to accompany individuals to medical, legal, criminal justice and/or
campus investigation and disciplinary proceedings.
 Ensures a standardized level of care, including receipt of:
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Medical attention (as needed)
Referral to Counseling & Psychiatry Services (students) and Invest EAP (employees)
Information about reporting options
Referrals to off-campus agencies
Other University Policies You
Should Be Familiar With
WHICH MAY OR MAY NOT
HAVE CLERY AND TITLE IX
IMPLICATIONS
REQUIRED REPORTS-Campus Policies
 Reporting Abuse or Neglect of Minors
 Contact: UVM Police Services AND the Vermont Dept. for Children
and Families (DCF)
 Vermont law requires that certain professionals report to Vermont DCF (1800-649-5285) any incident arising as to which there is reasonable cause to
believe a minor has been sexually abused or neglected. In addition, to protect
optimally the safety of minors who are participating in University programs
and activities, the University requires any employee who has
reasonable cause to believe that a minor participating in such
program or activity has been sexually abused or neglected to report
the concern promptly.
REQUIRED REPORTS-Campus Policies
 Personal Safety and Security
 Contact: UVM Police Services
 In a possible or actual emergency, administrators, faculty and staff
(“employees”) are required to report threats or acts of violence. Students
are strongly encouraged to make such reports.
 Hazing
 Contact: UVM Police Services
 University Officials are required to report incidents of hazing to Police
Services. Student leaders and members of student groups are strongly
encouraged to address any concerns about conduct that might be hazing
with the group’s advisers, coaches or other University official responsible for
the program or activity. Other members of the University community,
including students, are strongly encouraged to report possible hazing.
REQUIRED REPORTS-Campus Policies
 Missing Student
 Contact: UVM Police Services
 University officials, including all University administrators, faculty and staff,
are required to notify the University of Vermont Police Services if they
obtain information that a residential student is or may be missing.
 Weapons
 Contact: UVM Police Services
 The possession of firearms, fireworks, explosives, or weapons of any kind
and replicas or facsimiles thereof is prohibited on UVM property and
facilities-- including residence halls, grounds, leased spaces, and personal
vehicles in UVM parking lots--as they pose a substantial danger to the safety
of all residents.
REQUIRED REPORTS-Campus Policies
 Alcohol and Other Drugs
 Contact: UVM Police Services
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For Campus Discipline Contact:
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Center for Student Ethics and Standards
HRS Management Solutions (Employee Issues)
Faculty, staff, and students should intervene as appropriate when observing
violations of liquor and drug law violations, as well as violations of
University Policy. Alleged violations should be referred for appropriate
response to the Center for Student Ethics and Standards (Students), Human
Resource Services – Management Solutions (Employees), and/or to
appropriate law enforcement agencies.
REQUIRED REPORTS- Campus Policies
UVM prohibits the unlawful harassment of students, faculty and
staff, as well as the retaliation against any student/faculty/staff
opposing such harassment or participating in the investigation
of allegations of harassment.
 Sexual Harassment - Employees and Students
 Contact: Affirmative Action & Equal Opportunity (AAEO)
 University officials who become aware of conduct they believe may violate this
policy must report that conduct to AAEO. Any other person who has
reasonable cause to believe sexual harassment has occurred is urged to
immediately bring that information to the attention of the AAEO office.
 ***NOTE: as of September 2015, Sexual Harassment policies and procedures
have been combined with those for Sexual Misconduct.
 Harassment – Employees and Students
 Contact: Affirmative Action & Equal Opportunity (AAEO)
 University officials who become aware of conduct they believe may violate this
policy must report that conduct to AAEO. Any other person who believes
harassment in violation of this policy has occurred is urged to report the
incident/concern to AAEO.
REQUIRED REPORTS-Campus Policies
 Amorous Relationships With Students
 Contact: Your Supervisor and/or AAEO
 This University policy prohibits amorous relationships between
faculty/staff and students for whom the faculty/staff have “current direct
academic or other professional responsibilities.” Faculty/staff must
report to their supervisor their own relationship with a student if one
exists/develops so that alternative arrangements for
supervision/responsibility can be arranged. Additionally, supervisors of
the faculty/staff member are required to address issues of concern with
the faculty/staff member and to report for investigation to AAEO. Any
University community member may report a concern to the supervisor of
the faculty/staff member believed to be in violation of the policy.
 Amorous Relationships – Dept. of Athletics
 Contact: Senior Associate Director of Athletics and/or AAEO
 It is the policy of Department of Athletics that amorous and/or sexual
relationships between coaches or athletic staff and student-athletes or
student employees is prohibited.
Summary of Key Points
 In an emergency, call 911.
 Reporting alleged crimes to UVM Police Services is
a requirement of your job, and federal law. This may
be accomplished by filing an electronic report
(www.uvm.edu/police/csa), which need not include the
alleged victim’s name.

You are not responsible for investigating allegations or authoritatively
classifying crimes. When in doubt – REPORT!
 Victims of sexual harassment and misconduct (e.g. sexual
assault, relationship violence, gender-based stalking, etc.)
must be referred to the Title IX Coordinator and the
Campus Victim’s Advocate through [email protected].
Helpful Contacts
 To Make a Report:
 Crimes Generally: www.uvm.edu/police/csa
 Sexual Harassment and Misconduct: [email protected] or
[email protected]
 For Information:
 UVM Police Services: x6FIRE [911 in an Emergency]
 AAEO / Title IX Coordinator: x63368
 Campus Victim’s Advocate: x67892
 Dean of Students Office: x63380
 Office of the General Counsel: x68585
UVM CatAlert
FACULTY, STAFF, AND STUDENTS WILL AUTOMATICALLY
RECEIVE AN EMAIL NOTICE OF A CAMPUS EMERGENCY,
INCLUDING A DESCRIPTION OF REQUIRED ACTIONS, THROUGH
THE CATALERT SYSTEM TO THEIR UVM.EDU ADDRESS.
To opt-in for expanded notification via phone or text:
 Instructions for Students
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Log into MyUVM, and go to the “Registrar” Tab
Navigate to the left side of the page to “My Contact Info (CatAlert)"
Click on the link and update your number
Insert your new or updated number and click “Submit"
 Instructions for Employees
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Log on to UVM's PeopleSoft Human Resource System from the PeopleSoft portal page.
Navigate to "Self Service."
Navigate to "Personal Information."
Navigate to "Phone Numbers."
Use the "Add a Phone Number" button to insert as many emergency broadcast numbers as
you like.