[Wsssc] FW: Title IX Training Requirement

[Joe Holliday]

WSSSC: see guidance from the AGs office, below. This is to clarify the requirement in VAWA/Clery to continue to offer sexual violence prevention training to new students and employees. So, although the guidance in Title IX was rescinded, the requirement appears to continue. If further clarification is needed, we can put this on the list for the AG session at the joint IC/WSSSC meeting on July 10.

                             [Joe]
[Compass]
Joe Holliday
Director, Student Services
Washington State Board for Community and Technical Colleges
jholliday at sbctc.edu<mailto:jholliday at sbctc.edu>* o: 360-704-4334 * f: 360-704-4418
sbctc.edu<https://www.sbctc.edu/> * Twitter: @SBCTCWashington<https://twitter.com/SBCTCWashington> * Facebook: @WASBCTC<https://www.facebook.com/wasbctc/>


From: Stolier, David A (ATG) <David.Stolier at atg.wa.gov>
Sent: Monday, May 20, 2019 12:10 PM
To: Joe Holliday <jholliday at sbctc.edu>
Cc: Marvin, H. Bruce (ATG) <HBruce.Marvin at atg.wa.gov>; Ed McCallister <emccallister at sbctc.edu>
Subject: RE: Title IX Training Requirement

Joe, while there is no longer the same training detail that was set forth in the rescinded guidance, you are correct that a training requirement lives on in the Clery Act (it came in as part of VAWA, which did a number of things, including amending Clery).  If you look at the words and phrases I've highlighted in bold type below, you will see that it is much less specific about training but if you add up all the times they use "education programs and campaigns" and "awareness campaigns"  it becomes pretty clear that training is necessary to fulfill all these obligations.   See Clery regulations at 34 CFR section 668.46(b).  (This link should get you there:  https://www.ecfr.gov/cgi-bin/text-idx?SID=a8f453df36d158627ae5c5c58593cb9d&mc=true&node=se34.3.668_146&rgn=div8 )  But, here is the relevant language excerpted out:

"(b) Annual security report. An institution must prepare an annual security report reflecting its current policies that contains, at a minimum, the following information:
(11) A statement of policy regarding the institution's programs to prevent dating violence, domestic violence, sexual assault, and stalking, as defined in paragraph (a) of this section, and of procedures that the institution will follow when one of these crimes is reported. The statement must include-

(i) A description of the institution's educational programs and campaigns to promote the awareness of dating violence, domestic violence, sexual assault, and stalking, as required by paragraph (j) of this section"

And, here is the relevant portion of paragraph (j):
(j) Programs to prevent dating violence, domestic violence, sexual assault, and stalking. As required by paragraph (b)(11) of this section, an institution must include in its annual security report a statement of policy that addresses the institution's programs to prevent dating violence, domestic violence, sexual assault, and stalking.

(1) The statement must include-

(i) A description of the institution's primary prevention and awareness programs for all incoming students and new employees, which must include-

. . .
(ii) A description of the institution's ongoing prevention and awareness campaigns for students and employees, including information described in paragraph (j)(1)(i)(A) through (F) of this section.

(2) For the purposes of this paragraph (j)-

(i) Awareness programs means community-wide or audience-specific programming, initiatives, and strategies that increase audience knowledge and share information and resources to prevent violence, promote safety, and reduce perpetration.

(ii) Bystander intervention means safe and positive options that may be carried out by an individual or individuals to prevent harm or intervene when there is a risk of dating violence, domestic violence, sexual assault, or stalking. Bystander intervention includes recognizing situations of potential harm, understanding institutional structures and cultural conditions that facilitate violence, overcoming barriers to intervening, identifying safe and effective intervention options, and taking action to intervene.

(iii) Ongoing prevention and awareness campaigns means programming, initiatives, and strategies that are sustained over time and focus on increasing understanding of topics relevant to and skills for addressing dating violence, domestic violence, sexual assault, and stalking, using a range of strategies with audiences throughout the institution and including information described in paragraph (j)(1)(i)(A) through (F) of this section.

(iv) Primary prevention programs means programming, initiatives, and strategies informed by research or assessed for value, effectiveness, or outcome that are intended to stop dating violence, domestic violence, sexual assault, and stalking before they occur through the promotion of positive and healthy behaviors that foster healthy, mutually respectful relationships and sexuality, encourage safe bystander intervention, and seek to change behavior and social norms in healthy and safe directions.

(v) Risk reduction means options designed to decrease perpetration and bystander inaction, and to increase empowerment for victims in order to promote safety and to help individuals and communities address conditions that facilitate violence.


From: Joe Holliday <jholliday at sbctc.edu<mailto:jholliday at sbctc.edu>>
Sent: Thursday, May 16, 2019 8:24 AM
To: Stolier, David A (ATG) <David.Stolier at atg.wa.gov<mailto:David.Stolier at atg.wa.gov>>
Cc: McCallister, Ed <emccallister at SBCTC.EDU<mailto:emccallister at SBCTC.EDU>>
Subject: Title IX Training Requirement

Dave: AAG Derek Edwards reported at the spring WSSSC meeting that the Title IX requirement to offer Title IX training to new students and employees was in "rescinded guidance" that is no longer applicable. Ed McCallister (copied here) and I met with Everfi representatives last week (we contract with them to offer the training at all our colleges), and when I mentioned this they countered that the requirement "lived" in VAWA and was still applicable. I asked them for documentation of that, but haven't received anything yet. This is not urgent because our contract with Everfi still has approximately 1 year left on it, but we do need to get clear on it soon for planning purposes.

Looking forward to your advice on this.

                             [Joe]
[Compass]
Joe Holliday
Director, Student Services
Washington State Board for Community and Technical Colleges
jholliday at sbctc.edu<mailto:jholliday at sbctc.edu>* o: 360-704-4334 * f: 360-704-4418
sbctc.edu<https://www.sbctc.edu/> * Twitter: @SBCTCWashington<https://twitter.com/SBCTCWashington> * Facebook: @WASBCTC<https://www.facebook.com/wasbctc/>


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