New Minnesota Campus Sexual Assault Legislation Scott Goings Assistant General Counsel Renée Hogoboom Associate Director for Diversity and Equity The Minnesota State Colleges and Universities system is an Equal Opportunity employer and educator.
Outline of Today s Presentation Summary of the new Minnesota Campus Sexual Assault Legislation System Work Group Agenda Resources Questions
Background and Timeline April 4, 2011. United States Department of Education Dear Colleague Letter: Sexual Violence. March 7, 2013. Violence Against Women Reauthorization Act and the Campus Sexual Violence Elimination Act Statute effective on March 7, 2014. Rules effective July 1, 2015. April 2014. White House Task Force to Protect Students from Sexual Assault Report and OCR FAQs OCR Investigations and Litigation May 2015. Minnesota Campus Sexual Assault Legislation.
New Minnesota Campus Sexual Assault Legislation Substantial revisions to Minn. Stat. 135A.15 Sexual Harassment and Violence Policy. 2015 Minn. Laws, Ch. 69, Art. 4, Sec. 2. The effective date of the new legislation is August 1, 2016. MOU deadline is January 1, 2017. System Work Group formed to assist campuses in coming into compliance. Overview Memorandum and Legislative Summary http://www.ogc.mnscu.edu/studentaffairs/docs/minnesotase xualassaultlegislationmemo7%202%2015.pdf.
Policy Statements Summary Amnesty for certain conduct code violations Coordination with Local Law Enforcement Mandatory Memorandum of Understanding (MOU) Information sharing protocols Protocols for investigation Exempt if sexual assault protocol team Online Reporting System
Summary, continued Data Collection and Reporting to Minnesota Office of Higher Education (OHE) and on institution website # investigated # referred for discipline, including # pending # victim chose to report to law enforcement # alleged perpetrator responsible and # of significant sanctions # closed w/o resolution, including if accused withdrew # closed w/o resolution because victim chose not to participate # reported through online system
Training Summary, continued Investigators, Decision-Makers, Security Officers Students Students Pursuing degree or certificate PSEO Must complete training no later than ten business days after the start of a student s first semester of classes Students enrolled at more than one institution at the same time only required to complete the training once
System Work Group Agenda Many items already incorporated into Board Policy, System Procedure, and current practices BUT some new requirements
Review of Board Policy 1B.3 and System Procedure 1B.3.1 Many of the new provisions already included within Board Policy and System Procedure. Expect some revisions through the normal consultation and review process this upcoming winter. Policy Statements Amnesty Clarity on reporting obligations
Template Memorandum of Understanding Each institution must enter into a memorandum of understanding (MOU) with local law enforcement by January 1, 2017. Work proceeding on a sample MOU and explanatory memorandum for campus use.
On-Line Reporting System Legislation mandates creation of an on-line reporting system that includes anonymous reporting. Work proceeding to identify needs surrounding this requirement ITS will host service for all.
Reporting to the Minnesota Office of Higher Education Legislation requires annual reporting of certain sexual assault statistics to the Minnesota Office of Higher Education (OHE) by October 1 of each year. This is in addition to Clery requirements. Anticipate first report will be October 1, 2016. Guidance to follow OHE Work group
Mandatory Training for Investigators, Decision-Makers, and Security Officers Legislation requires training for investigators, decision-makers and security officers. Training incorporated into investigator and decision-maker training.
Mandatory Training for Students Legislation mandates that incoming students complete sexual violence training. Curriculum already exists. Further guidance on implementation forthcoming. Anticipated implementation deadline is for fall 2016 semester.
Possible Upcoming Issues Upcoming Legislative Session Possibility of clarifications? Affirmative Consent? OHE Clarification on reporting obligations? Policy Discussion More Legislation/Regulatory Guidance at Federal Level?
www.ogc.mnscu.edu Resources OGC Webinar, Responding to Sexual Violence: An Update on Complying with the Violence Against Women Reauthorization Act and Related Topics, October 10, 2013. OGC Webinar, Complying with the OCR s New Dear Colleague Letter on Sexual Violence, May 12, 2011.
Resources OGC Webinar, Responding to Sexual Violence, January 12, 2012. December 6, 2011 Message from Chancellor Steven Rosenstone Regarding Reporting Sexual Violence and Abuse and Neglect of Children and Vulnerable Adults http://www.ogc.mnscu.edu/documents/child%20abuse%20r eporting%20message%20de.pdf December 6, 2011 Questions and Answers About Reporting Sexual Violence and Abuse and Neglect of Children and Vulnerable Adults http://www.ogc.mnscu.edu/documents/faq%20reporting%2 0Sexual%Violence%20De.pdf
Resources U.S. Department of Education, Office of Postsecondary Education, The Handbook for Campus Safety and Security Reporting, Washington, D.C. 2011 MnSCU Internal Audit Clery Compliance Program Review Release later this summer Board presentation in October Minnesota Department of Health Campus Sexual Violence Prevention Portal, Minnesota Department of Health http://www.health.state.mn.us/svp/campuskit/.
Contact Information Minnesota State Colleges & Universities System Office Scott Goings Assistant General Counsel Scott.Goings@so.mnscu.edu 651-201-1753 Renée Hogoboom Associate Director for Diversity and Equity Renee.Hogoboom@so.mnscu.edu 651-201-1592 Please take a few minutes to complete our poll! Office of General Counsel www.ogc.mnscu.edu