Task Force on Sexual Assault Prevention and Response Implementation Update and Two-Year Review University of Washington December 2015 Task Force Members Current members of the Task Force include: Ellen Taylor (Chair) Assistant Vice President for Student Life, and Director of Counseling Center Elizabeth Coveney Associate Vice President, HR Administration and Information Systems Kelly Cue Davis Research Associate Professor, School of Social Work David Eaton Dean and Vice Provost, Graduate School Cedric Howard Vice Chancellor, Student Services, UW Tacoma Shelley Kostrinsky Assistant Vice Provost for Academic Personnel Amanda Paye Title IX Coordinator, Compliance and Risk Services Katherine Querna Student, Graduate and Professional Student Senate (GPSS) representative Stephanie Rempe Senior Associate Athletic Director Pam Schreiber Director, Housing and Food Services Cynthia Stappenbeck Assistant Professor, Department of Psychiatry and Behavioral Sciences Ed Taylor Vice Provost and Dean, Undergraduate Academic Affairs George Theo Dean of Student Affairs, UW Bothell John Vinson Chief, UW Police Department Past members of the Task Force include: Brian Fabien Chair, Faculty Council on Student Affairs Robin Sacks Student, Associated Students of UW (ASUW) representative Kimberly Schertz Student, Graduate and Professional Student Senate (GPSS) representative Naomi Sugar, M.D. Clinical Professor of Pediatrics, Harborview and Children’s Hospital Rachel Weisbeck Student, Associated Students of UW (ASUW) representative Task Force project manager: Susan Freccia Director of Strategic Initiatives, Compliance and Risk Services 2 Background Charge In April 2013, then-University of Washington (UW) President Michael Young reconfirmed the University’s commitment to do all the institution can and should to prevent sexual assault of its students and to properly respond to every individual report of sexual assault. To that end, he charged a group of University academic personnel, staff and students to come together as the Task Force on Sexual Assault Prevention and Response to “review our current policies and practices, explore best practices from other institutions, develop new practices to fill any gaps, and propose a plan for their implementation.” Initial Report In May 2013, an Initial Report: Existing Resources, Policies and Data was presented to the President and to the Task Force on Sexual Assault Prevention and Response. The Initial Report outlined current prevention and response resources, policies, and data regarding sexual assault at UW. It did not draw conclusions or make recommendations. Final Report In October 2013, a Final Report: Goals and Recommendations was presented to the President by the Task Force on Sexual Assault Prevention and Response. The Final Report contained eight broad goals the Task Force developed and believes the UW – or any institution – should strive for to create a successful sexual assault prevention and response program. Filed under the eight goals were 18 recommendations to take UW beyond compliance with state and federal laws, regulations, and guidelines. The aim was – and remains – to transform the campus culture. The recommendations included bold steps in creating and delivering strong prevention programs, actively supporting victims when violence does occur, and effectively holding perpetrators accountable. Review The recommendations in the Final Report: Goals and Recommendations included: 2-year review – In November 2015, review outcomes of changed policies, procedures, staffing, and resources to determine new or different needs. This document serves as the 2-year review, as well as an update on implementation efforts. 3 2015 Update and Two-Year Review Implementation The following document includes each of the 18 original 2013 recommendations and a 2015 status update on each one. In some instances, a specific program or group is identified as leading or being responsible for implementation work; however, all work has been done collaboratively among service providers and other partners. Service Providers The UW service providers that deliver ongoing prevention and response work, and who deserve credit for implementing the majority of the recommendations from the Task Force on Sexual Assault Prevention and Response Final Report: Goals and Recommendations, include: • • • • • • • • Community Standards and Student Conduct (CSSC) Investigators Health & Wellness Education and Training Coordinator Health & Wellness Victim Advocate SafeCampus Title IX Coordinator University Complaint Investigation and Resolution Office (UCIRO) Investigators University of Washington Police Department (UWPD) Officers University of Washington Police Department (UWPD) Victim Advocate These service provider offices had been doing sexual assault prevention and response work before the Task Force convened and will continue to do so after its charge has been met. The institution’s ongoing commitment to shift the culture to eradicate sexual assault is evidenced through the work of the dedicated, professional, and caring people in these offices. Future Efforts Specific work plans to ensure the implementation of existing Task Force recommendations, and the identification of new and ongoing improvement efforts, are the responsibility of these service providers. Many collaborative work groups have been convened, and their work has been coordinated though the university’s Title IX Committee. Please see Recommendation 18 for an update on ongoing institutional oversight of these efforts. 4 Collaborations Collaborations The issue of sexual assault has received notable attention in the past several years. The University has had many opportunities to share its work and learn from others; here are a few examples: Washington State Task Force. The Governor appointed a Washington State Task Force on Sexual Assault, and Amanda Paye, Title IX Coordinator, is the University’s representative. The Task Force is chaired by UWPD Chief and UW Task Force member, John Vinson, representing the Washington Association of Sheriffs and Police. The UWPD Victim Advocate, Natalie Dolci, is also participating on the Task Force, serving as Board member representative of King County Coalition Against Domestic Violence. Statewide Council of Presidents Conference on Sexual Assault Prevention and Response. The Council of Presidents approached UW and other institutions about developing a conference on sexual assault prevention and response practices. UW hosted the conference, and it was attended by 500 administrators, policy makers, faculty and staff from more than 50 public and private colleges. University of Washington faculty and staff were among the presenters. Military. While the higher education and military cultural contexts are different, there is overlap in the demographics of the communities, and many of the approaches to sexual assault prevention and education can be shared. USS Stennis. Representatives from the USS Stennis contacted UW in December 2013, after the UW Task Force on Sexual Assault goals and recommendations were released, to request that we share our best practices and lessons learned. Executive Officer Kyle Higgins and Command Judge Advocate Clifton Hutchinson came to campus for a full day to meet with service providers and Task Force members to learn about UW resources, policies and practices. In March 2015, a delegation of UW Task Force members and service providers attended a meeting on the USS Stennis to continue sharing information and ideas. Joint Base Lewis-McChord (JBLM). In 2014-15, UW service providers met multiple times with representatives from JBLM to share ideas, challenges and best practices. 5 Puget Sound Colloquium. University of Washington Tacoma sponsored the 2015 Puget Sound Colloquium, "Title IX: Beyond Athletics," in January 2015 that brought together nearly 500 practitioners from student affairs and enrollment services from colleges all along the I-5 corridor. The panel included nationally recognized speakers. Seattle Police Department (SPD). The Sexual Assault Unit has reached out to colleges within SPD jurisdiction to develop a workgroup to discuss current procedures and protocols as well to develop resources and relationships for the future. The workgroup, which includes victim advocates, Title IX Coordinators, and campus security/law enforcement, will meet bi-annually. 6 Guiding Principles The following principles, developed by the Task Force, lay the foundation for and should continue to guide sexual assault prevention and response policy and work at the University of Washington. Create Cultural Change Addressing sexual assault requires an assessment of the current climate and where necessary, a culture shift. Our strategy is a comprehensive approach to violence prevention that: • • • • • Acknowledges that the vast majority of sexual assaults are perpetrated by a person or persons known to the victim Recognizes the complex and often co-occurring relationship between alcohol and drugs and sexual assault Challenges the propensity for victim-blaming Promotes the acceptance of a broad spectrum of sexual choices, from abstinence to “sex-positive” Understands and clearly defines the meaning and nature of consent Take a Community Approach Addressing sexual assault requires a holistic approach. We aim to raise awareness of issues, resources and responsibilities among all members of the campus, providing each with the skills and empowerment to promote a caring community in which students are safe from sexual assault, harassment, and discrimination. We must embrace institutional best practices and guiding principles that ensure common direction and approach. We hold that this responsibility is shared by every employee and student, not only by the few offices, staff and student groups dedicated to this work. Start from the Student Perspective When developing education and prevention programming, support services, and timely and effective accountability systems, we start from the student perspective. This ranges from writing in clear language, to providing appropriate opportunities for student participation in policy development, to gathering student feedback about effectiveness of programs and practices. Best practices are and should be student-focused. Administrative functions follow this lead. It is our position that this approach is closely aligned with the goals of both compliance and culture shift. 7 Recommendations and Status Updates Have a visible, robust, easily-accessible, collaborative network of response and intervention services for students in need Recommendation 1 Develop roles and clarify process among departments providing response and intervention services 2013 Recommendation The UW has a network of critical support services and resources in place: Sexual Assault and Relationship Violence (SARIS), student conduct offices, University of Washington Police Department (UWPD)/campus security offices, Violence Prevention and Response Program (SafeCampus), counseling centers, Victim Advocate in UWPD, and Title IX Coordinator. Staff are dedicated and knowledgeable. These services, however, have been developed in an ad hoc manner and supported through a variety of financial and administrative avenues, which can lead to role confusion, gaps in services, or bottlenecks in administrative processes involving multiple departments. In order to do the best possible prevention work and respond in a timely and effective manner to instances of sexual assault, clarification of roles and strengthening of collaboration are critical. 2015 Status Update Process Improvement and Role Clarification. A series of hands-on, indepth meetings were held with the service provider offices. The purpose was to: • • • • Begin from the student perspective to identify the range of services that might be needed after a sexual assault Ensure that students receive the same preliminary safety assessment and information, regardless of where they go first Clarify the role of the Title IX Coordinator and the role of SafeCampus regarding sexual assault prevention and response Enhance effective collaboration to ensure that: o the student doesn’t receive too much or too little communication and outreach from the various offices o the student doesn’t unnecessarily have to repeat her or his story o information is shared among service provider offices only on a “need to know” basis 8 Resources. The following new full-time position needs were identified, resources committed, and hiring completed: 1. Title IX Investigator, Community Standards and Student Conduct 2. Training and Education Specialist, Health & Wellness The following role was expanded: 3. Health & Wellness Student Advocate (formerly SARIS Specialist) funding increased to full time from 80%. Position refined to expand the breadth and depth of advocacy services provided. Training and education elements removed and put into a new, full-time Training and Education Specialist (see above). 9 Recommendation 2 Create and maintain one website with comprehensive information about sexual assault 2013 Recommendation It is critical that students, staff, academic personnel, parents, and other members of the UW community can easily access information, including resources, FAQ’s, policies, and programs relating to sexual assault. This information is currently available, but it is spread widely across multiple websites hosted by the owner of each narrow content area. A single website with an intuitive URL (uw.edu/sexual assault, for example) should be developed and maintained to house information from various service providers, regardless of where they report administratively. 2015 Status Update A single comprehensive sexual assault website – aimed at students as the primary audience, but accessible to the entire community – was created: www.uw.edu/sexualassault. Service provider offices collaborated to create content, and a focus group of students was convened to gather feedback on the site to ensure it was clear, concise, and student-friendly. The website includes information on support services (advocacy, medical care, safety planning, counseling, community resources), and reporting options (to police and to the University), as well as UW policies and code, and how to help a friend who has been affected by sexual assault. Efforts are still underway to ensure that various UW webpages “point” to this page in order to elevate its visibility. The Title IX website, under Compliance Services, will be enhanced to include a broader and deeper explanation of the areas that Title IX covers (e.g. sexual assault, transgender students, athletics, pregnant and parenting students), and information relating to employees’ responsibilities to students who disclose incidents of sexual assault to them. 10 Recommendation 3 Ensure medical care resources, including Sexual Assault Nurse Examiner (SANE) exams, are available in close proximity to campus 2013 Recommendation The first need for a student who has been sexually assaulted is medical care. Sexual Assault Nurse Examiners provide free forensic exams, known as “rape kits,” which include emergency contraception, sexually transmitted disease (STD) prevention, and treatment of wounds, as well as forensic exams to gather evidence and document bruising and injuries. A police report is not necessary at the time of the SANE exam. Evidence and information are saved for possible reporting and prosecution at a later date. Currently, the closest SANE nurse to the UW Seattle campus is at Harborview. The UW has world-class medical facilities. An evaluation should be done of whether SANE nurse resources can be enhanced within the UW Medicine system, particularly close to the Seattle main campus. The website developed pursuant to Recommendation 2 should provide information about other nearby SANE nurses, including for Bothell and Tacoma students, as well as transportation options to access these vital services. 2015 Status Update Proposed and implemented independently of the Task Force on Sexual Assault Prevention and Response, an effort is underway to expand the Sexual Assault Nurse Examiner (SANE) program beyond Harborview to the other UW Medicine hospitals: UW Medical Center (UWMC), Valley Medical Center, and Northwest Hospital. Effective August 3, 2015, the SANE program expanded to Valley Medical Center. UW Medicine is on track to roll out the SANE program to UWMC in early 2016; the date for Northwest Hospital has not yet been determined. Harborview’s SANE program, established in 2000, is managed by the Harborview Center for Sexual Assault and Traumatic Stress (HCSATS). In addition to the UW Medicine Hospitals, Harborview SANEs provide services to Swedish, First Hill and Seattle Children’s Hospital. The newly-created comprehensive sexual assault website, www.uw.edu/sexualassault, developed pursuant to Recommendation 2, lists various medical care providers, including those that provide SANE exams, in Seattle, Tacoma and Bothell. 11 Recommendation 4 Provide resources for students at all three campuses 2013 Recommendation Students, regardless of status or location, should have access to basic, comprehensive sexual assault prevention education and response services. Each campus is already equipped with many necessary services, such as counseling and student conduct. Expanded resources for sexual assault prevention and response will allow for expanded services to all three campuses. A coordinator of sexual assault support services, possibly a deputy Title IX Coordinator, should be identified for each campus. 2015 Status Update A newly-created and hired position, Title IX Investigator, is housed in Community Standards and Student Conduct in Seattle, but is available to assist with occasional investigations and for consultation with and training of Tacoma and Bothell Student Conduct Offices. A newly-created and hired position, Training and Education Specialist, is housed in Health & Wellness in Seattle, and is creating a comprehensive training program that will be rolled out on the Seattle campus. The training program will be made available for Tacoma and Bothell to adapt for their own campuses’ use and roll out by their staff. Neither Tacoma nor Bothell has a dedicated victim advocate for their campus. Currently, services, support, and response are provided by various student support personnel through a collaborative but patchwork approach. (Although based in Seattle, UWPD Victim Advocate is available for students and employees at all campuses.) It is recommended that each campus have one full-time, dedicated employee to provide victim advocacy and training and education programs. 2015 Resource Request The Task Force recommends funding one full-time employee at UW Tacoma, and one full-time employee at UW Bothell, to provide victim advocacy and training and education programs related to sexual assault. The exact position titles, job descriptions and reporting lines would be determined by each campus. 12 Educate all students about sexual assault Recommendation 5 Provide comprehensive training campaign for all students 2013 Recommendation Because research indicates that students in their first few weeks of college are at particularly high risk for sexual assault, it is imperative that training occur at orientation. Additional training should follow at multiple points during the first year, as well as during subsequent years of college and for graduate and professional students. SARIS and other Health & Wellness programs have developed and started implementing a model curriculum based on research regarding student learning and positive behavior change. The expertise exists on campus to create and implement cutting edge educational programs. Lack of resources and staffing prohibit the large scale expansion of these outreach services. Further, access and opportunities to engage with student groups and departments are imperative. The positive relationships built between Health & Wellness and Intercollegiate Athletics (ICA), First Year Programs (FYP), and Fraternity and Sorority Life are models for success. Expanded service provider capacity and endorsement from university administration has the potential to extend this reach to every student. 2015 Status Update A newly-created position, Training and Education Specialist, is housed in Health & Wellness in Seattle. A five-year collaboration between First Year Programs (FYP) and Health & Wellness has been established to develop an education campaign to be launched at orientation and continued throughout students’ critical first year on campus. Topics will include: sexual assault, healthy relationships and behaviors, alcohol and other drug use, depression and suicide risk, and more. In-person facilitation of summer orientation sessions reach almost 8,000 incoming freshmen and transfer students each year; in 2015, the Seattle campus had an attendance rate of 98%. Other in-person, ad hoc trainings have been conducted as well, reaching an additional 1,730 students in the 2014-15 school year. The scope and reach of the training and outreach will increase in 2016 and beyond. The Peer Health Educator (PHE) program was moved from Hall Health to Health & Wellness and expanded to include four paid student positions, 25 returning volunteers and 40 new volunteers. PHE provided a workshop on Sex, Consent and Alcohol that reached 1,670 students in the 2014-15 school year. An additional 1,460 students were reached through events such as Sextravaganza, residence hall programs and the PHE Spot. 13 Recommendation 6 Create targeted training for special groups of students: fraternities and sororities, men, student athletes, and others 2013 Recommendation Training and education for special groups is an effective means to reach affinity groups, build relationships and employ peer-to-peer training. Stereotypes, myths, accessibility and varying cultural norms and expectations require sensitive but honest and straightforward approaches to content and process. The following special groups – along with faith-based communities, students of color, the Queer (LGBTQ) community, military and veterans, and international students – may benefit from specialized training and support: 2013 Recommendation 2015 Update Men. A men’s committee should be convened to consider the creation of a Men’s Center on campus or other method of educating about respect, violence prevention, gender socialization process, and consent. Broader culture change could be accomplished through conversation, activities, and initiatives designed to involve men early in their development of behavioral habits and identities. A men’s committee has not been convened. The Task Force suggests that Student Life, Undergraduate Academic Affairs (UAA), the Graduate School, and/or curriculum development groups explore the possibility. Ed Taylor of UAA has volunteered to initiate this effort. Student Athletes. The Intercollegiate Athletics program (ICA) provides NCAA-required training on issues of sexual assault and relationship violence. A strong collaborative relationship has been established between ICA and SARIS, which should be continued and enhanced. In the 2014-15 school year, five sessions for student-athletes were held, reaching 365 student-athletes from the following areas: all first-year athletes, men’s baseball, women and men’s tennis, and women’s gymnastics. 14 Fraternity and Sorority Members. Recognition agreements with the University require that sexual assault, relationship violence and substance abuse awareness training be provided each year by fraternities and sororities to their members. Collaboration between University administration and the recognized fraternities and sororities is ongoing and should be enhanced. 2015 Status Update Building on decade-long strong relationships with fraternities and sororities, 330 fraternity and sorority students received in-person training from UW service providers in the 2014-15 school year. The Training and Education Specialist will create a comprehensive prevention education plan and will work with campus partners for implementation and delivery. Training will go beyond one-time workshops, including: planning for Wellness Education in the First Year with First Year Programs (FYP), Intercollegiate Athletics (ICA) programming, a plan for graduate and professional students, and a robust educational plan for the Greek community. Future collaborations will include Residential Life, Student Activities, Associated Students of University of Washington (ASUW), Registered Student Organizations (RSO’s), and more. 15 Recommendation 7 Develop and initiate an ongoing robust public information campaign 2013 Recommendation A robust, evidence-based education and prevention program will have the capacity to reach all three campuses with targeted healthy messages, information about consent, resources, social norms and institutional expectations. A variety of delivery methods should be employed, including email listservs, social media, mobile apps, and posters. Messages should be accessible to all audiences, sensitive to cultural variables, and provide detailed information about where to go for help and what to expect when accessing services. 2015 Status Update A comprehensive website was created. Please refer to Create and maintain one website with comprehensive information about sexual assault, Recommendation 2. A Know Your Rights booklet is being created and will include information on support services (advocacy, medical care, safety planning, counseling, community resources), and reporting options (to police and to the University) for students affected by sexual assault. All of this information is available on the website, but will also be provided in hard copy to students when they meet with service providers. A “Your Title IX Team” series of information sessions and open forums will be held for students, starting in fall 2015. The sessions will include all the employees who provide related services, including: Title IX Coordinator, Health & Wellness Student Advocate, Health & Wellness Training and Education Coordinator, UWPD Victim Advocate, Community Standards and Student Conduct, University Complaint and Investigation Resolution Office, and UWPD. 16 Create a community that knows how to respond and provide support Recommendation 8 Expand bystander training for students, academic personnel and staff 2013 Recommendation Bystander training models like GreenDot aim to reduce the incidence of sexual assault in the community and, “encourage any behavior‚ choice‚ word‚ or attitude that promotes safety for all our citizens and communicates utter intolerance for violence.” Green Dot, a volunteerbased program, has been introduced for students at UW. Current staffing levels have not allowed for a full-scale implementation of the program to students or to academic personnel and staff. The Green Dot program, as one critical element in a comprehensive prevention campaign, should be implemented on a grander scale, designed to reach every member of the campus communities. Collaboration with researchers should be pursued to evaluate and refine this national program. 2015 Status Update Green Dot Bystander Trainings (a six-hour Saturday training) saw an increase in attendance by students from 105 students in the 2013-14 school year to 239 students in 2014-15. Plans are in place to continue expanding this program’s reach over the next few years. 17 Recommendation 9 First responder training: Educate and train on how to be supportive and respond if someone reveals she/he was assaulted 2013 Recommendation Ensure that whether a student discloses to a resident advisor, professor or best friend, every person knows how to respond, provide support, and point the person in the direction of services. Training can be coordinated with Recommendations 8 and 10. 2015 Status Update Ad hoc trainings have occurred over the past several years. Proactive core competency training will be developed collaboratively by service providers and provided to faculty, staff and students. This includes first responder training for staff and faculty, first-year student programming, alcohol and other drug education, and Peer Health Educator workshops. 18 Recommendation 10 Train staff and academic personnel on their reporting requirements 2013 Recommendation Certain employees of higher education have legally mandated reporting responsibilities relating to sexual assault, in addition to reporting obligations that may be required by the institution. All university employees – including staff, academic personnel, academic student employees, and student employees – should be informed of their legally-mandated and institutional reporting requirements. Health & Wellness has implemented a new initiative this year to provide Incident Response Training to a select number of targeted audiences, such as undergraduate academic advisers and staff in Intercollegiate Athletics. Expanded service provider capacity, endorsement and institutional support from university administration, as well as partnering with Human Resources and Academic Personnel, will enable this critical training to reach all staff and academic personnel. 2015 Status Update New regulations and guidance have been released at the state and federal levels, detailing new requirements for campus confidential advisors and employee reporting obligations. University policy and practices are being developed accordingly. Training on these policies and practices will follow. In the meantime, various presentations and trainings were provided to over 350 faculty and staff in the 2014-15 school year, including Student Life staff, academic advisors, faculty, Educational Outreach staff, International Programs and Exchanges program directors, and more. 19 Provide an investigation and disciplinary process appropriate for sexual assault Recommendation 11 2013 Recommendation Transform the investigation and disciplinary process for sexual assault Police investigations The University of Washington Police Department (UWPD) is an accredited police force situated in Student Life. Their response to victims and work is in line with Task Force guiding principles; UWPD is widely respected as being sensitive to victims and knowledgeable about sexual assault. An important role within UWPD is the Victim Advocate, who has special training and expertise in providing legal advocacy and support to victims, as well as training to police officers. Services are provided to all three campuses. Review of UWPD roles and process in sexual assault prevention and response will be addressed through Recommendation 1. Due to the distribution of UW students across three campuses and cities, students might interact with one of four different police jurisdictions, depending on where an incident occurs: UWPD for Seattle campus, Bothell Police Department for UW Bothell, Tacoma Police Department for UW Tacoma, or Seattle Police Department (SPD) for non-campus Seattle locations. Three of the four have no reporting relationship to UW, although Memorandums of Understandings (MOUs) are in place. Collaboration across jurisdictions ensures that UW knows about incidents involving its students and can provide support services and/or initiate a Student Conduct Code investigation, when appropriate, parallel to a police investigation. The excellent working relationship between UWPD and SPD is a model for UWPD and other jurisdictions. 2015 Status Update Washington State Senate Bill 5518, approved by the Legislature and signed by the Governor in April 2015, requires universities to develop Memoranda of Understanding (MOU) with police departments regarding responding to reports of sexual violence. A UW workgroup is working on developing MOU between UWPD and Bothell, Tacoma and Seattle police departments, as well as the King County Sherriff’s Office. 20 2013 Recommendation Student Conduct Code investigations Limited resources for investigation and adjudication, combined with a Student Conduct Code that has not been significantly updated for many years, result in a process that could be more transparent, prompt, and equitable. The Student Conduct Code should be reviewed and revised on a fast-track timeline to ensure timely and fair resolution of allegations of sexual assault (when the accused is a UW student). Issues to be addressed through this process include: • • • • • • • • • Clear policy statement about sexual assault, including definitions of rape, sexual assault, consent, etc. Appropriate timeline for investigation, hearing, and resolution of appeals Latitude to be responsive to the needs and wishes of a victim/survivor throughout the process Appropriate training for everyone involved in the investigation and adjudication process, including judicial boards While balancing the due process rights of the accused, consider ability of the institution to proceed with adjudication: o regardless of status of any criminal investigation o when a victim is unwilling or unable to participate Involvement of attorneys in adjudication process Discipline that matches the severity of the charges, up to and including dismissal Clear articulation of rights of appeal that are offered, for both the victim and the accused Consideration of immunity policy for alcohol or drug use In conjunction with revising the Code to align more closely with Title IX, the April 2011 Dear Colleague Letter from the Office for Civil Rights, and the institution’s own commitment to an equitable and timely process, relevant policies, procedures, and educational materials should be updated. 2015 Status Update The Student Conduct Code policy revisions are still underway. An emergency rule (WAC 478-120-137) was created to provide definitions, clarify the rights of the complainant/victim, and clarify the university’s jurisdiction to address sexual misconduct regardless of whether it 21 occurs on or off campus. The following chart provides updates on specific elements: 2013 Recommendation 2015 Update Clear policy statement about sexual assault, including definitions of rape, sexual assault, consent, etc. WAC 478-120-137 (Emergency Rule) was created with the advice of faculty, staff and students and implemented in compliance with VAWA; published on the University Policy and Procedure website; and linked to CSSC website; 2015 Online New Student Orientation included definitions Appropriate timeline for investigation, hearing, and resolution of appeals Increased CSSC staff to 4.0 FTE to improve efficiency in processing and investigating cases; launched public reporting option through Advocate web form to streamline reporting; launched CSSC satisfaction survey for respondents to identify areas for improving investigations Latitude to be responsive to the needs and wishes of a victim/survivor throughout the process Continued to build relationships with student advocates to enhance current practice of being responsive to the needs and wishes of a victim/survivor Appropriate training for everyone involved in the investigation and adjudication process, including judicial boards Title IX Coordinator provided training for UDC and FAB; CSSC investigators attended numerous trainings including ASCA Gehring Academy, ATIXA, ASCA Investigator Training While balancing the due process rights of the accused, consider ability of the institution to proceed with adjudication: 1) regardless of status of any criminal investigation, and 2) when a victim is unwilling or unable to participate CSSC has always proceeded with student conduct investigations regardless of whether or not there was also a criminal investigation; CSSC has worked to build relationships with UWPD and SPD to enhance current practices regarding investigations 22 Involvement of attorneys in adjudication process Role of attorneys/advisers was clarified for both complainants and respondents in WAC 478-120-137 (Emergency Rule) Discipline that matches the severity of the charges, up to and including dismissal CSSC utilizes a full range of sanctions up to and including dismissal Clear articulation of rights of appeal that are offered, for both the victim and the accused Rights of appeal clarified for both complainants and respondents in WAC 478120-137 (Emergency Rule) Consideration of immunity policy for alcohol or drug use While there is not currently an immunity policy, CSSC has made it a practice not to charge students with alcohol or drug violations when they are involved in an investigation involving a report of sexual misconduct 23 Demonstrate compliance with all applicable federal and state laws, regulations and guidance Recommendation 12 Ensure compliance with federal and state laws, regulations, and guidance related to prevention of and response to sexual assault 2013 Recommendation As a public institution of higher education and a recipient of federal funds, the University is subject to complex and potentially conflicting federal and state laws and regulations related to the prevention of and response to sexual violence. These include: • • • • • • Title IX of the Education Amendments Act and related regulations and agency guidance, including the April 2011 Dear Colleague Letter The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery), recently amended by the Violence Against Women Act (VAWA) and Campus SaVE Act Title VII of the Civil Rights Act of 1964 Chapter 49.60 RCW – the Washington Law Against Discrimination Chapter 28B.110 RCW – Gender Equality in Higher Education Chapter 26.44 RCW – Abuse of Children Law Recent guidance issued by the relevant regulatory agencies, including the April 2011 Dear Colleague Letter from the Office for Civil Rights, has provided institutions of higher education with unprecedented insight into these agencies’ interpretation of the regulatory requirements. They also serve as a reminder of the serious consequences that can result from non-compliance, including audits, fines, and, ultimately, the risk of losing federal funding. Given this heightened regulatory environment, the Task Force recommends that those who are responsible for implementing the recommendations in this report make every effort to achieve compliance with the relevant laws, regulations, and guidance, while developing policies, processes, and training that are operationally effective and advance the goals of this report. 2015 Status Update Regulatory changes. The regulatory environment has continued to evolve, including the following new federal regulations and guidance: • White House Task Force guidance and recommendations 24 • • • April 2014 Office for Civil Rights Questions and Answers about Title IX and Sexual Violence October 2014 Violence Against Women Act Regulations (Campus SaVE Act) April 2015 Office for Civil Rights Dear Colleague Letter for Title IX Coordinators and Title IX Resource Guide Additionally, Washington State has passed laws relating to preventing and responding to sexual violence that create additional responsibilities for higher education: • • Washington State Senate Bill 5518, “Creating procedures to address campus sexual violence” Washington State Senate Bill 5719, “Creating a task force on campus sexual violence prevention” The Title IX Compliance Support program monitors these developments and collaborates with service providers to ensure institutional compliance. 25 Generate data, metrics and reporting that allow for sound decision making Recommendation 13 Survey students on rates of sexual assault and awareness of campus resources 2013 Recommendation SARIS conducted a Safety Survey in April 2011 which provided a snapshot of the incidence of sexual assault (and other forms of relationship violence or harassment) among UW students, as well as students’ awareness of resources. Sexual assault is underreported and the Safety Survey provides one avenue for obtaining important data regarding incidence. This survey should be continued and expanded to involve all three campuses and reach greater numbers of students. 2015 Status Update Health & Wellness conducted a revised version of the Safety Survey in 2014. Washington State Senate Bill 5518 (SB 5518) and President Obama’s Task Force report both include recommendations for surveys. A University workgroup has been charged with implementing these new regulatory requirements. SB 5518 requires institutions of higher education to report results from the next survey by December 2016. To meet this deadline and new requirements, an expanded UW survey will be administered in 2016. 26 Recommendation 14 Gather, track, and assess information at an institutional level 2013 Recommendation The University receives reports of sexual assaults through a variety of offices, including service providers and academic departments. It is necessary for the University to have a method to identify and track the rates of incidents in a readily accessible and centralized way, in order to recognize, assess, and address patterns or systemic issues. Student confidentiality is and will continue to be protected in accordance with laws and best practices. 2015 Status Update A data team was convened to review which data are and should be collected by service provider offices across the institution, and what information should be included in annual reports. The effort includes faculty members and researchers from the UW Task Force on Sexual Assault. A template for an institutional annual report will be created in 2016. 27 Recommendation 15 Evaluate program effectiveness regularly 2013 Recommendation All programs currently involved in addressing the issue of sexual assault on the UW campuses engage in program evaluation. However, a collaborative effort should be initiated to identify appropriate metrics, collect baseline data, and develop a program effectiveness assessment plan. Target audiences should include users of services, especially students, as well as other campus constituents. Program assessment should target all aspects of the university’s approach: prevention, education, response, service utilization and attrition, and climate improvement. 2015 Status Update In 2016, a workgroup will be charged with developing a plan for assessing institutional effectiveness of sexual assault prevention and response. Data from the semi-annual student survey (see Recommendation 13); and the gathering, tracking and assessment of service provider data (see Recommendation 14) will be used to evaluate the institution’s ongoing success in addressing these issues. The Assistant Vice President for Student Life – who supervises many of the units involved in prevention, education, response, and investigation work related to sexual assault – will spearhead this effort. 28 Establish policies and procedures that set direction, clarify intent, and guide coordinated work Recommendation 16 Revise the current Student Conduct Code sexual assault investigation and disciplinary policy and process Please refer to Student Conduct Code investigations section in Recommendation 11 for 2015 Status Update. 29 Recommendation 17 Review, revise and ensure alignment of University policies that relate to sexual assault 2013 Recommendation Ensure that all definitions, policy and process relating to sexual assault are consistent across the institution. Specifically focus on Executive Order 31 (Non-discrimination and Affirmative Action). 2015 Status Update A new UW Sexual Violence Elimination Policy, to ensure compliance with Campus SaVE Act requirements, and revisions to Executive Order No. 31, will be completed before the end of 2015. In conjunction with the development of these policies, processes are also being reviewed to ensure compliance with evolving legal requirements and to identify opportunities for process improvements. 30 Provide effective oversight and follow guiding principles to ensure common direction Recommendation 18 Provide effective oversight to guide strategic direction of Task Force recommendations 2013 Recommendation It is recommended that the Task Force be given the authority and accountability for ensuring that significant progress is made on the recommendations in this report within one year. To that end, the Task Force should continue to meet at least quarterly for the year November 2013 – November 2014. At the end of the year, in November 2014, the Task Force will evaluate progress and make a recommendation for ongoing oversight and support for achievement of stated goals. Recommendations at that time may include transfer of ongoing oversight to an existing committee doing related work (e.g., Title IX Committee or the Violence Prevention Advisory Committee), or the extension of this Task Force for a second year. 2015 Status Update and Recommendation The Task Force was charged by the President in 2013 to evaluate the current state of sexual assault prevention and response efforts at UW, identify best practices, recommend improvements to fill gaps, and oversee implementation of the recommended changes. The Task Force requests that its 2013 charge be acknowledged as complete, effective December 2015, and that the President appoint a Title IX Steering Committee for ongoing strategic oversight and leadership direction for this important work. The committee’s purview and scope should be expanded beyond that of the Task Force to: 1) cover all areas of Title IX, 2) include the University’s responsibilities under the Clery Act as they pertain to stalking, domestic violence, and dating violence – in addition to sexual assault, 3) cover employees and other members of the university community, in addition to students, and 4) be a standing committee. The existing Title IX Committee would become a working committee of this new, President-appointed Title IX Steering Committee. 31 Summary: 2015 Request and Recommendation Recommendation 4 Provide resources for students at all three campuses 2015 Resource Request The Task Force recommends funding one full-time employee at UW Tacoma, and one full-time employee at UW Bothell, to provide victim advocacy and training and education programs related to sexual assault. The exact position titles, job descriptions and reporting lines would be determined by each campus. Recommendation 18 Provide effective oversight to guide strategic direction of Task Force recommendations 2015 Status Update and Recommendation The Task Force was charged by the President in 2013 to evaluate the current state of sexual assault prevention and response efforts at UW, identify best practices, recommend improvements to fill gaps, and oversee implementation of the recommended changes. The Task Force believes this charge has been met. The Task Force requests that its 2013 charge be acknowledged as complete, effective December 2015, and that the President appoint a Title IX Steering Committee for ongoing strategic oversight and leadership direction for this important work. The committee’s purview and scope should be expanded beyond that of the Task Force to: 1) cover all areas of Title IX, 2) include the University’s responsibilities under the Clery Act as they pertain to stalking, domestic violence, and dating violence – in addition to sexual assault, 3) cover employees and other members of the university community, in addition to students, and 4) be a standing committee. The existing Title IX Committee would become a working committee of this new, President-appointed Title IX Steering Committee. 32