VAWA rules and jurisdiction can differ from Title IX policy . When in doubt, apply the more stringent of the two.
Having communication is key, as well as understanding that a person may file a criminal complaint which does not affect the Title IX or VAWA. It is important that the students and employees know that there are avenues to take and they do not just have to put up with unacceptable behavior.
The school MUST investigate any compliant that comes forward. All policies must be looked at and refined at all times.
The importance of reporting an incident to the Title IX Coordinator and Police.
Even though 60 days is considered the average time period to report, the report and investigation might be over that 60-day time frame. If that happens, so be it.
A Title IX case may not result in incarceration but will result in termination at the institute.
I found it interesting that a criminal complaint could have a different outcome then what an institution's outcome on their Title IX and VAWA findings.
Comment on Judy Whitehill's post: yes
Communication, teaching and understanding the policies is essential in understanding the polices and procedures that will help to guide practice.
It is important that Title IX Coordinators and other employees involved in Title IX grievance, investigation, and/or disciplinary procedures understand the difference between an institutional Title IX investigation and a criminal proceeding.
It is very important to investigate any complaint whether it is on or off campus or whether or not it was reported to the police if the coordinator has knowledge of the incident.
Title IV and VAWA policies regarding conducting investigations, roles in disciplinary hearings and investigations, and rights of complaintant procedures.
It was interesting to learn that a Title IX/VAWA complaint does not need to be reported to the police but it must be investigated by Title IX coordinator. You should encourage the Victim to report it to the police but sometimes there isn't enough evidence or the case is dismissed. This would be difficult for the Victim to handle, especially if they do file a police report. I believe in cases of sexual violence there should be a police report filed.
This section highlighted the importance of make the students/employees safe and aware of policy.
Weather the incident was on campus or off campus the institution is obligated to investigate it ... the student/employee is encouraged to report it and file the complaint with reassurance from the school that it will remain private ... but they do not have to file a formal complaint.
Investigation is important either way.
It was intersting to learn about the diferences in regards institutiounal and criminal grievences, as well as about the VAWA responsibilities.
Key takeaways:
- Title IX investigations are required even if criminal investigations are not
- Equal representation and opportunities are required for both parties during the investigation process (lawyer presence, appeals, etc.)
- Despite FERPA, sanction information can be provided to the victim
This program provides valuable education including raising consideration of the importance of the impact of emails and off campus effects on students, and how all of this is relevant to Title IX.
Through this content I have learned the Title IX Coordinator has a very important role. This role provides support to the accuser, helps the institution and ensures a fair investigation for the accussed. With all of these requirements I understand the need to suport the coordinatpr and why it is of value to train others throughout the institution. Learning is done successfully when there is a safe environment to leaern in. Title IX along with VAWA works to support this safe environment.
If the offense takes place off campus and it was part of campus related program or activity then the campus must begin looking into the report of misconduct.
all offences should be reported and investigated
the incident can occur off campus and still be investigated. Even if police investigaion ends and no indictment the school must continue its investigation. All parties to be treated equal.
