I agree with Sheila's comments on this isssue.
It is interesting to note that the institution has considerable latitude in some components and very strict mandates in others. It is important to know the differences and similarities
Institutions are required to investigate all allegations of impropriety regardless if a police report is filed.
I learned about on campus and off campus differences. Also learned that it is not required for victims to report it to the police, however they are encouraged to.
I have learned that even if a report is not claimed as a criminal offense due tothe nature of evidence available, the campus should still keep the records and help the victim.
I learned that the evidence required for a Title IX is less than what is required for a criminal offense. Have to report and perform an investigation.
I found it very interesting that under title IX, an institution is obligated to investigate an act of cyberstalking, even if the event occurred off campus because it can still create a hostile environment for the student. I wonder what are the circumstances in which the victim and/or the perpetrator wanted an attorney or legal representation and why the institutions would advice against it? How about in circumstance the victim/perpetrator does not have the funds for an attorney but desires one; I know institutions are obligated to provide a network of social resources, but this is a specific and costly resource.
Investigations under the Title IX umbrella are not necessarily limited to campus property or campus-associated events; any incident involving a member of the educational community that causes continued distress is grounds for a Title IX investigation. Documentation and proper procedure protect both victims and institutions and ensure accountability from all parties.
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.
all offences should be reported and investigated
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.
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.
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.
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
It was intersting to learn about the diferences in regards institutiounal and criminal grievences, as well as about the VAWA responsibilities.
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 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.
Title IV and VAWA policies regarding conducting investigations, roles in disciplinary hearings and investigations, and rights of complaintant procedures.
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.
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.
