Discussion List for campus-based and allied personnel working to end gender-based violence on campus.

["Mary A. Wyandt-Hiebert" <>]

Regarding obligations of institutions in which the perpetrator and victim are at different schools, and regarding the next step beyond the institution…..Here are some key points from https://www2.ed.gov/about/offices/list/ocr/docs/qa-201404-title-ix.pdf

 

 

B-5. How should a school respond to sexual violence when the alleged perpetrator is not affiliated with the school? (page 9 of linked document)

 

Answer:  The appropriate response will differ depending on the level of control the school has over the alleged perpetrator. For example, if an athlete or band member from a visiting school sexually assaults a student at the home school, the home school may not be able to discipline or take other direct action against the visiting athlete or band member. However (and subject to the confidentiality provisions discussed in Section E), it should conduct an inquiry into what occurred and should report the incident to the visiting school and encourage the visiting school to take appropriate action to prevent further sexual violence. The home school should also notify the student of any right to file a complaint with the alleged perpetrator’s school or local law enforcement. The home school may also decide not to invite the visiting school back to its campus.

 

Even though a school’s ability to take direct action against a particular perpetrator may be limited, the school must still take steps to provide appropriate remedies for the complainant and, where appropriate, the broader school population. This may include providing support services for the complainant, and issuing new policy statements making it clear that the school does not tolerate sexual violence and will respond to any reports about such incidents. For additional information on interim measures see questions G-1 to G-3.

 

 

Also directly from the same document:

 

N-1. Whom should I contact if I have additional questions about the DCL or OCR’s other Title IX guidance?  (see page 44 of above linked document)

 

Answer:  Anyone who has questions regarding this guidance, or Title IX should contact the OCR regional office that serves his or her state. Contact information for OCR regional offices can be found on OCR’s webpage at https://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm.   

 

If you wish to file a complaint of discrimination with OCR, you may use the online complaint form available at http://www.ed.gov/ocr/complaintintro.html  or send a letter to the OCR enforcement office responsible for the state in which the school is located. You may also email general questions to OCR at .

 

 

So, there is recourse beyond an institution’s process. If a complainant (or respondent) believes their Title IX rights have been violated and they have exhausted all possible procedures to remedy the situation (e.g. appeals process), then the next step is file with OCR as directed above.

 

 

Mary A. Wyandt-Hiebert, PhD, MCHES, CWHC

Director, STAR Central

University of Arkansas

 

From: Alice Vachss [mailto:]
Sent: Wednesday, July 12, 2017 6:00 PM
To: Caramagno, Denise <>
Cc: Peters, Sara <>;
Subject: Re: Concerns regarding jurisdiction

 

There's no way I want to minimize how unfair that is but there is still *some* recourse in the criminal and civil courts

Sent from my iPhone

On Jul 12, 2017, at 3:10 PM, Caramagno, Denise <> wrote:

I worked with a UCSF student who was raped by a student from another university.  We took our complaint to the respondent’s university.  They initiated an investigation.  We met with them and my client was interviewed only to be told  weeks later on that the respondent’s attorney asserted they didn’t have jurisdiction because the rape didn’t happen on their campus or to one of their students.  They closed the case.  Here at UCSF our Title IX office will investigate any complaint of wrongdoing by any UCSF affiliate.  If they don’t have a relationship with the respondent they won’t investigate.  That left my client with no recourse. 

 

 

Denise Caramagno, M.A., M.A., LMFT

Confidential CARE Advocate

Director

Campus Advocacy, Resources, and Education for Sexual Assault and Gender-based Violence

Office of Diversity and Outreach

University of California at San Francisco

500 Parnassus, Millberry Union East, Room 233

San Francisco, Ca. 94143

Tel: (415) 502-8802  Cell: (415) 640-9080

 

Pronouns: “She/Her/Hers"

 

Office of the CARE Advocate

 

CARE Video

 

CARE Program on Facebook

Office of Diversity and Outreach  E-Brochure

 

Annual Diversity and Outreach Report

 

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From: Peters, Sara []
Sent: Monday, July 10, 2017 9:15 AM
To:
Subject: Concerns regarding jurisdiction

 

Hi All,  

 

We have a case where a UTC student was raped by a student at another university. After putting the student through a long investigative and hearing process, they found the respondent responsible. The respondent promptly appealed and the decision was overturned based on jurisdiction. There Title IX policy states the following:

 

"the conduct occurs outside the context of a University employment or educational program or activity, but has continuing adverse effects on or creates a hostile environment for students, employees or third-parties while on campus or University property owned or controlled by the University or in any employment or education program or activity."

 

Basically, because the complainant was not a student they claim they have no jurisdiction over the case. At UTC, we hold all students accountable for the policy regardless of the identity of the victim or their status as a non-UTC student. Is this not the case at many other universities? If this is not the case, is the complainant informed before an investigation and hearing? I’m a wee bit upset about how this was handled. 

 

 

Sara K. Peters
Women's Center Director
University of Tennessee at Chattanooga
University Center 351A
423-425-5605

Courage doesn’t always roar. Sometimes courage is the quiet voice at the end of the day, saying, “I will try again tomorrow.” 
– Mary Anne Radmacher

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