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CAPPA Position Statement on Title IX Implementation for Campus Sexual Assault


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  • From: "Collins, Shannon" <>
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  • Subject: CAPPA Position Statement on Title IX Implementation for Campus Sexual Assault
  • Date: Thu, 14 Sep 2017 14:46:40 +0000
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Dear colleagues, 

 

I am sharing the following message on behalf of CAPPA, the Campus Advocacy and Prevention Professionals Association:


As a follow-up to Betsy DeVos's speech last week and the member call we facilitated on Friday, the CAPPA Leadership Council wanted to share two documents. First, we drafted a position statement about the current state and future possibilities of Title IX. Secondly, we created a list of talking points and resources as a tool for us all as we continue to have these conversations on our campus.

 

The position statement is attached as a PDF. 

 

The talking points have been copied into the body of this email below. 

 

Please let us know if you have any questions or feedback! And THANK YOU for the tireless work you all do, despite the challenges large and small. You are all so appreciated.

 

Sincerely,

The CAPPA LC

 

***************************************************

 

Talking Points and Resources

 

Transcript of Secretary DeVos speech at George Mason

 

Link to Federal Register to submit a formal comment (note the comment deadline of 9/20)

 

Fact checking of key points in speech

 

Specifically mentioned in the speech:

 

American College of Trial Lawyers task force white paper

American Bar Association Due Process Task Force recommendations

Open Letter from University of Pennsylvania law professors

Open Letter from Harvard Law Faculty

 

Gina Smith and Leslie Gomez Regional Centers white paper

 

Key talking points, in addition to our policy statement:

 

  • DeVos’s speech did not, in and of itself, change any policy. She opened the 2011 Dear Colleague letter to Notice and Comment. She did state to reporters following the speech her intention to rescind the letter, and put out interim guidance, possibly as soon as this week. 
  • The 2011 Dear Colleague letter and 2014 FAQ document represent two pieces of guidance among many Department of Education guidance documents (including 2 major ones from 1997 and 2001, both of which compel schools to address sexual assault). 

    It is well-established that schools have to address sexual harassment and assault, by the original Title IX legislation, regulatory guidance, court cases, and state legislation. Secretary DeVos can’t change this.
  • There are ways for CAPPA members, allied student affairs professionals, and students to get involved. The formal comment deadline is 9/20. If you are employed by a state school, community college, or state or federal agency, please be particularly aware of your institution’s guidelines clarifying how to offer comment as a private citizen vs. on behalf of your institution. You can also call your Congressional or state legislative delegation and remind them of the overwhelming voter support for addressing these issues.

 

  • There are many trauma-informed practices that are well-established as best practice in a range of fields--education, human services, and law-enforcement. These practices are good for survivors of trauma and for responding students. These include things like having access to a process advisor and/or advocate at all stages of the process, having transparent, consistent policies and procedures, utilizing investigators and adjudicators who are specially trained on trauma-informed practice, and providing written copies of documents and decision letters. These are equitable practices which safeguard the procedural equity for all students involved in conduct processes.
  • Student survivors have particular needs for both a process advisor who is knowledgeable about the student’s options and the school’s process, as well as emotional support around both the trauma itself and revictimization that can happen in the process. 

    It is not appropriate for a dedicated survivor advocate on campus to provide services to respondents. Responding students can be offered the services of other on- and off-campus mental health clinicians and chaplains for emotional or spiritual support, as well as the services of deans or student affairs professionals to address issues related to stress management and academics.

 



Shannon Collins, LCSW
Campus Training & Technical Assistance Program Manager

University of Colorado Denver  |  School of Public Affairs  |  Center on Domestic Violence

1380 Lawrence Street, Suite 440R, Denver, CO 80204 I Campus Box 142

PO Box 173364, Denver, CO 80217-3364

303.315.2319 |F 303.315.2054| 

domesticviolence.ucdenver.edu

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Attachment: CAPPA Position Statement on Title IX.pdf
Description: CAPPA Position Statement on Title IX.pdf




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