SCI Webinar Charting The Uncharted Part II Follow-Up
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SUNY
Guidance and Training Opportunities
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BIG ANNOUNCEMENT: Four-dozen attorneys from two-dozen leading law firms and institutions will team to create
Joint Guidance on Federal Title IX Regulations and will make this guidance available absolutely free.
We know that the Department of Education is in the final stages before issuing its Regulations and, when it does, that a number of companies will seek to sell you expensive guidance and explanations claiming “special insider knowledge”
or offering some type of “certification.” In the Joint Guidance, leading higher ed attorneys are working together, pro bono, to provide the highest quality guidance at absolutely no cost, so you can apply funds to other campus needs.
Note, we will also live Tweet guidance and info
@SUNYSCI
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More details at the bottom of this e-mail.
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Charting the Uncharted
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We were so glad to have nearly 1,500 and nearly 1,300 registrants for Parts I and II of our rapid response webinar,
Charting the Uncharted. Registrants hailed from 47 states and territories and 5 Canadian provinces.
Because of the Webex outage, we recorded Part II and
it is available on our
website. We have collected a
number of resources on our SCItations blog that are, of course, free and open source. Still have questions?
Feel free to submit them via this form and we will answer (anonymously) and publish: bit.ly/SCICoronaQuestion.
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Assistant Director Position Search
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Charting the Uncharted: Resources
Referenced
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SUNY
SCI Coronavirus Conduct Process SAMPLE ONE PARTY WAIVER and
SAMPLE TWO PARTY WAIVER (both of which are available for institutions to use, in whole or in part, as
is or modified, pursuant to a Creative Commons Attribution-NonCommercial-ShareAlike 4.0
International license at absolutely no cost, provided that they are used for non-commercial purposes).
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SUNY SCI Tech Guide (pdf)
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State and Local Quarantine Laws: bit.ly/quarlaw
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SCI Report on Dixon v. Alabama: bit.ly/dixonat60
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SCI Report on the duty of care and the "special relationship": bit.ly/specialrelationship
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SCI Report on Nonconsensual Pornography: bit.ly/NPmemoSCI
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SCI Report on Bias-Related Response Teams: bit.ly/biasrelated
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SEVP March 9, 2020 Coronavirus Broadcast: https://www.ice.gov/doclib/sevis/pdf/bcm2003-01.pdf
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The Department of Education issued a webinar and fact sheet specific to students with disabilities: https://www.ed.gov/news/press-releases/us-department-education-releases-webinar-fact-sheet-protecting-students-civil-rights-during-covid-19-response
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The Department of Education’s March 5, 2020 Electronic Announcement on Title IV: https://ifap.ed.gov/electronic-announcements/030520Guidance4interruptionsrelated2CoronavirusCOVID19
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The Department of Education’s March 20, 2020 Guidance on FERPA and Virtual Learning: https://studentprivacy.ed.gov/resources/ferpa-and-virtual-learning
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The Department of Education’s Office for Civil Rights Revised Sexual Harassment Guidance, January 2001: https://www2.ed.gov/about/offices/list/ocr/docs/shguide.html
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The Department of Educations’ Office for Civil Rights Dear Colleague Letter on the First Amendment, July 2003: https://www2.ed.gov/about/offices/list/ocr/firstamend.html
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The Department of Education’s Office for Civil Rights Dear Colleague Letter on Bullying and Harassment, October 2010: https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201010.html
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SUNY Sexual Assault & Violence Response (SAVR) Resources: https://www.suny.edu/violence-response/
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SUNY SAVR Immigration & Visa Information Resources: https://www.suny.edu/violence-response/Visa-and-Immigration-Resource/
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Landing page for Joint Guidance on Federal Title IX Resources: https://system.suny.edu/sci/tix2020/
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Sexual & Interpersonal Violence Prevention & Resource Course (SPARC): https://system.suny.edu/sexual-violence-prevention-workgroup/online-training/
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Barnard College
COVID Guidance Pages: alert.barnard.edu
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National Victims’ Services Resources
National Domestic Violence Hotline
Staffed 24 hours a day by trained counselors who can provide crisis assistance and information about shelters, legal advocacy, health care centers, and counseling.
Text: Text LOVEIS to 22522
National Sexual Assault Hotline
Department of Defense Safe Helpline (Service Members)
202-540-5962 (For those unable to call toll-free or DSN)
Safe HelpRoom is a group chat service that allows survivors of sexual assault in the military to connect with, and support one another in a moderated and secure online environment. Safe HelpRoom discussions
have a moderator who can provide referrals and help keep the conversation focused on survivors' needs as well as a reviewer who ensures all participants adhere to the Ground Rules.
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Cases we Referenced on the webinars:
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Doe v. Baum, 903 F.3d 575, 583 (6th Cir. 2018)
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Doe v. Univ. of Cincinnati, 872 F.3d 393, 406 (6th Cir. 2017)
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Doe v. Allee, 30 Cal. App. 5th 1036, 1066 (Cal. Ct. App. 2019)
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Doe v. Westmont Coll., 34 Cal. App. 5th 622, 635 (Cal. Ct. App. 2019), reh'g denied (May 17, 2019)
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Dixon v. Alabama, 294 F.2d 150 (5th Cir
1961)
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Regents of Univ. of California v. Superior Court, 413 P.3d 656 (Cal. 2018).
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Nguyen v. Massachusetts Inst. of Tech., 479 Mass. 436, 453 (2018)
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Munn v. Hotchkiss Sch., 326 Conn. 540 (Conn. 2017)
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Feminist Majority Foundation v. Hurley, 911 F.3d 674 (4th Cir. 2018)
Two higher ed law firms published useful articles about investigations during this time. We are sharing them here with the permission of the authors:
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Steven M. Richard (Nixon Peabody), Addressing
Title IX obligations, due process, and student reasonable expectations in the face of the COVID-19 pandemic (Mar. 17, 2020).
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Sarah A. Luck (Bond Schoeneck & King), Campus Closed, Case Closed? Not
So Fast (Mar. 19, 2020).
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Some folks asked about the Casebook
referenced on the webinar. Here is a brief
video we prepared for our members that briefly describes the Casebook and what it does.
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If you still have a question, submit it through
this form. We will endeavor to answer as many questions as we can and will put them up on our
SCItations Blog (please be patient as we work through the questions).
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You can also follow @SUNYSCI
on twitter for breaking updates.
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Joint Guidance on the Title IX Regulations
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Even as we work through the challenges posed by the novel coronavirus, we are also awaiting the issuance of Title IX regulations. This may lead to significant changes in the investigation and adjudication of certain
college cases. We are aware of the level of anxiety on our campuses posed by the uncertainty around the regulations, and to help with that, the
SUNY Student Conduct Institute is proud to partner with 45+ attorneys from
20+ law firms and institutions on a
Joint Guidance on Federal Title IX Regulations.
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In the Joint Guidance, we will review each provision and provide analysis and initial guidance regarding implementation and challenges that may arise. The Joint Guidance is intended to be thoughtful, high-quality,
and widely available to institutions large and small, public and private, urban and rural, well-resourced, and budget challenged. Crucially, there will be no charge to access the Joint Guidance or any of its components and it will be continuously updated as
additional resources come online. While hosted and coordinated by SUNY, this is a project of equal partners dedicated to collegially helping colleagues in higher education.
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Culture of Respect @ NASPA & SUNY Webinar
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