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Compliance

Federal law (and in New York and other states, State law) require annual training of certain officials (which can include students) who have a role in the review, receipt of, investigation of, adjudication of, and appeal of certain reports of sexual, interpersonal, and related violence.

While specific elements of each required concept are not established in statute/regulations, every person who has a role in receiving reports, investigation, adjudication, hearing, appeal, and advisement for student reports must be trained in each and every concept every year. The SCI will accomplish this through a library of live and digital trainings tied to each concept that participants can choose from each year.

The Clery Act as amended by the Violence Against Women Act, Title IX of the Education Amendments of 1972 (as interpreted both before and after recent September 2017 Office for Civil Rights guidance), and New York State’s Education Law 129-B all require different types of training in recognizing, reporting, investigating, and adjudicating unequal treatment on the basis of sex, sexual harassment, sexual and interpersonal violence, and other violence.

At a minimum, an analysis of the three laws, their regulations, and guidance would require that relevant college officials be trained in:

• The College’s sexual misconduct/Title IX grievance procedures, Federal and State guidance on implementing these procedures, the requirements of the Violence Against Women Act amendments to the Clery Act and Education Law 129-B on investigation and adjudication procedures, and relevant prohibitions on retaliation.
• Information on working with and interviewing persons subjected to sexual and interpersonal violence;
• Information on working with and interviewing persons accused of sexual and interpersonal violence;
• Information on working with and interviewing witnesses and bystanders to sexual and interpersonal violence;
• Information on particular types of conduct that would constitute sexual violence, including same-sex and gender non-conforming sexual violence;
• The proper standard of review of allegations of misconduct and how to apply that standard both in investigations and in adjudications;
• Information on consent and the role drugs and alcohol can play in the ability to consent;
• Information on amnesty from drug and alcohol conduct charges when reporting individuals or bystanders disclose violence at or near the time of drug or alcohol use;
• The importance of accountability for individuals found to have committed misconduct;
• The need for remedial actions for the respondent, complainant, and campus community;
• How to determine credibility; how to evaluate evidence and weigh it in an impartial manner;
• How to analyze testimony, documentary, digital, and other evidence;
• Confidentiality;
• The effects of trauma;
• Transcript Notation standards and rules; and
• Cultural awareness training regarding how violence and misconduct may impact students differently depending on their backgrounds.

Further, litigation can change the interpretations of the requirements of due process under the Constitution and appropriate staff need to be trained in relevant elements and requirements to reduce the chance of acting in violation of a court decision (also reducing litigation costs).

Title IX Compliance Topics

(at least one time; annually as best practice):

• TIX Conflicts & Bias
• TIX Investigative Reports
• TIX Relevant Evidence
• TIX Technology
• TIX Investigation & Grievance Procedures
• TIX Jurisdiction
• TIX Sexual Harassment

Every individual who has been identified as a Title IX Coordinator, deputy, investigator, decision-maker for hearings and appeals, and/or a person who facilitates an informal resolution process must complete these seven basic Title IX topics at least one time. Title IX officials are encouraged to pursue advanced trainings once they have completed these seven basic topics and to review existing Title IX modules if they are updated. The regulatory requirement for training on these topics is found in the 2020 Title IX Regulations, at 34 C.F.R. 106.45(b)(1)(iii).

VAWA/Clery Compliance Topics

(annual):

• Understanding Sexual & Interpersonal Violence
• Investigation Process
• Adjudication Process
• Consent
• Cultural Awareness 
• Understanding the Conduct Participant Experience*
• Federal Legal Requirements

These training topics, which are required to be completed annually by any individual who is involved in conducting a sexual misconduct grievance or conduct process, may be found in the 2014 VAWA regulations, at 34 CFR 668.46(k)(2)(ii) as well as at 34 CFR 668.46 paragraphs (b) and (j).  Some of these requirements are discussed in the regulations as required for an institution’s prevention & awareness training for all students and employees, rather than specific training for officials involved in response. However, to serve as officials in cases of sexual, interpersonal, and related violence, individuals need to understand the related topics that their institution is training its full community on, including those areas focused on prevention and awareness.

NYS 129-B “Enough is Enough”

NYS 129-B requires that individuals receive annual training in conducting investigations of sexual violence, the effects of trauma, impartiality, the rights of the respondent, including the right to a presumption that the respondent is “not responsible.”