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Clery > Policies, Procedures and Programs > Flashcards

Policies, Procedures and Programs Flashcards

1
Q

Do your policy statements need to accurately reflect what your institution currently does to prevent dating violence, domestic violence, sexual assault and stalking, and the procedures it follows when one of these crimes is reported.

A

Yes

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2
Q

Your statement must include what 8 items?
list as many as you can

A

a. description of the institution’s educational programs and campaigns to promote the awareness VAWA crimes.

b. description of the institution’s ongoing prevention and awareness campaigns for students and employees. These campaigns must provide the same information as primary awareness and prevention programs.

c. the procedures victims should follow if VAWA crime

d. information about how the institution will protect the confidentiality of victims and other necessary parties

e. a statement that the institution will provide written notification to students and employees about existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid and other services available for victims, both within the institution and in the community.

f. a statement that the institution will provide written notification to victims about options for, available assistance in, and how to request changes to academic, living, transportation and working situations or protective measures. The institution must make such accommodations or provide such protective measures if the victim requests them and if they are reasonably available, regardless of whether the victim chooses to report the crime to campus police or local law enforcement

g. a clear statement of policy that addresses the procedures for institutional disciplinary action in cases of VAWA crimes

h. a statement that, when a student or employee reports to the institution that the student or employee has been a victim of VAWA crimes, whether the offense occurred on or off campus, the institution will provide the student or employee a written explanation of the student’s or employee’s rights and options.

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3
Q

Primary prevention programs

A

programming, initiatives and strategies intended to stop dating violence, domestic violence, sexual assault and stalking before they occur through the promotion of positive and healthy behaviors that foster healthy, mutually respectful relationships and sexuality, encourage safe bystander intervention, and seek to change behavior and social norms in healthy and safe directions.

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4
Q

Awareness programs

A

community-wide or audience-specific programming, initiatives and strategies that increase audience knowledge, and share information and resources to prevent violence, promote safety and reduce perpetration.

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5
Q

Programs to prevent dating violence, domestic violence, sexual assault and stalking must be directed at (who)

A

all incoming students and new employees.

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6
Q

TRUE OR FALSE Programs to prevent VAWA crimes: The statute and regulations do not require that all students and employees take or attend the training, but we encourage institutions to mandate training to increase its effectiveness.

A

TRUE

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7
Q

Your description of the institution’s primary prevention and awareness programs for all incoming students and new employees must include

A

a statement that the institution prohibits the crimes of dating violence, domestic violence, sexual assault and stalking as those terms are defined for purposes of the Clery Act.

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8
Q

Required or Not?
Provide the definition of “consent” in reference to sexual activity, in the applicable jurisdiction

A

Required

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9
Q

Required or Not?
Provide the definitions of the terms “dating violence,” “domestic violence,” “sexual assault” and “stalking” in your institution’s local jurisdiction.

A

Required

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10
Q

What do you do if your local jurisdiction does not define a term?

A

State there is no definition

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11
Q

Bystander intervention

A

safe and positive options that may be carried out by an individual or individuals to prevent harm or intervene when there is a risk of dating violence, domestic violence, sexual assault or stalking.

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12
Q

Bystander intervention includes

A
  • recognizing situations of potential harm;
  • understanding institutional structures and cultural conditions that facilitate violence (this might include fraternity or sports cultures at some institutions);
  • overcoming barriers to intervening;
  • identifying safe and effective intervention options; and
  • taking action to intervene.
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13
Q

Risk reduction

A

options designed to decrease perpetration and bystander inaction; increase empowerment for victims in order to promote safety; and help individuals and communities address conditions that facilitate violence.

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14
Q

Information about risk reduction must not be presented in a manner that encourages

name calling
victim blaming
shaming

A

victim blaming

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15
Q

In addition to the primary prevention and awareness programs provided to incoming students and new employees, you must also provide

A

ongoing prevention and awareness campaigns for all current students and employees.

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16
Q

TRUE OR FALSE Ongoing prevention and awareness campaigns means programming, initiatives and strategies that are sustained over time.

A

TRUE

17
Q

Your campaign should use multiple strategies in a coordinated way throughout the year to reach all populations of students and employees at the institution.

Which of the following are acceptable means?
social media posts
posters
advertisements
booths at student fairs or other campus events

A

ALL OF THEM

18
Q

TRUE OR FALSE Your ongoing prevention and awareness campaigns must meet all of the same standards as the primary prevention and awareness programs provided to incoming students and new employees.

A

TRUE

19
Q

Procedures Victims Should Follow in the Case of Alleged Dating Violence, Domestic Violence, Sexual Assault or Stalking

Your statement must include

A
  • written information about the importance of preserving evidence that may assist in proving that the alleged criminal offense occurred or may be helpful in obtaining a protection order;
  • how and to whom the alleged offense should be reported;
    options about the involvement of law enforcement and campus authorities, including notification of the victim’s option to
    – notify proper law enforcement authorities, including on-campus and local police;
    – be assisted by campus authorities in notifying law enforcement authorities if the victim chooses; and
    – decline to notify such authorities;
  • where applicable, the rights of victims and the institution’s responsibilities for orders of protection, “no contact” orders, restraining orders, or similar lawful orders issued by a criminal, civil or tribal court, or by the institution.
20
Q

Procedures Your Institution Will Follow In the Case of Alleged Dating Violence, Domestic Violence, Sexual Assault or Stalking

A
21
Q

The most common standards are “preponderance of the evidence,” “clear and convincing evidence” and “beyond a reasonable doubt.” Does The Clery Act require a specific standard of evidence?

A

No

22
Q

You must provide victims of dating violence, domestic violence, sexual assault or stalking with written documentation of?

A

their rights and options.

23
Q

Institutions are prohibited from limiting the choice of advisor, or an advisor’s presence for either the accuser or the accused, in any meeting or institutional disciplinary proceeding. Can the advisor of their choice be anyone — like a friend, parent, professor, attorney or anyone else the accuser or accused would like to have with them?

A

Yes

24
Q

Can advisors be picked from a pool?

A

NO!

25
Q

How often does an official who is chosen to conduct proceedings to address allegations of VAWA crimes receive training?

A

at least once a year

26
Q

Which of the following is a required statement?

proceedings will include a fair and impartial process from the initial investigation to the final result

proceedings will include a prompt, fair and impartial process from the initial investigation to the final result

proceedings will include a fast, fair and impartial process from the initial investigation to the final result

proceedings will include a prompt and impartial process from the initial investigation to the final result

A

proceedings will include a prompt, fair and impartial process from the initial investigation to the final result

27
Q

Both the accuser and the accused will be provided with the same opportunities to be accompanied by an advisor of their choice. Is this requirement limited to students only?

A

No, employees too.

28
Q

Institutions are not required to list all examples of acceptable protective measures here but must describe the range of protective measures they may offer. These may include, but are not limited to

A
  • orders of protection, including no-contact orders, restraining orders, or similar lawful orders issued by a criminal, civil or tribal court, or by the institution;
  • transportation assistance or security escorts;
  • modifications to academic requirements or class schedules; and/or
  • changes in living or working situations.
29
Q

TRUE OR FALSE

you are not required to list all of the possible sanctions you have identified for each VAWA Offense.

A

False

30
Q

Proceeding

A

all activities related to a non-criminal resolution of an institutional disciplinary complaint, including, but not limited to, factfinding investigations, formal or informal meetings, and hearings. Proceeding does not include communications and meetings between officials and victims concerning accommodations or protective measures to be provided to a victim.

31
Q

NOTES: Protective measures should minimize the burden on the victim.

A

For example, if the complainant and alleged perpetrator share the same class or residence hall, the school should not, as a matter of course, remove the victim from the class or housing while allowing the alleged perpetrator to remain without carefully considering the facts of the case.

32
Q

TRUE OR FALSE
If there are no on- or off- campus services available, then you just omit from your ASR.

A

False, you must include a statement that there are no on- or off-campus services.

33
Q

What is considered PII?

A

anything that might identify a victim such as name, date of birth, phone number, address, etc.

34
Q

Do you have to keep accommodations confidential?

A

Yes

35
Q

A victim’s PII should never be included in what?

A

A Timely Warning Notification or the Daily Crime Log as well as reports with VAWA crimes.

Clery (15 decks)

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