The HEA defines the new crime categories of domestic violence, dating violence, and stalking in accordance with section 40002(a) of the Violence Against Women Act of 1994 as follows:
“Domestic violence” means a “felony or misdemeanor crime of violence committed by:
- a current or former spouse or intimate partner of the victim,
- a person with whom the victim shares a child in common,
- a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner,
- a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies [under VAWA], or
- any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.”
“Dating violence” means “violence committed by a person:
- who is or has been in a social relationship of a romantic or intimate nature with the victim; and
- where the existence of such a relationship shall be determined based on a consideration of the following factors:
- the length of the relationship;
- the type of relationship; and,
- the frequency of interaction between the persons involved in the relationship.”
“Stalking” means “engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
- fear for his or her safety or the safety of others; or
- suffer substantial emotional distress.”
Requirements (Source: American Council on Education):
- Report the listed violence beyond crime categories the Cleary Act already mandates;
- Adopt certain student discipline procedures, such as for notifying purported victims of their rights; and
- Adopt certain institutional policies to address and prevent campus sexual violence,
New Student Discipline Requirements
- Inform new students of procedures victims should follow – who to report offenses to
- Institutional policy should include:
- Victims’ option to, or not to, notify and seek assistance from law enforcement and campus authorities.
- Victims’ rights and institutional responsibilities regarding judicial no-contact, restraining, and protective orders.
- Standards for investigation and conduct of student discipline proceedings
- Policy must include a “statement of the standard of evidence” used.
- Trained institutional officials who conduct the proceedings and hearings in a manner that “protects the safety of victims” and “promotes accountability.”
- Policy must identify “sanctions or protective measures” may impose by the institutions following a final determination of rape, acquaintance rape, domestic violence, dating violence, sexual assault or stalking.
New Requirements to Educate Students and Employees on Sexual Violence
- Must have training programs in place.
ASCC Governance Manual (p. 53)
Policy 4207: Violence in the Workplace
ASCC encourages a safe campus environment for all employees and students. A safe environment free from acts of threats of physical violence, including harassment, intimidation and other disruptive behavior in the workplace will not be condoned or tolerated. All reported incidents of workplace violence shall be taken seriously and shall be dealt with appropriately.
Violence – for this policy, it is defined as the deliberate and wrongful violation, damage, or abuse of persons or property and includes threats of violence.
“Acts of threats or violence” include conduct against persons or property sufficiently severe, offensive, or intimidating to alter employment conditions or to create a hostile, abusive, or intimidating work environment for any college employee/student. Such behavior can include oral or written statements, gestures, or expressions that communicate a direct or indirect threat of both mental and physical harm.
- Policy 4211: Harassment/Sexual Harassment
- Policy 4212: Appeal and Grievance
- Policy 4306: Training Programs
- Policy 5200: Sexual Harassment (Students)
- Policy 6220: Campus Safety