Live Blog: Making New Campus Sexual Assault Regulations, Day 4
What You Need to Know
Analysis: Today’s meeting of the negotiated rulemaking committee on the VAWA amendments to the Clery Act was a bit rocky – the negotiators covered some of the more detailed parts of the draft rule (prevention programs, training, disciplinary proceedings) and opinions in the room varied.
The main takeaways:
- Some negotiators worried that the language on prevention programs was too detailed and couldn’t be applied to all types of schools. After ironing out confusion about how the requirement would apply to all students and employees (it would need to be offered but attendance wouldn’t be mandatory) the group still left up in the air exactly where they wanted to see the language go. The Department of Education, for its part, indicated that their goal is to allow flexibility in delivery of the programs but to ensure the definitions and requirements everyone works off are consistent.
- The disciplinary proceedings conversation seemed to create a divide between institution representatives and students and survivors, but also revealed that many around the table work at schools who are good actors on this topic, which isn’t always the case. The main points discussed: disclosing the sanctions being applied to students by schools following disciplinary proceedings, the role of an advisor in proceedings, and the interaction between sharing results of proceedings and privacy laws.
- The negotiators also discussed how the rule should indicate that Title IX will interact with various on-campus activities such as: training, investigations, disciplinary proceedings, and accommodations, to name a few. The Department has been clear that nothing in this new law and the regulation will change Title IX, and they suggested language to reinforce that point. Some members of the group were not completely on board with that draft language.
I’ll leave you with the positive note the Department tried to end the day on: days 3 and 4 tend to be the hardest in a negotiated rulemaking since so many details are being worked out, but there’s reason to be optimistic the group can reach consensus. The negotiators were encouraged to talk over the next month and think of compromise ways to move forward. Likewise, those following along can reach out to negotiators if there are suggestions for ways to solve some of the problems vocalized.
We’ll be back on March 31 and April 1 for the final days of negotiation!
Read the live blog below.
Live Blog: Making New Campus Sexual Assault Regulations, Day 3
What You Need to Know
Analysis: Day 3 the of the negotiated rulemaking around the Violence Against Women Act amendments to the Clery Act (also known as Campus SaVE) proceeded a bit differently from the first two days – negotiators had a draft rule to work from, and consensus-building was clearly on their minds. If you’re just joining us and wondering what negotiated rulemaking is, you can learn more here: http://www2.ed.gov/policy/highered/reg/hearulemaking/hea08/neg-reg-faq.html.
A few things came up:
- Getting the definition of stalking correct is tough. How it interacts with Clery Geography came up several times and finding a way to ensure stalking is captured accurately in statistics is still in flux. Generally no sides on this, though — everyone around the table wants to get it right.
- There was some hesitation about setting a definition of consent in this regulation, but that riff mostly stemmed from university counsel concerns. The Department of Education explained a desire to ensure statistics are consistent across schools.
- The statistic reporting tool (a chart) is complicated and there’s still confusion (and resistance) around expanding it. The new law asks that we learn about more crimes on campus, specifically domestic violence, dating violence, and stalking– but this is being called “double counting” by some negotiators.
- Finally, confusion lingers around reporting for Clery statistics purposes and confidentiality. The Department of Education made clear, however, that there’s a lot of room to improve the draft or provide additional info in a regulation preamble.
We will be back at 9 a.m. tomorrow for day four!
Read the live blog below.
Live Blog: Campus SaVE Rulemaking, Day 1
What You Need to Know
Analysis: Today we were in the audience for the first day of the negotiated rulemaking around the Violence Against Women Act (VAWA) amendments to the Clery Act. Ultimately, these provisions will help schools reduce campus sexual assault and violence. Negotiated rulemakings are an interesting process (learn more here: http://www2.ed.gov/policy/highered/reg/hearulemaking/hea08/neg-reg-faq.html) and the day started with a bit of housekeeping – three new alternate members were added to the panel (one additional nominee was not), the group agreed to consensus procedures, and an agenda was worked out.
The rest of the day was devoted to figuring out the new terms that need definitions, and discussing concerns around statistical reporting. You can check out a picture of the big whiteboard of terms (ever expanding) in the liveblog for a sense of what was on negotiators’ minds. When it comes to data collection, there was a bit of disagreement and we’ll be watching this closely. Some negotiators don’t support reporting incidents of domestic violence, dating violence, and stalking separately from the current Clery crime categories, which include crimes like aggravated assault and burglary. Students and administrators might then lose the ability to assess the scope of these problems on campus, making it harder to put an end to them. We will be back Tuesday at 9 a.m. for day two.
Read the Live Blog Below
Look at this awesome hackathon focusing on solving violence against women. In their own words, “The Violence Against Women Hackathon is an attempt to address the challenge of domestic violence by building innovative technology solutions to assist the victims of Violence Against Women and the agencies that work to support them.”
We can’t wait to see what type of solutions and tools this group comes up with.
A fan asks Patrick Stewart about his work against domestic violence, and his response is amazing.
3:00 He talks about learning about the possible cause of his father’s abusive behavior.
5:50 “As a child I heard in my home doctors and ambulance men saying “Mrs. Stewart, you must have done something to provoke him. Mrs. Stewart, it takes two to make an argument.”
Women are afraid of meeting a serial killer. Men are afraid of meeting someone fat.
When Strangers Click, a 2011 documentary about online dating.
It reminds me of that famous Margaret Atwood quote: “Men are afraid that women will laugh at them. Women are afraid that men will kill them.” It also reminds me of something written by one of the mods of Sex Worker Problems: “Misandry irritates. Misogyny kills.”
I mean, it’s just true.
“Misandry irritates. Misogyny kills.”
That’s it. That’s it right there.
“Some of these cases…involved the victims being raped after drinking quite a lot of alcohol … So I would appeal that young ladies should not drink too much.”
- the Hong Kong security secretary, in response to the city’s rising reports of rape.