The Minnesota State Colleges and Universities system is an Equal Opportunity employer and educator

New Minnesota Campus Sexual Assault Legislation

Scott GoingsAssistant General Counsel

Reneacutee HogoboomAssociate Director for Diversity and Equity

Outline of Todayrsquos Presentation Summary of the new Minnesota Campus Sexual Assault

Legislation

System Work Group Agenda

Resources

Questions

Background and Timeline April 4 2011 United States Department of Education Dear

Colleague Letter Sexual Violence

March 7 2013 Violence Against Women Reauthorization Act and the Campus Sexual Violence Elimination Act

Statute effective on March 7 2014

Rules effective July 1 2015

April 2014 White House Task Force to Protect Students from Sexual Assault Report and OCR FAQs

OCR Investigations and Litigation

May 2015 Minnesota Campus Sexual Assault Legislation

New Minnesota Campus Sexual Assault Legislation

Substantial revisions to Minn Stat sect 135A15 Sexual Harassment and Violence Policy 2015 Minn Laws Ch 69 Art 4 Sec 2

The effective date of the new legislation is August 1 2016

MOU deadline is January 1 2017

System Work Group formed to assist campuses in coming into compliance

Overview Memorandum and Legislative Summary httpwwwogcmnscuedustudentaffairsdocsMinnesotaSexualAssaultLegislationMemo72022015pdf

Outline of Todayrsquos Presentation Summary of the new Minnesota Campus Sexual Assault

Legislation

System Work Group Agenda

Resources

Questions

Background and Timeline April 4 2011 United States Department of Education Dear

Colleague Letter Sexual Violence

March 7 2013 Violence Against Women Reauthorization Act and the Campus Sexual Violence Elimination Act

Statute effective on March 7 2014

Rules effective July 1 2015

April 2014 White House Task Force to Protect Students from Sexual Assault Report and OCR FAQs

OCR Investigations and Litigation

May 2015 Minnesota Campus Sexual Assault Legislation

New Minnesota Campus Sexual Assault Legislation

Substantial revisions to Minn Stat sect 135A15 Sexual Harassment and Violence Policy 2015 Minn Laws Ch 69 Art 4 Sec 2

The effective date of the new legislation is August 1 2016

MOU deadline is January 1 2017

System Work Group formed to assist campuses in coming into compliance

Overview Memorandum and Legislative Summary httpwwwogcmnscuedustudentaffairsdocsMinnesotaSexualAssaultLegislationMemo72022015pdf

Background and Timeline April 4 2011 United States Department of Education Dear

Colleague Letter Sexual Violence

March 7 2013 Violence Against Women Reauthorization Act and the Campus Sexual Violence Elimination Act

Statute effective on March 7 2014

Rules effective July 1 2015

April 2014 White House Task Force to Protect Students from Sexual Assault Report and OCR FAQs

OCR Investigations and Litigation

May 2015 Minnesota Campus Sexual Assault Legislation

New Minnesota Campus Sexual Assault Legislation

Substantial revisions to Minn Stat sect 135A15 Sexual Harassment and Violence Policy 2015 Minn Laws Ch 69 Art 4 Sec 2

The effective date of the new legislation is August 1 2016

MOU deadline is January 1 2017

System Work Group formed to assist campuses in coming into compliance

Overview Memorandum and Legislative Summary httpwwwogcmnscuedustudentaffairsdocsMinnesotaSexualAssaultLegislationMemo72022015pdf

New Minnesota Campus Sexual Assault Legislation

Substantial revisions to Minn Stat sect 135A15 Sexual Harassment and Violence Policy 2015 Minn Laws Ch 69 Art 4 Sec 2

The effective date of the new legislation is August 1 2016

MOU deadline is January 1 2017

System Work Group formed to assist campuses in coming into compliance

Overview Memorandum and Legislative Summary httpwwwogcmnscuedustudentaffairsdocsMinnesotaSexualAssaultLegislationMemo72022015pdf

Summary Policy Statements

Amnesty for certain conduct code violations

Coordination with Local Law Enforcement

Mandatory Memorandum of Understanding (MOU)

Information sharing protocols

Protocols for investigation

Exempt if ldquosexual assault protocol teamrdquo

Online Reporting System

Summary continued Data Collection and Reporting to Minnesota Office of Higher

Education (OHE) and on institution website

investigated

referred for discipline including pending

victim chose to report to law enforcement

alleged perpetrator responsible and of significant sanctions

closed wo resolution including if accused withdrew

closed wo resolution because victim chose not to participate

reported through online system

Summary continued Training

Investigators Decision-Makers Security Officers

Students

Students

Pursuing degree or certificate

PSEO

Must complete training ldquono later than ten business days after the start of a studentrsquos first semester of classesrdquo

Students enrolled at more than one institution at the same time only required to complete the training once

System Work Group Agenda Many items already incorporated into Board Policy System

Procedure and current practices

BUT ndash some new requirements

Review of Board Policy 1B3 and System Procedure 1B31

Many of the new provisions already included within Board Policy and System Procedure

Expect some revisions through the normal consultation and review process this upcoming winter

Policy Statements

Amnesty

Clarity on reporting obligations

Template Memorandum of Understanding

Each institution must enter into a memorandum of understanding (MOU) with local law enforcement by January 1 2017

Work proceeding on a sample MOU and explanatory memorandum for campus use

On-Line Reporting System Legislation mandates creation of an on-line reporting system

that includes anonymous reporting

Work proceeding to identify needs surrounding this requirement

ITS will host service for all

Reporting to the Minnesota Office of Higher Education

Legislation requires annual reporting of certain sexual assault statistics to the Minnesota Office of Higher Education (OHE) by October 1 of each year

This is in addition to Clery requirements

Anticipate first report will be October 1 2016

Guidance to follow

OHE

Work group

Mandatory Training for Investigators Decision-Makers and Security Officers Legislation requires training for investigators decision-makers

and security officers

Training incorporated into investigator and decision-maker training

Mandatory Training for Students Legislation mandates that incoming students complete sexual

violence training

Curriculum already exists

Further guidance on implementation forthcoming

Anticipated implementation deadline is for fall 2016 semester

Possible Upcoming Issues Upcoming Legislative Session

Possibility of clarifications

Affirmative Consent

OHE

Clarification on reporting obligations

Policy Discussion

More LegislationRegulatory Guidance at Federal Level

Resources wwwogcmnscuedu

OGC Webinar ldquoResponding to Sexual Violence An Update on Complying with the Violence Against Women Reauthorization Act and Related Topics October 10 2013

OGC Webinar Complying with the OCRrsquos New Dear Colleague Letter on Sexual Violence May 12 2011

Summary continued Data Collection and Reporting to Minnesota Office of Higher

Education (OHE) and on institution website

investigated

referred for discipline including pending

victim chose to report to law enforcement

alleged perpetrator responsible and of significant sanctions

closed wo resolution including if accused withdrew

closed wo resolution because victim chose not to participate

reported through online system

Summary continued Training

Investigators Decision-Makers Security Officers

Students

Students

Pursuing degree or certificate

PSEO

Must complete training ldquono later than ten business days after the start of a studentrsquos first semester of classesrdquo

Students enrolled at more than one institution at the same time only required to complete the training once

System Work Group Agenda Many items already incorporated into Board Policy System

Procedure and current practices

BUT ndash some new requirements

Review of Board Policy 1B3 and System Procedure 1B31

Many of the new provisions already included within Board Policy and System Procedure

Expect some revisions through the normal consultation and review process this upcoming winter

Policy Statements

Amnesty

Clarity on reporting obligations

Template Memorandum of Understanding

Each institution must enter into a memorandum of understanding (MOU) with local law enforcement by January 1 2017

Work proceeding on a sample MOU and explanatory memorandum for campus use

On-Line Reporting System Legislation mandates creation of an on-line reporting system

that includes anonymous reporting

Work proceeding to identify needs surrounding this requirement

ITS will host service for all

Reporting to the Minnesota Office of Higher Education

Legislation requires annual reporting of certain sexual assault statistics to the Minnesota Office of Higher Education (OHE) by October 1 of each year

This is in addition to Clery requirements

Anticipate first report will be October 1 2016

Guidance to follow

OHE

Work group

Mandatory Training for Investigators Decision-Makers and Security Officers Legislation requires training for investigators decision-makers

and security officers

Training incorporated into investigator and decision-maker training

Mandatory Training for Students Legislation mandates that incoming students complete sexual

violence training

Curriculum already exists

Further guidance on implementation forthcoming

Anticipated implementation deadline is for fall 2016 semester

Possible Upcoming Issues Upcoming Legislative Session

Possibility of clarifications

Affirmative Consent

OHE

Clarification on reporting obligations

Policy Discussion

More LegislationRegulatory Guidance at Federal Level

Resources wwwogcmnscuedu

OGC Webinar ldquoResponding to Sexual Violence An Update on Complying with the Violence Against Women Reauthorization Act and Related Topics October 10 2013

OGC Webinar Complying with the OCRrsquos New Dear Colleague Letter on Sexual Violence May 12 2011

Summary continued Training

Investigators Decision-Makers Security Officers

Students

Students

Pursuing degree or certificate

PSEO

Must complete training ldquono later than ten business days after the start of a studentrsquos first semester of classesrdquo

Students enrolled at more than one institution at the same time only required to complete the training once

System Work Group Agenda Many items already incorporated into Board Policy System

Procedure and current practices

BUT ndash some new requirements

Review of Board Policy 1B3 and System Procedure 1B31

Many of the new provisions already included within Board Policy and System Procedure

Expect some revisions through the normal consultation and review process this upcoming winter

Policy Statements

Amnesty

Clarity on reporting obligations

Template Memorandum of Understanding

Each institution must enter into a memorandum of understanding (MOU) with local law enforcement by January 1 2017

Work proceeding on a sample MOU and explanatory memorandum for campus use

On-Line Reporting System Legislation mandates creation of an on-line reporting system

that includes anonymous reporting

Work proceeding to identify needs surrounding this requirement

ITS will host service for all

Reporting to the Minnesota Office of Higher Education

Legislation requires annual reporting of certain sexual assault statistics to the Minnesota Office of Higher Education (OHE) by October 1 of each year

This is in addition to Clery requirements

Anticipate first report will be October 1 2016

Guidance to follow

OHE

Work group

Mandatory Training for Investigators Decision-Makers and Security Officers Legislation requires training for investigators decision-makers

and security officers

Training incorporated into investigator and decision-maker training

Mandatory Training for Students Legislation mandates that incoming students complete sexual

violence training

Curriculum already exists

Further guidance on implementation forthcoming

Anticipated implementation deadline is for fall 2016 semester

Possible Upcoming Issues Upcoming Legislative Session

Possibility of clarifications

Affirmative Consent

OHE

Clarification on reporting obligations

Policy Discussion

More LegislationRegulatory Guidance at Federal Level

Resources wwwogcmnscuedu

OGC Webinar ldquoResponding to Sexual Violence An Update on Complying with the Violence Against Women Reauthorization Act and Related Topics October 10 2013

OGC Webinar Complying with the OCRrsquos New Dear Colleague Letter on Sexual Violence May 12 2011

System Work Group Agenda Many items already incorporated into Board Policy System

Procedure and current practices

BUT ndash some new requirements

Review of Board Policy 1B3 and System Procedure 1B31

Many of the new provisions already included within Board Policy and System Procedure

Expect some revisions through the normal consultation and review process this upcoming winter

Policy Statements

Amnesty

Clarity on reporting obligations

Template Memorandum of Understanding

Each institution must enter into a memorandum of understanding (MOU) with local law enforcement by January 1 2017

Work proceeding on a sample MOU and explanatory memorandum for campus use

On-Line Reporting System Legislation mandates creation of an on-line reporting system

that includes anonymous reporting

Work proceeding to identify needs surrounding this requirement

ITS will host service for all

Reporting to the Minnesota Office of Higher Education

Legislation requires annual reporting of certain sexual assault statistics to the Minnesota Office of Higher Education (OHE) by October 1 of each year

This is in addition to Clery requirements

Anticipate first report will be October 1 2016

Guidance to follow

OHE

Work group

Mandatory Training for Investigators Decision-Makers and Security Officers Legislation requires training for investigators decision-makers

and security officers

Training incorporated into investigator and decision-maker training

Mandatory Training for Students Legislation mandates that incoming students complete sexual

violence training

Curriculum already exists

Further guidance on implementation forthcoming

Anticipated implementation deadline is for fall 2016 semester

Possible Upcoming Issues Upcoming Legislative Session

Possibility of clarifications

Affirmative Consent

OHE

Clarification on reporting obligations

Policy Discussion

More LegislationRegulatory Guidance at Federal Level

Resources wwwogcmnscuedu

OGC Webinar ldquoResponding to Sexual Violence An Update on Complying with the Violence Against Women Reauthorization Act and Related Topics October 10 2013

OGC Webinar Complying with the OCRrsquos New Dear Colleague Letter on Sexual Violence May 12 2011

Review of Board Policy 1B3 and System Procedure 1B31

Many of the new provisions already included within Board Policy and System Procedure

Expect some revisions through the normal consultation and review process this upcoming winter

Policy Statements

Amnesty

Clarity on reporting obligations

Template Memorandum of Understanding

Each institution must enter into a memorandum of understanding (MOU) with local law enforcement by January 1 2017

Work proceeding on a sample MOU and explanatory memorandum for campus use

On-Line Reporting System Legislation mandates creation of an on-line reporting system

that includes anonymous reporting

Work proceeding to identify needs surrounding this requirement

ITS will host service for all

Reporting to the Minnesota Office of Higher Education

Legislation requires annual reporting of certain sexual assault statistics to the Minnesota Office of Higher Education (OHE) by October 1 of each year

This is in addition to Clery requirements

Anticipate first report will be October 1 2016

Guidance to follow

OHE

Work group

Mandatory Training for Investigators Decision-Makers and Security Officers Legislation requires training for investigators decision-makers

and security officers

Training incorporated into investigator and decision-maker training

Mandatory Training for Students Legislation mandates that incoming students complete sexual

violence training

Curriculum already exists

Further guidance on implementation forthcoming

Anticipated implementation deadline is for fall 2016 semester

Possible Upcoming Issues Upcoming Legislative Session

Possibility of clarifications

Affirmative Consent

OHE

Clarification on reporting obligations

Policy Discussion

More LegislationRegulatory Guidance at Federal Level

Resources wwwogcmnscuedu

OGC Webinar ldquoResponding to Sexual Violence An Update on Complying with the Violence Against Women Reauthorization Act and Related Topics October 10 2013

OGC Webinar Complying with the OCRrsquos New Dear Colleague Letter on Sexual Violence May 12 2011

Template Memorandum of Understanding

Each institution must enter into a memorandum of understanding (MOU) with local law enforcement by January 1 2017

Work proceeding on a sample MOU and explanatory memorandum for campus use

On-Line Reporting System Legislation mandates creation of an on-line reporting system

that includes anonymous reporting

Work proceeding to identify needs surrounding this requirement

ITS will host service for all

Reporting to the Minnesota Office of Higher Education

Legislation requires annual reporting of certain sexual assault statistics to the Minnesota Office of Higher Education (OHE) by October 1 of each year

This is in addition to Clery requirements

Anticipate first report will be October 1 2016

Guidance to follow

OHE

Work group

Mandatory Training for Investigators Decision-Makers and Security Officers Legislation requires training for investigators decision-makers

and security officers

Training incorporated into investigator and decision-maker training

Mandatory Training for Students Legislation mandates that incoming students complete sexual

violence training

Curriculum already exists

Further guidance on implementation forthcoming

Anticipated implementation deadline is for fall 2016 semester

Possible Upcoming Issues Upcoming Legislative Session

Possibility of clarifications

Affirmative Consent

OHE

Clarification on reporting obligations

Policy Discussion

More LegislationRegulatory Guidance at Federal Level

Resources wwwogcmnscuedu

OGC Webinar ldquoResponding to Sexual Violence An Update on Complying with the Violence Against Women Reauthorization Act and Related Topics October 10 2013

OGC Webinar Complying with the OCRrsquos New Dear Colleague Letter on Sexual Violence May 12 2011

On-Line Reporting System Legislation mandates creation of an on-line reporting system

that includes anonymous reporting

Work proceeding to identify needs surrounding this requirement

ITS will host service for all

Reporting to the Minnesota Office of Higher Education

Legislation requires annual reporting of certain sexual assault statistics to the Minnesota Office of Higher Education (OHE) by October 1 of each year

This is in addition to Clery requirements

Anticipate first report will be October 1 2016

Guidance to follow

OHE

Work group

Mandatory Training for Investigators Decision-Makers and Security Officers Legislation requires training for investigators decision-makers

and security officers

Training incorporated into investigator and decision-maker training

Mandatory Training for Students Legislation mandates that incoming students complete sexual

violence training

Curriculum already exists

Further guidance on implementation forthcoming

Anticipated implementation deadline is for fall 2016 semester

Possible Upcoming Issues Upcoming Legislative Session

Possibility of clarifications

Affirmative Consent

OHE

Clarification on reporting obligations

Policy Discussion

More LegislationRegulatory Guidance at Federal Level

Resources wwwogcmnscuedu

OGC Webinar ldquoResponding to Sexual Violence An Update on Complying with the Violence Against Women Reauthorization Act and Related Topics October 10 2013

OGC Webinar Complying with the OCRrsquos New Dear Colleague Letter on Sexual Violence May 12 2011

Reporting to the Minnesota Office of Higher Education

Legislation requires annual reporting of certain sexual assault statistics to the Minnesota Office of Higher Education (OHE) by October 1 of each year

This is in addition to Clery requirements

Anticipate first report will be October 1 2016

Guidance to follow

OHE

Work group

Mandatory Training for Investigators Decision-Makers and Security Officers Legislation requires training for investigators decision-makers

and security officers

Training incorporated into investigator and decision-maker training

Mandatory Training for Students Legislation mandates that incoming students complete sexual

violence training

Curriculum already exists

Further guidance on implementation forthcoming

Anticipated implementation deadline is for fall 2016 semester

Possible Upcoming Issues Upcoming Legislative Session

Possibility of clarifications

Affirmative Consent

OHE

Clarification on reporting obligations

Policy Discussion

More LegislationRegulatory Guidance at Federal Level

Resources wwwogcmnscuedu

OGC Webinar ldquoResponding to Sexual Violence An Update on Complying with the Violence Against Women Reauthorization Act and Related Topics October 10 2013

OGC Webinar Complying with the OCRrsquos New Dear Colleague Letter on Sexual Violence May 12 2011

Mandatory Training for Investigators Decision-Makers and Security Officers Legislation requires training for investigators decision-makers

and security officers

Training incorporated into investigator and decision-maker training

Mandatory Training for Students Legislation mandates that incoming students complete sexual

violence training

Curriculum already exists

Further guidance on implementation forthcoming

Anticipated implementation deadline is for fall 2016 semester

Possible Upcoming Issues Upcoming Legislative Session

Possibility of clarifications

Affirmative Consent

OHE

Clarification on reporting obligations

Policy Discussion

More LegislationRegulatory Guidance at Federal Level

Resources wwwogcmnscuedu

OGC Webinar ldquoResponding to Sexual Violence An Update on Complying with the Violence Against Women Reauthorization Act and Related Topics October 10 2013

OGC Webinar Complying with the OCRrsquos New Dear Colleague Letter on Sexual Violence May 12 2011

Mandatory Training for Students Legislation mandates that incoming students complete sexual

violence training

Curriculum already exists

Further guidance on implementation forthcoming

Anticipated implementation deadline is for fall 2016 semester

Possible Upcoming Issues Upcoming Legislative Session

Possibility of clarifications

Affirmative Consent

OHE

Clarification on reporting obligations

Policy Discussion

More LegislationRegulatory Guidance at Federal Level

Resources wwwogcmnscuedu

OGC Webinar ldquoResponding to Sexual Violence An Update on Complying with the Violence Against Women Reauthorization Act and Related Topics October 10 2013

OGC Webinar Complying with the OCRrsquos New Dear Colleague Letter on Sexual Violence May 12 2011

Possible Upcoming Issues Upcoming Legislative Session

Possibility of clarifications

Affirmative Consent

OHE

Clarification on reporting obligations

Policy Discussion

More LegislationRegulatory Guidance at Federal Level

Resources wwwogcmnscuedu

OGC Webinar ldquoResponding to Sexual Violence An Update on Complying with the Violence Against Women Reauthorization Act and Related Topics October 10 2013

OGC Webinar Complying with the OCRrsquos New Dear Colleague Letter on Sexual Violence May 12 2011

Resources wwwogcmnscuedu

OGC Webinar ldquoResponding to Sexual Violence An Update on Complying with the Violence Against Women Reauthorization Act and Related Topics October 10 2013

OGC Webinar Complying with the OCRrsquos New Dear Colleague Letter on Sexual Violence May 12 2011

Resources OGC Webinar ldquoResponding to Sexual Violencerdquo January 12

2012

December 6 2011 Message from Chancellor Steven Rosenstone Regarding Reporting Sexual Violence and Abuse and Neglect of Children and Vulnerable Adults httpwwwogcmnscueduDocumentsChild20Abuse20Reporting20Message20depdf

December 6 2011 Questions and Answers About Reporting Sexual Violence and Abuse and Neglect of Children and Vulnerable Adults httpwwwogcmnscueduDocumentsFAQ20Reporting20SexualViolence20Depdf

Resources US Department of Education Office of Postsecondary

Education The Handbook for Campus Safety and Security Reporting Washington DC 2011

MnSCU Internal Audit Clery Compliance Program Review

Release later this summer

Board presentation in October

Minnesota Department of Health

Campus Sexual Violence Prevention Portal Minnesota Department of Health httpwwwhealthstatemnussvpcampuskit

Contact InformationMinnesota State Colleges amp Universities

System Office

Scott GoingsAssistant General Counsel

ScottGoingssomnscuedu651-201-1753

Reneacutee HogoboomAssociate Director for Diversity and Equity

ReneeHogoboomsomnscuedu651-201-1592

Please take a few minutes to complete our poll

Office of General Counselwwwogcmnscuedu