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Trauma-Informed Sexual Assault Investigation and Adjudication Institute TRAUMA-INFORMED SEXUAL ASSAULT INVESTIGATION AND ADJUDICATION INSTITUTE BOSTON, MA OCTOBER 17-20, 2017 The National Center for Campus Public Safety TABLE OF CONTENTS PART I: INSTITUTE MATERIALS Agenda and Curriculum Overview ......................................................................................................................................... 1 Institute PowerPoint Slides ...................................................................................................................................................... 3 I. Welcome ........................................................................................................................................................................... 3 II. Overview of Title IX, Clery Act, and Institutional Obligations .................................................................................... 11 III. Community Coordination ............................................................................................................................................... 24 IV. The Culture in Which We Live: Understanding the Rape Narrative ........................................................................... 37 V. Impact of Language ........................................................................................................................................................ 51 VI. Understanding the Effects of Trauma ........................................................................................................................... 58 VII. Sexual Assault First Response: First Impressions Matter ............................................................................................ 76 VIII. Investigative Strategies: Interviewing the Complainant .............................................................................................. 86 IX. Considerations Regarding Criminal Sexual Offenders ............................................................................................... 98 X. Investigative Strategies: Interviewing the Respondent ............................................................................................... 105 XI. Sexual Assault: Investigative Strategies ........................................................................................................................ 113 XII. Report Writing .................................................................................................................................................................. 124 XIII. Adjudication: Protecting Complainants, Promoting Accountability, Respecting Rights ........................................ 146 XIV. Adjudication: Appeals and Logistics ............................................................................................................................. 155 XV. Training to Comply with OCR Guidance and the Clery Act ........................................................................................ 164 XVI. Institutional Support and Self Care ............................................................................................................................... 173 XVII. Program Close.................................................................................................................................................................. 185 PART II: REFERENCES Resources .................................................................................................................................................................................. 190 OCR 2001 Revised Sexual Harassment Guidance (External Link) April 4, 2011 OCR Dear Colleague Letter (External Link) April 24, 2013 OCR Dear Colleague Letter on Retaliation (External Link) April 2014 OCR Q&A (External Link) April 2014 White House Task Force Report: Not Alone (External Link) 2016 Handbook for Campus Safety and Security Reporting (External Link) Key Definitions ............................................................................................................................................................................... 190 Clery Act, as Amended................................................................................................................................................................. 192 © 2017 The National Center for Campus Public Safety. All rights reserved. B This work is the property of The National Center for Campus Public Safety and is protected by copyright law. No part of this work may be used, reproduced, adapted, modified, orTRAUMA-INFORMED translated in any form SEXUAL or by ASSAULTany means INVESTIGATION without the written AND permission ADJUDICATION of The INSTITUTE National Center for Campus Public© 2017 Safety. The National Center for Campus Public Safety. All rights reserved. The National Center for Campus Public Safety TABLE OF CONTENTS (CONT.) Common Rape Myths from the Illinois Rape Myth Acceptance Scale (IRMAS) ..................................................................... 232 Understanding the Rape Narrative Reference List .................................................................................................................... 233 Intersecting Axes of Privilege, Domination and Oppression ................................................................................................... 234 Strand FETI Interview .................................................................................................................................................................... 235 Russ Strand FETI Article ............................................................................................................................................................... 244 Undetected Rapist – Dr. Lisak ...................................................................................................................................................... 249 False Reports – Moving Beyond the Issue ................................................................................................................................. 256 Sexual Assault Investigative Guidelines, IACP 2008 ................................................................................................................. 268 Sexual Assault Supplemental Report Form, IACP 2008 ........................................................................................................... 276 Informed Survivor Letter .............................................................................................................................................................. 284 Investigative Checklist .................................................................................................................................................................. 286 Information Sheets for Complainants ......................................................................................................................................... 288 Information Sheets for Respondents .......................................................................................................................................... 290 Preponderance of the Evidence (POE) sample letter ............................................................................................................... 292 Sample Report Format ................................................................................................................................................................. 293 Sample Report ............................................................................................................................................................................... 294 Witness Key .................................................................................................................................................................................... 304 Training Requirements Matrix ...................................................................................................................................................... 305 Fellheimer v. Middlebury College, 869 F. Supp. 238 (D. Vt. 1994) ........................................................................................... 306 Vaughan v. Vermont Law School, Inc., Not Reported in F. Supp. 2d (D. Vt 08/04/2011) WL 3421521 .................................. 320 Routh v. University of Rochester, 981 F. Supp. 2d 184 (W.D. N.Y. 2013) ................................................................................... 340 Benning v. Corporation of Marlboro College, Not Reported in F. Supp. 2d (D. Vt. 08/05/2014) WL 3844217 ................... 392 Doe v. Temple University, Not Cited (E.D. Pa 09/03/2014) WL 4375613 .................................................................................. 408 Trauma and Recovery: The aftermath of violence – from domestic abuse to political terror, Judy Herman, MD (Recommended Book) The Body Keeps Score: Brain, Mind, and Body in the Healing of Trauma, Bessel VanderKolk (Recommended Book) In an Unspoken Voice: How the Body Releases Trauma and Restores Goodness, Peter Levine (Recommended Book) Mindfulness for Beginners: Reclaiming the Present Moment – and Your Life, Jon Kabat-Zinn (Recommended Book) Gratitude Works! A 21-day Program for Creating Emotional Prosperity, Robert Emmons (Recommended Book) The Relaxation and Stress Reduction Workbook, Martha Davis (Recommended Book) PART III: ADDITIONAL INFORMATION Background and Information .................................................................................................................................................
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