The Catholic University of America

Responsibilities of Dean of Students and Associate Vice President for Student Life

Federal Laws

The Campus Sexual Assault Victim Bill of Rights

The Dean of Students is responsible for ensuring that campus sexual assault prevention programs are in place. The programs in place should seek to prevent sexual violence and harassment through education, awareness and skill building. As stated in the Sexual Offenses Policy (student), programs are to include educational seminars, resource information and referral, and new student orientation.

Title IX of the Education Amendments of 1972

Prohibits gender discrimination in any educational program or activity that receives federal funds. Independent undergraduate programs may be single-sex programs, and an exemption is contained for religiously affiliated colleges if a conflict exists between Title IX and their religious tenets. An application for a waiver must be submitted. Sexual harassment of students is also prohibited by Title IX. The Dean of Students has general oversight of this law with respect to student programs and activities, The Dean of Students is responsible for reporting received complaints of sexual harassment, pursuant to the Sexual Offenses Policy (employees and third parties).

Campus Security Act of 1990

Summary of the Law:
This law requires all campus security authorities to report crimes on campus to the Department of Public Safety. CUA's definition of campus security authorities includes all employees of the university who have significant responsibility for student and campus activities, including the dean of students.

Responsibilities:
Report any crimes to the Department of Public Safety Dispatcher

Family Educational Rights to Privacy Act of 1974 (FERPA)

Summary of the Law:
Regulates the keeping and dissemination of student records at all institutions that receive federal funds or who have students receiving federal funds. Procedures must be in place to allow a student access to student records. Consent must be obtained to release student records to a third party, with certain exceptions contained in the law.

Responsibilities:

  • The responsibility of the Dean of Students responsible for implementing any necessary procedures to ensure the security and privacy of education records within the Dean of Student's area of operations. Examples include judicial records, survey data (including outsourced data) and emergency contact information for students.
  • The University has discretion to disclose to any parent or legal guardian of a minor student (under the age of 21) information about a violation of any federal, state or local law, or any rule or policy of the institution governing the use or possession of alcohol or a controlled substance, if the institution has determined that the student has committed a disciplinary violation with respect to such use or possession. The Dean of Students is responsible for overseeing that procedures are in place to clarify when such disclosures will be made.
  • Effective August 14, 2009, the institution must, upon written request, disclose, to any victim of any crime of violence or a sex offense, the report on the results of any disciplinary proceeding conducted by such institution against a student who is the alleged perpetrator. If the alleged victim of such crime or offense is deceased as a result of such crime or offense, the next of kin of such victim shall be treated as the alleged victim for purposes of this paragraph.

Missing Student Notification Policy

Summary of the Law:
Any institution participating in a Title IV federal student financial aid program that maintains on campus housing facilities must establish a missing student notification policy and related procedures for students who reside in campus housing and who are determined to have been missing for 24 hours.This policy will have to be in place by the annual security report distributed by October 1, 2010.

Responsibilities:

  • Inform each such student that such student has the option to identify an individual to be contacted by the institution not later than 24 hours after the time that the student is determined missing in accordance with official notification procedures established by the institution;
  • Provide each such student a means to register confidential contact information in the event that the student is determined to be missing for a period of more than 24 hours;
  • Advise each such student who is under 18 years of age, and not an emancipated individual, that the institution is required to notify a custodial parent or guardian not later 24 hours after the time that the student is determined to be missing in accordance with such procedures;
  • Inform each residing student that the institution will notify the appropriate law enforcement agency not later than 24 hours after the time that the student is determined missing in accordance with such procedures;
  • Require, if the campus security or law enforcement personnel has been notified and makes a determination that a student who is the subject of a missing person report has been missing for more than 24 hours and has not returned to the campus, the institution to initiate the emergency contact procedures in accordance with the student's designation;
  • Require any official missing person report relating to such student be referred immediately to the institution's police or campus security department.

Resources

Guidelines for reporting crimes on campus

Related Policies

Code of Student Conduct

Expectations for Off Campus Behavior and Living

Guests and Visitation in Residence Halls

Missing Student Notification Policy

Non-Discrimination, Anti-Harassment and Title IX Compliance Policy

Parental Notification Policy

Student Alcohol and Other Drug Abuse Policy

Sexual Offenses Policy (student)

Sexual Offenses Policy (employees and third parties)

Student Records Policy