Effective today, colleges and universities face new obligations regarding reports of crime statistics, student disciplinary procedures, and policies and procedures to address and prevent sexual violence on campus. The requirements are being imposed under the Campus Sexual Violence Elimination Act (Campus SaVE Act), an amendment to the Clery Act, which requires colleges and universities to report statistics for various criminal offenses and disclose certain security-related information.

Although regulatory guidance for the Campus SaVE Act is not expected until November 2014, colleges and universities are advised to start immediately collecting new data required by the Act, ensure that campus constituents are adequately trained regarding their reporting responsibilities under the Act, and review applicable policies and education and training programs to ensure compliance.

Under the new data collection requirements, higher education institutions must report additional offenses involving domestic violence, dating violence, and stalking in their annual security reports, for example. Colleges and universities also must collect new information about hate crimes to include those based upon gender identity and national origin bias, and they must withhold victims’ names when issuing timely reports.

The Campus SaVE Act requires colleges and universities to amend policies and procedures to cover the newly included offenses, take specified steps to provide a prompt, fair, and impartial resolution to the accused and victim, and include information about victim confidentiality. Colleges and universities also must notify victims of on- and off-campus reporting options and of available resources and interim remedies. In addition, the Campus SaVE Act contains requirements regarding education and training programs for investigators and hearing officials, as well as for students and employees.

Attorneys in Ballard Spahr’s Higher Education Group routinely advise educational institutions on compliance with the Campus SaVE Act, the Clery Act, and Title IX. For more information, contact Olabisi L. Okubadejo at 410.528.5532 or okubadejoo@ballardspahr.com, Dee Spagnuolo at 215.864.8312 or spagnuolod@ballardspahr.com

Copyright © 2014 by Ballard Spahr LLP.
(No claim to original U.S. government material.)

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, including electronic, mechanical, photocopying, recording, or otherwise, without prior written permission of the author and publisher.

This alert is a periodic publication of Ballard Spahr LLP and is intended to notify recipients of new developments in the law. It should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own attorney concerning your situation and specific legal questions you have.