The U.S. Department of Education proposed a new rule yesterday implementing changes to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) under the Violence Against Women Reauthorization Act of 2013. Colleges and universities would be subject to several new requirements intended to increase campus safety and provide enhanced information about campus security policies and procedures. Along with existing requirements under Title IX, the proposed rule underscores the government’s continued focus on sexual misconduct on campus.

The proposed rule largely adopts the draft consensus recommendation made by a 15-member panel through the negotiated rulemaking process. Some of its provisions include requiring colleges and universities to:

  • Adopt the FBI’s more inclusive definition of rape
  • Allow both the complainant and respondent to be accompanied by an adviser of their choice during disciplinary proceedings
  • Compile statistics for incidents of dating violence, domestic violence, and stalking, in addition to the current requirements for sexual assaults and certain other crimes
  • Add gender identity and national origin as categories of bias under the definition of hate crimes
  • Implement programs to prevent dating violence, domestic violence, sexual assault, and stalking, including prevention and awareness programs and campaigns

The public comment period for the proposed rule is open until July 21, 2014, and the Department is expected to publish the final regulation by November 1, 2014.

Attorneys in Ballard Spahr’s Higher Education Group regularly advise educational institutions on compliance with Title IX and the Clery Act. Please contact Olabisi “Bisi” Okubadejo at 410.528.5532 or okubadejoo@ballardspahr.com, or Shane Jasmine Young at 702.868.7515 or youngs@ballardspahr.com with any questions.


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