May 7, 2013
By: Kevin E. Raphael
Summary Of Amendments To Clery Act, As Set Forth In The
“Violence Against Women Reauthorization Act Of 2013”
- Effective Date – All amendments to 20 U.S.C. §1092(f)(1) are effective one year from the enactment date (March 7, 2013). Therefore, amendments are effective for Annual Security Reports distributed on or by October 1, 2014. However, many of the mandated policy statements in the Annual Security Reports require that Title IX investigation and discipline procedures also be adopted, and that should be done timely.
- Amendments codify some aspects of the Dear Colleague letter; require modifying policy statements in Annual Security Reports to include:
- Possible sanctions and protective measures following a final determination regarding rape, acquaintance rape, domestic violence, dating violence, sexual assault or stalking.
- Procedures that victims should follow if a sex offense, domestic violence, dating violence, sexual assault or stalking occurred, including:
- The importance of preserving evidence;
- To whom the offense should be reported;
- Options about reporting to law enforcement or campus police, including assisting the victim in notifying law enforcement and giving the victim the option to decline to notify such authorities;
- Rights of victims to obtain, and institutional responsibilities concerning, orders of protection, no contact orders, restraining orders, and other legal orders from civil or criminal courts.
- Procedures for institutional disciplinary action in cases of domestic violence, dating violence, sexual assault or stalking, which include clear statements about:
- Proceedings providing prompt, fair and impartial investigations and resolutions, conducted by officials with training on issues related to domestic violence, dating violence, sexual assault, and stalking;
- The accused and accuser’s equal opportunity to have a support person/adviser present at any institutional proceeding or related meeting;
- Notice of the disciplinary results, appeal procedures, and changes to the results prior to the results being finalized.
- Information about confidentiality for victims, and how it will be protected and maintained.
- Written notification to victims about options for, and assistance in, changing academic, living, transportation, and working situations, if requested by victim and reasonably available, even if victim chooses not to report alleged offense.
- Written notification to victims about existing counseling, and health, mental health, victim advocacy or legal assistance, and other services available to victims, on and off campus.
- Written notification to the victim of his/her rights upon reporting an alleged offense, whether offense took place on or off campus.
- An Annual Security Report must also include a statement of the standard of evidence that will be used during any disciplinary proceeding.
- Annual Security Report Crime Reporting Changes:
- Hate crimes revised to include national origin and gender identity.
- New definitions for Dating Violence, Domestic Violence, Stalking, and Sexual Assault.
- Clery reporting for newly added crimes of Domestic Violence, Dating Violence and Stalking incidents that are reported to CSA or local law enforcement.
- Increased educational/awareness and prevention program obligations directed to both incoming students and new employees. Also requires continued education for all students and faculty.
- No retaliation against anyone who exercises rights under Clery Act and Title IX.
- Timely Warnings by educational institutions must withhold names of victims as confidential.