Southwestern

Engaging Minds, Transforming Lives

Human Resources

Regulatory Overview

While some wonder if universities should be handling sexual assault issues, the law is clear that schools must have policies, enforce policies, be transparent in communication, and be in compliance with regulations that include being proactive in addressing topics related to sexual misconduct. There are a number of regulations and laws that guide and inform universities in handling sexually-based offenses. Here is a brief review:

Anti-discrimination

The Higher Education Act of 1965 authorized federal funds for students in higher education and is routinely re-authorized or amended. (http://www2.ed.gov/policy/highered/leg/hea08/index.html)

In 1972, Title IX was enacted and states “No person, in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial aid assistance.” (http://www2.ed.gov/about/offices/list/ocr/docs/tix_dis.html)

In 1997 and 2001, further clarifications were published by the U.S. Department of Education Office of Civil Rights. (http://www2.ed.gov/about/offices/list/ocr/docs/shguide.html)

In 2011, the Office of Civil Rights published a “Dear Colleague Letter,” further outlining requirements for institutions in higher education. (http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.html)

In May of 2016, the Office of Civil Rights published a “Dear Colleague Letter,” stating that the prohibition of sex discrimination encompasses discrimination based on gender identity and transgender status. (http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201605-title-ix-transgender.pdf)

Reporting and Education

The Clery Act of 1990 (http://cleryact.info/clery-act.html) required campuses to disclose campus crimes in an effort to inform prospective students and parents of potential campus safety issues.

In 1992 the law was amended to include a bill of rights for sexual assault victims. (http://cleryact.info/campus-sexual-assault-victims—bill-of-rights.html)

In 1994 the Violence Against Women Act (VAWA) was passed and further clarified institutional responsibilities related to acquaintance rape, dating violence, domestic violence, and stalking. (http://www.acenet.edu/news-room/Documents/VAWA-Section304.pdf)

In 2013 the Campus Sexual Violence Elimination (SaVE) Act increased university responsibilities related to awareness and prevention. (http://cleryact.info/campus-save-act.html)

Educational Flyers                                                                           File (pdf)               
Frequently Asked Questions Download
Bystander Intervention Download
Faculty Information Update on Violence Against Women (VAW) Download
Resources for Faculty Download
Disrupting Disruptive Behavior Download
Warning Signs of an Abusive Person Download

Violence Against Women Act, Clery Act, & Title IX
How the campus SAVE provision affects all three bodies of law.

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