Title IX Related Mandates & Guidance
Title IX Related Mandates & Guidance
The Clery Act and Title IX law work in tandem.
Clery Act
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) is a federal statute that was adopted into law in 1990. The Clery Act requires campuses that participate in federal financial aid programs to publish an Annual Campus Security Report no later than October 1st each year with crime statistics for the prior three years, prevention programming descriptions, policy information, and information regarding steps campuses take to investigate and handle reports of crime. Under the Clery Act, campuses are also required to (i) maintain a public crime log, and (ii) give timely warnings of crimes that pose an ongoing threat to students’ and employees’ safety.
Clery Act reportable crimes include but are not limited to: murder/non-negligent manslaughter, aggravated assault, arson, robbery, burglary, motor vehicle theft, and hate crimes; and certain offenses that also intersect with Office of Title IX Programs and Gender Equity including sex offenses (sexual assault/rape, fondling, incest, and statutory rape), domestic violence, dating violence, stalking and retaliation. Title IX also covers other forms of sexual misconduct. When allegations are made of an offense covered under Title IX, the University must respond by providing resources to the impacted party and a fair and impartial process for determining if there was an offense, and, if so, whether the alleged perpetrator is responsible for it. Clery then requires that the criminal offense be included in CSU’s annual crime reporting statistics.
Campus SaVE Act/VAWA
The Campus Sexual Violence Elimination Act (Campus SaVE Act or SaVE) is a 2013 amendment to the Clery Act that was signed under the Violence Against Women Reauthorization Act (VAWA). This amendment to the Clery Act expanded the reporting requirements on campuses to include domestic violence, dating violence, and stalking. In addition, this amendment to the Clery Act enhanced the overall obligation for campuses to: (i) deliver primary prevention and awareness programs for all incoming and new employees, as well as continue ongoing prevention and awareness campaigns, (ii) provide victims with resources, information, and steps to file reports and seek protective or disciplinary action, and (iii) make available clear policy, procedural, and adjudication information on campuses to follow the requirements described within the 2013 amendment to the Clery Act.