The 2020 Title IX Rule (85 FR 30026), hereinafter “2020 Rule”, enacted burdens that are contrary to the Title IX statute’s requirement, at 20 USC § 1681(a), that “No person in the United States shall, on the basis of sex, Read More …
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Title IX Officials Must Report Crimes, Clery Fines Increased, Title IX Rule Challenge Put On Hold
U.S. Department of Education Clarifies That Title IX Officials Must Report For Clery The U.S. Department of Education quietly updated guidance on January 19, 2021 to clarify that “any official…who has the authority to institute corrective measures” under the 2020 Read More …
The Clery Act Handbook Is No More (Almost), What’s Next for Colleges & Universities
The U.S. Department of Education (ED), on Friday, October 9, 2020, rescinded The Handbook for Campus Safety and Security Reporting, 2016 Edition. This step was taken as part of Education Secretary Betsy “DeVos’s commitment to reducing the regulatory burden on Read More …
In Implementing New Title IX Policies Clery Act Considerations Are a Must
As colleges and universities prepare to implement new Title IX policies by the August 14, 2020 effective date of new regulations it is important to not forget related Jeanne Clery Act requirements. Institutions of higher education must comply with both Read More …
U.S. Department of Education Stepping-Up Enforcement of Clery Act’s VAWA Requirements
The U.S. Department of Education (ED) in a series of recent enforcement actions has signaled that they will be stepping up monitoring of the Jeanne Clery Act’s campus sexual violence prevention and response requirements. The provisions, added by the Violence Read More …
Education Dept. Issues Clery COVID-19 Guidance
The U.S. Department of Education (ED) issued new guidance, late on Friday, April 3, 2020, addressing how institutions of higher education may satisfy the emergency notification requirements of the Clery Act related to Coronavirus (COVID-19). While institutions have generally gone Read More …
Letter to Secretary DeVos Regarding Clery Emergency Notification & COVID-19
March 24, 2020 The Honorable Betsy DeVos Secretary of Education U.S. Department of Education 400 Maryland Avenue, SW Washington, DC 20202 Dear Secretary DeVos: First, let me thank you and other federal officials for the steps that you’ve taken to Read More …
When Dealing With COVID-19 the Clery Act Still Fosters Safe Learning Environments
As the 2020 COVID-19 pandemic has profoundly changed all our lives and moved higher education to a distance education model the Jeanne Clery Act still offers important tools to provide for a safe learning environment. Two of these tools are Read More …
Clery Act Prohibits Unilateral Changes To Sexual Violence Disciplinary Results
One of the fundamental tenets of the 2013 Violence Against Women Act (VAWA) amendments to the Jeanne Clery Act is that participants in “dating violence, domestic violence, sexual assault, or stalking” disciplinary proceedings should never be surprised that an action Read More …
The Clery Act’s “Rationale” Disclosure Requirement in Campus Sexual Assault Cases Isn’t Just The Law, It’s A Key Tool In Building Confidence In Proceedings
One of the most persistent concerns we see raised by both complainants and respondents in campus sexual assault cases is a perceived lack of transparency in the proceedings. These frustrations can lead to protests and even legal challenges. The 2013 Read More …