The Violence Against Women Act (VAWA) amendments to the Clery Act significantly strengthened requirements for higher education institutions regarding dating violence, domestic violence, sexual assault, and stalking. These amendments originated as the Campus Sexual Violence Elimination Act (commonly known as the Campus SaVE Act), which was incorporated into the 2013 reauthorization of the Violence Against Women Act.
At the core of these requirements is a comprehensive “statement of policy” that must be included in every institution’s Annual Security Report. This statement addresses three distinct areas — prevention programs, response procedures, and disciplinary proceedings — while institutions must also explicitly prohibit these offenses and report separate statistics. These VAWA Clery Act requirements apply to incidents both on and off campus and emphasize fair, equitable treatment of both complainants and respondents throughout all processes.
Compliance with these mandates promotes campus safety, supports survivors, ensures due process, and provides essential transparency to students, employees, and the public.
What is the Statement of Policy?
The “statement of policy” is a mandatory and highly visible section within the Annual Security Report (ASR) required by 20 U.S.C. § 1092(f)(8). It serves as the primary public disclosure tool through which institutions must describe, in clear and accurate detail, their current programs and procedures for preventing and responding to dating violence, domestic violence, sexual assault, and stalking.
This statement must be distributed annually to all current students and employees and made available to prospective students and employees upon request. Because the ASR is a legally binding compliance document, the statement of policy must precisely reflect the institution’s actual, implemented practices rather than aspirational or outdated language. The U.S. Department of Education reviews these statements during Clery audits and program reviews, making accuracy and completeness essential for avoiding findings of noncompliance.
Prevention Programs
Institutions must provide a detailed description of their prevention and awareness efforts in the statement of policy. This includes primary prevention and awareness programs that are delivered to all incoming students and new employees, as well as ongoing awareness campaigns directed at the entire campus community.
These programs are required to be culturally relevant, evidence-based or informed by research, and must address the specific prohibitions on the offenses, the definitions of dating violence, domestic violence, sexual assault, and stalking (including local jurisdiction definitions), and the role of consent in sexual activity.
Programs must also incorporate safe and positive bystander intervention strategies and practical information on risk reduction, all presented in ways that avoid victim-blaming language or approaches. The goal is to create a campus culture that actively works to prevent these incidents before they occur.
Response Procedures
The response section of the statement of policy must outline exactly what the institution will do once an incident is reported. Upon receiving a report of dating violence, domestic violence, sexual assault, or stalking from a student or employee, the institution must provide the victim with a written explanation of their rights and available options. This includes informing victims of their option to notify proper law enforcement authorities (including on-campus and local police), the institution’s commitment to assist the victim in notifying law enforcement, or to decline to notify such authorities if the victim so chooses.
Additional elements include assistance in preserving evidence, information about how to obtain protective orders, and connections to on- and off-campus support services such as counseling, health care, advocacy, and legal assistance. Institutions must also describe the range of reasonably available protective measures and accommodations — for example, changes to academic schedules, housing assignments, transportation options, or work arrangements — that will be offered upon request, regardless of whether a formal complaint is filed.
Disciplinary Proceedings
Colleges and universities must fully describe their disciplinary processes for allegations involving dating violence, domestic violence, sexual assault, or stalking. These proceedings are required to be prompt, fair, and impartial, and must be conducted by officials who receive annual specialized training on these specific offenses.
A central emphasis is the equitable and fair treatment of both complainants and respondents throughout the entire process. Both parties must be given the same rights, including the opportunity to have an advisor or support person of their choice present, to present relevant evidence and witnesses, to review and respond to the other party’s information, and to receive simultaneous written notification of the outcome, any sanctions, the appeal process, any changes to the result, and the final determination.
The statement of policy must also specify the standard of evidence that will be used and list the possible sanctions or remedies that may be imposed.
On or Off Campus Applicability
One of the most important features of the VAWA requirements is their broad applicability. The response procedures, victim support services, protective measures, and disciplinary proceedings described in the statement of policy must be available whether the alleged offense occurred on campus, on noncampus property, on public property adjacent to campus, or even entirely off campus — including incidents that occur outside the United States. As long as the incident is reported to the institution and involves a student or employee, the institution’s obligations under VAWA are triggered.
This geographic breadth distinguishes the response framework from Clery Act crime statistics reporting, which is limited to specific “Clery geography,” and ensures that students and employees receive consistent support regardless of where the incident took place.
Prohibition Requirement
VAWA explicitly requires institutions to include, as part of their primary prevention and awareness programs, a clear statement that the institution prohibits the offenses of dating violence, domestic violence, sexual assault, and stalking as those terms are defined under the Clery Act. This prohibition must be communicated prominently and must be reflected in the institution’s actual policies and enforcement practices. The requirement reinforces that these behaviors are not tolerated on campus and sets the foundation for all prevention, response, and disciplinary efforts.
Separate Statistics Disclosure
Beyond the policy statements, institutions must collect and publicly disclose crime statistics for dating violence, domestic violence, and stalking in a completely separate set of data within the Annual Security Report. These figures are presented in distinct categories — not combined with other Clery crimes — and cover the three most recent calendar years. Statistics must be broken down by Clery geography (on-campus, on-campus student housing facilities, noncampus property, and public property). The separate disclosure requirement enhances transparency by allowing the campus community to see the specific prevalence of these offenses.
Conclusion
Taken together, the VAWA amendments to the Clery Act create a comprehensive, integrated framework that promotes campus safety through proactive prevention programs, delivers compassionate and effective response procedures, guarantees fair and equitable disciplinary proceedings for all parties involved, and ensures ongoing transparency via separate crime statistics. These requirements apply regardless of where an incident occurs and place a clear obligation on institutions to prohibit these serious offenses. Full and accurate compliance remains a core responsibility for every Title IV-participating college and university, benefiting students, employees, and the entire higher education community by fostering safer campuses and stronger accountability.
Expert VAWA Strategy and Support from SAFE Campuses, LLC
Navigating the complex, ever-evolving landscape of VAWA and Clery Act compliance shouldn’t be a burden your institution shoulders alone. At SAFE Campuses, LLC, we provide expert campus safety consulting and customized federal compliance solutions designed specifically for higher education institutions. Whether your team needs hands-on assistance drafting an improved Annual Security Report (ASR), developing trauma-informed prevention programs, or conducting required annual training for your disciplinary officials, our dedicated experts are here to help you mitigate risk and protect your community.