Recent updates to the Violence Against Women Act (VAWA) have caused some confusion regarding how schools should define domestic violence for Title IX compliance. Here’s a breakdown to ensure clarity:
The Issue:
- The VAWA 2022 definition of domestic violence includes non-violent offenses.
- The 2024 Title IX Rule, however, uses a narrower definition.
The Reassurance:
- The Department of Education’s Office for Civil Rights (OCR) has clarified that schools can continue using the existing definitions from the Clery Act (2015) to comply with Title IX.
- These Clery Act definitions remain clear and enforceable.
Why the Separate Definitions?
- The broader VAWA definition applies specifically to programs receiving VAWA grants, which offer victim services not available under Title IX.
- Title IX focuses on creating a safe learning environment, free from discrimination on the basis of sex.
What Schools Should Do:
- Refer to the Clery Act (2015) definitions for domestic violence, dating violence, sexual assault, and stalking when implementing Title IX policies and procedures.
- Remember, schools cannot modify these definitions.
Resources:
