The Violence Against Women Reauthorization Act of 2013 (Public Law No. 113-4) amended the Jeanne Clery Act to establish a comprehensive program to prevent, respond to, and report dating violence, domestic violence, sexual assault, and stalking at institutions of higher education across the United States. In addition to reporting statistics for the “VAWA Offenses”, institutions must offer prevention programming, have procedures victims should follow, and afford both complainants and respondents prompt, fair, and impartial disciplinary proceedings.
The VAWA requirements (VAWA) operate as a complement to Title IX of the Education Amendments of 1972 (Title IX) but have several key differences. In some regards VAWA applies more narrowly, covering only institutions of higher education that participate in federal student aid programs and only the specific criminal offenses, but in others more broadly, applying whether the offense occurred on or off campus even outside the United States. The U.S. Department of Education’s Office of Federal Student Aid (FSA) enforces the Clery Act and may impose fines for violations.
Consistent with the Clery Act’s foundation as a “consumer information” law, institutions must, in addition to statistics, include easily understood summaries of current VAWA related policies in their Annual Security Report (ASR) disclosures. Any campus community member should be able to review the ASR and get a clear picture of the prevention programming offered, what happens when victims report, and how disciplinary proceedings are conducted (including in both Title IX and Non-Title IX cases). Each program must meet minimum standards set by Clery statute and regulation including use of consistent federal crime definitions.
Prevention Programs
Institutions must offer primary prevention and awareness programs for all incoming students and new employees, as well as ongoing campaigns. The programming must include a “statement that the institution prohibits the crimes of dating violence, domestic violence, sexual assault, and stalking”. Please visit the “VAWA Education” page for a list of all requirements.
Victims’ Rights and Options
Institutions must establish and disclose processes for victims to report including to campus or local law enforcement, as well as an option to decline to report to law enforcement. This must include options to change academic, living, transportation, and working situations. Please visit the “Victims’ Rights and Options” page for more information.
Disciplinary Proceedings
Institutions must establish disciplinary proceedings that are prompt, fair, and impartial for both the complainant and respondent. This includes equal opportunities to have others present and access to information to be used in the case. Please visit the “VAWA Disciplinary Proceedings” page for a list of required elements.
History
Congress adopted the provisions of the Campus Sexual Violence Elimination Act (Campus SaVE Act) proposal into the 2013 VAWA amendments. The victims’ rights and options portion of the VAWA amendments updated and expanded the Campus Sexual Assault Victims’ Bill of Rights which had been a part of the Clery Act since 1992. Each of these names may be used to refer to what are now provisions in the Clery Act and aren’t separate laws.
The VAWA amendments took effect in 2014 and the Education Department expected institutions to make a “good faith” effort to comply in advance of the July 1, 2015 effective date of final regulations. As of 2023 the Education Department continues to expect institutions to use the definitions in those regulations which haven’t been affected by changes to the FBI’s Uniform Crime Reporting program or the VAWA statute.
Title IX
As separate laws nothing in the VAWA amendments changed an institution’s obligations under Title IX, and conversely nothing in changes to Title IX regulations affect an institution’s obligations under the Clery Act. There are no conflicts and institutions of higher education remain obligated to comply with both laws.
Conclusion
In conjunction with Title IX the Clery Act’s VAWA requirements provide for critical elements in addressing sexual misconduct at any college or university, as well as for public disclosure of policies and procedures.
This page does not provide legal advice and does not create an attorney-client relationship. If you need legal advice, please contact an attorney directly.
