Dating Violence, Domestic Violence, Sexual Assault, and Stalking Victims’ Rights and Options

Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act

Violence Against Women Reauthorization Act of 2013

34 CFR § 668.46(b)(11)(ii)-(vii)

Victims of dating violence, domestic violence, sexual assault, and stalking are entitled to a written explanation of their rights and options addressing:

  • The importance of preserving evidence that may assist in proving that the alleged criminal offense occurred or may be helpful in obtaining a protection order.
  • How and to whom the alleged offense should be reported.
  • Options about the involvement of law enforcement and campus authorities, including notification of the victim’s option to:
    • Notify proper law enforcement authorities, including on-campus and local police;
    • Be assisted by campus authorities in notifying law enforcement authorities if the victim so chooses; and
    • Decline to notify such authorities.
  • The institution’s responsibilities for orders of protection, “no-contact” orders, restraining orders, or similar lawful orders issued by a criminal, civil, or tribal court or by the institution.
  • Information about how the institution will protect the confidentiality of victims and other necessary parties, including how the institution will:
    • Complete publicly available recordkeeping, including Clery Act reporting and disclosures, without the inclusion of personally identifying information about the victim; and
    • Maintain as confidential any accommodations or protective measures provided to the victim, to the extent that maintaining such confidentiality would not impair the ability of the institution to provide the accommodations or protective measures.
  • A statement that the institution will provide written notification to students and employees about existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available for victims, both within the institution and in the community.
  • A statement that the institution will provide written notification to victims about options for, available assistance in, and how to request changes to academic, living, transportation, and working situations or protective measures.
    • The institution must make such accommodations or provide such protective measures if the victim requests them and if they are reasonably available, regardless of whether the victim chooses to report the crime to campus police or local law enforcement.
  • An explanation of the procedures for institutional disciplinary action in cases of alleged dating violence, domestic violence, sexual assault, or stalking.
  • A statement that, when a student or employee reports to the institution that the student or employee has been a victim of dating violence, domestic violence, sexual assault, or stalking, whether the offense occurred on or off campus, the institution will provide the student or employee a written explanation of the student’s or employee’s rights and options.
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