Federal Agencies Will Create Online Portal for Survey to be Administered by Colleges & Universities
Washington, DC – Late last year Congress, as part of the Consolidated Appropriations Act, appropriated $1 million dollars “for surveys on the campus sexual assault climate” that had been established by the 2022 VAWA reauthorization in March. The U.S. Department of Justice, working with the U.S. Department of Education (ED) and other federal agencies, will collaborate on creating an online portal for the surveys. Each institution of higher education receiving Federal educational assistance will then be required to use the online tool to administer the survey every 2 years.
The timeline for implementing the survey hasn’t been released yet, but the law provides that ED will produce its first biennial report not later than 2 years after March 15, 2022. On November 30, 2022 “the Interagency Task Force on Sexual Violence in Education”, which includes ED’s Office for Civil Rights (OCR) and Clery Group, released the following update:
Both OCR and the Clery Group, together with other Department partners, are active participants in the design and rollout of the survey referenced above, pursuant to section 1507(a) of the VAWA 2022 Amendments, and will continue to work together to effectively implement this important initiative. The findings of the survey will inform interactions with IHEs and other stakeholders, enable further refinement of enforcement efforts, and improve guidance to schools.
Clery Act Fines Increased to $67,544
On Monday, January 30, 2023 the U.S. Department of Education increased fines for violations of Title IV of the Higher Education Act, which includes the Clery Act, to $67,544. The increase, required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, raised fines by $4,855 up from $62,689. It is effective with all “civil penalties assessed after January 30, 2023, whose associated violations occurred after November 2, 2015.”
