The Campus Sexual Violence Elimination Act, or Campus SaVE Act (SaVE), is a 2013 amendment to the federal Jeanne Clery Act. SaVE was designed by advocates along with victims/survivors and championed by a bi-partisan coalition in Congress as a companion to Title IX that will help bolster the response to and prevention of sexual violence in higher education. President Obama signed the measure into law as part of the Violence Against Women Reauthorization Act of 2013 on March 7, 2013.
SaVE requires colleges and universities, both public and private, participating in federal student aid programs (covering virtually every campus in the United States) to increase transparency about the scope of sexual violence on campus, guarantee victims enhanced rights, provide for standards in institutional conduct proceedings, and provide campus community wide prevention educational programming.
Institutions must implement SaVE no later than October 1, 2014 – in effect by the 2014-2015 academic year. Institutions have been given this time in order to make any necessary changes to their formal policies and procedures so this process should be ongoing during the 2013-2014 academic year. Campus community members should be afforded the opportunity during this time to be involved in crafting these new procedures to ensure they fit the unique needs of their community.
Colleges and universities beginning with the 2013 calendar year will have to begin collecting and reporting statistics for domestic violence, dating violence and stalking (as defined by the Violence Against Women Act) occurring on-campus, on public property within and adjacent to campus, and at non-campus properties like off-campus student organization housing and remote classrooms. Institutions are already required to report sexual assault statistics.
Institutions must collect statistics from a broad range of campus officials including Resident Advisors, Deans and athletic coaches, campus police or security, and local law enforcement. The law requires disclosures to protect the confidentiality of victims in these statistical disclosures as well as any public record keeping, to the extent provided by law.
Institutions must adopt and publish procedures no later than October 1, 2014 to afford all students and employees who report an incident of sexual violence – covering sexual assault, domestic violence, dating violence and stalking – specific rights whether or not they pursue any formal complaint or not. Additionally, written notice of these rights must be provided to a student or employee when they report their victimization.
Institutions must afford any student or employee who reports that they have been the victim of an incident of sexual violence, either on or off-campus, with the following information and rights:
In addition to reporting to law enforcement, victims also have the option to seek protective or disciplinary action directly with their institution. Institutions must adopt and disclose policies that –
Institutions must provide primary prevention and awareness programs for all incoming students and new employees, along with ongoing prevention and awareness campaigns, that –
Copyright 2016. S. Daniel Carter. All Rights Reserved.
While this material discusses general legal principles and specific laws, it is not intended to be given as legal advice and should not be considered such. Consult competent legal counsel in your jurisdiction before taking any action.