Since 1992, supplementing Title IX requirements, the Clery Act has required institutions to have and annually disclose a summary of a policy specifically addressing sexual assault. The policy must address three main areas - 1.) Victims' Rights, 2.) Disciplinary Procedures, and 3.) Educational Programming. These provisions were updated in 2013 expanding the law to cover a broader spectrum of sexual violence and provide for additional requirements, with changes taking effect in 2014 (see the summary of the Campus Sexual Violence Elimination Act for more details).
Institutions are required to provide information about where a student should report a sex offense along with information about the importance of preserving evidence for possible criminal prosecution, and are obligated to afford students the following rights -
Institutions must also implement internal disciplinary procedures for sexual assault cases. They must disclose possible sanctions that may be imposed following a final determination, and ensure that both the accuser and the accused are entitled to -
Institutions must offer, and disclose a summary of, education programs to promote the awareness of "rape, acquaintance rape, or other sex offenses, forcible or nonforcible."
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.