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:
- Victims’ Rights
- Disciplinary Procedures
- 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.
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 –
- To be informed of their right to notify law enforcement, and to be assisted by campus authorities in doing so;
- To be informed of existing counseling, mental health or student services for victims on and off campus (contact information must be included); and
- To be informed of options for changing academic and living situations if requested by the victim and reasonably available.
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 –
- The same opportunity to have others, such as a support person or witnesses, present during a disciplinary proceeding; and
- To be informed of the outcome of any disciplinary proceeding (such disclosure is unconditional meaning the victim is free to share the outcome with anyone they wish).
Institutions must offer, and disclose a summary of, education programs to promote the awareness of “rape, acquaintance rape, or other sex offenses, forcible or non-forcible.”