Subject: Implementation of Changes to the Clery Act made by the Violence Against Women Reauthorization Act of 2013 (VAWA)

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1 Publicatin Date: July 14, 2014 DCL ID: GEN Subject: Implementatin f Changes t the Clery Act made by the Vilence Against Wmen Reauthrizatin Act f 2013 (VAWA) Summary: Guidance t Institutins Regarding their Respnsibility t Cmply with Sectin 485(f) f the Higher Educatin Act f 1965, as amended by VAWA, befre Final Regulatins are Effective Dear Clleague: On March 7, 2013, President Obama signed the Vilence Against Wmen Reauthrizatin Act f 2013 (VAWA) (Pub. Law 113-4), which, amng ther prvisins, amended sectin 485(f) f the Higher Educatin Act f 1965, as amended (HEA), therwise knwn as the Jeanne Clery Disclsure f Campus Security Plicy and Campus Crime Statistics Act (Clery Act). The Clery Act requires institutins f higher educatin t cmply with certain campus safety- and security-related requirements as a cnditin f participating in the Federal student financial aid prgrams authrized by Title IV f the HEA. Ntably, VAWA amended the Clery Act t require institutins t cmpile statistics fr incidents f dmestic vilence, dating vilence, sexual assault, and stalking and t include certain plicies, prcedures, and prgrams pertaining t these incidents in their annual security reprts (ASRs). The statute requires institutins t include this new infrmatin in the ASR beginning with the ASR that must be prvided t students, emplyees, and prspective students and emplyees by Octber 1,

2 VAWA did nt affect in any way Title I f the Educatin Amendments f 1972 (Title I), its implementing regulatins, r assciated guidance issued by the Department s Office fr Civil Rights (OCR). Nthing in the Clery Act, as amended by VAWA, alters r changes an institutin s bligatins r duties under Title I as interpreted by OCR. 1 Rulemaking Prcess The U.S. Department f Educatin (Department) initiated the prcess t develp regulatins t implement the VAWA changes in May f The negtiated rulemaking cmmittee held three negtiating sessins in January, February, and March f Ultimately, the cmmittee reached cnsensus n the set f draft regulatins. Mre infrmatin abut ur public hearings, utreach activities, and negtiating sessins is available n the Office f Pstsecndary Educatin s Web site at We published a Ntice f Prpsed Rulemaking (NPRM) fr public cmment n June 20, After cmpleting ur review f thse cmments, we expect t publish final regulatins by Nvember 1, Thse final regulatins wuld be effective July 1, Guidance We have received numerus inquiries frm institutins asking us t clarify their respnsibilities under the Clery Act, as amended by VAWA, particularly because the statutry changes affect the ASR that institutins must issue by Octber 1, We reiterate the guidance that we prvided in ur Electrnic Annuncement n May 29, 2013, that, until final regulatins are published and effective, institutins must make a gd-faith effrt t cmply with the statutry prvisins as written. Until the Department has published the final regulatins, institutins shuld use the statute as the basis fr revising r develping plicies, prcedures, and prgrams in advance f the ASR that must be issued by Octber 1, Fr example, the statute requires institutins t specify in their ASRs the prcedures that they will fllw nce an incident f dmestic vilence, dating vilence, sexual assault, r stalking has been reprted, including a statement f the standard f evidence that will be used during any institutinal cnduct prceeding arising frm such a reprt. Accrdingly, as part f a gd-faith effrt t cmply with the statute, institutins are expected t revise their plicy statements t include thse prcedures and t identify the standard f evidence that the institutin will use. Similarly, the statute requires institutins t include in their ASRs expanded infrmatin abut a victim s ptins fr, and available assistance in, changing academic, living, transprtatin, and wrking situatins if requested and reasnably available, regardless f whether the victim chses t reprt the crime t campus plice r lcal law enfrcement. T shw a gd-faith effrt, institutins are expected t expand their existing plicy statements t include infrmatin abut hw the institutin will facilitate 2

3 changes in a victim s transprtatin and wrking situatins, in additin t academic and living situatins, if requested by the victim. The HEA defines the new crime categries f dmestic vilence, dating vilence, and stalking in accrdance with sectin 40002(a) f the Vilence Against Wmen Act f 1994 as fllws: Dmestic vilence means a felny r misdemeanr crime f vilence cmmitted by - a current r frmer spuse r intimate partner f the victim, - a persn with whm the victim shares a child in cmmn, - a persn wh is chabitating with r has chabitated with the victim as a spuse r intimate partner, - a persn similarly situated t a spuse f the victim under the dmestic r family vilence laws f the jurisdictin receiving grant mnies [under VAWA], r - any ther persn against an adult r yuth victim wh is prtected frm that persn s acts under the dmestic r family vilence laws f the jurisdictin. Dating vilence means vilence cmmitted by a persn - wh is r has been in a scial relatinship f a rmantic r intimate nature with the victim; and - where the existence f such a relatinship shall be determined based n a cnsideratin f the fllwing factrs: the length f the relatinship; the type f relatinship; and the frequency f interactin between the persns invlved in the relatinship. Stalking means engaging in a curse f cnduct directed at a specific persn that wuld cause a reasnable persn t - fear fr his r her safety r the safety f thers; r - suffer substantial emtinal distress. Institutins must make a gd-faith effrt t include these statistics fr these crimes fr calendar year 2013 in the ASR that must be issued later this year. Institutins must als make a gd-faith effrt t ensure that the statistics fr the new crime categries are accurate and cmplete; hwever, we understand that institutins may nt have 3

4 cmplete statistics fr While institutins must include calendar year 2013 statistics fr dmestic vilence, dating vilence, and stalking in their ASRs t be issued t students, emplyees, and prspective students and emplyees later this year, they will nt reprt these new crimes t the Department in the Web-based data cllectin this year. Instead, institutins will reprt the statistics fr bth calendar years 2013 and 2014 t the Department during the data cllectin perid in Fall We have delayed the reprting f statistics fr incidents f dmestic vilence, dating vilence, and stalking fr ne year because, nce the final regulatins are in place, the Department must fllw certain prcedures required under the Paperwrk Reductin Act t revise the Web-based data cllectin instrument. 2 The Clery Act requires institutins t disclse and reprt three calendar years wrth f statistics. As we have dne in the past, we will phase in the new statistical requirements by cllecting data until three years are represented, as shwn in the chart belw. Octber 1, 2014 Octber 1, 2015 Octber 1, 2016 Octber 1, 2017 Data Cllectin Octber 2014 Data Cllectin Octber 2015 Data Cllectin Octber 2016 Data Cllectin Octber Statistics 2014 Statistics 2015 Statistics Statistics We understand that utside parties may be ffering training t institutins n hw t cmply with the new requirements under the Clery Act. Nne f this training has been reviewed r endrsed by the Department and the Department is nt bund by any statements made by these parties. Mrever, we als remind institutins that the prpsed regulatins included in the NPRM may be changed after we review the public cmments. Therefre, training which relies n the prpsed regulatins may nt fully capture what is required fr cmpliance nce the final regulatins are effective. 4

5 We thank yu fr yur patience as we cmplete ur rulemaking prcess, and we understand that this transitin may be difficult. We urge yu t cntact ur Help Desk fr guidance if yu have questins. The Help Desk will prvide guidance n the VAWA changes based n the statutry language. Yu may cntact ur Help Desk by telephne at r by at campussafetyhelp@westat.cm. Additinally, fr yur cnvenience, we are enclsing a cpy f the Clery Act shwing the amendments made by VAWA. Sincerely, Lynn B. Mahaffie Acting Assistant Secretary Office f Pstsecndary Educatin 1 Please see OCR s website fr mre infrmatin and resurces related t Title I. In particular, please review the Dear Clleague Letter published n April 4, 2011, and the Questins and Answers n Title I and Sexual Vilence released n April 29, The Office f Pstsecndary Educatin issues this guidance t prvide institutins with infrmatin regarding the ASR requirements under VAWA. This guidance represents the Department s current thinking n this tpic. It des nt create r cnfer any rights fr r n any persn. This guidance des nt impse any requirements beynd thse required under applicable law and regulatins. If yu are interested in cmmenting n this guidance, please us yur cmment at campussafetyhelp@westat.cm r write t us at the fllwing address: Jessica Finkel, 1990 K St NW, rm 8031,Washingtn, DC Attachments/Enclsures: GEN-14-13: Implementatin f Changes t the Clery Act made by the Vilence Against Wmen Reauthrizatin Act f 2013 (VAWA) in PDF Frmat, 203KB, 5 Pages The Clery Act with the VAWA Amendments in Wrd Frmat, 57KB, 8 Pages Plugins & Viewers FOIA Privacy Security Ntices WhiteHuse.gv USA.gv ED.gv 5