New Campus SaVE Act Requirements Effective Today

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Effective today, colleges and universities face new obligations regarding reports of crime statistics, student disciplinary procedures, and policies and procedures to address and prevent sexual violence on campus. The requirements are being imposed under the Campus Sexual Violence Elimination Act (Campus SaVE Act), an amendment to the Clery Act, which requires colleges and universities to report statistics for various criminal offenses and disclose certain security-related information.

Although regulatory guidance for the Campus SaVE Act is not expected until November 2014, colleges and universities are advised to start immediately collecting new data required by the Act, ensure that campus constituents are adequately trained regarding their reporting responsibilities under the Act, and review applicable policies and education and training programs to ensure compliance.

Under the new data collection requirements, higher education institutions must report additional offenses involving domestic violence, dating violence, and stalking in their annual security reports, for example. Colleges and universities also must collect new information about hate crimes to include those based upon gender identity and national origin bias, and they must withhold victims’ names when issuing timely reports.

The Campus SaVE Act requires colleges and universities to amend policies and procedures to cover the newly included offenses; take specified steps to provide a prompt, fair, and impartial resolution to the accused and victim; and include information about victim confidentiality. Colleges and universities also must notify victims of on- and off-campus reporting options and of available resources and interim remedies. In addition, the Campus SaVE Act contains requirements regarding education and training programs for investigators and hearing officials, as well as for students and employees.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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