Department of Education Proposes New Campus Safety Rules

The U.S. Department of Education proposed a new rule yesterday implementing changes to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) under the Violence Against Women Reauthorization Act of 2013. Colleges and universities would be subject to several new requirements intended to increase campus safety and provide enhanced information about campus security policies and procedures. Along with existing requirements under Title IX, the proposed rule underscores the government’s continued focus on sexual misconduct on campus.

The proposed rule largely adopts the draft consensus recommendation made by a 15-member panel through the negotiated rulemaking process. Some of its provisions include requiring colleges and universities to:

  • Adopt the FBI’s more inclusive definition of rape
  • Allow both the complainant and respondent to be accompanied by an adviser of their choice during disciplinary proceedings
  • Compile statistics for incidents of dating violence, domestic violence, and stalking, in addition to the current requirements for sexual assaults and certain other crimes
  • Add gender identity and national origin as categories of bias under the definition of hate crimes
  • Implement programs to prevent dating violence, domestic violence, sexual assault, and stalking, including prevention and awareness programs and campaigns

The public comment period for the proposed rule is open until July 21, 2014, and the Department is expected to publish the final regulation by November 1, 2014.


Written by:

Published In:

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.

© Ballard Spahr LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.