Relevant Legislation

The environment our campuses are now required to operate in is largely dictated by several recently enacted pieces of federal legislation, guidance documents, and recent interpretations of previously standing legislation. A brief summary of those follows:

  • Title IX – this refers to Title IX of the Higher Education Act of 1972 requiring equitable gender treatment at institutions of higher education. Full text can be found here.
  • Clery Act – This refers to the campus’ requirement to publish crimes which happen on or adjacent to their campus. Full text can be found here.
  • Violence Against Women Act (VAWA) – This act offered additional clarity to the existing regulations provided under the Clery Act aimed at providing more support and services for survivors of sexual assault. A helpful infographic can be found here.
  • Dear Colleague Letter – This refers to guidance issued by the Department of Education regarding new or adjusted mandated procedures schools must follow as it relates to sexual violence on their campus. Full text can be found here. Further background info can be found here.
  • Family Educational Right to Privacy Act (FERPA) – This refers to a student’s right to have his privacy preserved in his individual file. Effectively, universities are not allowed to name individual students in disciplinary matters unless they present an immediate risk to campus safety/welfare. More information can be found here.