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Education Department Issues Proposed Rule on Campus Sexual Assault

June 20, 2014

 

​The Obama Administration yesterday released a proposed rule to implement changes to the Clery Act under the Violence Against Women Reauthorization Act of 2013, which President Obama signed in March 2013.

The language for the rule was negotiated by a rulemaking panel comprised of students and representatives from advocacy organizations, law enforcement, colleges and other groups in a series of sessions held earlier this year.

Under the proposed rule, colleges would be required to compile and report statistics for incidents of dating violence, domestic violence, and stalking, in addition to the existing reporting requirements for certain other crimes, including sexual assaults. Other changes include adding gender identity and national origin as categories of bias under the Clery Act's definition of hate crimes; requiring institutions to ensure that their disciplinary proceedings are prompt, fair and impartial; strengthening protections for victim confidentiality; and specifying requirements for programs to prevent dating violence, domestic violence, sexual assault and stalking.

Comments are due on the rule by July 21, with final regulations expected Nov. 1.

 

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