Department of Education Publishes Draft Regulations to Implement the Reauthorized Violence Against Women Act’s Amendments to the Clery Act

The U.S. Department of Education has published draft regulations for the implementation of the Violence Against Women Reauthorization Act of 2013 (VAWA). The draft regulations include additional requirements for colleges and universities in the reporting of campus crime statistics and the implementation of sex offense prevention and training programs under the Clery Act. Specifically, the reauthorized VAWA has expanded crime reporting under the Clery Act, requiring that institutions include in their Annual Security Reports statistics on the number of incidents of domestic violence, dating violence, and stalking that were reported to campus security authorities or local police agencies. In addition, the reauthorized VAWA has amended the Clery Act’s requirements regarding education programs to promote awareness and prevention of sex offenses. DOE has characterized the new requirements as “much more prescriptive,” now requiring institutions to include in their education programs “primary prevention and awareness programs” for all incoming students and new employees, as well as “ongoing prevention and awareness campaigns” for students and faculty.

Client Tip: The final regulations will follow DOE’s final negotiated rulemaking session on March 31-April 1, 2014. Institutions should review these final regulations when promulgated, and be prepared to update their procedures for reporting campus crime statistics and to implement the new requirements for sex offense prevention and training programs.

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