{
  "id": "R43764",
  "type": "CRS Report",
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      "source": "EveryCRSReport.com",
      "id": 596610,
      "date": "2016-04-15",
      "retrieved": "2020-01-03T15:13:05.926124",
      "title": "Sexual Violence at Institutions of Higher Education",
      "summary": "In recent years, a number of high-profile incidents of sexual violence at institutions of higher education (IHEs) have heightened congressional and administration scrutiny of the policies and procedures that IHEs use to address sexual violence on campus. Among other things, concerns have been expressed about standards of evidence used in institutional proceedings that occur in response to a report of sexual violence on campus, the sufficiency of current legal remedies, and Department of Education (ED) guidance to IHEs. \nFurther, although sexual violence on campus is a widely acknowledged problem, its prevalence can be challenging to establish. Published estimates of the scope and scale of sexual violence at IHEs vary considerably across studies and data sources. Efforts to improve these data are an ongoing focus of federal policy.\nCurrently, there are two federal laws that address sexual violence on college campuses: the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, as amended (Clery Act), and Title IX of the Education Amendments of 1972 (Title IX). These two statutes differ in significant respects, including in their purpose, coverage, enforcement, and remedies. \nThe Clery Act requires all public and private IHEs that participate in the student financial assistance programs under Title IV of the Higher Education Act of 1965, as amended (HEA), to track crimes in and around their campuses and to report these data to their campus community and to ED. The Clery Act also requires IHEs to publish information about certain campus safety policies, including policies related to reports of sexual violence. Under the Clery Act, such policies must address campus disciplinary proceedings, crime reporting, victim support, and related topics. ED\u2019s Office of Federal Student Aid (FSA) oversees compliance with Title IV, including the requirements related to the Clery Act. In this role, FSA conducts program reviews of IHEs\u2019 compliance with student aid and Clery provisions, and may levy fines against IHEs that are in violation.\nIn contrast, Title IX is a civil rights law that prohibits discrimination on the basis of sex under any education program or activity that receives federal funding. Under Title IX, sexual harassment, which includes sexual violence, is a form of unlawful sex discrimination. Unlike the Clery Act, whose coverage is limited to IHEs that receive student financial aid funds under the HEA, Title IX is applicable to education programs or activities that receive any type of federal funding, including any public or private elementary, secondary, and postsecondary school that receives such funds. Although each federal agency enforces Title IX compliance among its own recipients, ED, which administers the vast majority of federal education programs, is the primary agency conducting administrative enforcement of Title IX. Such enforcement by ED\u2019s Office for Civil Rights (OCR) may occur as part of a routine compliance audit or in response to a complaint filed by an individual.\nFederal policymakers have been actively involved in seeking ways to improve how IHEs respond to, investigate, and adjudicate incidents of campus sexual violence. Members of the 114th Congress have introduced several bills that seek to strengthen existing laws pertaining to campus sexual violence. In April 2014, the White House Task Force to Protect Students from Sexual Assault issued its first report\u2014Not Alone\u2014and created a website to address campus sexual violence.",
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      "topics": [
        {
          "source": "IBCList",
          "id": 4861,
          "name": "Education & Labor Law"
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          "source": "IBCList",
          "id": 4906,
          "name": "Postsecondary Education"
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    {
      "source": "EveryCRSReport.com",
      "id": 435093,
      "date": "2014-10-23",
      "retrieved": "2016-04-06T22:52:49.684618",
      "title": "Sexual Violence at Institutions of Higher Education",
      "summary": "In recent years, a number of high-profile incidents of sexual violence at institutions of higher education (IHEs) have heightened congressional and administration scrutiny of the policies and procedures that IHEs currently have in place to address campus sexual violence and how these policies and procedures can be improved. Campus sexual violence is widely acknowledged to be a problem. However, reported data on the extent of sexual violence at IHEs varies considerably across studies for a variety of methodological and other reasons. Victims of sexual violence may suffer from a range of physical and mental health conditions including injuries, pregnancy, sexually transmitted diseases, post-traumatic stress disorder, depression, suicidality, and substance abuse. College students who are the victims of sexual violence may experience a decline in academic performance, and they may drop out, leave school, or transfer. \nCurrently, there are two federal laws that address sexual violence on college campuses: the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act, P.L. 101-542) and Title IX of the Education Amendments of 1972 (Title IX, P.L. 92-318). These two statutes differ in significant respects, including in their purpose, coverage, enforcement, and remedies. \nThe Clery Act requires all public and private IHEs that participate in the student financial assistance programs under Title IV of the Higher Education Act (HEA, P.L. 89-329) of 1965 to track crimes in and around their campuses and to report these data to their campus community and to the Department of Education (ED). ED\u2019s Federal Student Aid (FSA) Office oversees educational institutions\u2019 compliance with Title IV student financial aid requirements, including requirements related to the Clery Act. In this role, FSA conducts program reviews of IHEs\u2019 compliance with student aid and Clery provisions.\nTitle IX is a civil rights law that prohibits discrimination on the basis of sex under any education program or activity that receives federal funding. Under Title IX, sexual harassment, which includes sexual violence, is a form of unlawful sex discrimination. Unlike the Clery Act, whose coverage is limited to IHEs that receive student financial aid funds under the HEA, Title IX is applicable to recipients of any type of federal education funding, including any public or private elementary, secondary, and postsecondary school that receives such funds. Although each federal agency enforces Title IX compliance among its own recipients, ED, which administers the vast majority of federal education programs, is the primary agency conducting administrative enforcement of Title IX. Such enforcement by ED\u2019s Office for Civil Rights (OCR) may occur as part of a routine compliance audit or in response to a complaint filed by an individual.\nMembers of Congress have been actively involved in seeking ways to improve how IHEs respond to, investigate, and adjudicate incidents of campus sexual violence. Several bills that would strengthen existing laws pertaining to campus sexual violence have been introduced during the 113th Congress. In January 2014, the Obama Administration established a White House Task Force to Protect Students from Sexual Assault. In April 2014, the Task Force issued its first report\u2014Not Alone\u2014 and created a website that addresses campus sexual violence. Among other things, the report included an extensive list of actions that the Administration will take (or has already taken) to address campus sexual violence.",
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      "typeId": "REPORTS",
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  "topics": [
    "Domestic Social Policy",
    "Education Policy"
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}