How can colleges and universities curb sexual violence on campus and create the safe, respectful, collegiate learning and teaching environment that every student and employee deserves? Through education, training, ongoing dialogue and a deliberate shaping of campus culture.

Part of that work means complying with the New Title IX and Clery Act regulations. To get you started, we’ve compiled a list of key requirements from both the Clery Act and Title IX so that you can review your current practices and ensure your institution meets and exceeds compliance.

What is the Clery Act?

The Jeanne Clery Act, or Clery Act, requires, among other important safety and public awareness provisions, that all higher education students, faculty, and staff receive training on how to recognize, respond to, and prevent sexual assault, dating and domestic violence, and stalking. Prevention and education efforts for all incoming and ongoing employees and students is a vital component satisfying Clery Act requirements and in meeting health and safety expectations of your university community.

Occasionally, the components of the Clery Act that address the prevention and response to dating and domestic violence, sexual assault, and stalking are referred to as the Campus SaVE Act. The Campus SaVE Act was integrated into the Violence Against Women Reauthorization of 2014 amendments to the Jeanne Clery Act and is no longer an accurate term to describe these regulations.

What is Title IX?

While most are aware of Title IX as the higher education sex discrimination law, not everyone knows how much this law has and continues to evolve. Enacted in 1972, Title IX of the Education Amendments was originally administered by the U.S. Department of Health, Education and Welfare. The law prohibited discrimination on the basis of sex for any activities in any institution that received federal funding of any kind.

Why is Clery & Title IX Training important?

Campus Culture & Safety

Implementing effective Clery & Title IX training for faculty, staff, and students will have a positive effect on your campus culture. Not only will Clery & Title IX training set the standard for an equitable campus, it will work against the insidious problem of college sexual assault, intimate partner violence, and stalking. There is no easy solution for these problems, but Clery & Title IX training increase learners’ ability to intervene and prevent sexual assault, and promote empathy and support for survivors.

Compliance

Besides the moral impetus to provide Clery & Title IX training, it also reduces financial and reputational risk. Failing to provide effective Clery & Title IX training could be your highest area of exposure. EVERFI’s courses use realistic scenarios students and staff can relate to as well as interactive elements that keep learners engaged throughout the course.

Clery & Title IX Obligations and Protections

Complying with Clery & Title IX means that you have to operate in a nondiscriminatory matter on the basis of sex. This includes, but is not limited to:

  • Recruitment, admissions, and counseling
  • Financial assistance
  • Athletics
  • Sex-based harassment
  • Treatment of pregnant and parenting students
  • Discipline, single-sex education, and employment.
  • Recipients of Education Department funds may not retaliate against an individual that has made a charge, testified or participated in any action under Clery & Title IX

Originally seen as an equality-in-athletics initiative, it has evolved substantially over the last 40 years.

Clery & Title IX continues to evolve today, with new updated guidelines currently under review.

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Clery & Title IX Harassment Definition

In the Title IX regulations released in May 2020, the Department of Education defines sexual harassment as “ conduct on the basis of sex that satisfies one or more of the following:

  1. A school employee conditioning education benefits on participation in unwelcome sexual conduct (i.e., quid pro quo); or
  2. Unwelcome conduct that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the school’s education program or activity; or
  3. Sexual assault (as defined in the Clery Act), dating violence, domestic violence, or stalking as defined in the Violence Against Women Act (VAWA).
college students

According to the regulations, “[s]chools must respond when sexual harassment occurs in the school’s education program or activity, against a person in the United States. Education program or activity includes locations, events, or circumstances over which the school exercised substantial control over both the respondent and the context in which the sexual harassment occurs, and also includes any building owned or controlled by a student organization that is officially recognized by a postsecondary institution.”

Clery & Title IX Compliance Requirements

Training for “Title IX employees”

The training required by Title IX regulations for “Title IX employees” is defined as “Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process”.

When responsible employees receive information about incidents of sexual misconduct they are required to report all relevant details (including names of the alleged perpetrator, complainant, and witnesses) about the incident to the Title IX Coordinator or other designated persons.

To protect a complainant’s confidentiality and encourage them to seek help, OCR does not require the following employees to report incidents of sexual misconduct: campus mental health counselors, pastoral counselors, social workers, psychologists, health center employees, or any other person with a professional license requiring confidentiality, and the people they supervise.

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What is a Title IX Coordinator?

Higher education institutions receiving federal funding are required to designate a coordinator who is responsible for ensuring the school complies with Clery & Title IX.

The Title IX coordinator needs to be the expert on all things relating to Clery & Title IX.

Title IX coordinators are also responsible for responding to all complaints of possible sex discrimination and coordinating proper responses to complaints.

The Title IX coordinator should be aware of each type of discrimination covered under Clery & Title IX. Additionally, the Title IX coordinator needs to know the ins and outs of your campus’s policies and procedures on sex discrimination and sexual misconduct.

In fact, it’s a best practice to have the Title IX coordinator involved with the creation of campus policies. This way they can ensure the policies match Clery & Title IX requirements.

Title IX Coordinators and Sexual Assault

Another responsibility Title IX coordinators have is to oversee the campus’s sex discrimination and sexual violence prevention initiatives to ensure Clery & Title IX compliance. For example, the Title IX coordinator provides student training to help prevent sexual violence on campuses, such as dating and domestic violence, stalking, sexual assault and harassment.

Conduct Investigations & Enforce Disciplinary Actions

One of the most challenging responsibilities of the Title IX coordinator is investigating complaints and enforcing disciplinary actions. When a person reports sex discrimination or allegations of sexual misconduct, the Title IX coordinator must handle the investigation from beginning to end which can include among other Clery & Title IX requirements:

  • Conducting interviews with the involved parties
  • Informing all parties about the grievance process
  • Establishing witness credibility
  • Evaluating evidence with an impartial view
  • Determining appropriate sanctions against the perpetrator
  • Helping survivors find resources

Additionally, the Title IX coordinator should be accessible and available to meet with students who need guidance or want to make a complaint.

Learn more about Title IX Coordinators

Online Clery & Title IX Training

EVERFI offers effective online Clery & Title IX Training courses for faculty, staff, and students.

Clery & Title IX Training for Students

Our courses use realistic scenarios students can relate to as well as interactive elements that keep learners engaged throughout the course. Most importantly, the training is written by prevention education and compliance experts.

Solutions for Students

Clery & Title IX Training for Faculty

EVERFI’s Clery & Title IX training courses on sexual assault prevention not only train administrators on the law, they also help to create a healthy, respectful learning environment that benefits everyone.

Solutions for Faculty