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What to know about the Clery Act and Title IX

Campus police are mandated to report sexual assaults and dangerous environments through the Clery Act and Title IX.

About one in five women are sexually assaulted while attending college, according to the National Sexual Violence Resource Center, and the same is true for one in 16 college men. The NSVRC also said more than 90 percent of sexual assault victims on college campuses do not report the assault to police.

“The Clery Act is a consumer protection law that aims to provide transparency in campus crime policy,” Laura Egan, senior director of training and technical assistance at the Clery Center, said.

A school’s annual security report must include statistics regarding campus crime for the preceding three calendar years, plus details on measures taken to improve campus safety, according to the Clery Act. The policy statements must include the school’s response and prevention to crimes like sexual assault, domestic or dating violence and stalking.

“In order to comply with Clery Act requirements, colleges and universities must understand what the law entails, and the act requires colleges and universities that receive federal funding to publish an annual security report to employees and students every Oct. 1,” Egan said.

Egan executes trainings and creates resources to help professionals at college campuses understand how to comply with and implement the Clery Act.  

“Most of our work centers on creating educational materials, resources, trainings and workshops,” Egan said. “September is National Campus Safety Awareness Month, and we offer free professional development resources in the form of tools, guides and webinars.”

Schools also have a responsibility to provide victims of any crimes with a written explanation of rights, the Clery Act states. These rights include the option for a change in transportation, housing and/or relocation and/or academic courses. Rights also include access to counseling, legal services and local law enforcement notification.

The Clery Act also requires campus officials to evaluate if a serious threat to the campus community is ongoing and to determine if a timely warning should be issued to students and staff.

Under Title IX of the Education Amendments of 1972, sex discrimination is prohibited at any education institution that receives federal funding. Title IX requires schools to respond to and remedy hostile education environments, or they could lose funding.

The University of Memphis Office of Student Conduct’s website states any form of sexual misconduct is “a violation of both state and federal laws and may be prosecuted in the criminal justice system as well as through the university’s disciplinary process.”

United States Education Secretary Betsy DeVos released a letter Sept. 22 outlining a new campus sexual assault policy. The U of M’s Office of Institutional Equity oversees compliance with Title IX and is a resource for students wishing to report acts of sexual violence or sexual harassment.  

“The changes caused by these rescissions are notable, but I do not believe that they significantly impact the current policies and practices in place at the university for Title IX for implementation and compliance,” Kenneth Anderson, director of the Office of Institutional Equity and Title IX coordinator for the U of M, said. “The changes are probably best understood as an interim step in a much broader process.”

Anderson said as Title IX coordinator he will keep up with the U.S. Department of Education’s changes.

“The university is committed to fulfilling its responsibilities under Title IX and promoting a campus environment and culture that is inclusive and safe for all students and staff,” Anderson said.

The Office of Institutional Equity is located on the first floor of the Administration Building of the main campus and can be reached by calling 901-678-2713.


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