Last week, the NCAA Board of Governors adopted a policy regarding yearly sexual violence prevention education, and all institutions participating in the NCAA (at any level) must comply with the policy. The policy was recommended by the NCAA’s Commission to Combat Campus Sexual Violence, which is composed of college and university presidents, athletics administrators, NCAA coaches, sexual violence experts, and NCAA student-athletes.

Continue Reading The Time is Now: NCAA Adopts Sexual Violence Policy

The U.S. Department of Education (ED) announced its plan to review a University’s alcohol and other drug (AOD) policies and procedures as part of an ongoing investigation related to Title IX. With students and employees the subject of Title IX investigations and subject to AOD policies, as well as emerging trends related to medical and recreational marijuana, now is the time to reevaluate your school’s AOD policies, procedures, and practices as it relates to students and employees. Continue Reading Students and Employees at the Intersection of Alcohol and Other Drug Policies and Title IX

In the wake of headlines chronicling sexual assault scandals at universities and colleges around the country, states responded by introducing legislation aimed at curbing these assaults. Texas State Senator and Husch Blackwell Partner, Kirk Watson, authored two pieces of legislation that will begin to address the issue at Texas universities and colleges—both public and private. Continue Reading New Texas Laws Require Public and Private Universities to Remove Barriers to Reporting Sexual Assault

As colleges and universities collect more and more sensitive, personal electronic information, they become more and more likely to experience a “data breach.”  Although institutions spend considerable time focusing on high-tech solutions to help guard their data against criminal activity, low-tech strategies can prove equally effective.  One low-tech strategy is to simply stop putting a student’s personal information (“PI”) on university forms and documents when it is not necessary—like including a student’s social security number on a transcript. Continue Reading Cut the Cord—Colleges and Universities Should Stop Including Social Security Numbers on Transcripts

An institution may have off campus property that meets the geographical definition for “noncampus buildings or property” while at the same time meeting the Clery definition of “separate campus.”  If that is the case, the property should be classified as a separate campus, which carries with it significant Clery compliance obligations. Continue Reading Be Careful! Your Noncampus Property May Actually Be a Separate Campus (Clery Blog Series #6*)

Under the Clery Act, institutions must disclose crime statistics reported to have occurred on their Clery geography.  The U.S. Department of Education (ED) included guidance in the 2016 edition of The Handbook for Campus Safety and Security Reporting (“Clery Handbook”) that indicates that hotels where your students stay while participating in the institution’s program and activities should be included in the noncampus buildings or property geographical category in some circumstances.   Continue Reading Are You Including Student Overnight Trips in Your Clery Geography? You Might Need To (Clery Blog Series #5*)

The Clery Act requires institutions to disclose certain crime statistics that occur on its Clery geography in its Annual Security Report and to the U.S. Department of Education (ED) each year.   The crimes to be disclosed are as follows: Continue Reading You May Not Need to Disclose All Clery Crimes Occurring on Your Clery Geography (Clery Blog Series #4*)

Under the Clery Act, institutions must disclose crime statistics reported on their Clery geography, which includes on-campus property, on-campus student housing facilities (if applicable), noncampus buildings or property, and public property.   Whether the property at issue is “reasonably contiguous” to the campus can be the determinative factor when choosing between an on-campus property designation or a noncampus building or property designation.  The 2016 edition of The Handbook for Campus Safety and Security Reporting (“Clery Handbook”) provides new and additional information about what it means for a piece of property to be “reasonably contiguous” to the campus with its discussion of the “one-mile rule.”
Continue Reading Clery’s “One-Mile Rule” – What is it? Why does it matter? (Clery Blog Series #3*)

PrintThere are several approaches the U.S. Department of Education (ED) utilizes to evaluate an institution’s compliance with the Clery Act, including program reviews and “spot check” assessments.

Commonly, an institution’s Clery compliance is evaluated as part of  Continue Reading ED Uses Multi-pronged Approach to Checking Your Clery Compliance (Clery Blog Series #2*)

The U.S. Department of Education has signaled a new route for its civil rights investigations of educational institutions. Candice Jackson, the Department’s Office for Civil Rights’ Acting Assistant Secretary for Civil Rights, reportedly provided new internal complaint investigation guidelines to Regional Offices. These new guidelines change course from prior policies mandating that, for certain types of complaints, OCR must conduct broader investigations, request particular types or greater amounts of data from schools, and be subject to additional oversight by the Department’s Headquarters.

Under the previous administration, complaints alleging Continue Reading Former OCR investigator breaks down new Department marching orders