Title IX and Beyond: Campus Sexual Violence and the Confidentiality Conflict

July 2015 | 0 Comments  Average 5 out of 5

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On Nov. 16, 2018, the U.S. Department of Education (ED) released proposed regulations related to Title IX that will govern how educational institutions conduct inquiries into allegations of sex discrimination, including sexual misconduct. For a summary of key changes in the new regulations and UE recommendations, please see our Insights blog.
Once ED publishes the regulations in the Federal Register, a 60-day notice and comment period will follow. ED will then review submitted comments and publish the final regulations. Because of the expected high volume of comments and anticipated court challenges, it may be a considerable time before ED implements the regulations.
In the interim, institutions can use the resources below and our summary publication for suggestions on preventing and responding to campus sexual misconduct. However, institutions should first consult with legal counsel before making any changes to their policies or practices.

About This Resource

Educational institutions that are subject to Title IX, VAWA (Campus SaVE Act) provisions, or both have a legal obligation to address sexual violence on campus. However, schools often face the need to satisfy victims who don’t wish to pursue criminal charges or the internal disciplinary process; instead, they want only confidential assistance so they can begin to heal. To help navigate the competing mandates of the duty to respond to campus sexual violence and the need to provided confidential support to victims, schools must implement and widely publicize separate options for:

  • Reporting sexual violence to the school so that it can take appropriate action
  • Disclosing sexual violence to campus resources that offer victims confidential help and support but do not trigger the school’s legal duty to investigate and resolve the matter formally   

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