CRS – Sexual Violence at Institutions of Higher Education, Gail McCallion, Specialist in Social Policy; Jody Feder, Legislative Attorney. October 23, 2014.
“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. Currently, 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. The 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’s Federal Student Aid (FSA) Office oversees educational institutions’ compliance with Title IV student financial aid requirements, including requirements related to the Clery Act. In this role, FSA conducts program reviews of IHEs’ compliance with student aid and Clery provisions.”