Title IX

July 28, 2015
The Honorable Lamar Alexander

Chairman, Senate Committee on Health,
Education, Labor and Pensions
428 Dirksen Office Building
Washington, DC 20510
The Honorable Patty Murray

Ranking Member, Senate Committee on Health,
Education, Labor and Pensions
428 Dirksen Office Building
Washington, DC 20510
Dear Chairman Alexander and Ranking Member Murray,

On behalf of the more than 170,000 bipartisan members and supporters, over 1,000 branches, and 800
college and university partners, of the American Association of University Women (AAUW), I would like to
thank you for hosting a hearing on, Reauthorizing the Higher Education Act: Combating Campus Sexual
Assault.
When campus environments are hostile because of sexual harassment, assault, or violence, students cannot
learn and miss out on true educational opportunities. AAUW has long identified the need to end sexual
harassment and violence on college campuses. Our own research revealed that nearly two-thirds of college
students experience sexual harassment.1 In addition, a 2007 campus sexual-assault study by the U.S.
Department of Justice found that around 28 percent of women are targets of attempted or completed
sexual assault while they are college students.2 As of July 22, 2015, 124 colleges or universities and 40
school districts are under investigation for their handling of sexual assault incidents.3
Title IX
Title IX of the Education Amendments of 1972 is the federal law that prohibits sex discrimination in
education. Title IX protects students from unlawful sexual harassment in all of a schools programs or
activities, whether they take place in the facilities of the school, at a class or training program sponsored by
the school at another location, or elsewhere. Title IX protects both female and male students from sexual
harassment, regardless of who the harasser may be.4
Title IX requires schools to evaluate their current practices, adopt and publish a policy against sex
discrimination, and implement grievance procedures providing for prompt and equitable resolutions of
student and employee discrimination complaints. Sex discrimination includes sexual violence. Under Title
IX schools are required to eliminate sexual harassment and sexual violence, prevent their recurrence, and
address their impacts.5 The law and guidance issued by the U.S. Department of Education requires schools
to do several things. Schools must have and distribute a policy that defines sex discrimination (including
sexual harassment and violence) and states that the school does not discriminate.6 In addition, schools
must have and make known procedures for students to file complaints when sex discrimination (including
sexual harassment and violence) takes place. Also, schools must appoint a Title IX coordinator to oversee
these activities, review complaints, and deal with patterns or systemic problems (even when there are not
formal complaints. The school must notify students of the coordinators name and contact information.7
The Clery Act

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) requires
colleges and universities that participate in federal financial aid programs to disclose campus crime
statistics and security information.8 Every school must provide this information publicly. Currently, sexual
assaults that are reported to campus security and local law enforcement are included in these disclosures.9
In 2013, Congress reauthorized the Violence Against Women Act (VAWA) and included provisions to
improve campus safety. Schools are now required to report additional crime statistics (on domestic
violence, dating violence, and stalking), update procedures following an incident of sexual violence, and
provide prevention and bystander intervention training to all students and employees.
AAUW supported the campus sexual violence provisions that were included in the Violence Against Women
Reauthorization Act in 2013. As this new law is implemented, schools will have to step up and work to
change the culture on their campuses. The changes required by this new law, including additional reporting
around incidents and additional transparency regarding policies on campus, have the potential to bring
about important changes at schools across the country.
The statistics and policy disclosures required by the Clery Act all serve an important purpose they are a
public compilation of the efforts the school is making on all safety issues, not just sexual violence. Congress
passed the Violence Against Women Reauthorization Act of 2013 with updates to the Clery Act by large
bipartisan margins in both chambers. Following passage, regulations for the Clery Act provisions were
developed and adopted by a diverse group of stakeholders who worked through complex issues during a
negotiated rulemaking and came to consensus in support of the final rule. These provisions are only just
being implemented. AAUW looks forward to learn from implementation and enforcement efforts to
improve the law in the future.
The Clery Act requirements are in addition to the longstanding obligations that schools have under Title IX.
These laws work together to ensure that students have the information they need regarding campus safety,
as well as a clear course of action when sexual violence occurs.
Next Steps to End Sexual Harassment and Violence
To stem the tide of campus violence federal policies must be updated, not only to guide colleges and
universities in supporting students but also to provide strong incentives for these institutions to improve
their campus climates.
Implementing a climate and victimization survey would provide a better understanding of both reported
and unreported incidents, as well as contributing cultural issues on campus. Very simply, schools need
information in order to effectively combat this epidemic. The AAUW-supported, bipartisan Hold
Accountable and Lend Transparency (HALT) on Campus Sexual Violence Act would require that schools
take this important step and implement a biennial survey. The Campus Accountability and Safety Act
(CASA) would also have schools take this step. AAUW encourages the committee to continue to collaborate
with stakeholders regarding the best approach to requiring surveys on campus.
In addition, we know that that survivors need support and guidance when they decide to report an incident
of sexual violence. The AAUW-supported Survivor Outreach and Support Campus Act (SOS Campus Act)
would require colleges and universities to establish an independent, on-campus advocate to support
survivors of sexual assault. Advocates would connect survivors with resources including emergency and
follow-up medical and counseling care, how to report to law enforcement, and information about legal
rights.
1111 Sixteenth St. NW, Washington, DC 20036 | 202.785.7793 | www.aauw.org | advocacy@aauw.org
AAUW also urges additional support for schools to educate students, faculty, and staff, particularly Title IX
coordinators, as well as train the appropriate administrators on the relevant laws. Not all schools are bad
actors and resources and technical assistance can help them make real change. But, with complaints rising
enforcement of federal civil rights laws by the Department of Education and Department of Justice is more
important than ever and AAUW supports increasing funding for these agencies.10
We look forward to continuing to work with you to tackle the issue of campus sexual violence during the
process of reauthorizing the Higher Education Act. If you have any questions or need additional
information, feel free to contact me at 202/785-7720, or Anne Hedgepeth, government relations manager,
at 202/785-7724.
Sincerely,
Lisa M. Maatz
Vice President of Government Relations
AAUW. (2005). Drawing the Line: Sexual Harassment on Campus.history.aauw.org/aauw-research/2006-drawing-the-line
Christopher P. Krebs, Ph.D. ; Christine H. Lindquist, Ph.D. ; Tara D. Warner, M.A. ; Bonnie S. Fisher, Ph.D. ; Sandra L. Martin, Ph.D. (December 2007).
The Campus Sexual Assault (CSA) Study, Final Report. NIJ Grant No. 2004-WG-BX-0010. www.ncjrs.gov/pdffiles1/nij/grants/221153.pdf.
3 Huffington Post. (July 24, 2015). 124 Colleges, 40 School Districts Under Investigation For Handling Of Sexual Assault.
www.huffingtonpost.com/entry/schools-investigation-sexual-assault_55b19b43e4b0074ba5a40b77?utm_hp_ref=college
4 U.S. Department of Education. (September 2008). Sexual Harassment. www2.ed.gov/about/offices/list/ocr/docs/ocrshpam.pdf
5 U.S. Department of Education. (2011). Know Your Rights: Title IX Prohibits Sexual Harassment and
Sexual Violence Where You Go to School. www2.ed.gov/about/offices/list/ocr/docs/title-ix-rights-201104.html
6
U.S. Department of Education. (April 2011). Dear Colleague Letter. www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.pdf
7 U.S. Department of Education. (April 2015). Title IX Resource Guide. www2.ed.gov/about/offices/list/ocr/docs/dcl-title-ix-coordinators-guide201504.pdf
8 Clery Center for Security on Campus. Summary of the Jeanne Clery Act. clerycenter.org/summary-jeanne-clery-act
9 U.S. Department of Education. Campus Safety and Security Data Analysis Cutting Tool. ope.ed.gov/security/
10 U.S. Department of Education. (April 2015). Protecting Civil Rights, Advancing Equity: Report to the President and Secretary of Education,
Under Section 203(b)(1) of the Department of Education Organization Act, FY 1314.
www2.ed.gov/about/reports/annual/ocr/report-to-president-and-secretary-of-education-2013-14.pdf
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1111 Sixteenth St. NW, Washington, DC 20036 | 202.785.7793 | www.aauw.org | advocacy@aauw.org

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July 28, 2015

The Honorable Lamar Alexander

The Honorable Patty Murray

Dear Chairman Alexander and Ranking Member Murray,

The Clery Act

1111 Sixteenth St. NW, Washington, DC 20036 | 202.785.7793 | www.aauw.org | advocacy@aauw.org

1111 Sixteenth St. NW, Washington, DC 20036 | 202.785.7793 | www.aauw.org | advocacy@aauw.org

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