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Beware of Implementing 2017 Q&A Sexual Misconduct Guidance: VAWA and Clery Act Remain the Law (For Now)

09/27/2017

On September 22, the Department of Education issued this announcement formally withdrawing the statements of policy and guidance in its 2011 Dear Colleague Letter on Sexual Violence and its 2014 Questions and Answers on Title IX and Sexual Violence.

The Department issued a new Q&A on Campus Sexual Misconduct (“2017 Guidance”) explaining its interim enforcement approach while new regulations are developed. The 2017 Guidance largely allows schools the leeway to keep the Title IX policies they adopted to comply with the 2011 guidance, or to revert to pre-2011 practices.

But, beware. The amendments to the Clery Act made by the Violence Against Women Reauthorization Act of 2013 (VAWA 2013), which carved out very specific special rules for sexual assault, domestic violence, dating violence, and stalking have not been repealed by Secretary of Education Betsy DeVos’ announcement nor by the Department’s 2017 Guidance.

Click here to read the full Alert.