As many institutions are quickly learning, colleges and universities face formidable federal compliance requirements under the Clery Act and Title IX. The Department of Education has made it known: Clery violations likely will be fined at the maximum penalty of $35,000 for each violation. Students and parents are now better informed and highly motivated to hold their schools accountable for failure to properly report and investigate incidents of sexual misconduct and offenses of domestic violence, dating violence and stalking. Further, the plaintiffs bar is capitalizing on case law holding that Title IX creates a private right of action against educational institutions.
Now, colleges and universities dealing with allegations of sexual misconduct, domestic violence, dating violence and stalking face an additional challenge: fulfilling the mandates of the Violence Against Women Reauthorization Act (VAWA), which President Obama signed into law March 7. The VAWA amendments do not take effect until next year, but schools must act now to ensure compliance with these new obligations.
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