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Title IX and the Clery Act: Similarities and Differences

Posted by Joseph D. Lento | May 28, 2018 | 0 Comments

In the wake of empowering anti-sexual assault movements like #MeToo and “Time's up”, victims have initiated public conversation about the serious issues affecting their daily lives, both personal and professional. The movements have successfully compelled women (who are disproportionately affected by sexual assault) and other demographics to garner the courage to expose their perpetrators, as they are now assured that a whole network of people are listening to their stories, and will believe them.

This cultural shift has become palpable in a number of industries. One of the most controversial settings where sexual assault has become increasingly prevalent is on college campuses. It seems like every week there's a new headline about a student enduring some form of sexual misconduct. While the details of each incident vary, the spirit of the laws implemented and enforced to deter sexual violence and gender-based discrimination are essentially the same. When it comes to the resolution of complaints involving these forms of misconduct, people generally reference two federal laws: Title IX and the Clery Act.

Title IX vs. The Clery Act

Most people are aware of Title IX in the context of equality in campus intercollegiate sports. Because of the application of this law, female athletes have access to a proportionate rate of athletic scholarships in comparison with their male counterparts. Title IX has just recently been referenced for sexual misconduct due to the OCR's implementation of more comprehensive sexual violence guidelines in 2011. It prohibits any form of sexual misconduct on campus by permitting schools to resolve complaints of this nature

Sharing the same morale as Title IX, the Clery Act is a consumer protection law that's intended to improve transparency in collegiate settings. In compliance with this law, colleges and universities must make statistics of campus crime and the efforts made to improve campus safety accessible to the public.

Similarities

Institutional obligations

Both Title IX and the Clery Act obligate institutions to be proactive in their approaches to dealing with incidents of sexual violence of sex discrimination. In previous years, the enforcement of these laws were housed within a single department. For example, Title IX matters would solely be handled the campus civil rights office, while the enforcement of the Clery Act was perceived as only a concern for campus police or the office of security. In reality, when institutions properly comply, these laws have wide-reaching education, prevention, and resolution components that require campus-wide collaboration.

Differences

Responses

Title IX and the Clery Act each have very unique processes for investigations, protections, and remedies. Allegations for sexual harassment under Title IX may offer protections and arrangements for student respondents that the Clery act doesn't offer, and vice versa.

Title IX Advisor Helping Students Nationwide

If you've been accused of violating Title IX at your college or university, you need to get in contact with a skilled student defense attorney. Joseph D. Lento has extensive experience helping students nationwide in your situation overcome their allegations by helping them build a solid defense. He has the skill, experience, and expertise to help you do the same. If you have questions about your case, or want to know more about him or his firm, contact him online or give him a call at 888-535-3686 today.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Joseph D. Lento has more than a decade of experience passionately fighting for the futures of his clients. Mr. Lento represents students and others in disciplinary cases and other proceedings at universities and colleges locally and nationwide while concurrently fighting in criminal courtrooms in Philadelphia, the Pennsylvania counties, and New Jersey. Mr. Lento has helped countless students, professors, and others in academia at more than a thousand universities and colleges across the United States. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. Joseph D. Lento is licensed in Pennsylvania, New Jersey, and New York, and is admitted pro hac vice as needed nationwide.

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