	Introduction and Background

Recent high-profile incidents of sexual violence on campus have heightened congressional and administrative scrutiny of the policies and procedures that institutions of higher education (IHEs) use to address such violence. Meanwhile, legislators have introduced several bills that seek to strengthen or build on existing laws pertaining to campus sexual violence, including, in the 114 th Congress, the Campus Accountability and Safety Act (CASA, H.R. Currently, there are two federal statutes that address sexual violence on college campuses: the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, as amended (Clery Act), and Title IX of the Education Amendments of 1972 (Title IX). Sexual Violence at IHEs

Campus sexual violence is a widely acknowledged problem. These estimates vary considerably across studies. Under Clery, all public and private IHEs that participate in HEA Title IV student financial assistance programs must track crimes in and around their campuses, and report these data to their campus community and to ED. In contrast, Title IX is a civil rights law that prohibits discrimination on the basis of sex under any education program or activity that receives federal funding. Under Title IX, sexual harassment, which includes sexual violence, is a form of unlawful sex discrimination. Unlike the Clery Act, whose coverage is limited to IHEs that receive student financial aid funds under the HEA, Title IX is applicable to education programs or activities that receive any type of federal funding, including any public or private elementary, secondary, and postsecondary school that receives such funds. ED's Federal Student Aid (FSA) office oversees educational institutions' compliance with the student financial aid requirements under Title IV of the HEA, including requirements related to the Clery Act. In this role, FSA conducts program reviews of institutions' compliance with Title IV student financial aid requirements, including compliance with the Clery Act. Although each agency enforces Title IX compliance among its own recipients, ED, which administers the vast majority of federal education programs, is the primary agency conducting administrative enforcement of Title IX. Such enforcement by ED's Office for Civil Rights (OCR) may occur as part of a routine compliance audit or in response to a complaint filed by an individual. As per the Clery Act, an ASR must include campus crime statistics, as well as a statement of campus policies regarding 
campus law enforcement (including the law enforcement authority of campus security personnel, and the relationship between campus security personnel and local or state law enforcement agencies); procedures to report criminal actions and emergencies; policies to encourage crime reporting (when the victim elects or is unable to do so); and policies concerning the institution's response to such reports; programs to prevent sexual violence, procedures the institution will follow in response to a report of sexual violence, and the standard of evidence that will be used in any institutional proceedings that result from such a report; sexual violence awareness and prevention programs for all incoming students and new employees, including a statement from the IHE prohibiting such violence; the definition of sexual violence in the applicable jurisdiction and definition of consent; and options for bystander intervention and risk reduction; sanctions that may be imposed following a final determination in an institutional proceeding arising from a report of sexual violence; procedures that alleged victims should follow after sexual violence has occurred; including evidence preservation, information about to whom the alleged offense should be reported, and options for reporting (or not reporting) such incidents to campus authorities or law enforcement; as well as (where applicable) information about orders of protection and similar orders that may be obtained through a court process; procedures for institutional disciplinary action, including a clear statement that such proceedings shall provide a prompt, fair, and impartial investigation and resolution; and be conducted by officials who receive annual training on issues relating to sexual violence and on how to conduct investigations and hearings in response to a report of such violence; both the accuser and accused are entitled to have others present during such proceedings (including an advisor of choice); and shall receive simultaneous notification in writing of the outcome of such proceedings, appeal procedures, changes in the results that occur before final determination, and the final determination. Some concerns have been expressed about the sufficiency of Clery Act enforcement, including staff levels, at ED.
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 use to address sexual violence on campus. Among other things, concerns have been expressed about standards of evidence used in institutional proceedings that occur in response to a report of sexual violence on campus, the sufficiency of current legal remedies, and Department of Education (ED) guidance to IHEs.
Further, although sexual violence on campus is a widely acknowledged problem, its prevalence can be challenging to establish. Published estimates of the scope and scale of sexual violence at IHEs vary considerably across studies and data sources. Efforts to improve these data are an ongoing focus of federal policy.
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, as amended (Clery Act), and Title IX of the Education Amendments of 1972 (Title IX). 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 of 1965, as amended (HEA), to track crimes in and around their campuses and to report these data to their campus community and to ED. The Clery Act also requires IHEs to publish information about certain campus safety policies, including policies related to reports of sexual violence. Under the Clery Act, such policies must address campus disciplinary proceedings, crime reporting, victim support, and related topics. ED's Office of Federal Student Aid (FSA) oversees compliance with Title IV, including the requirements related to the Clery Act. In this role, FSA conducts program reviews of IHEs' compliance with student aid and Clery provisions, and may levy fines against IHEs that are in violation.
In contrast, Title IX is a civil rights law that prohibits discrimination on the basis of sex under any education program or activity that receives federal funding. Under Title IX, sexual harassment, which includes sexual violence, is a form of unlawful sex discrimination. Unlike the Clery Act, whose coverage is limited to IHEs that receive student financial aid funds under the HEA, Title IX is applicable to education programs or activities that receive any type of federal funding, including any public or private elementary, secondary, and postsecondary school that receives such funds. Although each federal agency enforces Title IX compliance among its own recipients, ED, which administers the vast majority of federal education programs, is the primary agency conducting administrative enforcement of Title IX. Such enforcement by ED's Office for Civil Rights (OCR) may occur as part of a routine compliance audit or in response to a complaint filed by an individual.
Federal policymakers have been actively involved in seeking ways to improve how IHEs respond to, investigate, and adjudicate incidents of campus sexual violence. Members of the 114th Congress have introduced several bills that seek to strengthen existing laws pertaining to campus sexual violence. In April 2014, the White House Task Force to Protect Students from Sexual Assault issued its first report—Not Alone—and created a website to address campus sexual violence.