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Violence Against Women Act rule (2015)

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The Violence Against Women Act rule is a significant rule issued by the U.S. Department of Education effective July 1, 2015, that amended department regulations to implement the Violence Against Women Reauthorization Act of 2013.[1]

HIGHLIGHTS
  • Name: Violence Against Women Act
  • Agency: Office of Postsecondary Education, Department of Education
  • Type of significant rule: Economically significant rule

    • Timeline

    The following timeline details key rulemaking activity:

    Background

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    President Lyndon Johnson (D) signed the Higher Education Act (HEA) into law on November 8, 1965 in an effort to strengthen educational resources and financial assistance for college students by increasing federal grants to universities, creating low-interest student loans, and issuing scholarships. Title IV of the HEA established standards for offering financial assistance to college students, which governed Student Assistance General Provisions regulations issued by the Department of Education.[3]

    President Barack Obama (D) signed the Violence Against Women Reauthorization Act of 2013 (VAWA) into law on March 7, 2013, which amended the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) under the Student Assistance General Provisions included in the HEA. The VAWA, which was first signed into law in 1994, aimed to establish responses to domestic and dating violence, sexual assault, and stalking. The 2013 reauthorization under the Obama administration implemented changes to extended services to victims who had not previously been protected under the act. The changes implemented by the VAWA included provisions related to college students and required "institutions to compile statistics for incidents of dating violence, domestic violence, sexual assault, and stalking and to include certain policies, procedures, and programs pertaining to these incidents in their annual security reports," according to the rule.[1]

    The Department of Education proposed amendments on June 20, 2014, in an effort to align the Clery Act and the HEA with the statutory changes implemented by the VAWA 2013 Reauthorization.[1]

    Summary of the rule

    The following is a summary of the rule from the rule's entry in the Federal Register:

    “ The Secretary amends the Student Assistance General Provisions regulations issued under the Higher Education Act of 1965, as amended (HEA), to implement the changes made to the Clery Act by the Violence Against Women Reauthorization Act of 2013 (VAWA). These regulations are intended to update, clarify, and improve the current regulations.[1][4] ”

    Summary of provisions

    The following is a summary of the provisions from the final rule's entry in the Federal Register:[1]

    “ The final regulations will—
    • Require institutions to maintain statistics about the number of incidents of dating violence, domestic violence, sexual assault, and stalking that meet the definitions of those terms;
    • Clarify the very limited circumstances in which an institution may remove reports of crimes that have been “unfounded” and require institutions to report to the Department and disclose in the annual security report the number of “unfounded” crime reports;
    • Revise the definition of “rape” to reflect the Federal Bureau of Investigation's (FBI) updated definition in the UCR Summary Reporting System, which encompasses the categories of rape, sodomy, and sexual assault with an object that are used in the UCR National Incident-Based Reporting System;
    • Revise the categories of bias for the purposes of Clery Act hate crime reporting to add gender identity and to separate ethnicity and national origin into separate categories;
    • Require institutions to provide to incoming students and new employees and describe in their annual security reports primary prevention and awareness programs. These programs must include: a statement that the institution prohibits the crimes of dating violence, domestic violence, sexual assault, and stalking, as those terms are defined in these final regulations; the definitions of these terms in the applicable jurisdiction; the definition of “consent,” in reference to sexual activity, in the applicable jurisdiction; a description of safe and positive options for bystander intervention; information on risk reduction; and information on the institution's policies and procedures after a sex offense occurs;
    • Require institutions to provide, and describe in their annual security reports, ongoing prevention and awareness campaigns for students and employees. These campaigns must include the same information as the institution's primary prevention and awareness program;
    • Define the terms “awareness programs,” “bystander intervention,” “ongoing prevention and awareness campaigns,” “primary prevention programs,” and “risk reduction;”
    • Require institutions to describe each type of disciplinary proceeding used by the institution; the steps, anticipated timelines, and decision-making process for each type of disciplinary proceeding; how to file a disciplinary complaint; and how the institution determines which type of proceeding to use based on the circumstances of an allegation of dating violence, domestic violence, sexual assault, or stalking;
    • Require institutions to list all of the possible sanctions that the institution may impose following the results of any institutional disciplinary proceedings for an allegation of dating violence, domestic violence, sexual assault, or stalking;
    • Require institutions to describe the range of protective measures that the institution may offer following an allegation of dating violence, domestic violence, sexual assault, or stalking;
    • Require institutions to provide for a prompt, fair, and impartial disciplinary proceeding in which: (1) Officials are appropriately trained and do not have a conflict of interest or bias for or against the accuser or the accused; (2) the accuser and the accused have equal opportunities to have others present, including an advisor of their choice; (3) the accuser and the accused receive simultaneous notification, in writing, of the result of the proceeding and any available appeal procedures; (4) the proceeding is completed in a reasonably prompt timeframe; (5) the accuser and accused are given timely notice of meetings at which one or the other or both may be present; and (6) the accuser, the accused, and appropriate officials are given timely and equal access to information that will be used during informal and formal disciplinary meetings and hearings;
    • Define the terms “proceeding” and “result”; and
    • Specify that compliance with these provisions does not constitute a violation of section 444 of the General Education Provisions Act (20 U.S.C. 1232g), commonly known as the Family Educational Rights and Privacy Act of 1974 (FERPA).[4]
    		 ”

    Significant impact

    See also: Significant regulatory action

    The Office of Management and Budget (OMB) deemed this rule economically significant pursuant to Executive Order 12866. An agency rule can be deemed a significant rule if it has had or might have a large impact on the economy, environment, public health, or state or local governments. The term was defined by E.O. 12866, which was issued in 1993 by President Bill Clinton.[1]

    Text of the rule

    The full text of the rule is available below:[1]

    Aftermath

    The Violence Against Women Act (VAWA) was passed in 1994 in an effort to create "comprehensive, cost-effective responses to domestic violence, sexual assault, dating violence and stalking." The Violence Against Women Act 2013 Reauthorization expanded protections to close gaps in services for victims. In particular, the reauthorization aimed to offer services to Native American women, LGBTQ+ victims, public housing residents, immigrants, and college students.

    Following the 2013 reauthorization, the law was reauthorized in 2022 under the Biden administration. The VAWA Reauthorization Act of 2022 was passed in an effort to provide housing, legal assistance, and prevention services to survivors. The 2022 law also included nondiscrimination provisions to expand services to survivors of all genders and offer more services to LGBTQ+ survivors.[5]

    See also

    External links

    Footnotes

    1. ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 Federal Register, "Violence Against Women Act," October 20, 2014
    2. ↑ 2.0 2.1 Federal Register, "Violence Against Women Act," June 20, 2014
    3. ↑ Federal Student Aid, "Gainful Employment Information," accessed April 20, 2023
    4. ↑ 4.0 4.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
    5. ↑ National Network to End Domestic Violence, "Violence Against Women Act," accessed May 8, 2023
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