Title IX states that no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance. The statute applies to all aspects of education and includes protections against sexual harassment and sexual violence. Educational institutions that receive federal funding are required to comply with Title IX by establishing procedures for handling complaints of sex discrimination, including sexual misconduct by educators. Failure to comply with Title IX can result in the loss of federal funding.
The Clery Act requires all colleges and universities that participate in federal financial aid programs to keep and disclose information about crime on and near their respective campuses. Compliance is monitored by the United States Department of Education, which can impose fines for violations. The Act also requires schools to provide timely warnings of crimes that represent a threat to the safety of students or employees, and to develop and implement policies for responding to reports of sexual violence and other crimes.
VAWA is a federal law that provides for the investigation and prosecution of violent crimes against women. It was reauthorized in 2013 to include the Campus Sexual Violence Elimination (SaVE) Act, which amends the Clery Act. This provision expands the scope of this legislation to include requirements for institutions to provide prevention and education programs related to sexual violence, to disclose incidents of domestic violence, dating violence, sexual assault, and stalking, and to provide rights and resources to survivors. Educational institutions must have procedures in place to respond effectively to these incidents.
FERPA is a federal law that affords parents the right to have access to their children's education records, the right to seek to have the records amended, and the right to have some control over the disclosure of personally identifiable information from the education records. When a student turns 18 years old, or enters a postsecondary institution at any age, the rights under FERPA transfer from the parents to the student. In cases of sexual misconduct, FERPA allows schools to disclose to the alleged victim of any crime of violence, or a non-forcible sex offense, the final results of a disciplinary proceeding against the alleged perpetrator, regardless of whether the school concluded a violation was committed.