Issue Briefs

About

Colleges and universities have seen an increased and sustained focus on their handling of sexual assault and sex discrimination on their campuses. Recent Congresses and the Obama Administration launched numerous initiatives aimed at highlighting the issue, devising approaches to address it, and strengthening enforcement. Many states and advocacy groups also launched initiatives in this area. Although the Trump Administration made significant changes to campus sexual assault policies, President Biden has issued new Title IX regulations that not only reverse some of the Trump Administration's policies, but also significantly broaden the scope of conduct that is covered to include all forms of sex discrimination.
 

Federal Requirements and Initiatives

Two federal laws address sexual violence at institutions of higher education. The first is the Clery Act, which addresses campus safety by requiring institutions of higher education to disclose campus crime statistics and security policies. The Clery Act was amended most recently by the Violence Against Women Reauthorization Act of 2013.  Final regulations implementing these changes went into effect in 2015.

The second federal law that addresses campus sexual assault, as well as sex discrimination more broadly, is Title IX, which prohibits discrimination on the basis of sex in federally funded programs or activities. The Department of Education’s Office for Civil Rights aggressively pursued Title IX enforcement activities through the end of the Obama Administration. During this period, the Department issued guidance documents related to campus sexual assault in 2011, 2014, and 2015. 

In 2017, the Trump Administration rescinded the Obama-era guidance. The following year, the Department issued proposed Title IX regulations on campus sexual assault. The Trump Administration's final Title IX regulations were published in 2020. The regulations radically transformed how colleges and universities handle sexual misconduct cases by imposing strict new procedural requirements that institutions must follow when addressing such complaints. Although some of these changes were designed to assure fairness for accused students, there were also concerns about the impact these new procedural requirements would likely have on sexual assault survivors and educational institutions alike. 

In 2024, the Biden Administration released final regulations that significantly expand the scope of Title IX’s reach on college campuses. Unlike the Trump Administration’s Title IX rules, which addressed sexual harassment only, the new regulations dramatically increase coverage to apply more broadly to all forms of sex discrimination, including discrimination on the basis of sexual orientation and gender identity, though the final rules notably do not address transgender students’ eligibility to participate on sex-segregated athletic teams. The regulations also use a broader definition of sexual harassment and cover a wider range of parties and geographic scope. In addition, the new rules eliminate or soften some of the more controversial procedural provisions in the current regulations, though in many ways the regulations are just as detailed and prescriptive as the Trump rules.

To help provide a more comprehensive, understanding of the new Title IX regulations and their potential implications, NAICU has created a webpage containing Title IX resources. Those resources include:
 

• An Executive Summary that describes key aspects of the final rules.
• A Technical Summary that provides a more detailed analysis. 
• A webinar that gives an overview of the regulations.  

Finally, it is important to note that Congress may take action on campus sexual assault. For example, bipartisan legislation has been introduced in recent congressional sessions.  Reauthorization of the Higher Education Act could also provide an opportunity to address the issue.