Live Blog: Making New Campus Sexual Assault Regulations, Day 4
What You Need to Know
Analysis: Today’s meeting of the negotiated rulemaking committee on the VAWA amendments to the Clery Act was a bit rocky – the negotiators covered some of the more detailed parts of the draft rule (prevention programs, training, disciplinary proceedings) and opinions in the room varied.
The main takeaways:
- Some negotiators worried that the language on prevention programs was too detailed and couldn’t be applied to all types of schools. After ironing out confusion about how the requirement would apply to all students and employees (it would need to be offered but attendance wouldn’t be mandatory) the group still left up in the air exactly where they wanted to see the language go. The Department of Education, for its part, indicated that their goal is to allow flexibility in delivery of the programs but to ensure the definitions and requirements everyone works off are consistent.
- The disciplinary proceedings conversation seemed to create a divide between institution representatives and students and survivors, but also revealed that many around the table work at schools who are good actors on this topic, which isn’t always the case. The main points discussed: disclosing the sanctions being applied to students by schools following disciplinary proceedings, the role of an advisor in proceedings, and the interaction between sharing results of proceedings and privacy laws.
- The negotiators also discussed how the rule should indicate that Title IX will interact with various on-campus activities such as: training, investigations, disciplinary proceedings, and accommodations, to name a few. The Department has been clear that nothing in this new law and the regulation will change Title IX, and they suggested language to reinforce that point. Some members of the group were not completely on board with that draft language.
I’ll leave you with the positive note the Department tried to end the day on: days 3 and 4 tend to be the hardest in a negotiated rulemaking since so many details are being worked out, but there’s reason to be optimistic the group can reach consensus. The negotiators were encouraged to talk over the next month and think of compromise ways to move forward. Likewise, those following along can reach out to negotiators if there are suggestions for ways to solve some of the problems vocalized.
We’ll be back on March 31 and April 1 for the final days of negotiation!
Read the live blog below.