Ensuring Interim Compliance As The Campus SaVE Act Takes Effect

The Sexual Violence Elimination Act (the "Campus SaVE Act") will take effect March 2014.   When it does, it will expand the training and reporting requirements for institutions under the Clery Act: (1) "reportable incidents" will now include hate crimes related to national origin and gender identity, as well as domestic violence, dating violence and stalking offenses; (2) students, coordinators and other officials must be trained on these new categories; and (3) school policies and procedures governing employee and student conduct, victim services and prevention programs must be expanded. Guidance on compliance from the Department of Education ("DOE") will be delayed because it has not yet issued any regulations. This is problematic because the regulations must first go through a negotiation process that will not be completed before November 2014, six months after the Campus SaVE Act goes into effect and after institutions will have filed their first Annual Security