Application of New Clery Act requirements to JVSD adult education programs

Joint vocational school districts (JVSDs) that offer adult education programs, including workforce training and Adult Basic Literary Education, and participate in federal Title IV student financial assistance programs, including Federal Pell Grants, must comply with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, known more commonly as the “Clery Act.”  The Clery Act requires JVSDs to track and disclose certain crime and security information, develop specific policy statements related to the handling, reporting and prevention of certain crimes and provide related training and educational programming for students and employees.

The Clery Act and accompanying regulations were recently amended in order to afford more protections to victims of sex offenses. All JVSDs participating in federal Title IV student financial assistance programs must be in compliance with the new requirements no later than July 1, 2015.  To be in compliance with the law, JVSDs will need to make a number of changes to their statistical reporting procedures, develop additional policy statements, and establish annual trainings on issues related to sex offenses and proper notification and hearing procedures.  The regulatory changes will also likely impact JVSD Title IX policies and procedures, which should also be reviewed to ensure compliance.

Violations of Clery Act requirements can result in civil penalties of up to $35,000 per violation and/or suspended participation in Title IV financial aid programs.  In addition, many educational entities have found themselves embroiled in civil litigation or other administrative complaint procedures related to their alleged failure to comply with the requirements of the Clery Act and/or Title IX requirements.

If you would like additional information on the new requirements, please contact a member of our Education Law group for assistance.