Federal Laws

Title IX, the Clery Act and the Campus SaVE Act, guarantee students…

• a right to education free from sexual violence, harassment and sex discrimination.

• a right to gender expression free from institutional or personal harassment for students in a school, program, or school related activities that receive any federally funds.

• protection from abuse to ensure that their educational experience is not interrupted or compromised should violence occur.

Collectively, these laws and policies make clear that educational institutions have a responsibility to create an environment where students are safe from violence.

On April 19th, 2024, the U.S. Department of Education under the Biden administration released their updated Title IX final rule that will go into effect on August 1st, 2024. This final rule provides important clarification and protection for student survivors, pregnant and parenting students, and LGBTQIA students. It is our hope that this new rule will restore the effectiveness of Title IX to prevent gender discrimination, including gender-based violence on campuses and not offer necessary protections and accommodations for those who experience sexual violence and harassment. While this new rule is something to be celebrated, it is still not enough. We are committed to holding the Biden administration accountable to their promises to keep transgender, nonbinary, and intersex student athletes safe.  

The final regulations:  

• provide full protection from sex-based harassment. 
• require schools to take prompt and effective action to end any sex discrimination in their education programs or activities—and to prevent its recurrence and remedy its effects. 
• require schools to provide supportive measures to complainants and respondents affected by conduct that may constitute sex discrimination, including sexual violence and other forms of sex-based harassment. 
• require schools to respond promptly and effectively to all complaints of sex discrimination with a fair, transparent, and reliable process that includes trained, unbiased decisionmakers to evaluate all relevant and not otherwise impermissible evidence.  
• provide schools with flexibility to adapt the regulations’ grievance procedure requirements to their educational communities so that all schools can implement Title IX’s promise of nondiscrimination fully and fairly in their educational environments. 
• protect students, employees, and applicants from discrimination based on pregnancy or related conditions. 
• prohibit discrimination against LGBTQI+ students, employees, and others.  
• protect people from harm when they are separated or treated differently based on sex in school. 

Stay tuned for more developments on the federal response to the rights of student survivors of gender-based violence. 

Massachusetts Laws

On January 12, 2021, Governor Charlie Baker signed into law the Campus Sexual Violence Act. This landmark law marks one of the first laws in Massachusetts dedicated to addressing sexual violence on college and university campuses. The Campus Sexual Violence Act, or Ch. 337, includes five key provisions:

1. Requires colleges and universities to establish institutional policies on sexual misconduct and requires training for staff and faculty involved in implementing an institution’s disciplinary process.

2. Requires institutions to conduct an anonymous sexual misconduct climate survey of all students every 4 years. A summary of results are to be posted to the institution’s webiste.

3. Requires institutions to designate a confidential resource provider (CRP). A CRP is separate and distinct from a Title IX coordinator or anyone required to report to the Title IX coordinator. A CRP can give you information about your rights, available services and resources on and off campus, and reporting options without triggering a formal report about the incident. A CRP also has confidentiality meaning they cannot share your information without your permission.

4. Requires institutions to enter into memoranda of understanding with local sexual and domestic violence service providers. The intent is to provide an off-campus alternative for survivors to access free and confidential counseling, advocacy services and resources.

5. Requires institutions to provide mandatory annual sexual misconduct primary prevention and awareness programming for all students and employees.

You Are Not Alone

Find Help On Campus

• Speak with your institution’s Confidential Resource Provider. The contact information for your institutions CRP should be available on your school website.

Find Help In Your Community 

• Use JDIs Find Help function to locate your nearest community-based sexual or domestic violence program.

Connect With Advocates

• The Every Voice Coalition, founded by Massachusetts students, brings together students and survivors, community organizations, and universities to combat campus sexual violence by passing student and survivor-written legislation on the state-level.