Discussion List for campus-based and allied personnel working to end gender-based violence on campus.

["S. Daniel Carter" <>]

on 6/9/03 3:59 PM, 

 at 

 wrote:

> Victims also need to be apprised of their rights to privacy, and they need 
> to
> appreciate the consequences of revealing certain information as well as the
> right to file complaints with the Office for Civil Rights with the 
> Department
> of Education and the Financial Aid office within DOE re clery violations.
> These regulations have strict time limits about which victims need to be
> informed as quickly as possible.

The time limits under the Clery Act are much broader than under Title IX
which does contain very specific deadlines. Under the Clery Act there is in
fact no specific deadline for when a complaint may be filed.

A DOE review is, however, dependent upon access to underlying records. For
the statistical disclosures supporting records have to be kept for three
years after the latest statistical disclosure. So for example, a forcible
sex offense reported to a school on January 1, 1999 (regardless of when it
happened) would have been required to be reported statistically for the last
time in data due October 1, 2002, and thus those supporting records kept
through October 1, 2005. Effectively this provides for a 6-7 year complaint
window.

********************************
S. Daniel Carter
Senior Vice President
Security On Campus, Inc.
http://www.securityoncampus.org/
e-mail: