Don't be fooled! Just because institutions of higher education may be denying victims the right to proceed on their sexual assault complaints through the Title IX grievance process by citing to DeVos' new Title IX regulations, it doesn't mean that survivors don't have rights to participate in the general disciplinary process against the accused!
Title IX and the Clery Act are two separate federal statutes, both addressing campus sexual assault, but the new Title IX regulations do not affect a victim's rights under the Clery Act. See Doe v. DHHS, 85 F.Supp.3d 1 (D.D.C. 2015). Here is a list of victims' rights that still apply under the Clery Act:
These rights apply to students and employees pursuant to the Clery Act, 20 U.S.C. § 1092(f)(8)(C), which covers both on and off-campus incidents of gender violence, but it can arguably be applied outside of those two groups to others per the statutory language of the Clery Act. Any victims needing assistance in campus proceedings should contact the L.L. Dunn Law Firm for assistance!
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