Title IX of the Education Amendments of 1972

Violence Against Women Act (VAWA), Sect 304

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act)

Title VII of the Civil Rights Act of 1964 

Family Educational Rights and Privacy Act (FERPA)

National Guidance Materials

Available at: http://www2.ed.gov/about/offices/list/ocr/docs/qa-201404-title-ix.pdf

This document is a “significant guidance document” under the Office of Management and Budget’s Final Bulletin for Agency Good Guidance Practices, 72 Fed. Reg. 3432 (Jan. 25, 2007).

The Office for Civil Rights (OCR) issues this and other policy guidance to provide recipients with information to assist them in meeting their obligations, and to provide members of the public with information about their rights, under the civil rights laws and implementing regulations that OCR enforces. OCR’s legal authority is based on those laws and regulations. This guidance does not add requirements to applicable law, but provides information and examples to inform recipients about how OCR evaluates whether covered entities are complying with their legal obligations.

Available at: https://www.notalone.gov/assets/report.pdf

This report was prepared by the White House Task Force to Protect Students From Sexual Assault. The Task Force is Co-Chaired by the Office of the Vice President and the White House Council on Women and Girls.

The White House Task Force to Protect Students From Sexual Assault was established on January 22, 2014, with a mandate to strengthen federal enforcement efforts and provide schools with additional tools to help combat sexual assault on their campuses.

Available at: https://www.notalone.gov/assets/ferpa-clerychart.pdf

The purpose of this chart is to clarify the reporting requirements of Title IX and the Clery Act in cases of sexual violence and to resolve any concerns about apparent conflicts between the two laws.

This handbook reflects the Department of Educations’s interpretations and guidance, as of the date of publication. It is intended for use by the Department’s program reviewers who are responsible for evaluating an institution’s compliance with the requirements as well as postsecondary institutions and outside reviewers.

Handbook for Campus Safety and Security Reporting 2016 Edition

This report is submitted under Section 203(b)(1) of the Department of Education Organization Act of 1979, Pub. L. No. 96–88, which provides: “The Assistant Secretary for Civil Rights shall make an annual report to the Secretary, the President, and the Congress summarizing the compliance and enforcement activities of the Office for Civil Rights and identifying significant civil rights or compliance problems as to which such Office has made a recommendation for corrective action and as to which, in the judgment of the Assistant Secretary, adequate progress is not being made.” 20 U.S.C. §3413(b)(1).

U.S. Department of Education Office for Civil Rights 2016 Annual Report

Documents posted in the OCR Reading Room were published in the Federal Register or were otherwise made available to the public. Policy and legal interpretations announced in these materials may have been superseded or modified by federal court decisions or by later interpretations of the legal requirements involved. Placement of the document in the reading room does not reflect its importance relative to other OCR documents or to court decisions. The list of OCR documents currently available is not all-inclusive.

OCR Reading Room Website

Act 206, Session Laws 2011

In 2011, the state of Hawai‘i enacted Act 206 to protect the employment rights of victims of domestic and sexual violence by: (1) prohibiting employment discrimination on the basis of domestic or sexual violence victim status under H.R.S. chapter 378, part I “Discriminatory Practices”; and (2) amending H.R.S. chapter 378, part VI, formerly titled “Victims Leave” and renamed “Victims Protections”, to add a sub-part requiring employers to make reasonable accommodations for employees who are victims of domestic or sexual violence.

Act 206, Session Laws 2011

Act 222, Session Laws 2015

Establishes an affirmative consent task force to review and make recommendations on the University of Hawaii’s executive policy on domestic violence, dating violence, sexual assault, and stalking.

Act 222, Session Laws 2015

Act 208, Session Laws 2016

Requires UH to train employees and students on sexual harassment, sexual assault, domestic violence, dating violence, and stalking policies, appoint a confidential advocate at each campus, designate all faculty members as responsible employees under Title IX, enter into MOUs with county police departments regarding reporting of sexual assault cases to the police, and conduct a campus climate survey, and submit reports to the Legislature. Appropriates funds.

Act 208, Session Laws 2016

OIE update on Act 208 

Act 110, Session Laws 2018

“State Title IX” bill: “No person in the State, on the basis of sex, including gender identity or expression or sexual orientation shall be excluded from participation in, be denied the benefits of, or be subject to discrimination under any state educational program or activity. Effective January 1, 2020.

Directs the LRB to conduct a study of federal laws and regulations and recommend proposed legislation.

Act 110, Session Laws 2018

Act 177, Session Laws 2019

Reaffirms the state’s commitment to Title IX and extends the deadline for a LRB report to August 1, 2019. The LRB report was mandated in Act 110, Session Laws 2018.

Incorporates various federal exemptions allowing for sex and gender delineation in social fraternities/sororities, certain youth service organizations, financial aid, and same-sex living facilities. Effective January 1, 2020.

Act 177, Session Laws 2019