Sexual aSSault LEGAL ADVOCACY MANUAL - Texas Association ...

Federal Legal Remedies
Federal law provides protections in several areas for sexual assault survivors, centering on improper or
inadequate action by schools and school officials. Survivors can take advantage of some of them without
hiring a lawyer, but for most of those laws, enforcement requires attorney representation. In any event,
advocates should have a general familiarity with the remedies available under federal law in order to
provide survivors with the widest possible array of options.
Privacy: The Family Education Right to Privacy Act
The Family Education Right to Privacy Act, (“FERPA”) is a well-established federal law that prohibits
schools from releasing student educational records without consent. If a school has improperly released
confidential records, the student does not have the right to sue the school civilly to enforce her rights
under FERPA. Instead, the student must file a complaint with the U.S. Department of Education, which
will then enforce the student’s rights through administrative action.
In the sexual assault context, there are some exceptions to FERPA that are designed to treat survivors with
dignity and respect. The exceptions require schools to disclose the results of disciplinary proceedings to
the accused and the accuser, and allow the school to publicly disclose the results if the accused is found
to have violated the school’s rules or policies. In addition, while public disclosures may contain the name
of the perpetrator, they cannot contain the survivor’s name without her or his written consent. Finally,
a school cannot require the survivor to keep the outcome of a disciplinary proceeding confidential as a
condition of disclosing the outcome to her or him.
FERPA also requires schools to disclose information on registered sex offenders who are affiliated with
the school to local law enforcement agencies, including campus police. Two other federal laws—the
Wetterling Act and the Jeanne Clery Disclosure Security Policy and Campus Crime Statistics Act—
contain similar requirements regarding sex offenders enrolled in or employed at colleges.
Services for Survivors: The Jeanne Clery Act & The Campus Assault Victim’s Bill of Rights
The Jeanne Clery Disclosure Security Policy and Campus Crime Statistics Act (“Clery Act”) is a federal
law that sets out comprehensive requirements for colleges to maintain statistics on crime on campus and
in surrounding areas. The law’s general purpose is to ensure all colleges keep accurate and transparent
records regarding crime in their communities, and to keep students informed of the current crime
situation (20 U.S.C. § 1092(f)).
The Campus Assault Victim’s Bill of Rights is a 1992 amendment to the Clery Act. It guarantees certain basic
rights to sexual assault survivors. At a minimum, colleges must provide their students with information on
available educational programs to promote awareness of sexual violence on campus. In addition, the Campus
Assault Victim’s Bill of Rights requires colleges to have certain policies addressing the immediate response
to sexual violence, continuing assistance for survivors, and for disciplinary proceedings:
• Required Immediate Response Policies:
1. Colleges must inform survivors of who to contact following a sexual assault.
2. Colleges must identify the importance of preserving evidence.
3. Colleges must identify to whom students should report sex offenses.
4. Colleges must inform survivors of options to notify law enforcement and provide assistance in
contacting law enforcement.
119