What is the Clery Act?
The Clery Act, beginning in 2014, required institutions to provide both the accuser and the accused the same opportunities to have an “advisor of their choice” during any institutional disciplinary proceeding. Guidance from the U.S. Department of Education gave schools the deference to set their own participation rules for advisers, as long as the advisor was permitted to attend any meeting or proceeding in which the party is required to be present.
The 2020 Title IX Regulations ushered in a new era regarding the role of advisors in sexual misconduct proceedings. The Title IX regulations now expand well past allowing for an advisor of choice to attend meetings. In addition, new roles for advisors in Title IX cases brings about new challenges for institutions as they balance equity, cost, and practicality.
Should the institution offer a lawyer free of charge, particularly if the other party has hired a lawyer? If the institution wishes to hire lawyers as advisors, can they afford to do so? When do the obligations of the “college-appointed” advisor begin?
Read the full white paper
This whitepaper, developed by the D. Stafford & Associates Title IX Team, will address the answers to these and other questions and will explore the overlapping requirements of advisors in cases of Dating Violence, Domestic Violence, Sexual Assault, and Stalking in the context of the Clery Act when the Title IX Regulations also apply, including a top ten list of considerations for schools as they draft policies and protocols for advisors in their proceedings.