University Policies Covering Intimate Partner Violence

In twenty days, on August 1, 2024, the new Title IX regulations will take effect on college campuses across the United States. Since its inception in 1972, Title IX has expanded the responsibilities of universities to protect students against discrimination, assault, and other gender-based violence. But how effective have these policies been? And how do they relate specifically to the issue of domestic violence? Before discussing Title IX in more depth, it’s important to understand a number of other laws that have influenced the oversight of domestic violence on college campuses. These are outlined below. 

Clery Act 

The Clery Act was signed into law in 1990 by President Bush with a goal to “provide  transparency around campus crime policy and statistics.” The act was enacted in response to the rape and murder of college student Jeanne Clery in 1986. A key part of the act is the requirement that any university receiving federal funding (this includes participating in federal financial aid programs) publish an Annual Security Report for faculty and students. The report must cover crimes occurring on, around, and sometimes off campus over the previous three years, and it must explain, among other details, how the university is working to improve campus safety. Other requirements of the Clery Act include keeping a public crime log, protecting victims’ confidentiality, and having an emergency response system in place. If you’re a college student, you’ve likely received “timely warning” messages by email or text. These are also a requirement of the Clery Act, notifying students and faculty when a crime is determined to be a “serious or ongoing threat.” Since it was first signed into law, the Clery Act has been amended five times. One of these amendments involved the 2013 reauthorization of the Violence Against Women Act. 

Violence Against Women Act (VAWA) 

The Violence Against Women Act was first signed in 1994 with a goal to better prevent and prosecute crimes against women and children. It was the first federal legislation to officially recognize domestic violence and sexual assault as crimes, and its 2013 reauthorization amended the Clery Act to include these in its crime logs (Campus SaVE Act). VAWA has been instrumental in protecting and assisting survivors of domestic violence throughout the United States, and it is not limited to women but aims to protect people of all genders, races, and backgrounds. The act has been reauthorized four times since it was first passed in 1994, most recently by President Biden in 2022. In 2013, VAWA Section 304, or the Campus SaVE Act, brought with it a number of policies applying directly to domestic violence on college campuses. 

Campus Sexual Violence Elimination (SaVE) Act 

Besides adding domestic violence, dating violence, and stalking to the list of crimes that must be reported under the Clery Act, the Campus SaVE Act held various implications for university policy. It required that universities have a school policy specifically stating 1) programs for preventing domestic violence, dating violence, sexual assault, and stalking, and 2) procedures to be followed when one of these incidents is reported. Policy must also discuss the educational programs a university is implementing to bring awareness to these issues, as well as sanctions or protective measures the university will follow if an incident is determined to have occurred and procedures a victim should follow in case of an incident. All things considered, the Campus SaVE Act has proved very significant in our country’s efforts to combat sexual assault and violence on college campuses. 

The Clery Act, the Violence Against Women Act, and the Campus SaVE Act have all contributed to increased transparency, awareness, and accountability when it comes to domestic violence on college campuses. Yet, as studies suggest, there is much room for improvement. This fact is further reflected in the Title IX system.  

Title IX 

As a college student, you’ve likely heard of Title IX. Perhaps you’ve seen it mentioned at the end of a course syllabus or followed a Title IX lawsuit in the news, or maybe you’ve even used their services to file a report or seek support. Title IX does not just apply to universities, but to all levels of education, including elementary and secondary school. Signed into law by President Nixon in 1972, it stated that, “No person in the United States shall, on the basis of sex, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” While it began as a law focused on discrimination in the classroom, it has since expanded to cover sexual assault, harrassment, and violence. Title IX has shifted from merely expanding educational opportunities to adjusting the way our country thinks about sex and gender itself. In more recent years, however, it has become increasingly controversial. Depending on who you ask, consulting Title IX may or may not be the best option for survivors of sexual assault and intimate partner violence. Below are some reasons why.  

Policy Pitfalls 

Under Title IX, universities have a legal obligation to address dating abuse and intimate partner violence. However, students must report the abuse for their university to take those actions, and this can be a long and painful process, sometimes doing more harm than good. 

Rose Danuser, a survivor of sexual assault and rape at Emory University, reflects on her less-than-satisfactory experience navigating the Title IX system: 

“Each stage is a perfectly choreographed series of impersonally measured business days… My year with the Department of Title IX consisted of me telling my story over and over again — justifying my sexual harassment and recounting my trauma to a revolving door of advocates, coordinators and investigators. My case was transferred to four different advocates, three coordinators and two investigators each time without my knowledge… The system, designed to bring about justice and resolution, only perpetuated my sense of helplessness.” 

For Danuser, the procedures involved in her Title IX case dragged on for months and months, with new complications and delays arising at every stage. During the process, she filed a Mutual No Contact Order, but Title IX was unable to enforce it. Thus, when she was assaulted a second time, she chose to bypass Title IX altogether and filed a protective order through her county’s Superior Court. In the end, Danuser was left feeling exhausted and betrayed. 

Danuser’s experience is not isolated. In fact, many students have come to view Title IX as a symbol of “institutional betrayal.” Research on student survivor experiences indicate that “Title IX procedures are used as a means of protecting the institution itself and its liability.” There are countless examples illustrating this – from Harvard’s cover-up for Professor John L. Comaroff to countless other failures by well-known universities. This is not the only flaw within the Title IX system. Title IX investigators commonly lack training and are “burdened with competing responsibilities” that may prevent them from responding to reports thoroughly and in a timely manner. Additionally, when it comes to the actual policies outlined by Title IX, there exist a number of legal complexities. If you are experiencing intimate partner abuse or other forms of sexual violence, understanding these complexities may be useful in helping you decide what measures to take. 

Legal Complexities 

First is the question of location. Does intimate partner violence have to occur on campus to be covered by Title IX? Not necessarily. Title IX currently applies to incidents occurring at any school-related program or event. Important for survivors of dating violence, it also applies if there is any “carry-over into the educational setting.” This would seem to imply that if a student were experiencing intimate partner violence at off-campus housing, they could file under Title IX if they would have to interact with or see their partner or ex-partner on campus. This raises another question, however, as students experiencing dating violence do not always suffer at the hand of another student. 

What if an abuser is not affiliated with the school in any way and does not frequent school property? The question of person is another legal complexity presented by the Title IX system, and one that ought to be more clearly addressed. Title IX may cover non-student abusers if the university has “substantial control over both the harasser and the context in which the known harassment occurs.” Of course, this would include professors or other faculty, but it’s a bit unclear who else would be covered. Lauren McCluskey’s story is just one example of intimate partner violence involving a non-student perpetrator. Her parents sued the University of Utah alleging that campus police should have prevented her death by an ex-partner. They eventually dismissed the lawsuit after reaching a multi-million dollar legal settlement with the school. Below are the events surrounding Lauren McCluskey’s death, serving as a stark reminder of the need for increased education and policies covering non-student abusers on college campuses. 

In 2018, Lauren McCluskey, 21-year-old student and track athlete at Utah State, was found murdered by her ex-partner, Melvin Rowland. When Lauren met Rowland, he lied about his age, his name, and did not tell her he was a registered sex offender on parole. A few weeks into the relationship, Lauren’s friends became concerned that Rowland was taking advantage of her and started to fear for her safety. They reported it to their university, but no action was taken. After finding out Rowland had lied about his identity, McCluskey broke off the relationship. She, too, made reports to the university and to the police. McCluskey was physically and sexually abused, stalked, and blackmailed before being shot in a parking lot by Rowland on October 22. Her murder brought widespread attention to intimate partner violence and the system’s obvious failures.  

A third question involving Title IX coverage relates to the type of abuse. When it comes to the court system, evidence is imperative. You must prove you were assaulted, abused, or discriminated against. The problem is, abuse is not always physical, and even when it is, it may be difficult to document it to the level that the law calls for. This is not just an issue when reporting abuse to Title IX, but relates also to previously mentioned laws like the Violence Against Women Act (VAWA).  

How do these laws define abuse? VAWA has expanded its definition of domestic violence to include “verbal, psychological, economic, or technological abuse.” Yet, lawyers specializing in these cases admit that psychological, verbal, and emotional abuse are difficult to prove. Certain things can help corroborate claims, like a letter from a therapist or psychologist; however, these are usually not enough to prove the abuse occurred.  

When it comes to filing under Title IX, you need to know how your university defines intimate partner violence. For instance, the online Title IX resources for the University of Missouri St. Louis defines dating/intimate partner violence as, “violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the recipient of the violent behavior.” This definition does not appear to include emotional, psychological, verbal, or technological abuse, although the university could have an official definition set out elsewhere. Yale’s official definition of intimate partner violence is as follows: “Intimate partner violence (IPV) occurs when a current or former intimate partner uses or threatens physical or sexual violence. IPV also may take the form of a pattern of behavior that seeks to establish power and control by causing fear of physical or sexual violence.” Here, the definition leaves room for further interpretation, potentially providing more protection for students experiencing abuse. Students should keep in mind, however, that even though the abuse they’re experiencing may be covered under their school’s definition, it does not mean that it will be easy to prove the abuse. Changes coming in August of this year may provide further guidance in navigating the system. 

New Title IX Regulations – August 2024 

In April of this year, the U.S. Department of Education released new Title IX regulations that will impact educational equity and opportunity on many fronts. They are set to take effect on August 1st, 2024. A number of these changes are especially pertinent to students who have or currently are experiencing intimate partner abuse.  

First, the new regulations will expand the definition of abuse, covering “less egregious behavior.” This may allow more students experiencing dating abuse to seek protection under Title IX without fear that they will simply be dismissed. The new regulations will also require universities to cover incidents of sexual assault, harassment, and intimate partner violence that occur off-campus and even outside the U.S. (covering study abroad programs). Additionally, the changes will no longer require complainants to be students at the time they report, allowing them to transfer, graduate or drop-out of the school where the abuse occurred and still be able to file under Title IX. Thus, students that have suffered financial, emotional, physical, or other damages may now seek restitution and closure even if they are no longer in college.  

Finally, the new regulations will not require a live hearing with cross-examination. This is significant, as the cross-examination process can be quite traumatizing for victims of sexual assault or domestic violence. Being forced to relive their experiences in front of a live audience while also facing their abuser is far from a healing process.  

Some believe that eliminating this requirement will encourage more survivors to come forward and better ensure their mental and emotional well-being throughout the process. Others, however, are concerned over the law’s application to defamation lawsuits. While survivors would normally be granted immunity to defamation suits by their assailant, a recent case involving two Yale students did not grant such immunity because the survivor had testified using a modified version of cross-examination that was not face-to-face. The survivor’s assailant was consequently able to sue her for defamation.  

Although these changes are set to take effect August 1st of 2024, it’s highly unlikely they will completely eliminate all legal complexities or create a system able to properly address the full spectrum of intimate partner abuse. Fighting intimate partner violence on college campuses requires more on the part of universities than simply adjusting their Title IX policies. Although it may take years before students’ attitudes toward Title IX change, universities can start by implementing and investing in other programs and resources to support and protect survivors of intimate partner violence while helping to prevent future abuse. Some of these are outlined below. 

Other Resources Available   

Regardless of the university you attend or your particular situation, reporting to Title IX or filing under other laws can be a long and exhausting process. Whether you decide to file with Title IX or not, other resources do exist both on and off campus for survivors of dating abuse and intimate partner violence. 

Many colleges offer free and confidential resources. These could include assisting a survivor in creating a safety plan to leave their abuser, providing counseling to help survivors process their experience, and designating organizational ombuds who help two parties resolve an issue without involving the court.  

Student assistance programs may go by different names and function differently depending on your campus. At the University of California their advocacy program is called CARE or Campus Assault Resources and Education. It guides students through the legal process, connects them with medical services, and helps them get any necessary academic accommodations. At other universities, resources for survivors can often be found under simple labels like “Domestic Violence Resources.” This is true at the University of Nebraska Omaha where students can be directed to information about local shelter, eligibility requirements, hotline numbers, legal procedures, counseling and advocacy services, and more.  

Besides investing in these supportive resources, universities should put more effort into implementing preventative programs. Below are just a few examples that have been successful. 

Successful Prevention Programs  

Green Dot 

The Green Dot Prevention Strategy seeks to create healthy norms on campuses and equip students with the knowledge and ability to intervene in issues of interpersonal violence. It is a research-based approach that has been shown to be quite effective and has been implemented by many colleges around the country. Green Dot focuses on workshops, social marketing, and evaluation to achieve its goals. It is flexible, scalable, available in-person or online, and consists in a multi-year effort to reinforce various core skills for prevention. Libby Thorson, the Assistant Dean of Students at the University of Wyoming recommends the program for other campuses “because it is the only program that I have seen truly reduce rates of sexual assault, relationship abuse, and stalking. Green Dot invites every layer of your campus to participate, from Trustees, to administration, employees, and students of every identity.” 

Red Flag Campaign 

The Red Flag Campaign spreads awareness among bystanders, encouraging them to say something when they notice “red flags” or warning signs in a friend’s relationship. It focuses on sexual assault, dating violence, and stalking. Universities can purchase campaign packages that come with posters illustrating forms of dating violence, ways friends can intervene, and characteristics of a healthy relationship. It also comes with 200 flags to be put up around campus. The campaign has various series, which illustrate sexual coercion, victim blaming, emotional abuse, sexual assault, stalking, isolation, jealousy, coercion, and microaggression in hopes to raise awareness about warning signs that may often go unnoticed.  

Healthy Relationship Initiative 

While the Healthy Relationship Initiative is specific to Saint Vincent College, it provides a great model for other universities to follow in creating their own campus programs. The Healthy Relationship Initiative seeks to cultivate healthy dating relationships through various events, resident staff trainings, seminars, and a weekend retreat. One example of its impact on Saint Vincent students can be seen in its support of peer education. Through a grant from “It’s On Us,” the initiative enabled students to educate their peers on healthy relationships. Many students remarked that the session had greatly impacted them and provided them with the knowledge they needed to identify abusive relationships: “I really needed to hear this right now. It brought some extremely important issues in my own relationship to my attention.” “Very informative. I didn't know who I could talk to before this session, but now I know what resources are available.” 

To close this article, a survivor from Emory University offers a valuable reminder for any student experiencing intimate partner violence or dating abuse: 

“You have the right to closure, whether it is through the Title IX process or in personal resolution. Whatever you choose, it makes sense and is valid. There’s no right path in any of this. Take care of yourself, and know that you are deserving of kindness and compassion.” 

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Harmony House

The mission of Harmony House is to provide shelter, advocacy and education to survivors of domestic violence and promote the principle that all individuals have the right to life free of abuse.

Since 1976, our emergency shelter and supportive outreach case management programs have offered individuals and their children the opportunity to rest and heal both emotionally and physically in a supportive environment. We believe you. You are not alone and we can help!

If you or someone you know is living in an abusive situation, call 417–864-SAFE (7233) to speak with an advocate.

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