NOT ALONE

The First Report of the White House Task Force to 

Protect Students From Sexual Assault

April 2014
ii

President Barack Obama signs the Presidential Memorandum establishing the White 

House Task Force to Protect Students From Sexual Assault on January 22, 2014. 

(Official White House Photo by Lawrence Jackson)

Sexual violence is more than just a crime against individuals. It threatens our 

families, it threatens our communities; ultimately, it threatens the entire 

country. It tears apart the fabric of our communities. And that’s why we’re here 

today -- because we have the power to do something about it as a government, 

as a nation. We have the capacity to stop sexual assault, support those who 

have survived it, and bring perpetrators to justice.

President Barack Obama, January 22, 2014

Freedom from sexual assault is a basic human right... a nation’s decency is in 

large part measured by how it responds to violence against women... our 

daughters, our sisters, our wives, our mothers, our grandmothers have every 

single right to expect to be free from violence and sexual abuse.

Vice President Joe Biden, January 22, 2014
iii

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.
iv

Table of Contents

Executive Summary............................................................................2

Introduction.......................................................................................6

Our First Task: Listening .....................................................................6

I. How Best to Identify the Problem: Campus Climate Surveys ..........7

II. Preventing Sexual Assault on Campus............................................9

III. Responding Effectively When a Student is Sexually Assaulted......11

IV. Improving the Federal Government’s Enforcement Efforts, and 

 Making Them More Transparent.................................................16

Next Steps .......................................................................................20
2

Executive Summary

Why We Need to Act

One in five women is sexually assaulted in college. Most often, it’s by someone she knows –

and also most often, she does not report what happened. Many survivors are left feeling isolated, 

ashamed or to blame. Although it happens less often, men, too, are victims of these crimes.

The President created the Task Force to Protect Students From Sexual Assault to turn this tide. 

As the name of our new website – NotAlone.gov – indicates, we are here to tell sexual assault 

survivors that they are not alone. And we’re also here to help schools live up to their obligation 

to protect students from sexual violence.

Over the last three months, we have had a national conversation with thousands of people who 

care about this issue. Today, we offer our first set of action steps and recommendations.

1. Identifying the Problem: Campus Climate Surveys

The first step in solving a problem is to name it and know the extent of it – and a campus climate 

survey is the best way to do that. We are providing schools with a toolkit to conduct a survey –

and we urge schools to show they’re serious about the problem by conducting the survey next 

year. The Justice Department, too, will partner with Rutgers University’s Center on Violence 

Against Women and Children to pilot, evaluate and further refine the survey – and at the end of 

this trial period, we will explore legislative or administrative options to require schools to 

conduct a survey in 2016.

2. Preventing Sexual Assault – and Engaging Men

Prevention programs can change attitudes, behavior – and the culture. In addition to identifying 

a number of promising prevention strategies that schools can undertake now, we are also 

researching new ideas and solutions. But one thing we know for sure: we need to engage men as 

allies in this cause. Most men are not perpetrators – and when we empower men to step in when 

someone’s in trouble, they become an important part of the solution. 

As the President and Vice President’s new Public Service Announcement puts it: if she doesn’t 

consent – or can’t consent – it’s a crime. And if you see it happening, help her, don’t blame her, 

speak up. We are also providing schools with links and information about how they can 

implement their own bystander intervention programs on campus.

3. Effectively Responding When a Student Is Sexually Assaulted

When one of its students is sexually assaulted, a school needs to have all the pieces of a plan in 

place. And that should include:

Someone a survivor can talk to in confidence 

While many victims of sexual assault are ready to file a formal (or even public) complaint 

against an alleged offender right away – many others want time and privacy to sort through their 

next steps. For some, having a confidential place to go can mean the difference between getting 

help and staying silent. 
3

Today, we are providing schools with a model reporting and confidentiality protocol – which, at 

its heart, aims to give survivors more control over the process. Victims who want their school to

fully investigate an incident must be taken seriously – and know where to report. But for those 

who aren’t quite ready, they need to have – and know about – places to go for confidential 

advice and support. 

That means a school should make it clear, up front, who on campus can maintain a victim’s 

confidence and who can’t – so a victim can make an informed decision about where best to turn. 

A school’s policy should also explain when it may need to override a confidentiality request (and 

pursue an alleged perpetrator) in order to help provide a safe campus for everyone. Our sample 

policy provides recommendations for how a school can strike that often difficult balance, while 

also being ever mindful of a survivor’s well-being.

New guidance from the Department of Education also makes clear that on-campus counselors 

and advocates – like those who work or volunteer in sexual assault centers, victim advocacy 

offices, women’s and health centers, as well as licensed and pastoral counselors – can talk to a 

survivor in confidence. In recent years, some schools have indicated that some of these 

counselors and advocates cannot maintain confidentiality. This new guidance clarifies that they 

can.

A comprehensive sexual misconduct policy 

We are also providing a checklist for schools to use in drafting (or reevaluating) their own sexual 

misconduct policies. Although every school will need to tailor a policy to its own needs and 

circumstances, all schools should be sure to bring the key stakeholders – including students – to 

the table. Among other things, this checklist includes ideas a school could consider in deciding 

what is – or is not – consent to sexual activity. As we heard from many students, this can often 

be the essence of the matter – and a school community should work together to come up with a 

careful and considered understanding.

Trauma-informed training for school officials 

Sexual assault is a unique crime: unlike other crimes, victims often blame themselves; the 

associated trauma can leave their memories fragmented; and insensitive or judgmental questions 

can compound a victim’s distress. Starting this year, the Justice Department, through both its 

Center for Campus Public Safety and its Office on Violence Against Women, will develop 

trauma-informed training programs for school officials and campus and local law enforcement. 

The Department of Education’s National Center on Safe and Supportive Learning Environments 

will do the same for campus health centers. This kind of training has multiple benefits: when 

survivors are treated with care and wisdom, they start trusting the system, and the strength of 

their accounts can better hold offenders accountable.

Better school disciplinary systems 

Many sexual assault survivors are wary of their school’s adjudication process – which can 

sometimes subject them to harsh and hurtful questioning (like about their prior sexual history) by

students or staff unschooled in the dynamics of these crimes. Some schools are experimenting 

with new models – like having a single, trained investigator do the lion’s share of the factfinding – with very positive results. We need to learn more about these promising new ideas. 

And so starting this year, the Justice Department will begin assessing different models for 
4

investigating and adjudicating campus sexual assault cases with an eye toward identifying best 

practices.

The Department of Education’s new guidance also urges some important improvements to many 

schools’ current disciplinary processes: questions about the survivor’s sexual history with 

anyone other than the alleged perpetrator should not be permitted; adjudicators should know that 

the mere fact of a previous consensual sexual relationship does not itself imply consent or 

preclude a finding of sexual violence; and the parties should not be allowed to personally crossexamine each other. 

Partnerships with the community 

Because students can be sexually assaulted at all hours of the day or night, emergency services 

should be available 24 hours a day, too. Other types of support can also be crucial – like longerterm therapies and advocates who can accompany survivors to medical and legal appointments. 

Many schools cannot themselves provide all these services, but in partnership with a local rape 

crisis center, they can. So, too, when both the college and the local police are simultaneously 

investigating a case (a criminal investigation does not relieve a school of its duty to itself 

investigate and respond), coordination can be crucial. So we are providing schools with a 

sample agreement they can use to partner with their local rape crisis center – and by June, we 

will provide a similar sample for forging a partnership with local law enforcement.

4. Increasing Transparency and Improving Enforcement

More transparency and information

The government is committed to making our enforcement efforts more transparent – and getting 

students and schools more resources to help bring an end to this violence. As part of this effort, 

we will post enforcement data on our new website – NotAlone.gov – and give students a 

roadmap for filing a complaint if they think their school has not lived up to its obligations. 

Among many other things on the website, sexual assault survivors can also locate an array of 

services by typing in their zip codes, learn about their legal rights, see which colleges have had 

enforcement actions taken against them, get “plain English” definitions of some complicated 

legal terms and concepts; and find their states’ privacy laws. Schools and advocates can access 

federal guidance, learn about relevant legislation, and review the best available evidence and 

research. We invite everyone to take a look.

Improved Enforcement

Today, the Department of Education’s Office for Civil Rights (OCR) is releasing a 52-point 

guidance document that answers many frequently asked questions about a student’s rights, and a 

school’s obligations, under Title IX. Among many other topics, the new guidance clarifies that 

Title IX protects all students, regardless of their sexual orientation or gender identity, 

immigration status, or whether they have a disability. It also makes clear that students who 

report sexual violence have a right to expect their school to take steps to protect and support 

them, including while a school investigation is pending. The guidance also clarifies that recent 

amendments to the Clery Act do not alter a school’s responsibility under Title IX to respond to 

and prevent sexual violence. 
5

OCR is also strengthening its enforcement procedures in a number of ways – by, for example, 

instituting time limits on negotiating voluntary resolution agreements and making clear that 

schools should provide survivors with interim relief (like changing housing or class schedules) 

pending the outcome of an OCR investigation. And OCR will be more visible on campus during 

its investigations, so students can help give OCR a fuller picture about what’s happening and 

how a school is responding.

The Departments of Education and Justice, which both enforce Title IX, have entered into an 

agreement to better coordinate their efforts – as have the two offices within the Department of 

Education charged with enforcing Title IX and the Clery Act.

Next Steps

This report is the first step in the Task Force’s work. We will continue to work toward solutions, 

clarity, and better coordination. We will also review the various laws and regulations that 

address sexual violence for possible regulatory or statutory improvements, and seek new 

resources to enhance enforcement. Also, campus law enforcement officials have special 

expertise to offer – and they should be tapped to play a more central role. We will also consider 

how our recommendations apply to public elementary and secondary schools – and what more 

we can do to help there.

* * *

The Task Force thanks everyone who has offered their wisdom, stories, expertise, and 

experiences over the past 90 days. Although the problem is daunting and much of what we heard 

was heartbreaking, we are more committed than ever to helping bring an end to this violence. 
6

Introduction

For too many of our nation’s young people, college doesn’t turn out the way it’s supposed to. 

One in five women is sexually assaulted while in college.

1

 Most often, it happens her freshman 

or sophomore year.2 In the great majority of cases (75-80%), she knows her attacker, whether as 

an acquaintance, classmate, friend or (ex)boyfriend.3 Many are survivors of what’s called 

“incapacitated assault”: they are sexually abused while drugged, drunk, passed out, or otherwise 

incapacitated.4 And although fewer and harder to gauge, college men, too, are victimized.

5

The Administration is committed to turning this tide. 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. Today, we are taking a series of initial steps to:

1. Identify the scope of the problem on college campuses;

2. Help prevent campus sexual assault;

3. Help schools respond effectively when a student is assaulted; and

4. Improve, and make more transparent, the federal government’s 

 enforcement efforts.

As the Task Force recognized at the outset, campus sexual assault is a complicated, multidimensional problem with no easy or quick solutions. These initial recommendations do not 

purport to find or even identify all of them. Our work is not over.6

 

1

 Krebs, C.P., Lindquist, C.H., Warner, T.D., Fisher, B.S., & Martin, S.L. (2007). The Campus Sexual Assault 

(CSA) Study. Washington, DC: National Institute of Justice, U.S. Department of Justice.; Krebs, C.P., Lindquist, 

C.H., Warner, T.D., Fisher, B.S., & Martin, S.L. (2009). College Women’s Experiences with Physically Forced, 

Alcohol- or Other Drug-Enabled, and Drug-Facilitated Sexual Assault Before and Since Entering College. Journal 

of American College Health, 57(6), 639-647.

2

 Krebs et al., The Campus Sexual Assault (CSA) Study.

3

 Ibid.

4

 Ibid.; see also Kilpatrick, D.G., Resnick, H.S., Ruggiero, K.J., Conoscenti, L.M., & McCauley, J. (2007). Drug 

Facilitated, Incapacitated, and Forcible Rape: A National Study. Charleston, SC: Medical University of South 

Carolina, National Crime Victims Research & Treatment Center.

5

 The CSA Study found that 6.1% of college males were victims of ether attempted or completed sexual assault. 

Although many advocates prefer to use the term “survivor” to describe an individual who has been sexually 

assaulted, the term “victim” is also widely used. This document uses the terms interchangeably and always with 

respect for those who have been subjected to these crimes.

6

 This first Task Force report focuses on sexual assault at postsecondary institutions – such as colleges, 

universities, community colleges, graduate and professional schools, and trade schools – that receive federal 

financial assistance. Thus, our use of the term “schools” refers to these postsecondary institutions.
7

Our First Task: Listening

Many people are committed to solving this problem. To hear as many of their views as possible,

the Task Force held 27 listening sessions (12 webinars and 15 in-person meetings) with 

stakeholders from across the country: we heard from survivors; student activists; faculty, staff 

and administrators from schools of all types; parents; alumni; national survivors’ rights and 

education associations; local and campus-based service providers and advocates; law 

enforcement; civil rights activists; school general counsels; men’s and women’s groups; Greek 

organizations; athletes; and researchers and academics in the field. Thousands of people joined 

the conversation. 

Not surprisingly, no one idea carried the day. But certain common themes did emerge. Many

schools are making important strides and are searching in earnest for solutions. A new 

generation of student activists is effectively pressing for change, asking hard questions, and 

coming up with innovative ways to make our campuses safer.

Even so, many problems loom large. Prevention and education programs vary widely, with 

many doing neither well. And in all too many instances, survivors of sexual violence are not at 

the heart of an institution’s response: they often do not have a safe, confidential place to turn 

after an assault, they haven’t been told how the system works, and they often believe it is

working against them. We heard from many who reached out for help or action, but were told 

they should just put the matter behind them. 

Schools, for their part, are looking for guidance on their legal obligations and best practices to 

keep students safe. Many participants called on the federal government to improve and better 

coordinate our enforcement efforts, and to be more transparent. And there was another constant 

refrain: get men involved. Most men are not perpetrators – and when we empower men to speak 

up and intervene when someone’s in trouble, they become an important part of the solution.

I. How Best to Identify the Problem: Campus 

Climate Surveys

When then-Senator Joe Biden wrote the Violence Against Women Act 20 years ago, he 

recognized a basic truth: no problem can be solved unless we name it and know the extent of it. 

That is especially true when it comes to campus sexual assault, which is chronically 

underreported: only 2% of incapacitated sexual assault survivors, and 13% of forcible rape 

survivors, report the crime to campus or local law enforcement.7

The reasons for non-reporting (whether to a school or to law enforcement) vary. Many survivors 

of acquaintance rape don’t call what happened to them rape and often blame themselves. One 

report found that 40% of college survivors feared reprisal by the perpetrator.8 Survivors also cite 

 

7

 Krebs et al., The Campus Sexual Assault (CSA) Study.

8

 Sampson, Rana (2002). Acquaintance Rape of College Students; Washington, DC: Office of Community 

Oriented Policing Services, U.S. Department of Justice.
8

fear of treatment by authorities, not knowing how to report, lack of independent proof, and not 

wanting families or other students to find out what happened.9 Still others don’t report because 

they don’t want to participate in a formal college adjudication process.

10

For colleges and universities, breaking the cycle of violence poses a unique challenge. When a 

school tries to tackle the problem – by acknowledging it, drawing attention to it, and encouraging 

survivors to report – it can start to look like a dangerous place. On the flip side, when a school 

ignores the problem or discourages reporting (either actively or by treating survivors without 

care), it can look safer. Add to this the competition for top students or a coveted spot on a 

college rankings list – and a school might think it can outshine its neighbor by keeping its 

problem in the shadows.

We have to change that dynamic. 

Schools have to get credit for being honest – and for finding out what’s really happening on 

campus. Reports to authorities, as we know, don’t provide a fair measure of the problem. But a

campus climate survey can. When done right, these surveys can gauge the prevalence of sexual 

assault on campus, test students’ attitudes and awareness about the issue, and provide schools 

with an invaluable tool for crafting solutions. And so:

 We are providing schools with a new toolkit for developing and conducting a 

climate survey. This guide explains the methods for conducting an effective survey –

and contains a set of evidence-based sample questions to get at the answers.

 

 We call on colleges and universities to voluntarily conduct the survey next year. 

Again, a school that is willing to get an accurate assessment of sexual assault on its 

campus is one that’s taking the problem – and the solution – seriously. Researchers 

recommend that schools conduct the survey in the winter or spring semesters, rather than 

when students first arrive on campus in the fall. 

Rutgers University, with its leading research institute on violence against women,

11 will 

pilot and evaluate the survey. Also, the Justice Department’s Office on Violence Against 

Women will work with its campus grantees to conduct the survey and evaluate it. And 

the Bureau of Justice Statistics will further refine the survey methodology. 

What we learn from these pilots, evaluations, and schools’ experiences will chart the path 

forward for everyone – and will culminate in a survey for all to use.

 We will explore legislative or administrative options to require colleges and 

universities to conduct an evidence-based survey in 2016. A mandate for schools to 

periodically conduct a climate survey will change the national dynamic: with a better 

picture of what’s really happening on campus, schools will be able to more effectively 

tackle the problem and measure the success of their efforts.

 

9

 Krebs et al., The Campus Sexual Assault (CSA) Study.

10

 Ibid. 

11

 The Center on Violence Against Women & Children at the School of Social Work.
9

II. Preventing Sexual Assault on Campus

Participants in our listening sessions roundly urged the Task Force to make prevention a top 

priority. Some even suggested that if prevention and education efforts don’t start earlier, it’s too 

late by the time students get to college. While we certainly agree that this work should begin 

early, the college years, too, are formative. During this transition to adulthood, attitudes and 

behaviors are created or reinforced by peer groups. And students look to coaches, professors, 

administrators, and other campus leaders to set the tone. If we get this right, today’s students 

will leave college knowing that sexual assault is simply unacceptable. And that, in itself, can 

create a sea change.

Federal law now requires schools to provide sexual assault prevention and awareness 

programs.12 To help colleges and universities in this endeavor, we are providing schools with 

new guidance and tools.

 Best practices for better prevention. The Centers for Disease Control and Prevention 

(CDC) conducted a systematic review of primary prevention strategies for reducing 

sexual violence, and is releasing an advance summary of its findings. CDC’s review

summarizes some of the best available research in the area, and highlights evidencebased prevention strategies that work, some that are promising, and – importantly – those 

that don’t work. The report points to steps colleges can take now to prevent sexual 

assault on their campuses. 

Among other things, CDC’s review shows that effective programs are those that are 

sustained (not brief, one-shot educational programs), comprehensive, and address the root 

individual, relational and societal causes of sexual assault. It also includes a listing of 

prevention programs being used by colleges and universities across the country, so 

schools can better compare notes about effective and encouraging approaches.

13

 

 Getting everyone to step in: bystander intervention. Among the most promising 

prevention strategies – and one we heard a lot about in our listening sessions – is 

bystander intervention. Social norms research reveals that men often misperceive what 

other men think about this issue: they overestimate their peers’ acceptance of sexual 

assault and underestimate other men’s willingness to intervene when a woman is in 

trouble.14 And when men think their peers don’t object to abusive behavior, they are 

 

12

 See 20 U.S.C. § 1092(f) (The Jeanne Clery Disclosure of Campus Security and Campus Crimes Statistics Act, 

commonly known as the Clery Act). The Department of Education is currently engaged in negotiated rule-making to 

implement the VAWA 2013 amendments to the Clery Act that require schools to provide education and awareness 

programs and to improve their campus security policies. Rule-making is scheduled to be completed in 2015, but 

schools are expected to make a good faith effort now to meet the new requirements.

13

 For a concise and complementary factsheet on prevention strategies, see http://notalone.gov/assets/preventionoverview.pdf.

14

 Berkowitz, A.D. (2010) “Fostering Healthy Norms to Prevent Violence and Abuse: The Social Norms 

Approach.” Accessed from: 

http://www.alanberkowitz.com/articles/Preventing%20Sexual%20Violence%20Chapter%20-%20Revision.pdf
10

much less likely to step in and help. Programs like Bringing in the Bystander15 work to 

change those perspectives – and teach men (and women) to speak out against rape myths 

(e.g., women who drink at parties are “asking for it”) and to intervene if someone is at 

risk of being assaulted.

 

o To help enlist men as allies, we are releasing a Public Service Announcement

featuring President Obama, Vice President Biden, and celebrity actors. The 

message of the PSA is simple: if she doesn’t consent – or can’t consent – it’s a 

crime. And if you see it happening, help her, don’t blame her, speak up. We 

particularly urge men’s groups, Greek organizations, coaches, alumni 

associations, school officials and other leaders to use the PSA to start campus

conversations about sexual assault.

o To help keep these conversations going, we are providing a basic factsheet on

bystander intervention. In addition to the CDC summary, this document 

identifies the messages and skills that effective programs impart, describes the 

various ways to get the word out (in-person workshops, social marketing

campaigns, online training, interactive theater) and provides links to some of the 

more promising programs out there.

 

 Developing new prevention strategies. More research is needed to develop and 

evaluate evidence-based programming to prevent sexual violence on campus. And so:

o In Fall 2014, the CDC, in collaboration with the Justice Department’s Office on

Violence Against Women and the Department of Education, will convene a panel 

of experts to identify emerging, promising practices to prevent sexual assault on 

campus. CDC will then convene pilot teams to put the consensus 

recommendations into practice.

o The Justice Department’s Office on Violence Against Women (OVW) is 

developing a multi-year initiative on campus sexual assault which, among other 

things, will test and evaluate prevention programs used by its campus grantees. 

Grantees will work with OVW and technical assistance experts to meet core 

standards and evaluate the results. The next group of campus grantees will be 

selected by October 2014.

o In 2015, the CDC will solicit proposals to identify, and fill, gaps in the research 

on sexual violence prevention.

 

15

 Banyard, V. L., Moynihan, M. M., & Plante, E. G. (2007). Sexual violence prevention through bystander 

education: An experimental evaluation. Journal of Community Psychology, 35, 463-481
11

III. Responding Effectively When a Student is 

Sexually Assaulted

Sexual assault is a crime – and while some survivors turn to the criminal justice system, others 

look to their schools for help or recourse. Under federal law, when a school knows or reasonably 

should know that one of its students has been sexually assaulted, it is obligated to act. These two 

systems serve different (though often overlapping) goals. The principal aim of the criminal 

system is to adjudicate a defendant’s guilt and serve justice. A school’s responsibility is broader: 

it is charged with providing a safe learning environment for all its students – and to give 

survivors the help they need to reclaim their educations. And that can mean a number of things –

from giving a victim a confidential place to turn for advice and support, to effectively 

investigating and finding out what happened, to sanctioning the perpetrator, to doing everything 

we can to help a survivor recover. The Task Force is taking the following steps: 

Giving Survivors More Control: Reporting and Confidentially 

Disclosing What Happened

Sexual assault survivors respond in different ways. Some are ready to make a formal complaint 

right away, and want their school to move swiftly to hold the perpetrator accountable.

Others, however, aren’t so sure. Sexual assault can leave victims feeling powerless – and they

need support from the beginning to regain a sense of control. Some, at least at first, don’t want 

their assailant (or the assailant’s friends, classmates, teammates or club members) to know 

they’ve reported what happened. But they do want someone on campus to talk to – and many 

want to talk in confidence, so they can sort through their options at their own pace. If victims

don’t have a confidential place to go, or think a school will launch a full-scale investigation 

against their wishes, many will stay silent.

In recent years, some schools have directed nearly all their employees (including those who 

typically offer confidential services, like rape crisis and women’s centers) to report all the details 

of an incident to school officials – which can mean that a survivor quickly loses control over 

what happens next. That practice, however well-intentioned, leaves survivors with fewer places 

to turn.

This is, by far, the problem we heard most about in our listening sessions. To help solve it:

 Schools should identify trained, confidential victim advocates who can provide 

emergency and ongoing support. This is a key “best practice.” The person a victim 

talks to first is often the most important. This person should understand the dynamics of 

sexual assault and the unique toll it can take on self-blaming or traumatized victims. The 

advocate should also be able to help get a victim needed resources and accommodations, 

explain how the school’s grievance and disciplinary system works, and help navigate the 

process. As many advocates have learned over the years, after survivors receive initial, 

confidential support, they often decide to proceed with a formal complaint or cooperate in 

an investigation.
12

 We are also providing schools with a sample reporting and confidentiality protocol.

A school, of course, must make any policy its own – but a few guiding principles should 

universally apply. As noted, some sexual assault survivors are ready to press forward 

with a formal (or even public) complaint, while others need time and privacy to heal. 

There is no one-size-fits-all model of victim care. Instead, there must be options.

That means, at a minimum, that schools should make it clear, up front, who on campus 

will (or will not) share what information with whom. And a school’s policy should also 

explain when it may need to override a request for confidentiality (and pursue an alleged 

perpetrator) in order to provide a safe campus for everyone. The watchword here is 

clarity: both confidential resources and formal reporting options should be well and 

widely publicized – so a victim can make an informed decision about where best to turn.

And in all cases, the school must respond. When a student wants the school to take 

action against an offender – or to change dorms or working arrangements – the school 

must take the allegation seriously, and not dissuade a report or otherwise keep the 

survivor’s story under wraps. Where a survivor does not seek a full investigation, but 

just wants help to move on, the school needs to respond there, too. And because a school 

has a continuing obligation to address sexual violence campus-wide, it should always 

think about broader remedial action – like increasing education and prevention efforts 

(including to targeted groups), boosting security and surveillance at places where students 

have been sexually assaulted, and/or revisiting its policies and practices.

Developing a Comprehensive Sexual Misconduct Policy

Every college and university should have an easily accessible, user-friendly sexual misconduct

policy. As the Task Force recognizes, there is no one approach that suits every school – but as 

we also learned, many schools don’t have adequate policies. To help:

 We are providing schools with a checklist for a sexual misconduct policy. This 

checklist provides both a suggested process for developing a policy, as well as the key 

elements a school should consider in drafting one. Importantly, schools should bring all 

the key stakeholders to the table – including students, survivors, campus security, law 

enforcement, resident advisors, student groups (including LGBTQ groups), on-campus 

advocates, and local victim service providers. Effective policies will vary in scope and 

detail, but an inclusive process is common to all.

We have not endeavored with this checklist to provide schools with all the answers: 

again, depending on its size, mission, student body, location, administrative structure and 

experience, a school community needs to tailor the checklist and make the policy its own. 

 By September 2014, the Task Force will provide samples of promising policy 

language on several other key issues. While all schools are different, we have identified 

several challenging areas (in addition to confidentiality) where sample language could be 

helpful. These include definitions of various forms of sexual misconduct; the role of the 
13

Title IX coordinator (recognizing that there may be various appropriate models for 

different schools); and the proper immediate, interim and long-term measures a school 

should take on behalf of survivors, whether or not they seek a full investigation. 

Training for School Officials 

Sexual assault can be hard to understand. Some common victim responses (like not physically 

resisting or yelling for help) may seem counter-intuitive to those unfamiliar with sexual 

victimization. New research has also found that the trauma associated with rape or sexual assault

can interfere with parts of the brain that control memory – and, as a result, a victim may have 

impaired verbal skills, short term memory loss, memory fragmentation, and delayed recall.16 

This can make understanding what happened challenging.

Personal biases also come into play. Insensitive or judgmental comments – or questions that 

focus on a victim’s behavior (e.g., what she was wearing, her prior sexual history) rather than on 

the alleged perpetrator’s – can compound a victim’s distress. 

Specialized training, thus, is crucial. School officials and investigators need to understand how 

sexual assault occurs, how it’s perpetrated, and how victims might naturally respond both during 

and after an assault. To help:

 By September 2014, the Justice Department’s Center for Campus Public Safety will 

develop a training program for campus officials involved in investigating and 

adjudicating sexual assault cases. The Clery Act requires these officials to receive

annual training on sexual assault (and also on domestic violence, dating violence and 

stalking). The Center will develop a trauma-informed training program consistent with 

the new requirements. 

 By June 2014, the Justice Department’s Office on Violence Against Women will 

launch a comprehensive online technical assistance project for campus officials. 

Key topics will include victim services, coordinated community responses, alcohol and 

drug-facilitated sexual assaults, and Clery Act compliance. Webinars and materials will

include the latest research, promising practices, training opportunities, policy updates, 

prevention programming, and recent publications. The project will feature strategies and

training materials for campus and local law enforcement. 

 By December 2014, the Department of Education, through the National Center on 

Safe and Supportive Learning Environments, will develop trauma-informed 

training materials for campus health center staff. Often, campus health centers are 

the first responders for victims of sexual assault. Services will vary according to the 

 

16

 Bremner, J.D., Elzinga, B., Schmahl, C., & Vermetten, E. (2008). Structural and functional plasticity of the 

human brain in posttraumatic stress disorder. Progress in Brain Research. 167(1), 171-186; Nixon, R. D., Nishith, 

P., & Resick, P. A. (2004). The Accumulative Effect of Trauma Exposure on Short-Term and Delayed Verbal 

Memory in a Treatment-Seeking Sample of Female Rape Victims. Journal of Traumatic Stress, 17(1), 31-35.
14

school’s resources, but all staff should be trained on trauma-informed care – and these 

materials will help. 

New Investigative and Adjudicative Protocols: Better Holding 

Offenders Accountable

 

Separate and apart from training, we also need to know more about what investigative and 

adjudicative systems work best on campus: that is, who should gather the evidence; who should 

make the determination whether a sexual assault occurred; who should decide the sanction; and 

what an appeals process, if the school has one, should look like. 

Schools are experimenting with new ideas. Some are adopting different variations on the “single 

investigator” model, where a trained investigator or investigators interview the complainant and 

alleged perpetrator, gather any physical evidence, interview available witnesses – and then either 

render a finding, present a recommendation, or even work out an acceptance-of-responsibility

agreement with the offender. These models stand in contrast to the more traditional system, 

where a college hearing or judicial board hears a case (sometimes tracking the adversarial, 

evidence-gathering criminal justice model), makes a finding, and decides the sanction. 

Preliminary reports from the field suggest that these innovative models, in which college judicial 

boards play a much more limited role, encourage reporting and bolster trust in the process, while 

at the same time safeguarding an alleged perpetrator’s right to notice and to be heard. To 

evaluate these ideas:

 By October 2014, the Justice Department’s Office on Violence Against Women and 

National Institute of Justice will begin assessing models for investigating and 

adjudicating campus sexual assault cases, and identify promising practices. OVW 

will also further test and evaluate these models through its campus grantees – which will 

be selected by October 2014. 

 On April 29, 2014, the Justice Department’s SMART Office will release a 

solicitation for a pilot sex offender treatment program targeting college 

perpetrators. Research suggests that treatment can be effective in reducing recidivism

among offenders, yet no programs currently exist for the college population. Regardless 

of campus-imposed sanctions, we need to help reduce the risk that young perpetrators 

will offend again. This first-of-its kind pilot project holds out new hope for reducing 

sexual violence on campuses.

Providing Comprehensive Support: Partnering with the Community

Rape Crisis Centers. Sexual assault survivors often need a variety of services, both immediate 

and long-term, to help them regain a sense of control and safety. While some schools may be 

able to provide comprehensive trauma-informed services on campus, others may need to partner 

with community-based organizations. 
15

Regardless of where they are provided, certain key elements should be part of a comprehensive 

victim-services plan. Because students can be assaulted at all hours of the day or night, crisis 

intervention services should be available 24 hours a day, too. Survivors also need advocates who 

can accompany them to medical and legal appointments. And because, for some survivors, the 

road to recovery is neither short nor easy, longer-term clinical therapies can be crucial. 

Rape crisis centers can help schools better serve their students. These centers often provide 

crisis intervention, 24-hour services, longer-term therapy, support groups, accompaniment to 

appointments, and community education. Rape crisis centers can also help schools train students 

and employees and assist in developing prevention programs. And so:

 To help schools build these partnerships, we are providing a sample Memorandum 

of Understanding (MOU) with a local rape crisis center. Schools can adapt this MOU 

depending on their specific needs and the capacity of a local center. 

 To help schools develop or strengthen on-campus programs, we are also providing a 

summary of promising practices in victim services. This guide reviews the existing 

research on sexual assault services and outlines the elements of an effective victim 

services program. 

 To assist Tribal Colleges and Universities (TCUs) with victim services, the Justice 

Department’s Office on Violence Against Women will continue to prioritize TCUs in 

its campus grant program solicitations. OVW is working to raise awareness of 

funding opportunities by engaging with leading tribal organizations and partnering with 

the White House Initiative on American Indian and Alaska Native Education. OVW will 

also work with tribal domestic violence and sexual assault coalitions to provide TCUs 

with technical assistance on victim services.

Local Law Enforcement. At first blush, many may ask why all cases of sexual assault are not 

referred to the local prosecutor for criminal prosecution. Some, of course, are – but for many 

survivors, the criminal process simply does not provide the services and assistance they need to 

get on with their lives or to get their educations back on track. There are times, however, when 

the local police and a school may be simultaneously pursuing a case. A criminal investigation 

does not relieve a school of its independent obligation to conduct its own investigation – nor may 

a school wait for a criminal case to conclude to proceed. Cooperation in these situations, thus, is 

critical. So:

 By June 2014, we will provide schools with a sample Memorandum of 

Understanding (MOU) with local law enforcement. An MOU can help open lines of 

communication and increase coordination among campus security, local law enforcement

and other community groups that provide victim services. An MOU can also improve 

security on and around campus, make investigations and prosecutions more efficient, and 

increase officers’ understanding of the unique needs of sexual assault victims. 
16

Developing a Research Collaborative: Enlisting School Researchers to 

Find New Solutions 

Many schools have research institutes that can measurably improve our thinking about sexual 

assault. Schools are uniquely suited to identify gaps in the research and develop methods to 

address them. To lead by example, three universities have committed to developing research 

projects that will better inform their response to the problem and contribute to the national body 

of work on campus sexual assault:

 The Johns Hopkins University School of Nursing will study sexual assault among student 

intimate partners, including LGBTQ relationships. 

 The University of Texas at Austin School of Social Work will develop and evaluate 

training for campus law enforcement and examine the effectiveness of Sexual Assault 

Response Teams.

 The University of New Hampshire Prevention Innovations Center will design and 

evaluate a training program for incoming students on sexual assault policies and 

expectations for student conduct.

We invite others to join this collaborative – and to add their own research brains and resources 

toward finding solutions.

IV. Improving the Federal Government’s 

Enforcement Efforts, and Making Them More 

Transparent

The federal government plays an important role in combatting sexual violence. And as we 

outlined in our recent report, “Rape and Sexual Assault: A Renewed Call to Action,” this 

Administration has taken aggressive action on many fronts.

We need to build on these efforts. To better address sexual assault at our nation’s schools, we 

need to both strengthen our enforcement efforts and increase coordination among responsible 

federal agencies. Also, and importantly, we need to improve our communication with students, 

parents, school administrators, faculty, and the public, by making our efforts more transparent.

Some Background on the Laws

Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., requires schools that 

receive federal financial assistance to take necessary steps to prevent sexual assault on their 

campuses, and to respond promptly and effectively when an assault is reported. Title IV of the 

1964 Civil Rights Act, 42 U.S.C. § 2000c et seq., also requires public schools to respond to 

sexual assaults committed against their students. The Clery Act requires colleges and 
17

universities that participate in federal financial aid programs to report annual statistics on crime, 

including sexual assault and rape, on or near their campuses, and to develop and disseminate 

prevention policies.17

The Department of Education’s Office for Civil Rights (OCR) is charged with administrative 

enforcement of Title IX in schools receiving financial assistance from the Department. OCR 

may initiate an investigation either proactively or in response to a formal complaint. If OCR 

finds a Title IX violation, the school risks losing federal funds. In these cases, OCR must first 

seek to voluntarily resolve the non-compliance before terminating funds. Through this voluntary 

resolution process, OCR has entered into agreements that require schools to take a number of 

comprehensive steps to remedy the problem on their campuses.

The Department of Education’s Federal Student Aid (FSA) office is responsible for enforcing the 

Clery Act, and conducts on-site reviews to ensure compliance. If a school is found to have 

violated Clery, FSA directs it to take steps to comply and can impose fines for violations. 

The Justice Department (DOJ) is responsible for coordinating enforcement of Title IX across all 

federal agencies. DOJ shares authority with OCR for enforcing Title IX, and may initiate an

investigation or compliance review of schools receiving DOJ financial assistance. If schools are 

found to violate Title IX and a voluntary resolution cannot be reached, DOJ can initiate 

litigation, including upon referral from other federal agencies, or seek to terminate DOJ funds. 

DOJ is also responsible for enforcing Title IV. DOJ can use its authority under Title IV, Title 

IX, and other federal civil rights statutes to bring all facets of a school, including its campus 

police, and local police departments into compliance with the law. DOJ can also intervene, file 

amicus briefs, and/or file statements of interest in court cases involving these statutes. 

 

Improving Transparency and Information-sharing

The Administration is committed to making our enforcement efforts more transparent, and 

getting schools and students more resources. And so:

 The Task Force is launching a dedicated website – NotAlone.gov – to make 

enforcement data public and to make other resources accessible to students and 

schools. Although many tools and resources exist, students and schools often haven’t 

been able to access them – either because the materials haven’t been widely available or 

because they are too hard to find. Today, we are changing that. 

Our new website will give students a clear explanation of their rights under Title IX and 

Title IV, along with a simple description of how to file a complaint with OCR and DOJ 

and what they should expect throughout the process. It will help students wade through 

often complicated legal definitions and concepts, and point them toward people who can 

give them confidential advice – and those who can’t. 

 

17

 Other laws also authorize the Justice Department to investigate campus sexual assaults and help campus police 

as well as local, tribal and state law enforcement adopt comprehensive policies and practices to address the problem. 

These include the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141; and the Omnibus 

Crime Control and Safe Streets Act of 1968, 42 U.S.C. § 3789d.
18

The website will also put in one central place OCR resolution letters and agreements 

(except those that raise individual privacy concerns), and all DOJ federal court filings, 

including complaints, motions, and briefs, consent decrees, and out-of-court agreements

(which are also available on DOJ’s website). These documents will be posted as a matter 

of course, so students, school officials, and other stakeholders can easily access the most 

current agreements. 

The website will also contain the relevant guidance on a school’s federal obligations, best 

available evidence and research on prevention programs, and sample policies and model 

agreements.

Finally, the website will have trustworthy resources from outside the government – like 

hotline numbers and mental health services locatable by simply typing in a zip code. It 

will also have a list of resources broken down by issue – like advocacy/survivor services, 

student groups, or LGBTQ resources – so someone can find more issue-specific 

information.

 The Task Force will continue to work with developers and advocates to find ways 

that tech innovations can help end the violence. On April 11, more than 60 innovators, 

technologists, students, policy experts, and survivors of sexual assault gathered at the 

White House for a “Data Jam” to brainstorm new ways to use technology to shed light on 

campus sexual assault and better support survivors. 

 Federal agencies are making datasets relevant to sexual assault readily available. In 

keeping with the Administration’s open data pledge, federal agencies, including the 

Departments of Education, Justice, Interior, and Health & Human Services have made 

public more than 100 datasets related to sexual assault and higher education. These 

datasets include survey results related to sexual violence, program evaluations, and 

guidance documents. This data is posted on data.gov.

 The Department of Education is taking additional steps to make its activities more 

transparent. As noted, OCR is posting nearly all recent resolution letters and 

agreements with schools on its website. OCR will also make public the schools that are 

under OCR investigation, including those that involve Title IX sexual violence 

allegations. This information will be made available by contacting the Department of 

Education.

 The Department of Education will collect and disseminate a list of Title IX 

coordinators by next year. Every school must designate at least one employee to 

coordinate its efforts to carry out its Title IX responsibilities. Although schools must 

notify students of the name and contact information of the Title IX coordinator, there is 

no central, national repository of coordinator contact information. The Department of 

Education’s Office of Postsecondary Education and OCR will collect and disseminate 

the list of higher education Title IX coordinators annually so anyone can easily locate a 

coordinator. This information will also encourage coordinators to talk to each other and 

share positive practices to Title IX compliance.
19

Improving Our Enforcement Efforts

The Administration is also committed to improving, and better coordinating, our enforcement 

efforts. And so: 

 The Department of Education is providing more clarity on schools’ obligations 

under Title IX. In April 2011, OCR issued groundbreaking guidance to schools on their 

obligations to prevent and respond to sexual violence under Title IX. Since then, schools 

and students have asked for further guidance and clarity – and, today, OCR is issuing its 

answers to these frequently asked questions.

Among many other topics, this new guidance clarifies that:

o Title IX protects all students, regardless of their sexual orientation or gender 

identity, immigration status, or whether they have a disability;

o non-professional on-campus counselors and advocates – like those who work or 

volunteer in on-campus sexual assault centers, victim advocacy offices, women’s 

centers and health centers – can generally talk to a survivor in confidence;

o questioning or evidence about the survivor’s sexual history with anyone other 

than the alleged perpetrator should not be permitted during a judicial hearing;

o adjudicators should know that the mere fact of a previous consensual dating or

sexual relationship does not itself imply consent or preclude a finding of sexual 

violence; and

o the parties should not be allowed to personally cross-examine each other.

The Q&A also discusses (again, among many other topics) college employees’ reporting 

obligations; the role of the Title IX coordinator; how a school should conduct 

investigations; and Title IX training, education and prevention.

 The Department of Education is strengthening its enforcement procedures. OCR 

has made changes to its enforcement procedures.

18

Among other things, OCR is instituting time limits for negotiating voluntary resolution 

agreements. By law, OCR is required to pursue a voluntary resolution with a school 

before initiating an enforcement action. Although this process is usually much faster than 

litigation, it can also take time and, as a result, be frustrating for survivors who typically 

remain on campus or enrolled in school for a limited time. To help guard against the risk 

that a school may extend negotiations to delay enforcement, OCR is placing a 90-day 

limit on voluntary resolution agreement negotiations where it has found a school in 

violation of Title IX. 

OCR’s procedures also now make explicit that schools should provide survivors with 

interim relief – such as changing housing or class schedules, issuing no-contact orders, or 

providing counseling – pending the outcome of an OCR investigation. OCR will also be

 

18

 See http://www2.ed.gov/about/offices/list/ocr/docs/ocrcpm.html.
20

more visible on campus and reach out to more students and school officials during its 

investigations, in order to get a fuller picture as to whether or not there is a problem on 

campus.

 The Department of Education is also clarifying how key federal laws intersect. In 

addition to Title IX and the Clery Act, the Family Educational Rights and Privacy Act 

(FERPA),

19 which protects the privacy of student education records, can also come into 

play in campus sexual violence investigations. In response to requests for guidance, the 

Department of Education has created a chart outlining a school’s reporting obligations 

under Title IX and the Clery Act, and how each intersects with FERPA. The chart 

shows that although the requirements of Title IX and the Clery Act may differ in some 

ways, they don’t conflict.

 The Departments of Education and Justice have entered into an agreement 

clarifying each agency’s role vis-à-vis Title IX. OCR and the Justice Department’s 

Civil Rights Division (CRT) both enforce Title IX. To increase coordination and 

strengthen enforcement, the agencies have entered into a formal memorandum of 

understanding.20

 The Department of Education offices responsible for Title IX and Clery Act 

enforcement have also entered into an agreement clarifying their respective roles. 

As noted, the Federal Student Aid (FSA) office is responsible for Clery Act compliance, 

whereas OCR enforces Title IX. Sometimes, their efforts overlap. To clarify their roles 

and increase efficiency, FSA and OCR have formalized an agreement to ensure more 

efficient and effective handling of complaints and to facilitate information sharing.

Next Steps

The action steps and recommendations highlighted in this report are the initial phase of an 

ongoing plan. The Task Force is mindful, for instance, of the continuing challenges schools face 

in meeting Title IX and Clery Act requirements. We will continue to work toward solutions, 

clarity, and better coordination. We will also review the various laws and regulations that address 

sexual violence for possible regulatory or statutory improvements, and seek new resources to 

enhance enforcement. Also, campus law enforcement officials have special expertise – and they

should be tapped to play a more central role. We will also consider how our recommendations 

apply to public elementary and secondary schools – and what more we can do to help there.

Our work continues.

 

19

 20 U.S.C. § 1232g; 34 C.F.R. Part 99.

20

 See http://www.justice.gov/crt/about/cor/ED_DOJ_MOU_TitleIX-04-29-2014.pdf.