Violence Against Women Act 2022 Reauthorization

I. PURPOSE & HISTORY

The Violence Against Women Act (VAWA) was originally included as part of the Violent Crime Control and Law Enforcement Act of 1994 that addressed violent crime in the United States. VAWA was reauthorized in 2000, 2005, 2013, and 2022. The 2022 reauthorization added requirements for higher education institutions (Institutions) to administer an “Online Survey Tool for Campus Safety.” These requirements are summarized below.

II. APPLICABILITY TO BYU

The “Online Survey Tool for Campus Safety” requirements apply to each Institution that receives federal educational assistance. BYU must follow these requirements because it receives federal education assistance in the form of federal grants and loans for students.

III. BRIEF SUMMARY OF REQUIREMENTS

The 2022 reauthorization requires the U.S. Secretary of Education (Secretary) to create a standardized survey tool that Institutions must administer to their students to gather information about their experiences with domestic violence, dating violence, sexual assault, sexual harassment, and stalking (VAWA Crimes).

A. Survey Administration

No later than one year after the Secretary makes the survey available, and every two years thereafter, Institutions must administer the survey to their students. “[T]o the maximum extent practicable,” Institutions must ensure that an “adequate, random, and representative sample size of students (as determined by the Secretary) enrolled at the institution complete the survey...”

The 2022 reauthorization requires the Secretary to include survey questions covering a number of topics, including the following:

• the prevalence of VAWA Crimes
• student knowledge of institutional policies and procedures related to VAWA Crimes
• responses to reports of VAWA Crimes, including to whom the incident was reported, whether the victim was informed of campus and community resources, and whether an investigation was conducted
• the use of force, incapacitation, or coercion in connection with a VAWA Crime
• whether the accused individual was a student at the Institution
• whether the victim reported the incident to a law enforcement agency and the reasons for reporting or not reporting the incident
• the impacts of VAWA Crimes on a student’s education, including the effect on grades, dropped classes, leaves of absence, and negative financial consequences
• the effectiveness of prevention and awareness programs and complaints processes
• attitudes toward sexual violence and harassment, including the willingness to intervene as a bystander

Subject to approval by the Secretary, institutions may include additional elements on the survey at no cost.

Institutions must ensure that responses to survey results are submitted confidentially, are not included in crime statistics, and do not include personally identifiable information if used in a report.14

B. Publication of Survey Results

The Secretary will publish a biennial report on the Department of Education’s website that provides “information gained from the standardized elements of the survey,” including “campus-level data for each [I]nstitution and attributed by name of each campus in a manner that permits comparisons across institutions and campuses . . . .” In addition, Institutions must publish the results of the survey on the website of the campuses affiliated with the Institution. These survey results must be readily accessible and usable by individuals, including by those with disabilities.

IV. PENALTIES

No specific penalty is defined in the text of the VAWA Reauthorization; however, all Institutions receiving Federal educational assistance are required to complete the survey making compliance a condition for funding under Title IV of Higher Education Act.

V. COMPLIANCE CALENDAR

• No later than one year after the Secretary of Education makes available the survey mentioned above and for every two years thereafter, Institutions must administer the survey in the way the Secretary specifies.
• Biennially, Institutions must publish the results of the biennial survey to the website of any campuses affiliated with the Institution.

VI. REFERENCES AND RESOURCES

The following table provides information regarding this law and its applicability.