S-A2: Clery Act Responsibilities for Reporting Allegations of Peer-on-Peer Sexual Assaults Committed by Student-Athletes

Abstract

(10 Willamette Sports L.J., no. 1, 2012, at 48). This article analyzes university responsibility for reporting allegations of sexual assault, specifically focusing on the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the “Clery Act,” codified at 20 U.S.C. § 1092(f)). The article briefly discusses empirical data regarding campus sexual assaults, then gives the history of the Clery Act. Next, the article examines the Clery Act’s specific requirements, and the process of review by the Department of Education. The article then focuses on Marquette University’s policies at the time of a 2010 assault by Marquette athletes, and whether its response violated the Act. The article concludes by arguing that events at Marquette and other schools should encourage other universities to revamp sexual misconduct policies to ensure compliance with the Clery Act.