Relevant Laws

Laws

Title IX

Title IX of the Education Amendments of 1972 (Title IX) is a federal civil rights law that prohibits discrimination on the basis of sex in federally funded educational programs and activities. Under Title IX, sexual assault and sexual harassment are forms of discrimination on the basis of sex. The Department of Education’s Office for Civil Rights, which enforces Title IX, has recently provided detailed guidance on how educational institutions like Northwestern must respond to complaints of Title IX Sexual Harassment. Learn more on the Department of Education's website.

The Clery Act

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the Clery Act) is a federal law and accompanying regulations that require colleges and universities to disclose certain timely and annual information about campus crime, and security and safety policies. Compliance with the Clery Act is a condition for universities, like Northwestern, that participate in the federal student aid program, and is administered by the U.S. Department of Education’s Federal Student Aid Office. As a part of its Clery program, Northwestern University collects and publishes statistical information on crimes occurring on and around campus, as well as relevant crime and safety information, in its annual crime and safety report.

The Violence Against Women Act (VAWA)

The federal Violence Against Women Act amendments and accompanying regulations (VAWA) clarify the duties of universities to investigate and respond to reports of sexual assault, stalking, and dating and domestic violence, and to publish policies and procedures related to the handling of these cases. Under VAWA, universities also must provide training to the campus communities on sexual misconduct. Compliance with VAWA is a condition for universities, like Northwestern, that participate in the federal student aid program, and is administered by the Department of Education’s Federal Student Aid Office. New VAWA regulations were published by the U.S. Department of Education in October 2014 and became effective July 1, 2105.

Illinois Preventing Sexual Violence in Higher Education Act

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3672&ChapterID=18

Illinois Criminal Code

Consent: 720 ILCS 5/11-1.70

http://www.ilga.gov/legislation/ilcs/documents/072000050K11-1.70.htm

Domestic violence: 750 ILCS 60/103

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000600K103

Dating violence: Included under domestic violence. See above.

Criminal sexual assault: 720 ILCS 5/11-1.20

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K11-1.20

Criminal sexual abuse: 720 ILCS 5/11-1.50

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K11-1.50

Aggravated criminal sexual assault: 720 ILCS 5/11-1.30

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K11-1.30

Aggravated criminal sexual abuse: 720 ILCS 5/11-1.60

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K11-1.60

Stalking: 720 ILCS 5/12-7.3

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-7.3

You can read the Illinois criminal code on the Illinois General Assembly website.

California Criminal Code

Consent: PEN 261 (a) 1-7 PC

Lack of consent is described rather than explicitly stated, except in the case of physical or development disability.

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=261.&lawCode=PEN

Domestic violence: PEN 273.5 (a) PC

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=273.5.&lawCode=PEN

Dating violence: Included under domestic violence. See above.

Sexual assault (defined as “sexual battery”): PEN 243.4 PC; PEN 220 PC

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=243.4.&lawCode=PEN

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=220.&lawCode=PEN

Stalking: PEN 646.9 PC

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=646.9.

Florida Criminal Code

Consent (defined within sexual battery statute): FS 794.011 (a)

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0794/Sections/0794.011.html

Domestic violence: FS 41.28

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=sexual+assault&URL=0700-0799/0741/Sections/0741.28.html

Dating violence: FS 784.046

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0784/Sections/0784.046.html

Sexual assault (defined as “sexual battery”): FS 794.011 (h)

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0794/Sections/0794.011.html

Stalking: FS 784.048

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0784/Sections/0784.048.html

Retaliation: FS 914.23

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0900-0999/0914/Sections/0914.23.html

Washington, DC Criminal Code

Consent: DC Code 22-3001 (4)

https://beta.code.dccouncil.us/dc/council/code/titles/22/chapters/30/

Domestic violence (defined as “intimate partner violence”): DC Code 16- 1001 (7)

https://beta.code.dccouncil.us/dc/council/code/sections/16-1001.html

Dating violence: Included under “intimate partner violence.” See above.

Sexual assault (defined as “sexual abuse”): DC Code 22-3002, 3003, 3004, 3005, 3006