The protection of students from sexual violence on college and university campuses has been the focus of heightened attention in recent years. Because of this, the IOA Board authorized the Task Force to secure legal guidance regarding the role of the confidential ombuds in this context.
The resulting legal analysis makes it clear that an ombudsman following the Standards of Practice and Code of Ethics may be designated as a confidential resource and not a “responsible employee” under Title IX and would normally not be considered a “campus security authority” under the Clery Act.
While the Title IX Task Force hopes that the information made available through its website regarding Title IX, the Clery Act, and sexual misconduct will be helpful to ombuds from all sectors, neither Task Force nor the IOA Board offers any of this information as legal advice. Ombuds should always consult with their respective resources for legal counsel.
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