Title IX of the Education Amendments of 1972

2020 Title IX Regulations

Violence Against Women Act (VAWA), Sect 304

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act)

Title VII of the Civil Rights Act of 1964 

Family Educational Rights and Privacy Act (FERPA)

National Guidance Materials

On October 9, 2020, the U.S. Department of Education issued notice that it rescinded the 2016 Handbook for Campus Safety and Security Reporting (Clery Handbook), the Department of Education’s guidance document interpreting the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act). The Clery Handbook was replaced by a Clery Act Appendix to the Financial Student Aid Handbook (Appendix).

This Appendix to the Federal Student Aid Handbook was developed by the U.S. Department of Education to assist postsecondary institutions in meeting the campus safety and security requirements of the Higher Education Act of 1965, as amended. Other than the statutory and regulatory requirements included in this document, the contents of the new Appendix do not have the force and effect of law and are not meant to bind the public. The document is intended only to provide clarity to the public regarding existing requirements under the applicable statutory and regulatory provisions.

These reports are submitted under Section 203(b)(1) of the Department of Education Organization Act of 1979, Pub. L. No. 96–88, which provides: “The Assistant Secretary for Civil Rights shall make an annual report to the Secretary, the President, and the Congress summarizing the compliance and enforcement activities of the Office for Civil Rights and identifying significant civil rights or compliance problems as to which such Office has made a recommendation for corrective action and as to which, in the judgment of the Assistant Secretary, adequate progress is not being made.” 20 U.S.C. §3413(b)(1).

U.S. Department of Education Office for Civil Rights Annual Reports

Documents posted in the OCR Reading Room were published in the Federal Register or were otherwise made available to the public. Policy and legal interpretations announced in these materials may have been superseded or modified by federal court decisions or by later interpretations of the legal requirements involved. Placement of the document in the reading room does not reflect its importance relative to other OCR documents or to court decisions. The list of OCR documents currently available is not all-inclusive.

OCR Reading Room Website

Act 206, Session Laws 2011

In 2011, the state of Hawai‘i enacted Act 206 to protect the employment rights of victims of domestic and sexual violence by: (1) prohibiting employment discrimination on the basis of domestic or sexual violence victim status under H.R.S. chapter 378, part I “Discriminatory Practices”; and (2) amending H.R.S. chapter 378, part VI, formerly titled “Victims Leave” and renamed “Victims Protections”, to add a sub-part requiring employers to make reasonable accommodations for employees who are victims of domestic or sexual violence.

Act 206, Session Laws 2011

Act 222, Session Laws 2015

Establishes an affirmative consent task force to review and make recommendations on the University of Hawaii’s executive policy on domestic violence, dating violence, sexual assault, and stalking.

Act 222, Session Laws 2015

Act 208, Session Laws 2016

Requires UH to train employees and students on sexual harassment, sexual assault, domestic violence, dating violence, and stalking policies, appoint a confidential advocate at each campus, designate all faculty members as responsible employees under Title IX, enter into MOUs with county police departments regarding reporting of sexual assault cases to the police, and conduct a campus climate survey, and submit reports to the Legislature. Appropriates funds.

Act 208, Session Laws 2016

OIE update on Act 208 

Act 110, Session Laws 2018

“State Title IX” bill: “No person in the State, on the basis of sex, including gender identity or expression or sexual orientation shall be excluded from participation in, be denied the benefits of, or be subject to discrimination under any state educational program or activity. Effective January 1, 2020.

Directs the LRB to conduct a study of federal laws and regulations and recommend proposed legislation.

Act 110, Session Laws 2018

Act 177, Session Laws 2019

Reaffirms the state’s commitment to Title IX and extends the deadline for a LRB report to August 1, 2019. The LRB report was mandated in Act 110, Session Laws 2018.

Incorporates various federal exemptions allowing for sex and gender delineation in social fraternities/sororities, certain youth service organizations, financial aid, and same-sex living facilities. Effective January 1, 2020.

Act 177, Session Laws 2019

Act 242, Session Laws 2022

Requires annual reporting by the University of Hawaii, the department of education, and state public charter school commission to the legislature on the number and types of Title IX cases and other relevant information.

Appropriates funds to the department of education for equity training. Effective July 1, 2022.

Act 242, Session Laws 2022

Act 208 Annual Report on Campus Safety & Accountability
Submitted to:
Hawaii State Legislature
2024 Regular Session (.pdf)

Act 208 Annual Report on Campus Safety & Accountability
Submitted to:
Hawaii State Legislature
2023 Regular Session (.pdf)

Act 208 Annual Report on Campus Safety & Accountability
Submitted to:
Hawaii State Legislature
2022 Regular Session (.pdf)

Act 208 Annual Report on Campus Safety and Accountability
Submitted to:
Hawaii State Legislature
2020 Regular Session (.pdf)

Act 208 Annual Report on Campus Safety and Accountability
Submitted to:
Hawaii State Legislature
2019 Regular Session (.pdf)

Act 208 Annual Report on Campus Safety and Accountability
Submitted to:
Hawaii State Legislature
2018 Regular Session (.pdf)

The 2015 Hawaii State Legislature passed SB 387 Relating To Affirmative Consent. The Bill was signed into law by Governor David Ige as Act 222, Session Laws of Hawaii 2015, on July 10, 2015. The Task Force was chaired by Jennifer Solidum Rose and convened until its sunset on June 30, 2017.

Act 222 Affirmative Consent Task Force Report
Submitted to:
Hawaii State Legislature
2017 Regular Session (.pdf)

Act 222 Affirmative Consent Task Force Report
Submitted to:
Hawaii State Legislature
2016 Regular Session (.pdf)

The 2022 Hawaiʻi State Legislature passed and Gov. David Ige signed Act 242 Relating to Civil Rights into law on July 6, 2022. In accordance with Act 242, the University must submit a report to the legislature annually.

Act 242 Report
Submitted to:
Hawaiʻi State Legislature
2024 Regular Session (.pdf)

Act 242 Report
Submitted to:
Hawaiʻi State Legislature
2023 Regular Session (.pdf)