Attempted Offenses (Response 8/13/2020)

Attempted Offenses
Question:

If a formal complaint alleges attempted sexual assault, would that be covered under 106.30, or would a recipient need to dismiss that complaint? Thank you.

Answer:

The new Title IX Rule, in the Preamble at p. 541 and fn. 777-779 (footnotes excluded here), addresses attempted sexual assault (such as rape): “With respect to an attempted rape, we define ‘sexual assault’ in § 106.30 by reference to the Clery Act, which in turn defines sexual assault by reference to the FBI UCR, and the FBI has stated that the offense of rape includes attempts to commit rape.”