The FBI’s National Incident-Based Reporting System (NIBRS) has replaced the offense of “fondling” with “criminal sexual contact”[1] and revised the definition of “rape.”[2] Because Title IX’s regulatory definition of “sexual harassment” incorporates the Clery Act’s adoption of FBI offense categories, see 34 C.F.R. § 106.30,[3] these NIBRS changes are automatically incorporated into the Title IX regulatory framework. School districts, postsecondary institutions, and other funding recipients that cite or paraphrase the former NIBRS language in their Title IX policies, procedures, and training materials must review their documents and practices in light of the updated definitions.
Key Definition Changes
• Fondling → Criminal Sexual Contact. The new term covers intentional touching of any body parts—not only private body parts—without consent for sexual gratification, degradation, or humiliation, and expressly captures compelled touching of an actor by a victim.
• Rape. Penetration “no matter how slight” now replaces “the carnal knowledge of a person” and includes oral penetration by a sex organ or sex-related object. The new definition specifies that physical resistance is not required.
Practical Title IX Implications and Actions to Be Taken
- Policy language. Review and revise any policy that specifically references “fondling” and the prior definition of “rape” as necessary to comply with the new definitions. Consider issuing a brief notice to the school community summarizing any terminology changes and clarifying the scope of prohibited conduct.
- Notice of nondiscrimination and grievance procedures. Confirm that the prohibited-conduct section complies with the new definitions; update standard complaint forms and template notices to parties as needed.
- Training materials. Investigators, hearing officers, and informal-resolution facilitators should be briefed on the new definitions to ensure consistency in intake questions, evidence review, and written determinations, and training materials and handbooks should be updated as needed.
- State-law alignment. Cross-check state statutes; if your policy references state offenses for jurisdictional purposes, confirm there is no conflict created by the new federal definitions.
Looking Ahead
The immediate impact of the NIBRS changes on Clery Act reporting is unclear. Appendix A to the Clery Act regulations has not been updated and currently incorporates the prior NIBRS definitions. The U.S. Department of Education has not issued guidance on the impact of the NIBRS changes, and there may be a lag before federal rulemaking conforms to the new definitions. Schools should consult with counsel and monitor the U.S. Department of Education’s website for guidance and any clarification about reporting requirements.
[1] Compare Uniform Crime Reporting Program: National Incident-Based Reporting System, NIBRS Offense Definitions at 6 (Fall 2019), https://ucr.fbi.gov/nibrs/2018/resource-pages/nibrs_offense_definitions-2018.pdf and NIBRS User Manual 2025.0 at 60 (June 23, 2025), https://le.fbi.gov/file-repository/nibrs-user-manual-2025-0-062625.pdf/view.
[2] Compare Uniform Crime Reporting Program: National Incident-Based Reporting System, NIBRS Offense Definitions at 6 (Fall 2019), https://ucr.fbi.gov/nibrs/2018/resource-pages/nibrs_offense_definitions-2018.pdf and NIBRS User Manual 2025.0 at 59 (June 23, 2025), https://le.fbi.gov/file-repository/nibrs-user-manual-2025-0-062625.pdf/view.
[3] “Sexual harassment” includes “sexual assault,” as defined in 20 U.S.C. § 1092(f)(6)(A)(v) (“The term ‘sexual assault’’ means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation.”).
