On June 23, 2025, the FBI issued its annual update to the National Incident-Based Reporting System (NIBRS) User Manual, which directly affects how schools must align their Title IX and Clery Act compliance practices. This shift affects how schools must align Title IX and Clery Act compliance practices. The most significant change is the removal of the offense category “Fondling,” which has been replaced with a new offense: “Criminal Sexual Contact.”

This update broadens the Title IX definition of “sexual assault” and raises important considerations for institutions and K-12 schools.

The NIBRS User Manual now requires institutions to track and report “Criminal Sexual Contact” instead of “Fondling.” The updated definition captures a wider range of nonconsensual sexual contact, aligning NIBRS reporting more closely with criminal codes.

However, this change creates a disconnect: the Department of Education’s Clery Act regulations and Appendix A have not yet been updated to reflect the new terminology and the Department of Education has not weighed in with guidance regarding this change. Institutions and schools are left in a gray area until further federal guidance is issued.

ICS’s Perspective

At ICS, when schools decide to update their policies to reflect this change, we recommend that schools retain the term “Fondling” in their Title IX and Clery-related policies, but update the definition to align with the NIBRS 2025 update. Here is why:

• 1. Avoid Over-Criminalization in Campus Processes: Campus Title IX policies already carry heavy criminal justice language because of their required alignment with Clery definitions. Adding a new term like “Criminal Sexual Contact” further risks blurring the line between campus administrative processes and criminal prosecution, which can be confusing and intimidating for students, staff, and families.
• 2. Maintain Consistency with Existing Regulations: Until the Department of Education updates Clery regulations and Appendix A, “Fondling” remains the operative term for Clery compliance. Retaining the term ensures that policies remain consistent with federal education law while still reflecting the updated definition.
• 3. Clearer Communication for Campus Communities: Students and employees are familiar with the term “fondling” from past training and policy documents. Abruptly shifting to “criminal sexual contact” without federal alignment could create unnecessary confusion. Updating the definition while maintaining the terminology provides continuity while ensuring accuracy.

A Practical Approach for Moving Forward

Here is our recommended approach once your school updates its relevant policies and procedures to reflect this change:

• Policy Language: Continue using the offense title “Fondling” in policies and training.
• Updated Definition: Incorporate the broader definition issued by NIBRS (June 2025).
• Footnote/Reference: Add a footnote or parenthetical noting that “Fondling” is referred to as “Criminal Sexual Contact” in the 2025 NIBRS Manual.
• Training & Communication: Clarify the change during annual trainings and in compliance communications so campus communities understand the evolving landscape.
• Consult Counsel: Work closely with institutional or campus counsel to ensure alignment with both Title IX regulations and Clery obligations during this transition period.

As with many compliance updates, schools are caught between evolving federal frameworks. The NIBRS change means that schools, districts and institutions should remain flexible, update policies thoughtfully, and avoid importing overly criminalized terminology into student-focused Title IX processes.

ICS can help your school, district, or institution navigate these changes. Our team provides policy support, training, and more tailored to both higher education and K–12 environments. If your school needs assistance adapting to the NIBRS update or ensuring your Title IX and Clery processes are aligned, contact us today.