Understanding Title IX and the Clery Act: A Comprehensive Overview

If you, or someone close to you, has found themselves involved in a college discipline matter related to sexual misconduct, I am sure you have come across two laws which appear to be connected: Title IX and The Clery Act. These are two of the most important legal frameworks through which we at K Altman Law advise students and their families during some of the most stressful times of their lives. Understanding the basics about each can make a real difference in how you approach your situation.

This guide is intended for students and parents who want to know what these laws say, how they work with one another, and what rights they provide for you.

A Parent’s Perspective: Dr. Amanda Stewart

As a mom, I understand that sending your child off to college brings a mix of emotions. It is joyful, exciting, hopeful, and proud. It can also be stressful, emotional, and, at times, overwhelming. As parents, we want college to be a positive and rewarding experience. We want our children to thrive academically, build confidence, and form lifelong relationships that are healthy, supportive, and meaningful.

But college life does not always unfold exactly as planned. I know this all too well! Students may face academic struggles, conduct allegations, safety concerns, disciplinary matters, or other unexpected challenges. When that happens, families often feel pressure to solve everything on their own while managing the emotional weight that comes with seeing their child struggle.

The reality is that parents cannot always carry that stress alone, and they should not have to. Having someone knowledgeable to walk through the process with you can make a meaningful difference. Whether the issue involves Title IX, the Clery Act, student conduct, or another campus matter, guidance and support can help families better understand their options and respond with clarity and confidence.

Understanding the systems that govern campus safety and student rights is an important first step. Title IX and the Clery Act both play major roles in how colleges address reports of misconduct, safety concerns, and institutional responsibilities. For parents, understanding these laws can help reduce confusion and provide a clearer path forward during an already difficult time.

For families who want to better understand Title IX and sexual misconduct issues in higher education, I also invite you to listen to our podcast episode on this topic. In Episode 7 of Ed Rights Unplugged, we discuss important issues surrounding Title IX and sexual misconduct and offer insight into the challenges students and families may face. You can listen here:

Title IX: Prohibiting Sex-Based Discrimination in Education

Core Principles of Title IX

Title IX was enacted as part of U.S. Civil Rights Legislation in 1972. The central theme of this legislation is simple: no student shall be excluded from participating in an educational program receiving federal financial assistance under any education program or activity on the basis of their sex. Title IX regulations apply to all educational programs that receive government funding. This includes nearly all public colleges, universities, high schools, middle schools, elementary schools, and other educational settings.

The essence of Title IX is equal opportunities for education. According to the provisions of Title IX, your sex can never be the reason for you to lose access to education, activities, or access to the overall experiences associated with campus life.

Scope of Title IX

Title IX applies to K-12 Schools and Higher Ed. Issues related to complaints made against students regarding sexual harassment or sexual violence will likely apply to both K-12 and Higher Ed institutions. Title IX treats sexual harassment and sexual violence as a form of sex discrimination rather than simply conduct violations.

This distinction is important because it indicates that your school has a responsibility to comply with a civil rights requirement.

Title IX Regulations

In recent times, the regulations under Title IX have changed drastically. In 2024, the Biden Administration enacted a new regulation, which the Trump Administration later halted after a federal court struck it down. Today, schools must once again comply with Title IX regulations from 2020.

The 2020 regulations now define student conduct during investigations, the school’s responsibilities in handling the investigation, and decision-making. At K Altman Law, we keep track of all changes in the Title IX landscape because that is what determines what rights and protections you have at any given time.

The Jeanne Clery Act: Ensuring Campus Safety and Transparency

Purpose of the Clery Act

Title IX is a civil rights statute. In contrast, the Clery Act is a public safety or transparency law. The Clery Act is intended to provide prospective and current students with truthful, complete, and transparent information regarding crimes committed on campus prior to, and during, their enrollment at the institution

Key Requirements of the Clery Act

Institutions subject to the Clery Act must:

• Disclose crime statistics for incidents reported to Campus Security Authorities (CSAs), as well as local law enforcement
• Publish an Annual Security Report (ASR), which includes all the crime data collected from the CSA and local law enforcement agencies, along with the safety policies of the institution.
• Implement campus-wide safety policies for preventing sexual assault, drug and alcohol abuse, and developing emergency response procedures
• Issue timely warnings to notify all members of the campus community about crimes that pose serious and ongoing threats
• Send emergency notifications when a significant emergency or dangerous situation requires immediate action

History and Amendments of the Clery Act

The Clery Act was named after Jeanne Clery, a 19-year-old Lehigh University student who was murdered in her dormitory in 1986. In the aftermath, her parents learned the university had a history of concealing violent crimes occurring on campus. Their advocacy led to the passage of the Clery Act in 1990.

The Clery Act has been amended and expanded upon a few times since then. One major revision occurred in 2013 with the Violence Against Women Reauthorization Act (VAWA). This amendment added protections specifically for college and university students who were victims of sexual assault, domestic violence, dating violence, and stalking. These provisions made the Clery Act much more similar to Title IX in regard to protecting the rights of survivors.

Clery Geography

One of the most important and most misunderstood concepts in the Clery Act is “Clery Geography.” This refers to the area in which the Clery Act can apply. The Clery Act only relates to incidents occurring within specific geographic boundaries. These boundaries include:

Why does this matter? Because if an offense occurs off campus at a private apartment complex where both parties attending the same college were present, it will generally fall outside Clery Geography and, therefore, not be reported in the crime data report. However, an incident at a fraternity house on campus must be reported, regardless of whether the university owns the building.

Intersections of Title IX and the Clery Act: Addressing Sexual Violence

Overlapping Areas

Although the Clery Act and Title IX were enacted by Congress as separate and distinct statutes, the 2013 VAWA Amendments changed all of that. In addition to requiring colleges to develop policies related to incidents of dating violence, domestic violence, sexual assault, and stalking, both laws:

• Provide guidance regarding discipline for sexual assault cases
• Require institutions to inform victims in writing of their choices and potential sources of assistance
• Require training for everyone involved in disciplinary proceedings
• Identify which employees/officials on college campuses are required to report upon becoming aware that an act of sexual violence has been committed

The Department of Justice has confirmed that there are no specific conflicts between the two laws and that both the Clery Act and Title IX are meant to complement each other.

Specific Areas of Intersection

There are two primary areas where the two laws overlap specifically:

1. How schools respond to reported incidents.
2. How schools conduct hearings/disciplinary processes.

When a victim reports an incident of sexual assault, dating violence, domestic violence, or stalking to their institution, they trigger both the Title IX statute and the Clery Act.

Under Title IX, the college is responsible for eliminating any hostile elements in the academic environment, preventing similar situations from occurring in the future, and addressing the impact of the violent behavior on the student.

Under the Clery Act, the college is responsible for counting the crime(s) as crimes that occurred on its property, determining if a timely warning should be issued to others on campus, and complying with specific requirements relative to the handling of the crime through any disciplinary hearing process.

In summary, because both laws trigger simultaneously and require actions based on the report, the same situation can be addressed using two entirely different paradigms.

H2: Reporting Requirements Under Title IX and the Clery Act

Title IX Reporting Requirements

As per Title IX, schools have designated certain staff members as Responsible Employees. These are essentially mandatory reports. What this means in practice is if a Responsible Employee receives a complaint of sexual harassment or sexual violence, they are obligated to forward this to the institution’s Title IX Coordinator or any official authorized to handle such complaints.

A couple of definitions worth knowing:

• Sexual Harassment: Unwelcome conduct that is of a sexual nature. In order for any conduct to qualify as ‘actionable’ under the 2020 Title IX regulations, sexual harassment must be (i) severe, (ii) pervasive, and (iii) objectively hostile enough to interfere with a person’s right to pursue his/her education.
• Sexual Violence: Physical acts of a sexual nature committed upon another person without that person’s consent or in circumstances where the person cannot provide consent.

Clery Act Reporting Requirements

The Clery Act requires Campus Security Authorities (CSAs) to report Clery-reportable offenses to the institution so they can be included in its official statistics.

As noted previously, these offenses are categorized into the following categories:

Criminal Offenses:

• Criminal homicide
• Rape and other sexual assaults
• Robbery
• Aggravated assault
• Burglary
• Motor vehicle theft
• Arson
• Arrests and disciplinary referrals for drug, liquor, and weapons violations

Hate Crimes: Any of the above offenses, plus larceny-theft, simple assault, intimidation, and vandalism, when motivated by bias based on race, religion, sexual orientation, gender, gender identity, disability, or national origin.

VAWA Crimes: Dating violence, domestic violence, and stalking.

Reporting Geography/Jurisdiction

Geography and jurisdiction are key differences between the two laws, and this often comes up at K Altman Law when families are trying to understand why an incident is or is not being handled in a certain way.

• Title IX applies to incidents that occur at any place that constitutes part of the institution’s educational program or activity. This means that even if an incident occurs during a school-sponsored trip or an off-campus event, if the college/university has substantial control over the context of that event, it may be subject to Title IX reporting.
• The Clery Act, on the other hand, only applies to incidents occurring within the Clery Geography described above.

For example, if an incident occurs during a trip or event sponsored by the school/college, the school/college must investigate and respond under Title IX. However, because the incident didn’t occur within the boundaries of any property owned by the institution, it would not be required to report it under the Clery Act. Understanding this difference is crucial to how a school responds to an incident.

Roles and Responsibilities in Reporting

Both laws identify categories of employees who are expected to report incidents under the respective law. However, the categories differ in some ways:

Responsible Employees (Title IX) have either the authority to take remedial action themselves or have a duty to immediately report any allegations of sexual harassment/sexual violence to their college/university’s Title IX Coordinator. Additionally, Responsible Employees are expected to provide the Title IX Coordinator with full details of the alleged incident, including the names and identities of all parties involved.

Campus Security Authorities (CSAs) (Clery Act) are defined by their functions rather than simply their job titles. CSAs are divided into four categories:

1. Law enforcement/security personnel employed by the college/university
2. Individuals formally designated by the institution as being responsible for receiving crime reports
3. Personnel responsible for monitoring access to buildings or property
4. Officials with significant responsibility for student and campus activities (deans of students, athletic directors, coaches, faculty advisors, and similar roles)

It is possible for a single individual to be both a responsible employee (under Title IX) and a CSA (under the Clery Act). If you disclose information to a particular individual, you may initiate both investigations concurrently.

Confidential Support Services

While both laws acknowledge that victims may want support services without initiating formal processes, both include exceptions for certain types of school employees. Specifically, neither law mandates reporting for professional counselors. Professional counselors include:

• Professional Counselors: Licensed mental health professionals officially engaged in counseling members of the college/university community
• Pastoral Counselors: College clergy figures identified by their religious order as providing confidential counseling

Before discussing your situation with a representative from your institution, it is essential to determine if that representative is a confidential counselor. At K Altman Law, this is consistently one of the first conversations we have with new clients.

Aggregate Data Reporting

An additional detail worth noting is that while non-professional counselors or victim advocates who do not hold licenses may not have to report identifiable information about an incident, they may have an obligation to report aggregate data about it. Aggregate data involves reporting only the type and general location of an incident, without identifying any party involved.

By doing so, institutions can analyze trends or patterns associated with incidents occurring on campus. However, as previously noted, confidentiality does not necessarily equate to invisibility from data collection or tracking by the student’s institution.

FERPA and its Application to Title IX and the Clery Act

The Family Education Rights and Privacy Act (FERPA) is the federal legislation that establishes privacy rights for students’ educational records. FERPA, as with all things related to Title IX and Clery, can be confusing. Here is what you actually need to know:

Notice of the Outcome of Sexual Violence Complaints

The outcome notification rules differ slightly between the two laws, and that distinction matters:

• Title IX requires an institution to inform the complainant of the findings of fact based on the evidence gathered during the investigation, the sanctions imposed against the respondent, and, if appropriate, any other actions taken by the school.
• The Clery Act has additional requirements. It requires simultaneous written notification to the accused and victim of the results of any institutional disciplinary proceeding, including the reasons for the determination, and any sanctions imposed.
• FERPA specifically permits schools to disclose the results of disciplinary proceedings to alleged victims of crimes of violence or sexual assault. This disclosure is a requirement under FERPA and the Clery Act.

Schools are forbidden from asking students to sign nondisclosure agreements that would prevent them from sharing the outcomes of investigations. This would be a violation of both the Clery Act and Title IX.

FERPA and Other Title IX Obligations

There is a common misconception that FERPA can be used to block information sharing required by Title IX. This is false. According to the Department of Education, if you have what appears to be a conflict between FERPA and Title IX, then Title IX takes priority. Schools cannot use FERPA as a shield to deny parties the evidence they need for a fair hearing.

FERPA and Timely Warnings

FERPA permits schools to issue timely warnings to students regarding potential dangers. However, if the school issues such warnings, FERPA requires that the victims’ identities remain anonymous. While a school’s obligation to notify the campus community of a risk is important, the victim’s rights to anonymity take precedence over that obligation.

FERPA and Emergency Response Procedures

The one exception provided for FERPA is in cases of an actual emergency. In those cases, schools may disclose protected student information without prior written consent to protect students’ health and safety. This exception is intentionally narrow and is meant for actual emergencies and not as a workaround to FERPA’s privacy protections.

Timely Warnings and Emergency Notifications

Timely Warnings Defined

A timely warning is a notification to the campus community regarding a potential danger that allows individuals to take appropriate precautions to ensure their own safety. The alert will be issued when a crime has occurred, or is occurring, and there is reason to believe it poses an ongoing risk to campus safety.

Emergency Notifications Defined

An emergency notification will be issued when university officials determine that there exists a significant emergency (or a dangerous situation) that poses an immediate threat to the health or well-being of students or staff on campus.

Differences Between Timely Warnings and Emergency Notifications

These two types of alerts are sometimes confused. However, each type of alert serves a different purpose and is triggered differently:

Circumstances for Issuing Timely Warnings

Timely warnings will typically be issued on a case-by-case basis. Each school will need to consider the following criteria when making its decision:

• The nature and seriousness of the crime
• Whether a continuing danger exists for the campus community
• The possible risk of compromising active law enforcement efforts

Circumstances for Withholding Timely Warnings

While schools do have some authority to withhold or delay the issuance of a timely warning, this is very limited. Specifically, schools may limit their obligation to issue a timely warning under the following very limited circumstances:

• The perpetrator has been apprehended, and there is no longer an immediate threat of harm to others.
• Including the information necessary to provide the timely warning would require the identification of a victim of sexual assault, domestic/dating violence, or stalking who wishes to remain anonymous.
• Issuing the warning would jeopardize an ongoing investigation or hinder the apprehension of a suspect
• Issuing the warning could result in the destruction of evidence
• Law enforcement was not notified in a way that allowed the campus police to post the warning in time

For students and families impacted by a sexual misconduct incident, the last bullet point is particularly relevant. If you are a survivor who wants to keep your identity private, the law requires the school to take that into account when deciding what details to include in any campus-wide notification.

How K Altman Law Can Help

At K Altman Law, the families we represent are frequently operating under two different regulatory structures simultaneously without realizing it. The key takeaway for all students and their families is as follows:

• Both the school and the student/family have multiple legal responsibilities under each law simultaneously. The type of response will vary depending on which law applies to your situation.
• Who you talk to matters a lot. A Responsible Employee or CSA can set a formal process in motion, whether you are ready for it or not. Know which resources are truly confidential before you share anything.
• Under Title IX and the Clery Act, you have the right to be informed of outcomes, to have an advisor, to receive supportive measures, and to have your privacy protected.
• The Title IX landscape has shifted significantly in recent years, and the regulations in effect right now may not be the same ones that were in effect when you first heard about these laws.

If you have questions about your specific situation, K Altman Law is here to help. Reach out to us for a consultation and let us talk through exactly where you stand and what your options are.