The Clery Act and Title IX

Whether at New York University, USC, University of Michigan, University of Florida, or any school in between, when a college or university faces a report of sexual assault, dating violence, or stalking, the institution’s obligations extend far beyond simply investigating the claim. Federal mandates, particularly Title IX of the Education Amendments of 1972 and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, commonly known as the Clery Act, impose overlapping yet distinct requirements that shape how educational institutions respond. Although both laws aim to foster safe learning environments, their mechanisms differ significantly. Understanding how these statutes intersect is essential for students, employees, and legal counsel alike.

At Saland Law, our seasoned legal team, led by Title IX advisor, criminal defense attorney and former Manhattan prosecutor Jeremy Saland, is uniquely equipped to help both complainants and respondents navigate these complex matters. While headquartered in New York City, our practice spans the nation, advising students, faculty, and staff across the country in Title IX and campus disciplinary proceedings. Whether you are facing a Title IX hearing, a parallel criminal investigation, or are concerned about institutional compliance, Saland Law brings clarity to an otherwise overwhelming process, and one that is routinely managed and pursued by schools online and through virtual appearances.

Understanding Title IX: Scope and Statutory Purpose

Title IX, passed in 1972 as part of the Education Amendments, prohibits sex-based discrimination in federally funded educational programs and activities. The statute provides, in part, that “[n]o person in the United States shall, on the basis of sex, be excluded from participation in…or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

Although originally enacted to combat sex-based disparities in academic admissions and athletics, Title IX’s reach has expanded dramatically. Today, it encompasses a wide range of sex-based misconduct, including sexual harassment, sexual assault, dating violence, stalking, and retaliation. Educational institutions receiving federal funds are legally obligated to investigate allegations of such misconduct promptly and equitably.

The U.S. Department of Education, primarily through its Office for Civil Rights (OCR), enforces Title IX. Recent iterations of Title IX regulations, such as those updated in 2020 and expected revisions in 2024 or 2025, have addressed due process protections, evidentiary burdens, cross-examination rights, and definitions of sexual harassment. A crucial element in any Title IX case is whether conduct involved affirmative consent, a concept gaining traction nationwide that emphasizes voluntary, informed, and mutual agreement to engage in sexual contact.

The Clery Act: A Transparency and Safety Mandate

Originally passed in 1990 following the tragic rape and murder of Jeanne Clery in her college dormitory, the Clery Act mandates that colleges and universities maintain and disclose campus crime statistics and security information. Unlike Title IX, which centers on equity and non-discrimination, the Clery Act’s purpose is transparency and public safety. It requires institutions to publicly report crime data, implement safety policies, and issue timely warnings about ongoing threats.

The Clery Act obliges schools to collect and disclose data on a wide range of crimes, including but not limited to sexual assault, dating violence, stalking, and domestic violence. These offenses must be documented in an Annual Security Report (ASR), which must be made available to the campus community and to the public. The ASR must also outline the institution’s procedures for addressing sexual misconduct, including policies around reporting, investigation, interim measures, disciplinary actions, and prevention programs.

Violations of the Clery Act can result in substantial fines imposed by the Department of Education, often in the hundreds of thousands of dollars, as well as reputational damage and loss of eligibility for federal funding.

Key Differences Between Title IX and the Clery Act

While Title IX and the Clery Act often deal with similar incidents such as sexual assault or dating violence, they approach these issues from different legal angles. Title IX frames sexual misconduct as a form of sex-based discrimination that can impede equal access to education. The Clery Act, by contrast, addresses such incidents as threats to campus safety and matters of public concern.

A report of sexual assault, for example, might trigger both a Title IX investigation and a Clery Act requirement. Under Title IX, the institution must determine whether the alleged conduct meets the definition of sexual harassment under the law and whether it interfered with a student’s access to education. Under the Clery Act, the institution must evaluate whether the incident meets the definition of a Clery-reportable offense and, if so, include it in its Annual Security Report and potentially issue a timely warning.

Importantly, the Clery Act applies to specific geographic areas: on-campus property, campus-owned housing, public property adjacent to campus, and certain off-campus buildings the school controls. Title IX is not limited in the same way; it focuses on whether the conduct occurred in an education program or activity, which can include off-campus events, digital interactions, and school-affiliated travel, depending on the facts.

Intersection and Overlap: When Both Statutes Apply

In many situations, a single incident implicates both Title IX and the Clery Act. For example, suppose a student reports being sexually assaulted by a classmate in an on-campus dormitory. The school must consider several distinct obligations:

1. Title IX Response: The school must offer supportive measures, initiate an investigation if a formal complaint is filed, and resolve the matter through a grievance process that ensures both parties are treated fairly and with due process protections. Sanctions may include suspension, expulsion, or other disciplinary consequences for the respondent if found responsible.
   
2. Clery Act Compliance: The school must determine whether the incident qualifies as a Clery-reportable crime and whether the location falls within Clery geography. If so, the school must count it in annual statistics, include the relevant policy in the ASR, and possibly issue a timely warning to alert the campus of ongoing safety risks.
   
3. Campus Safety Mandates: Beyond statistics and procedures, the institution may be required to revise campus safety protocols, provide prevention training, and demonstrate compliance during any federal audits.

This overlap creates a web of obligations, making it imperative for institutions to maintain coordination between Title IX coordinators, campus police, legal counsel, and student services.

Affirmative Consent, Sexual Contact, and Institutional Duties

As schools have updated their policies in response to both Title IX and Clery Act requirements, many have adopted or refined their definitions of consent; moving toward affirmative consent standards. Under this framework, consent is not presumed by silence or inaction. Instead, it requires active, informed, and voluntary agreement before and throughout any sexual contact.

Institutions that fail to clearly define or implement affirmative consent policies risk non-compliance with both Title IX and Clery requirements. For example, the Clery Act obliges schools to publish policy statements about what constitutes consent in their jurisdiction and to use those definitions in disciplinary proceedings. Meanwhile, Title IX investigations often turn on whether sexual contact occurred without such affirmative, knowing consent.

At Saland Law, we work closely with both complainants and respondents as their advisor to navigate this critical question. Whether the issue is miscommunication, intoxication, or lack of prior clarity, how consent is defined and interpreted can significantly impact the outcome of a Title IX hearing or institutional decision.

Sanctions, Disciplinary Outcomes, and Parallel Proceedings

One of the more complex challenges that arises in Clery-Title IX overlap cases is reconciling public disclosure requirements with individual rights. If a respondent is found responsible for sexual misconduct under Title IX, sanctions may range from educational interventions to permanent expulsion. These outcomes must be documented and, under Clery regulations, may influence the school’s public reporting obligations.

The Clery Act also requires that schools provide complainants and respondents with written notice of the results of any disciplinary proceeding, including the rationale behind the outcome and any imposed sanctions. These rights exist regardless of whether a parallel criminal proceeding is underway. Importantly, Title IX and Clery proceedings are administrative in nature, they are separate from criminal prosecutions and follow different rules of evidence, confidentiality, and burden of proof.

A student accused of sexual assault may face:

• A Title IX hearing with possible academic or disciplinary penalties,
  
• A Clery-related entry in campus safety statistics,
  
• A no-contact order or interim suspension issued by the school,
  
• And simultaneous exposure to arrest, indictment, or trial in criminal court.

These multiple layers of consequence heighten the stakes for both parties. Saland Law brings a comprehensive understanding of these parallel systems, helping clients preserve their rights and reputations in campus proceedings while also preparing for potential criminal exposure.

Institutional Training, Recordkeeping, and Prevention

Compliance with the Clery Act and Title IX is not limited to responsive measures. Both statutes impose proactive duties. Schools must conduct prevention and awareness campaigns, often including mandatory student and employee training on issues such as sexual assault, dating violence, stalking, and consent.

Recordkeeping is also critical. Schools must document their response to every Title IX complaint, from initial report to final determination. Similarly, Clery regulations require institutions to log and publish their campus crime statistics for public review.

Institutions that fall short in these areas risk federal scrutiny. The Department of Education has conducted high-profile Clery and Title IX investigations at colleges nationwide, resulting in multimillion-dollar settlements and sweeping reform agreements. These enforcement actions are a stark reminder that compliance is not a checkbox; it requires ongoing vigilance and professional guidance.

The Role of Legal Counsel in Title IX and Clery Act Matters

Legal counsel is indispensable for students, faculty, and institutions grappling with the Clery Act and Title IX even if that attorney is acting as your advisor and not in a formal capacity as a lawyer. Missteps, intentional or not, can lead to devastating academic, professional, and legal consequences. A complainant may be retraumatized if their case is mishandled or their safety compromised. A respondent may suffer irreversible damage to reputation, education, and career if wrongfully found responsible.

Jeremy Saland and his team bring a prosecutor’s precision, a defense attorney’s resolve and a Title IX advisor’s experience to every case. Whether you are seeking justice as a victim of sexual misconduct, defending against allegations of non-consensual sexual contact, or navigating an institutional response, Saland Law offers clear, strategic guidance grounded in decades of legal experience.

We handle cases involving:

• Allegations of sexual assault, harassment, or dating violence,
  
• Complicated disputes about affirmative consent,
  
• Campus safety reports and disclosures under the Clery Act,
  
• Interim measures such as no-contact orders and academic suspension,
  
• Informal resolutions, hearings, and appeals under Title IX,
  
• Parallel proceedings in criminal and civil forums as legal counsel or to liaise with counsel in the particular state.

National Reach with New York Roots

Although Saland Law is based in New York City, our services extend nationwide. Title IX and the Clery Act are federal laws, which means schools across the country must comply. Equally important, when serving as your Title IX advisor, handling your matter virtually is what schools routinely do regardless of whether you are at home states away and your advisor is down the street. Whether you are a student at a private university in California, a faculty member at a public institution in Texas, or a parent concerned about due process at a northeastern liberal arts college, our team is equipped to help.

We tailor our approach to the specific facts, policies, and procedural rules of your institution. Some schools allow live hearings with cross-examination; others do not. Some impose narrow geographic Clery interpretations; others take broader views. In every case, we deliver responsive, individualized legal advice and strong advocacy from the moment of first contact.

Understanding the Full Picture

The intersection between the Clery Act and Title IX forms one of the most complex and consequential areas of higher education law. It impacts how colleges define and investigate sexual misconduct, how they notify the campus of threats, how they impose discipline, and how they report data to the federal government.

At Saland Law, we understand the gravity of these cases. We know what’s at stake; whether it’s your education, your safety, or your future. With an approach rooted in legal precision, strategic clarity, advisoree knowledge, and personal compassion, our team helps clients across the nation move forward with strength and dignity.

If you are facing a Title IX matter, whether as a complainant or respondent, and want experienced counsel who understands the Clery Act’s far-reaching implications, contact the Title IX advisors at Saland Law today.