What is the Clery Act?
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, (commonly known as the Clery Act), is a federal law enacted in 1990. The Clery Act was passed to promote transparency around campus crime policies and statistics at colleges and universities across the United States. Jeanne Clery, the Act’s namesake, was a student and elite tennis athlete who was tragically murdered by a stranger on the college campus of Lehigh University in 1986. Connie and Howard Clery, Jeanne’s parents, were determined to create a national conversation surrounding campus safety in the wake of their daughter’s murder. Their advocacy was key in the Act’s passage. The law has changed the landscape of campus safety ever since, requiring institutions to disclose information about crime on and around their campuses with the goal to ensure that students, faculty, and staff are informed and can make important safety decisions.
Key Provisions of the Clery Act:
- Reporting of Crime Statistics: Colleges and Universities subject to the Act are required to publish and distribute an annual security report (ASR) to current and prospective employees and students by October 1 each year. Institutions are required to report specific types of crimes that occur on campus, in certain non-campus buildings, and on public property within or immediately adjacent to the campus.
- Timely Warning Notices: If a crime poses a serious or ongoing threat to students and employees, institutions must issue timely warnings to the campus community. Institutions must have procedures in place to provide immediate notification to the campus community in the event of a significant emergency. These warning notices are commonly sent through student email services, texts, and/or smartphone applications.
- Campus Security Authorities (CSAs): The law designates certain officials and offices as Campus Security Authorities, who are responsible for reporting crimes to the appropriate campus authorities.
The Intersection of Title IX and the Clery Act
Title IX is a federal law requiring colleges and universities to address sex discrimination in connection with higher education, including investigating and adjudicating reports of sexual violence and harassment on-campus. Both the Clery Act and Title IX require institutions to create policies to address sexual crimes in particular, creating specific obligations on the part of institutions.
Colleges must designate Title IX coordinators to address reports of on-campus sex discrimination. Institutions must also implement Title IX procedures for reporting and investigating sexual misconduct that either takes place on campus or significantly impacts a student’s access to educational opportunities. The stakes of institutional compliance with both Title IX and the Clery Act are high, as failure to adhere to Title IX requirements can lead to revocation of federal funding, while non-compliance with the Clery Act can result in fines and additional scrutiny. Violations of the Clery Act are punishable with fines of almost $70,000 per occurrence. Recently, a fourteen million ($14MM) fine against Liberty University was assessed due to “material and ongoing violations” of the Clery Act.
Navigating the Clery Complaint Process in Conjunction with Title IX
If you have been the victim of a sexual crime on campus, you have the right to file a Title IX complaint for investigation. If you also believe that a college or university has violated the Clery Act in connection with your Title IX process, you may have a basis for a Clery complaint. For example, when an institution fails to issue a timely warning following a report of on-campus sexual violence, the institution risks both a complaint of Title IX sex discrimination and Clery complaint if a student was attacked by the perpetrator of an unreported crime. Below is a step-by-step overview of how to pursue a Clery complaint in connection with a Title IX process:
Step 1: Understand Your Rights
Familiarize yourself with your rights under the Clery Act and Title IX. Consider contacting an attorney if you have been the victim of an on-campus crime or if you believe your rights under Title IX or the Clery Act have been violated. An attorney or Title IX advocate may assist you in understanding your rights to pursue criminal charges, obtain on-campus supports, and assist you in navigating campus policies, including your rights to file a Title IX complaint or Clery complaint against your college or university.
Step 2: Gather Evidence
Compile any relevant information that supports your Title IX complaint and/or Clery Complaint. Relevant evidence may include:
- Medical documentation;
- Specific details, evidence, and documentation about your experience of sexual violence;
- Specific details and documentation about your college’s failure to report and warn of on-campus safety threats preceding an on-campus crime;
- Documentation of communications with campus authorities regarding these issues; and
- Any other evidence that demonstrates the institution’s failure to comply with the Clery Act (e.g., inaccurate reported crime statistics, failure to designate safety officers, etc.).
Step 3: Consider Contacting the Institution
You may wish to consider contacting your college or university directly following on-campus sexual harassment or violence. An institution’s Title IX office can advise and assist students with initiating the Title IX complaint process and obtaining on-campus supports. Many institutions also have designated offices, such as campus safety offices or an office of student affairs, that can handle Clery-related inquiries and issues.
Step 4: Consider Filing a Formal Clery Complaint
If your concerns regarding institutional compliance with the Clery Act are not resolved at the university level, you can file a formal complaint with the U.S. Department of Education to pursue a Clery investigation by:
- Visiting the Department of Education’s Website: Go to the Clery Act Compliance page on the Department of Education’s website.
- Completing the Clery Complaint Form: Fill out the Clery Act complaint form with all required details, including your contact information and specifics about the alleged violation.
- Submitting Your Complaint: You may send a completed complaint form to the Department of Education, keeping a copy of your submission for your records. To file a Clery Act complaint with the U.S. Department of Education, you can submit your complaint via:
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- Email: CleryComplaints@ed.gov; or
- Mail: you may mail your complaint to the regional Department of Education office that has jurisdiction over your college or university.
Step 5: Follow Up
After submitting your Clery complaint, you will receive confirmation of receipt from the Department of Education, who will investigate the matter. Clery investigations can take time. Do not hesitate to follow up for updates regarding the status of your complaint’s ongoing investigation.
Conclusion
The Clery Act can be an important tool for promoting campus safety and university accountability. In certain cases, Clery complaints may be appropriate in connection with a Title IX process. Understanding your rights and the complaint processes under both Title IX and the Clery Act can empower you to act if you believe a college or university is not complying with the law. If you are seeking assistance in navigating these issues, KJK’s Student and Athlete Defense attorneys and advocates are here to help. We are dedicated to advocating for the rights and safety of students on college campuses all across the country. For more information, or to discuss further, please contact the authors by calling 216-716-5630 or completing this form.
Related: Title IX and Disability Rights: Accommodation for All Students