The Clery Act and Title IX

What is the Clery Act?

The Clery Act of 1990, amended in 1998, is a federal law that requires institutions to disclose information about crime on and around their campus location(s). Major provisions of the Act require institutions to: 

  • Publish an annual security report that details 3 years’ worth of institutional crime data as well as details about the institution’s security policies.
  • Maintain a public crime log for public access during the normal business hours of the institution.
  • Warn the public promptly about “serious” or on-going threats to students and employees in specific crime categories.
  • Create an emergency response plan to include the testing of a notification system and sending notifications as needed.
  • Develop and implement a clear plan for addressing cases of missing students.

Clery and Title IX Intersection:

The Clery Act and Title IX intersect under a provision of the Act that requires institutions to provide sexual offense victims certain basic rights. These rights include: 

  • Notification of their entitlement to contact law enforcement, utilization of counseling services and change “academic and living situations.” 
  • The right of the Complainant and the Respondent to have others present during an investigational hearing.
  • Both the Complainant and the Respondent must be informed of the outcome of an institutional disciplinary proceeding involving them alleging the occurrence of a sexual offense.