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 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.
How do the Clery Act and Title IX Intersect?
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 changing academic and living situations
- The right of the complainant and 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.