Colleges and universities that accept federal student aid must comply with four overlapping federal campus safety and security laws: the Clery Act, which requires public reporting of campus crime; Title IX, which prohibits sex-based discrimination including sexual misconduct; the Drug-Free Schools and Communities Act, which conditions federal funding on running a drug and alcohol prevention program; and the Family Educational Rights and Privacy Act (FERPA), which governs what student information a school can share during a safety incident. Together they set the rules for what schools must disclose, prevent, investigate, and warn students about.
What the Clery Act Requires
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act is the core federal campus crime reporting law. Every institution that participates in federal financial aid programs must collect, publish, and distribute crime data and security policy information each year in an Annual Security Report. That report is due by October 1 and must cover the three most recent calendar years.1Office of the Law Revision Counsel. 20 USC 1092 – Institutional and Financial Assistance Information for Students
The report is more than a statistics table. It has to describe the school’s security policies, crime prevention programs, and reporting procedures. Schools must distribute it to current students and employees and make it available to prospective ones on request. The Department of Education also publishes the underlying numbers in a searchable database, so applicants can look up any school’s reported crime history.
Crimes That Count
The statute names the offenses that must be reported: criminal homicide (murder and manslaughter), forcible and non-forcible sex offenses, robbery, aggravated assault, burglary, motor vehicle theft, and arson. Hate crimes cover any of those offenses plus larceny-theft, simple assault, intimidation, and property destruction when the victim was targeted based on race, gender, religion, national origin, sexual orientation, gender identity, ethnicity, or disability. Arrests and disciplinary referrals for liquor law violations, drug violations, and illegal weapons possession must be reported too.1Office of the Law Revision Counsel. 20 USC 1092 – Institutional and Financial Assistance Information for Students
The Violence Against Women Reauthorization Act of 2013 added dating violence, domestic violence, and stalking to the list, along with a requirement for prevention education covering healthy relationships and bystander intervention.2GovInfo. Violence Against Women Act Final Regulations Hazing incidents were more recently added.1Office of the Law Revision Counsel. 20 USC 1092 – Institutional and Financial Assistance Information for Students
Where Clery Reporting Applies
Clery reporting isn’t limited to what happens inside classroom buildings. The regulations define three geographic zones. “Campus” covers buildings and property the institution owns or controls within a reasonably contiguous area, including residence halls. “Noncampus” property covers buildings owned or controlled by recognized student organizations, plus properties the school uses for educational purposes outside the main campus footprint. “Public property” means sidewalks, streets, and parking areas immediately adjacent to and accessible from campus.3eCFR. 34 CFR Part 668 Subpart D – Institutional and Financial Assistance Information for Students An assault on a sidewalk bordering campus counts. A crime at an off-campus apartment with no institutional connection does not, even if the victim is a student.
Who Has to Report
Clery designates “campus security authorities” who have a duty to report crimes they learn about. That group includes campus police and security departments, non-police security personnel, individuals or offices the institution designates as reporting contacts, and officials with significant responsibility for student and campus activities, such as those overseeing housing, student conduct, or campus organizations. Pastoral counselors and licensed professional counselors acting in those roles are not campus security authorities; they can inform the people they counsel about reporting options but have no duty to forward reports for statistical purposes.3eCFR. 34 CFR Part 668 Subpart D – Institutional and Financial Assistance Information for Students A student who tells a residence hall director about an assault may not realize that report will feed the school’s crime statistics, but it will.
The Daily Crime Log
Any institution with a campus police or security department must keep a daily crime log separate from the Annual Security Report. It records the nature, date, time, general location, and disposition of every reported crime within Clery geography. New entries must be added within two business days. The most recent 60 days must be open for public inspection during normal business hours; older portions must be produced within two business days of a request. Institutions can withhold entries only when release would jeopardize an ongoing investigation, endanger someone, cause a suspect to flee, or lead to destruction of evidence, and even then only until the concern passes.4U.S. Department of Education. Clery Act Appendix for FSA Handbook
Timely Warnings and Emergency Notifications
Clery requires two distinct types of alerts, and they aren’t interchangeable.
A timely warning goes out when the institution learns of a Clery-reportable crime that may pose a serious or continuing threat to the campus community. It should include enough detail about what happened and where to help people take precautions, and it must be issued as soon as pertinent information is available.5Federal Student Aid. Reminder – Institution Responsibilities Under the Clery Act
An emergency notification is triggered by a confirmed significant emergency or dangerous situation posing an immediate threat to health or safety. It isn’t limited to Clery crimes. A gas leak, active shooter, tornado, or disease outbreak can all trigger one. The institution must issue the notification immediately upon confirming the threat.5Federal Student Aid. Reminder – Institution Responsibilities Under the Clery Act
Institutions must test their emergency notification systems at least annually, publicize the procedures, and keep protocols for coordinating with local police and fire departments.
Missing Student Notification
Institutions with on-campus residential facilities must have a missing student notification policy. If a student living in campus housing has been missing for 24 hours, the school has to notify law enforcement and the student’s designated emergency contact. For students under 18 who are not legally emancipated, a parent or guardian must be notified automatically. Each residential student must be offered the chance to register a confidential contact specifically for this purpose, kept separate from general emergency contacts. The policy must be described in the Annual Security Report.1Office of the Law Revision Counsel. 20 USC 1092 – Institutional and Financial Assistance Information for Students
Drug and Alcohol Prevention Programs
The Drug-Free Schools and Communities Act runs parallel to Clery but targets substance abuse specifically. No institution can receive any form of federal financial assistance, including participation in federal student loan programs, unless it certifies that it has adopted and implemented a drug and alcohol abuse prevention program.6Office of the Law Revision Counsel. 20 USC 1011i – Drug and Alcohol Abuse Prevention
The program must include an annual distribution to every student and employee covering standards of conduct that prohibit unlawful possession, use, or distribution of drugs and alcohol on institutional property or at institutional activities; legal consequences under local, state, and federal law; health risks of drug and alcohol abuse; counseling, treatment, and rehabilitation resources available; and institutional sanctions for violations, which can run up to expulsion or termination and referral for prosecution.
Every two years the institution must conduct a biennial review to evaluate the program’s effectiveness, count drug- and alcohol-related violations and fatalities, and confirm sanctions are being consistently enforced.6Office of the Law Revision Counsel. 20 USC 1011i – Drug and Alcohol Abuse Prevention
Title IX Obligations
Title IX of the Education Amendments of 1972 prohibits sex-based discrimination in any education program or activity receiving federal financial assistance.7Office of the Law Revision Counsel. 20 USC 1681 – Sex For campus safety purposes, the most consequential piece of Title IX is its coverage of sexual harassment, sexual assault, and related misconduct.
Every institution must designate a Title IX Coordinator to oversee compliance, receive reports, coordinate investigations, and arrange supportive measures. Supportive measures are non-disciplinary, non-punitive services offered at no cost regardless of whether a formal complaint is filed. They can include no-contact orders, changes to housing or class schedules, academic deadline extensions, and similar accommodations meant to preserve both parties’ access to the educational program.
When a formal complaint is filed, the institution must follow a grievance process that gives notice to both parties, an opportunity to present and respond to evidence, and a written determination explaining the outcome. Both the complainant and the respondent have appeal rights. Federal regulations also prohibit retaliation against anyone who reports a potential Title IX violation, files a complaint, or participates in an investigation or hearing.
Which Title IX Regulations Currently Apply
The regulations that flesh out Title IX have shifted recently. The Biden administration finalized new Title IX regulations in April 2024, but a federal court vacated that rule on January 9, 2025. The Department of Education confirmed that the 2024 regulations are not effective in any jurisdiction.8U.S. Department of Education. Sex Discrimination – Overview of the Law As of 2026, the Department enforces the 2020 Title IX regulations, which require live hearings with cross-examination at postsecondary institutions and use a narrower definition of actionable sexual harassment.
The statute itself hasn’t changed, but the procedural rules that govern grievance procedures have. Students and employees dealing with a Title IX matter should check their institution’s current policies, which should track whichever federal regulations are in force.
How FERPA Interacts With Campus Safety
The Family Educational Rights and Privacy Act generally bars institutions from disclosing student records without consent, which can appear to conflict with campus safety needs. FERPA’s health or safety emergency exception resolves most of that tension. Under the exception, institutions may disclose student information without consent when disclosure is necessary to protect the health or safety of the student or others during an actual, impending, or imminent emergency, such as a campus shooting, natural disaster, or disease outbreak.9Student Privacy Policy Office. When Is It Permissible to Utilize FERPAs Health or Safety Emergency Exception
The exception applies only for the duration of the emergency and does not authorize blanket releases of student records. Clery Act crime statistics never include personally identifying information about victims, so publishing those statistics does not implicate FERPA at all. The Department of Education has pushed back repeatedly against institutions that invoke FERPA to justify withholding safety information it doesn’t actually protect.
What Non-Compliance Costs
Institutions that fail their Clery obligations face financial penalties from the Department of Education. As of January 2025, the maximum fine is $71,545 per violation, adjusted annually for inflation.10Federal Register. Adjustment of Civil Monetary Penalties for Inflation A single investigation can turn up dozens of violations, so aggregate exposure can reach into the millions. The Department can also suspend or terminate eligibility for federal student aid, which for most schools would be existential.
Title IX enforcement runs on a different track. The Department of Education’s Office for Civil Rights investigates complaints and conducts compliance reviews. Federal agencies must seek voluntary compliance before pursuing administrative action. If negotiations fail, the agency can move to suspend or terminate federal funding or refer the matter to the Department of Justice for litigation.1Office of the Law Revision Counsel. 20 USC 1092 – Institutional and Financial Assistance Information for Students Funding termination is treated as a last resort, but the threat of it gives the government real leverage during negotiations. Beyond federal enforcement, institutions that mishandle safety obligations face private litigation from affected students and lasting reputational damage.