Campus safety professionals, compliance officers, and university leaders—listen up. Amid the whirlwind of changes at the U.S. Department of Education (ED), one thing remains rock solid: the Jeanne Clery Campus Safety Act’s statutory obligations. Despite President Donald Trump’s anticipated executive order to abolish ED the Jeanne Clery Campus Safety Act endures as a legal mandate, ensuring transparency and safety on college campuses. Here’s what you need to know to stay compliant and keep your campus secure.
The Jeanne Clery Campus Safety Act: A Statutory Cornerstone
Enacted by Congress in 1990 and codified at 20 U.S.C. § 1092(f), the Jeanne Clery Campus Safety Act (Clery Act) requires colleges and universities participating in federal financial aid programs to report campus crime statistics, maintain safety policies, and provide timely warnings of threats. Named after Jeanne Clery, a student tragically murdered in 1986, this law is a bedrock of campus safety—rooted in federal statute, not executive discretion. As of December 23, 2024, with the enactment of the Stop Campus Hazing Act, the law was officially renamed the Jeanne Clery Campus Safety Act to reflect its expanded focus on campus safety, including hazing prevention.
Unlike executive orders, statutory laws like the Jeanne Clery Campus Safety Act can only be altered or repealed through congressional action. Given the current political climate, with a divided Congress and strong bipartisan support for campus safety, such changes are highly unlikely. Also as Secretary Linda McMahon assured Senator Bill Cassidy on March 11, 2025, ED will continue fulfilling its statutory obligations, including Jeanne Clery Campus Safety Act enforcement, despite recent workforce reductions and the proposed department shutdown.
ED Changes: What’s Happening Now?
On March 19, 2025, USA Today reported that President Trump plans to sign an executive order directing Education Secretary Linda McMahon to take “all necessary steps to facilitate the closure of the Department of Education and return education authority to the States”. This follows significant layoffs announced on March 11, 2025, cutting nearly 50% of ED’s 4,400 employees—reducing the workforce from approximately 4,133 to 2,183 after voluntary separations and buyouts.
What the Jeanne Clery Campus Safety Act Requires: Your Ongoing Duty
Regardless of ED changes, institutions must continue complying with the Jeanne Clery Campus Safety Act’s key provisions, outlined in 20 U.S.C. § 1092(f):
- Annual Crime Statistics: Submit and disseminate crime data by October 1 each year, making it publicly available (20 U.S.C. § 1092(f)(5)).
- Enforcement and Penalties: Avoid misrepresenting crime data, as ED can impose civil penalties under 20 U.S.C. § 1094(c)(3)(B) for substantial inaccuracies (20 U.S.C. § 1092(f)(14)).
- Technical Assistance: Request support from ED if needed, as it remains available per 20 U.S.C. § 1092(f)(10).
- Congressional Reporting: Ensure compliance, as ED reports non-compliant institutions to Congress under 20 U.S.C. § 1092(f)(12) and 20 U.S.C. § 1092(f)(16).
- Best Practices: Adopt evidence-based safety policies for emergencies, domestic violence, sexual assault, and stalking, guided by ED resources under 20 U.S.C. § 1092(f)(17).
These obligations ensure transparency and safety, protecting students and staff regardless of federal restructuring.
Challenges and Legal Uncertainties
Trump’s executive order, set to be signed on March 20, 2025, directs McMahon to close ED while maintaining “uninterrupted delivery of services, programs, and benefits” per USA Today reporting. However, eliminating ED entirely requires congressional action, which is unlikely given Democratic opposition and uncertainty among moderate Republicans. Legal challenges are expected, as previous Trump administration attempts to shut down agencies like USAID were blocked by federal courts.
The order also bans ED-funded programs from advancing diversity, equity, and inclusion (DEI) or gender ideology, but it explicitly preserves funding for students with disabilities, low-income schools, and student loans. How Jeanne Clery Campus Safety Act enforcement fits into this framework remains unclear. SAFE Campuses, LLC is closely monitoring for any changes in implementation and enforcement.
What This Means for Your Campus
As a campus safety leader, your priority is clear: maintain Jeanne Clery Campus Safety Act compliance. Here’s how to stay on track:
- Continue Reporting: Submit annual crime statistics by the October 1 deadline, ensuring accuracy to avoid penalties.
- Seek Support: Use ED technical assistance while available, as outlined in 20 U.S.C. § 1092(f)(10).
- Adopt Best Practices: Leverage SAFE Campuses resources and ED guidance to enhance safety policies.
- Monitor Updates: Stay informed about ED changes and any shifts in enforcement responsibility, especially as the shutdown plan progresses.
The Jeanne Clery Campus Safety Act’s statutory foundation means it’s not going anywhere—Congress, not the executive branch, holds the power to change it. Your commitment to transparency and safety ensures students and staff remain protected, no matter the federal landscape.
Conclusion: Safety First, Always
The Jeanne Clery Campus Safety Act stands firm as a statutory duty, unaffected by ED’s proposed closure. While President Trump’s executive order and recent layoffs create uncertainty, Secretary McMahon’s assurances and the law’s congressional roots provide stability. Institutions must remain vigilant, continuing to report crimes, seek assistance, and prioritize safety. Together, we can uphold Jeanne Clery’s legacy and keep campuses secure.
