Unlike some U.S. Department of Education (ED) requirements—most notably Title IX—the Clery Act’s mandates are rooted almost entirely in statute rather than regulation. This distinction is significant amid recent discussions about reducing reliance on regulatory enforcement in favor of statutory requirements. Every core requirement and disclosure under the Clery Act is grounded in 20 U.S.C. § 1092(f), with regulations like 34 CFR 668.46 clarifying terms without imposing additional substantive obligations.
Compliance
As part of the Higher Education Act of 1965, ED is expressly tasked with enforcing the Clery Act. The statute is unequivocal: under 20 U.S.C. § 1092(f)(14), the Secretary “shall impose” a civil penalty—currently $71,545 per violation in 2025, per the Federal Register, January 21, 2025—when, after due process, an institution is found to have “substantially misrepresented the number, location, or nature of the crimes required to be reported.” This mandatory penalty underscores the Act’s statutory weight.
Regulatory Clarification
The Clery Act mandates the Annual Security Report (ASR), requiring specific campus safety policy summaries, issuing timely warnings, and an explicit list of crime statistics—defined by the FBI’s Uniform Crime Reporting (UCR) program, the Violence Against Women Act (VAWA), and, for hazing, a statutory definition added in 2024. Regulatory clarifications, such as the interpretation of “publication” to include online dissemination (saving institutions from printing thousands of ASRs), are practical enhancements dating back to at least 1999. These regulations support compliance without expanding the statutory framework.
Bipartisan Support
Congressional support for the Clery Act remains robust. In the last Congress, Speaker Johnson’s House Antisemitism Staff Report (December 19, 2024) recommended that the “Executive Branch should ensure rigorous adherence to the Clery Act and issue fines to noncompliant universities” (Ways and Means Press Release). Additionally, Congress unanimously amended the Act to include hazing and modernized its name to the “Jeanne Clery Campus Safety Act,” reflecting bipartisan commitment to its statutory goals.
Statutory Enforcement
Even as ED faces broader policy shifts—such as the February 19, 2025, Executive Order to reduce regulatory overreach (White House Fact Sheet)—the Clery Act’s statutory foundation remains unshaken. The Executive Order prioritizes “lawful” enforcement aligned with statutes, not regulatory expansions, aligning with Congressional calls for Clery Act rigor. Institutions must continue collaborating to comply, and ED is expected to enforce these statutory mandates.
At SAFE Campuses, LLC, we see the Clery Act enduring as a solid bedrock for public safety in higher education, grounded in law and reinforced by bipartisan support. Contact us to learn how we can support your campus safety efforts.