Protecting students and campus communities: The criticality and enforcement of the Clery Act, Title IX, and the Violence Against Women Act

Colleges and universities are entrusted not only with academic instruction but also with fostering safe, equitable environments for students and staff. The Clery Act, Title IX, and the Violence Against Women Act (VAWA) are foundational laws that ensure institutions uphold these responsibilities.  

However, compliance with these laws is often fraught with challenges, and failure to adhere to them can lead to severe consequences, both legally and ethically.  

Today I’ll examine the importance of these acts, highlight examples of non-compliance, and outline best practices for enforcement.  

I’ll also evaluate the role of contractors in compliance and explain why it’s ultimately university administrators who should shoulder responsibility for these critical tasks. 

The Clery Act: Transparency in campus safety

Enacted in 1990, the Clery Act was born out of tragedy. After Jeanne Clery, a freshman at Lehigh University, was brutally raped and murdered in her dorm room in 1986, her parents discovered that the university had failed to disclose prior violent crimes on campus. Their advocacy led to legislation requiring transparency in campus crime reporting. 

The Clery Act mandates that federally funded colleges and universities publicly disclose campus crime statistics, security policies, and procedures. Its purpose is to empower students and parents with information and promote institutional accountability. 

Key Clery Act provisions:  

• Publish an Annual Security Report (ASR) detailing crime statistics from the past three years.
• Issue timely warnings about threats to campus safety.
• Maintain a publicly accessible daily crime log.
• Offer victims specific rights under the Campus Sexual Assault Victims Bill of Rights. 

Notable failures in Clery Act enforcement 

Michigan State University (MSU)

In 2019, MSU faced a $4.5 million (USD) fine for Clery Act violations tied to Larry Nassar’s abuse of hundreds of athletes. The university failed to maintain accurate crime records and did not notify the campus community of ongoing threats, enabling Nassar’s abuse to persist for decades. 

Liberty University

In 2024, Liberty University was fined $14 million (USD) for substantial violations, including failing to maintain accurate crime logs, issue timely warnings, and provide sexual violence prevention resources. These failures highlighted systemic compliance gaps. 

Best practices for Clery Act compliance

• Accurate reporting: Institutions should implement centralized systems to track and audit crime data.
• Mandatory training: Regular training for campus security, administrators, and staff ensures adherence to federal guidelines.
• Technology integration: Automated systems can streamline reporting and improve data accuracy.
• Community engagement: Transparency with students and staff fosters trust and reinforces safety efforts. 

Title IX: Promoting gender equity

Title IX, part of the Education Amendments of 1972, prohibits sex-based discrimination in federally funded educational programs. Initially focused on gender equity in athletics, its scope has expanded to address sexual harassment, assault, and gender-based violence. 

In practice, Title IX requires institutions to: 

• Adopt policies to address sexual misconduct
• Designate a Title IX coordinator
• Ensure fair grievance procedures for all parties 

Notable failures in Title IX enforcement

University of Southern California (USC)

USC mishandled complaints against campus gynecologist Dr. George Tyndall, who sexually abused students for decades. Institutional failures to investigate properly led to a $1.1 billion (USD) settlement. 

Baylor University

Baylor ignored allegations of sexual assault involving student-athletes. A culture of protecting its athletics program over student safety resulted in federal investigations and costly settlements. 

Best practices for Title IX enforcement

• Prompt and impartial investigations: Cases should be addressed swiftly and equitably.
• Qualified coordinators: Title IX coordinators must receive comprehensive training and adequate resources.
• Accessible reporting mechanisms: Anonymous reporting tools encourage survivors to come forward.
• Transparent policies: Institutions must clearly communicate grievance procedures to all campus members. 

The Violence Against Women Act (VAWA): Addressing gender-based violence

Passed in 1994, VAWA aims to combat domestic violence, sexual assault, stalking, and dating violence. On campuses, its Campus SaVE (Sexual Violence Elimination) provision, added in 2013, expanded protections for students, requiring educational programs and enhanced survivor support. 

Key VAWA provisions include: 

• Mandatory prevention and awareness campaigns
• Written information on survivors' rights and resources
• Fair disciplinary procedures for cases of sexual violence 

Notable failures in VAWA enforcement 

Baylor University

In addition to Title IX issues, Baylor failed to meet VAWA requirements for prevention programs and survivor resources, exacerbating its campus safety crisis. 

Liberty University

Liberty University's inadequate sexual violence prevention efforts further violated VAWA, compounding its non-compliance issues. 

Best practices for VAWA enforcement

• Prevention education: Require universal training on sexual violence prevention for students and staff.
• Survivor advocacy: Provide accessible counseling, legal resources, and advocacy services.
• Collaboration with law enforcement: Strengthen partnerships with local authorities for improved investigations.
• Cultural change: Promote zero-tolerance policies and awareness campaigns to address systemic issues. 

Why compliance reporting should be handled by university administrators

While contractors may provide guidance and expertise, it’s university administrators who must ultimately oversee compliance for the Clery Act, Title IX, and VAWA. That’s because administrators possess the institutional knowledge, authority, and accountability required to ensure comprehensive and consistent compliance. 

For instance: 

• Administrators can drive systemic change and integrate compliance into campus culture. In other words, they are responsible for institutional accountability.
• Authority to act: They have the power to allocate resources and enforce compliance measures.
• Continuity: Unlike external contractors, administrators offer institutional memory and long-term consistency. 

Should contractors accept compliance responsibility?

Contractors considering compliance roles must assess the associated risks. These roles often carry significant liability and require deep familiarity with regulations, institutional policies, and campus culture. Again, while contractors can support compliance, ultimate responsibility should rest with the institution. 

Conclusion

The Clery Act, Title IX, and VAWA are vital tools for fostering safety, equity, and accountability on college campuses. However, their effectiveness hinges on vigilant enforcement, adequate funding, and the commitment of university leadership. While external contractors can provide valuable expertise, administrators must take primary responsibility for compliance to ensure that these protections are not only legal obligations, but core institutional values. 

Through transparency, comprehensive training, and a survivor-centered approach, colleges and universities can fulfill their moral and legal duty to protect students and foster thriving communities. Get in touch with GardaWorld Security to learn how we can help.