Filed Under: Clery
How would a complainant’s request to dismiss, or a postsecondary institution’s decision to dismiss, a formal complaint of sexual harassment under Title IX affect the postsecondary institution’s responsibility under the Clery Act?
A complainant’s request to dismiss or a recipient’s decision to dismiss a formal complaint of sexual harassment under Title IX does not affect a postsecondary institution’s obligations under the Clery Act, if the Clery Act applies to the institution. The Title IX regulations do not change a postsecondary institution’s responsibilities under the Clery Act. At page 30511 of the Preamble to the Title IX regulations, the Department states: “These final regulations do not change, affect, or alter any rights, obligations, or responsibilities under the Clery Act.”