Clery Act Descriptions

No. The Title IX regulations, at 34 C.F.R. § 106.44(a), state that a recipient’s “education program or activity” includes “any building owned or controlled by a student organization that is officially recognized by a postsecondary institution.” At page 30197 of the Preamble to the regulations, the Department explains: We note that the revision in § 106.44(a) referencing a “building owned or controlled by a student organization that is officially recognized by a postsecondary institution” is not the same as, and should not be confused with, the Clery Act’s use of the term “noncampus building or property,” even though that phrase is defined under the Clery Act in part by reference to student organizations officially recognized by an institution. For example, “education program or activity” in these final regulations includes buildings within the confines of the campus on land owned by the institution that the institution may rent to a recognized student organization. As discussed in the “Clery Act” subsection of the “Miscellaneous” section of this preamble, the Clery Act and Title IX serve distinct purposes, and Clery Act geography is not co-extensive with the scope of a recipient’s education program or activity under Title IX.