Campus Misconduct Proceeding Outcome Notifications: A Title IX, Clery Act, and FERPA Compliance Blueprint

This Article analyzes and attempts to bring order to the interaction of Title IX and OCR’s current guidance thereunder, the Clery Act and its recent Campus SaVE Act amendments, and FERPA when an institution provides a complainant, respondent, or member of the general public notice of the outcome of a misconduct proceeding for any offense defined under those laws. This Article is limited in scope and does not address all confidentiality issues that may arise during a postsecondary misconduct investigation or hearing, such as the disclosure of investigative reports. Part I briefly summarizes Title IX, the Clery Act, and FERPA and explains the offenses defined under each of those laws. Part II creates original categories for those offenses based on which laws apply.

Part III explains outcome notification requirements for each of the offense categories. Part IV concludes that, despite a confusing web of applicable statutes, regulations, and guidance, a clear blueprint for compliance with outcome notification requirements emerges upon a careful and integrated reading of each.