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SECTION D · THE CRIMINAL OVERLAP · D08

The report about your case goes into a federal statistic.

The Clery Act requires universities to log crimes, publish annual statistics, and issue timely warnings to the campus community. That machinery runs independently of your Title IX case and independently of any criminal investigation - and it can put a description of the incident, sometimes recognisable, in front of your entire campus within hours.
THE PART THAT SURPRISES PEOPLE
A timely warning can be issued before you have been interviewed, before any finding, and before charges exist. It is a safety notice, not a determination - but it is read as one.
WHICH RULES GOVERN YOUR CASE The 2020 Title IX regulations. The 2024 rewrite was vacated and does not apply.
RULE TRACKER →
THE BRIEFING · THE CLERY ACT AND CRIMINAL EXPOSURE

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act is a transparency statute. It obliges institutions receiving federal funding to collect and publish crime data, maintain a public daily log, and warn the community about serious or continuing threats. It says nothing about respondents, and it affects them considerably.

The timely warning problem.

When a reported offense represents a serious or continuing threat, the institution must issue a timely warning to the campus community. These go out quickly - frequently the same day - and often before the respondent has been interviewed, let alone found responsible. Names are withheld, but the combination of date, building, and a brief description is enough to identify a person on most campuses. The narrative about your case can therefore be set campus-wide before any process has begun.

Campus security authorities, and the reporting cascade.

Clery requires reporting by campus security authorities, a category far broader than police: coaches, resident advisers, student organisation advisers, deans, and many faculty members. The practical effect is that a student who discloses something to a trusted adult has frequently made a report. Cases open without a complainant having filed anything, and respondents are left responding to a process nobody appears to have initiated.

Records that follow the case.

The daily crime log and the underlying incident reports are records. They can be obtained, they are read by prosecutors, and they establish an early institutional account of the incident - written by whoever took the first call, often before anyone had complete information. Inconsistencies between that first record and later accounts cut in both directions, which makes obtaining it early genuinely useful.

The police relationship disclosure.

One item in the annual security report is worth reading in every case: the required disclosure of the institution’s working relationship with state and local law enforcement, including whether a written memorandum of understanding exists. That document frequently reveals that serious allegations were always going to be referred out - which reframes what an early conversation with campus officers actually was.

What we do about it.

We obtain the log entry and any incident report early, because the first institutional account matters. We assess whether a timely warning was issued and what it disclosed. We map who the campus security authorities were in the chain, since that often explains how the case began. And we treat everything in the Clery apparatus as discoverable material in the criminal track - because it is.

Why you should call us.

If you are scrolling through search results trying to find someone to defend you, your search is over. You have found Spodek Law Group P.C. - and we are not your average defense firm. We know a thing or two about defending the accused in campus cases - and in the criminal courts that run alongside them. Over 50 years of combined experience, some of the toughest cases in the country, and we have come out on top. We have seen it all, and we empathise with you. We understand how frightening this is, and we have a legal team who can fight and win.

Unlike other attorneys who care about their reputation with the administrators and the prosecutors, our only goal is getting you the best outcome. We owe loyalty to only you. Our lawyers listen to you, your fears, and your goals. We care about your story, and that is where the work begins - by understanding and listening to you.

On billing, we are transparent about our fees, and there are no surprises. Choosing a lawyer is a big deal and cost is a real issue, so we are committed to being your champion irrespective of your ability to pay. Our firm has a simple belief: lawyers should only take on clients whom they can truly help. Many firms are mills that take every case through the door. We do not.

Working with us starts with a risk-free consultation, in person or over the phone. You can ask us anything, for as long as it takes, and we encourage you to ask the tough questions. We are available 24/7, we practise coast to coast, and every client has direct access to a partner. Call 212 300 5196 - an attorney answers.

GENERAL INFORMATION, NOT LEGAL ADVICE. YOUR SCHOOL’S POLICY AND YOUR FACTS DECIDE EVERYTHING - AND THE CONSULTATION IS FREE. Skip reading - just call →
WHAT CLERY ACTUALLY REQUIRES
Six obligations, none of them about you.
Understanding the machinery matters, because the obligations are the institution’s and the consequences land on the respondent.
DUTY 01
The daily crime log
Reported offenses logged by nature, date, time, and general location, available for public inspection.
PUBLIC RECORD
DUTY 02
Annual security report
Statistics for the prior three years, published each autumn, including sexual assault and stalking.
AGGREGATE
DUTY 03
Timely warnings
Issued for serious or continuing threats. Sent campus-wide, often the same day, sometimes with detail.
FAST AND PUBLIC
DUTY 04
Emergency notification
A separate obligation for immediate threats. Different threshold, same speed.
IMMEDIATE
DUTY 05
Campus security authorities
A broad category of employees required to report - coaches, RAs, advisors, many faculty.
WIDER THAN POLICE
DUTY 06
Police relationship disclosure
The written arrangement with local law enforcement must be disclosed in the annual report.
OBTAIN IT
Why the reporting web matters to you. Campus security authority obligations mean a conversation with a coach, an RA, an advisor, or a professor is frequently a report. Students disclose in confidence to someone who is legally required to pass it on, and the file opens without any complaint having been filed.
WHERE THE EXPOSURE COMES FROM
Four ways Clery reaches you.
None of these is punitive by design. All four have consequences a respondent has to manage.
01Identifiable warnings
Statutes require withholding names, but date, location, and description can identify a respondent on a small campus within minutes.
02The record trail
Log entries and reports are records. They are obtainable, and they are read by prosecutors.
03Mandatory reporting cascade
A disclosure to one employee triggers institutional process you did not choose to start.
04Reputational fact pattern
Once a warning circulates, the campus narrative is set before any process has run.
KEEP READING · THE TITLE IX SET
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Todd A. Spodek, Managing Partner
FIG. - THE PRINCIPAL
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