DEVELOPING A CLERY
COMPLIANCE
COMMITTEE
KIRK M FITCH
DIRECTOR OF CLERY COMPLIANCE
NAU POLICE DEPARTMENT
YOU MAY FEEL LIKE THIS AFTER YOUR FIRST
MEETING!
CLERY ACT COMPLIANCE BACKGROUND
• The Clery Act has been amended 6 times during it’s 25 year
history.
• Campuses continue to struggle with understanding and
complying with the law.
• Only a few campuses have been found to be in compliance by the
Department of Education (ED)
• Clery Act compliance is a nuanced and complex process, that
requires institutional coordination, awareness and education.
KEY CONSEQUENCES OF NON-COMPLIANCE
• Fines of $35,000 per violation
• Department of Education Audit
• Negative media attention
PROACTIVE/REACTIVE APPROACH
• Eastern Michigan Uni. (EMU) was fined $350,000 by DOE for Clery Act
violations
• They now have approximately 20 staff members assigned to their Clery
Compliance Committee
• GRAND TOTAL = $3,870,500 & negative press attention. (DOE Fine,
severance packages, settlements and investigative firm fees.)
• Penn State Uni. (PSU) – Freeh Report
• Many University employees interviewed by Freeh were unaware of their
CSA status or responsibilities under the Clery Act. Problem?
• They now have a Clery Compliance Committee…
WHY DOES MY INSTITUTION NEED A CLERY
COMPLIANCE COMMITTEE?
• A collaborative approach should be used by each institution to
manage compliance with this federal requirement.
• It is unrealistic for an institution of higher education to expect to
comply with the plethora of requirements of the Clery Act
without engaging and involving the appropriate campus
personnel in the institution’s compliance activities (20 years ago
this was possible: today it is not).
MISCONCEPTIONS
• The Clery Act pertains mostly to crime statistics; it’s a Police Department
responsibility, right?
• The Truth: Reporting crime statistics is a small percentage of what must be
reported. Institutions must:
• Publish an Annual Security Report
• Publish an Annual Fire Safety Report (if the campus has Residential
Facilities)
• Policy Statements
• Fire Statistics
• Fire Systems
• Crime Statistics
OVERVIEW OF CLERY ACT COMPLIANCE
• Geography
• Crime Statistics: Counting and Classifying
• Crime Statistics: Collecting them
• The Daily Crime Log
• Emergency Notification and Timely Warnings
• Policy Statements
• Annual Security Report / Annual Fire Safety Report
• Missing Students
• Fire Safety Disclosures
• The Fire Log
• Fire Statistics
THE “CHARGE” OF THE CLERY COMPLIANCE
COMMITTEE
• The Clery Compliance Committee should be charged with a
primary function of identifying and evaluating processes,
procedures and practices to manage compliance with the Clery
Act.
• The Committee should also be responsible for assigning the
development of each policy statement requirement to the
appropriate department and for reviewing the policy statements
for accuracy prior to publication of the Annual Security and Fire
Safety Report
WHO SHOULD BE INVITED TO PARTICIPATE ON
YOUR INSTITUTION’S CLERY COMPLIANCE
COMMITTEE?
• Police Department
• Risk Management (Fire Safety)
• General Counsel’s Office
• Human Resources
• Compliance and Internal Audit
• Admissions
• Student Conduct
• Athletics
• Dean of Students
• Study Abroad Office
• Student Activities/Fraternity & Sorority Life
• Title IX Coordinator
• Residence Life and Housing
• Director of Student Health
• Environmental Health and Safety
• Provost/Academic Affairs Office
• Real Estate Office
WHEN TO CONVENE THE COMMITTEE
• Adjust the frequency to suit your institutions needs.
• Some committee members may need to convene on a
monthly basis.
• Others members may need to attend meetings once or
twice a year.
• Customize meeting schedules and attendees appropriate
to the scope and size of your compliance activities.
EXAMPLES OF COMMITTEE AGENDA TOPICS
• Identifying Your Institution’s Campus Security Authorities
• Training the Campus Security Authorities
• Classifying and Counting Statistics
• Campus geography – create a Clery Map
• Creating an all inclusive list of institution property
• Identifying Clery reportable crime categories
• Assessing state laws/local ordinances for liquor, drug and
weapon law offenses.
EXAMPLES OF COMMITTEE AGENDA TOPICS
• Discussing Non-campus locations
• Short stay away trips (Athletics, Student Orgs., etc.)
• Study Abroad
• Domestic Travel
• One person/department usually does not know of all of the
above locations used by the institution.
• Annual Security & (Fire Safety) Report preparation and review.
• There are now over 111 required policy statements that must be
included in the ASFSR.
• Share the draft report with key departments to ensure accuracy.
EXAMPLES OF COMMITTEE AGENDA TOPICS
• Emergency (Immediate) Notification Requirements
• Timely Warning Notice (TWN) Requirements
• Discuss issuing a TWN for non-stranger rape reports.
• Missing Person Reporting and Notification Requirements
• Daily Crime Log and Daily Fire Log
EXAMPLES OF COMMITTEE AGENDA TOPICS
• Institutional records retention as required by the Clery
Act.
• Distribution of Compliance Documents to Current
Students/Employees.
• Distribution of Compliance Documents to Prospective
Students/Employees.
EXAMPLES OF COMMITTEE AGENDA TOPICS
• Addressing Clery Act Updates
• Monitoring lessons learned
• Reviewing Final Review Determination Reports published
by ED
• Other institutional procedures and practices, such as
creating forms to document activities.
QUESTIONS?
•
Sources:
•
D. Stafford & Associates
•
Federal Register
•
Department of Education
•
L. Freeh Report