Understanding the Scope of
Privacy And Disclosure Laws
PRESENTATION BY
Saundra K. Schuster, J.D.
W. Scott Lewis, J.D.
Lee Bird, Ph.D.
John Wesley Lowery, Ph.D.
For the 2011 Association for Student Conduct
Administration Donald D. Gehring Academy
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Used with permission on October 7, 2011.
Please do not duplicate.
(c) 2011 all rights reserved
Privacy Laws
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Privacy v. Confidentiality
Red Flag Rules
State Privacy laws
HIPAA
Family Educational Rights & Privacy Act (34 CFR 99)
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RED FLAG RULES
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Red Flag Rules Overview
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 The
Red Flag Rule, enforced by the Federal Trade
Commission, has been in effect since January 1, 2008, it’s a
component of the FACT Act
 Adds to compliance regs from Dept. of Ed (FERPA & Clery),
Health and Human Services (HIPAA), Dept. of Labor (Fed.
Employment and Discrimination laws).
 The implementation date was December 31, 2010
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Red Flags & Current Security Protocol
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Institutions maintain protocol and procedures to
address privacy of student and employee records,
applying state and federal privacy laws such as
FERPA & HIPAA
Data security also plays an essential role in keeping
people’s information protected
Red Flag Rule picks up where data security leaves
off, by working to prevent identity theft by insuring
your institution has appropriate practices and
protocol to identify risks and procedures to address
those risks.
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What It Means To You
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As an employee of your institution, it is essential that
all the necessary steps are taken to protect other
employees and students from identity theft and be
there for them, should an instance of identity theft
occur.
FTC is not currently doing compliance checks, but upon
receipt of a complaint will launch an investigation,
review your plan and determine if it was reasonable
Authority to issue fines up to $16,000 per incident for
incidents going back to June 1, 2010
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Identifying “Red Flags”
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 If
you handle personally identifying information about
students or staff you must identify the following means to
provide identity protection:
 Types of files or information sources you maintain that
contains personally identifiable information
 Methods used to create a file that contains P.I.I.
 How do you provide access to that information
 How is the information kept up to date?
 What type of protections are in place for sensitive
folders, files, programs?
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What About HIPAA?
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How do you know if HIPAA applies to your campus
health or counseling service?
Conduct a 2-Level Analysis
1. Does your counseling service or health service transmit
electronic data about patients, such as health insurance or
billing information? If not HIPAA will not apply. If so, then
ask….
2. Does your counseling or health services treat students only,
or other community members as well?
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More on HIPAA
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If you treat only students, HIPAA does not apply
If you treat other community members, HIPAA will
apply
Here’s why…if you only treat students, the Dept. of Ed.
has stated that FERPA is the governing law for privacy
of these records, not HIPAA
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HIPAA & FERPA
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If FERPA is the governing law for counseling and/or health
service records, we recognize that FERPA specifically exempts
health and counseling treatment records from the definition of
education records protected by the Act.
Thus, while FERPA is the governing privacy law of the records
in general, for treatment records your state statutes on
privilege of health and mental health records and your
professional ethical requirements imposed by licensure will
govern the manner in which they are released.
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FERPA REVIEW
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FERPA Review
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The Family Educational Rights and Privacy Act (aka the “Buckley
Amendment”) Est. 1974
Codified at 20 USC §1232g
The purpose of the Act is to:
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Protect the privacy of student education records
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Establish guidelines for the release of student records
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Establish the right of students to inspect and review their
education records
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Provide guidelines for the correction of inaccurate and
misleading data
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FERPA
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THIS ACT IS ENFORCED BY THE
FAMILY POLICY COMPLIANCE OFFICE,
U.S. DEPARTMENT OF EDUCATION,
WASHINGTON, D.C.
http://www.ed.gov/offices/OM/fpco
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Review of Basic Terms
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“EDUCATION RECORD”
Any Record, (with certain exceptions)
 Directly related to a student
 A “student” is any individual who is or has been in attendance
at an educational institution
 Students do not include applicants until they are admitted—
then FERPA reaches back
 “Directly related” means that it contains personally identifiable
information
and
 Maintained by an educational agency or institution, or by a party
acting on behalf of the agency or institution
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Review of Basic Terms
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“Education Record”
Any information recorded in any way, including written, print,
computer media, video, audio tape, film microfilm, photos (the
manner or form is irrelevant)
Exceptions – What’s NOT a FERPA Record:
 Sole possession records
 Law enforcement unit records
 Employment records
 Except: records of individuals who are employed as a result
of their status as students are education records.
 Medical Treatment records
 Alumni records
 Grades on peer graded papers
 Information that is not recorded anywhere other than in your
brain (personal knowledge)
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Review of Basic Terms
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“School Official”

Must be defined by the institution, can be:
 An individual employed by the college in an administrative,
supervisory, academic, research, or support staff position
(including law enforcement and health staff personnel)
 Appointed to the Board of Trustees
 Employed by or under contract to the college to perform a
special task such as the attorney, auditor, or collection agency
 A student serving on an official committee, such as a
disciplinary or grievance committee, or assisting another
school official in performing his or her tasks.
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Review of Basic Terms
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“Legitimate Educational Interest”
Must be defined by the institution, is considered to be the demonstrated
need to know by those officials who act in the student’s educational
interest, including: faculty, administration, clerical and professional
employees, and other persons who manage student record information..
Directory Information”
Information designated by the institution that can be released without the
student’s consent and without notifying the student in advance. This is
information that is generally not considered harmful or an invasion of
privacy if disclosed. These categories must be determined by the
institution and appropriate notice provided to the students annually of
what is contained in Directory Information. Students must be provided an
opportunity to “opt out” of release of directory information
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When May You Release FERPA
Information?
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Always with a signed, dated written consent of the student
 That specifies what records are being disclosed
 That states the purpose for the disclosure
 That states to whom they may be disclosed
WHAT ABOUT WITHOUT WRITTEN CONSENT?
1. Directory Information (if the student hasn’t opted out)
2. To school officials with a legitimate educational interest
3. Disclosure to another school where the student seeks or intends to
enroll, or is already enrolled (if related to enrollment or transfer)
 Must give student notice of intent to provide information, can do so in
annual notice
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When May You Release FERPA
Information?
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4.
5.
6.
7.
Disclosure is to student
Disclosure to parents of a dependent student
For a health or safety emergency
To parents when a student under 21 has violated drug
or alcohol rules
8. Disclosure (to anyone) of the final results of a discipline
hearing for a crime of violence or non-forcible sex
offense when the student has been found in violation.
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The disclosure is limited to the name of the student, the
nature of the violation and any sanctions
WHAT MUST YOU INCLUDE WITH THESE RELEASES?
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When MUST You Release FERPA
Information?
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1. To comply with a judicial order or lawfully issued
subpoena
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You must make a reasonable effort to notify the student in
advance of compliance unless the order specifies not to
provide notice
2. The disclosure is to a court in the context of a lawsuit
that the student brought against the institution or that
the institution brought against the student

Or when a student initiates adversary proceeding before
a government agency with the power to take action
against the institution
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When MUST You Release FERPA
Information?
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3. The final results of a discipline hearing of a crime of
violence or non-forcible sex offense, regardless of the
decision, to the next of kin of a victim, if the victim is
deceased, when requested in writing.
4. The final results of a discipline hearing to a victim of a
sex offense, regardless of the outcome
5. Disclosure is in connection with financial aid, to determine
a student’s eligibility.
6. To accrediting organizations
7. To state or federal education authorities for audits
8. Disclosure of information provided to the institution
regarding sex offenders
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Common Questions
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Who has the rights to a FERPA record? Any limits?
What about to spouse of dependent?
Can a student provide consent, via e-mail, for a
school to release records to a third party?
Must we provide student a copy of their own FERPA
record?
When are you limited on release of Directory
Information?
Why do you care so much about FERPA?
Do HIPAA regulations override FERPA?
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WHAT’S NEW WITH FERPA
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Changes to FERPA
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New Definitions §99.3
Directory Information §99.37
Disclosures §99.5
Changes to “School Officials” §99.31
Information to new school §99.31(a)(2)
Organizations Conducting Studies §99.31(a)(6)
Ex-parte orders §99.31(a)(9)(ii)
Registered sex offenders §99.31(a)(16)
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Changes to FERPA
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De-identification of information §99.31(b)
Identification and Authenticity §99.31(c)
Re-disclosure of education records §99.33
Recordkeeping requirements §99.32
Health and Safety Emergency §99.36
Enforcement provisions §99.62, §99.64, §99.65,
§99.66, §99.67
Safeguarding recommendations (Preamble)
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New Definition: Education Record
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The final regulations clarify that records that pertain
to an individual’s previous attendance as a student
are “education records”, regardless of when they
were created or received by the institution
The final regulations create an exception to the
definition that specifically excludes grades on peergraded papers before they are collected and
recorded by a teacher.
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New Definition: Attendance
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Previously, attendance referenced all those in
attendance in person or by correspondence.
The definition has been expanded to include
“students who “attend” classes but are not physically
present, including by videoconference, satellite,
internet or other electronic information
telecommunications and technologies”
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New Definition: Directory Information
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Student ID numbers may be disclosed as directory
information if they qualify as electronic identifiers, so
that it will prevent attaching the identifiers to student
names on sign-in sheets, etc. and using them to post
grades
Teachers that post grades publicly will have to use a
code known only to the teacher and the student.
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Directory Information
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Use of Social Security Numbers
 The final regulations prohibit the use of an SSN as an
identification element when disclosing or confirming
directory information unless the student has provided
written consent for the disclosure
Former Students
 The final regs require schools to honor a former student’s
opt-out request made while in attendance unless
specifically rescinded
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Directory Information
Student Identification and Communication in Class
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The new regulations provide that an opt out of
directory information does not prevent a school from
identifying a student by name or from disclosing a
student’s electronic identifier or institutional email
address in class
In other words, a student’s right to opt out of
directory information disclosure does not include a
right to remain anonymous in class and may not be
used to impede routine classroom communications and
interactions.
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New Definition: Electronic Personal
Identifiers
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An electronic identifier, using a PKI infrastructure for
encryption and digital signatures, may be used as
directory information only if the identifier itself
functions as a name only and cannot by used by itself
to authenticate identity or gain access to student
education records.
The electronic identifier must be applied in
combination with a secret password or PIN to
authenticate the user’s identity
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Disclosures to Parents
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
The final regulations clarify that disclosures to parents
are permissible without the student’s consent under any
of three exceptions:
1.
2.
3.
To the parents of a dependent student under any
circumstance §99.31(a)(8)
Even if not a dependent, an institution may disclose the
education record under the alcohol or controlled
substance exception (§99.31(a)(15)
In connection with a health or safety emergency
§99.31(a)(10)
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Disclosures to School Officials
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
The final regulations expand the “school official”
exception to include contractors, consultants, volunteers,
and other outside service providers used by an
institution to perform institutional services and functions
 The
outside service provider that is given access under
this provision must be under the direct control of the
disclosing institution and subject to the same conditions on
the use and re-disclosure provisions that govern other
school officials
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Disclosures to School Officials (cont.)
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The institution may not disclose education records to outside service
providers under this exception unless it has specified in its annual
FERPA notification that the institution used consultants, contractors, etc
as school officials to provide certain institutional functions and
services
 The designated service provider may not re-disclose information
without consent unless the institution has identified an exception
In addition to requiring the institution to have direct control over its
outside service providers, the disclosure is only permitted if the
institution is outsourcing a service it would otherwise provide using
their own employees
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Disclosures to School Officials (cont.)
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The final regulations specifically state that State
educational authorities that operate State longitudinal
data systems are not “school officials” under this exception
and that disclosures to these State systems must come
under the “audit” or “evaluation” function exception to be
permissible
The final regulations specify that an institution may
disclose education records without consent to its own law
enforcement unit, if the unit is designated as a school
official, but not to outside police officers.
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Controlling Access to Education Records
by School Officials
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The final regulations require institutions to use
“reasonable methods” to ensure that school officials
(including outside service providers) obtain access to
only those education records (paper or electronic) in
which they have legitimate interests.
Institutions must apply physical or technological
controls to protect education records against
unauthorized access.
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Controlling Access to Education
Records by School Officials
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Under the final regulations, institutions may forego
physical or technological controls and rely on
administrative policies for controlling access to the
records by school officials. If they choose this method
they must ensure that their administrative policy is
effective and that they remain in compliance with the
“legitimate educational interest” requirement for
accessing records.
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Student’s New School
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The final regulations clarify that the authority to disclose
or transfer education records to a student’s new school
does not cease automatically the moment a student has
enrolled and continues to any future point in time so long
as the disclosure is for purposes related to the students
enrollment or transfer.
This means that a school may disclose any records or
information, including health or disciplinary records, that
the school could have disclosed when the student was
seeking or intending to enroll in the new school
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Ex-Parte Orders
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Under the final regulations, institutions are allowed to
make disclosures to requests via an ex-parte order
without the consent or notice to the student that would
otherwise be required under §99.31(a)(9)
An institution that is served with an ex parte order
(usually by the Attorney General) should ensure that
the order is facially valid, however you are not
required (or allowed) to examine the underlying
certification of facts that support the order
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Registered Sex Offenders
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The Sex Crimes Prevention Act (Wetterling Act)
created a new exception to the consent requirement
in FERPA that allows institutions to disclose without
consent, information about a student who is a
registered sex offender listed through State sex
offender registration requirements
FERPA was also amended to state that institutions are
not required to collect or maintain information about
registered sex offenders
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Release of FERPA Information
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The new regulations provide objective standards to be
applied for removing personally identifiable information
about a student prior to release without their consent.
The new standards apply to both individual redacted
records and statistical information from education records in
both student level and microdata and aggregate form
Under the new regulations personally identifiable information
includes a student’s name and other direct personal
identifiers, such as the student’s SSN or student number, as
well as name of parents or other family members, student or
family’s address and personal characteristics that would
make the student’s identity easily traceable
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Release of FERPA Information
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The final regs. remove from the definition of PII the
reference to “other information that would make the
student’s identity easily traceable” because it was too
ambiguous
The new language states, “PII includes other
information that, alone or in combination, is linked or
linkable to a specific student that would allow a
reasonable person, who does not have personal
knowledge of the relevant circumstances, to identify
the student with reasonable certainty”
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Release of FERPA Information
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The final regulations add biometric records to the list
of personal identifiers, such as date and place of
birth, mother’s maiden name
The final regs define “biometric record” to mean a
record of one or more measurable biological or
behavioral characteristics that can be used for
automated recognition of an individual, including
fingerprints, retina and iris patterns, voiceprints, DNA,
facial characteristics and handwriting
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Release of FERPA Information
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The final regulations clarify that a party may not
release information from an education record if the
requester asks for the record of a particular student, or
if the party has reason to believe that the requester
knows the identity of the student
A party that releases either redacted records or
statistical information must consider other information
linked or linkable to the student, such as law
enforcement records, published directories, such that the
cumulative effect would disclose PII
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Identification and Authentication of
Identity
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The final regs. require an institution to use
reasonable methods to identify and authenticate the
identity of parents, students, school officials and any
other parties to whom they disclose education records
Since authentication of identity is more complex for
disclosure of electronic records, institutions may use
PINs, passwords, personal security questions, “smart
cards” and tokens known only by the user as
appropriate
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Redisclosure of Education Records –
Changes to Clery
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
Under the new regulations, any information that is
required to be released under Clery provisions, such as
the outcome of a discipline proceeding involving a
crime of violence or sex offense to the victim, may be
done without the requirement of notifying the recipient
of the information that he/she may not re-disclose the
information
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Health & Safety Emergencies
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The final regulations remove language from this
provision requiring “strictly construed” to circumstances
involving release of information for health or safety
emergency, and states that an institution may take into
account the “totality of the circumstances” pertaining to
a threat to the safety or health of the student or other
individuals.
The new regs state that if there is “an articulable and
significant threat” the information may be disclosed
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Health & Safety Emergencies
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In addition, the recordkeeping requirements have been
modified, now institutions must record a description of
the threat that formed the basis of the disclosure and
the parties to whom the information was disclosed.
If there is a rational basis for the threat determination
the D.O.E. will not substitute its judgment for that of the
educational agency who released the information
The regs were modified to include parents as an
“appropriate party” for release of information
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Enforcement Provisions
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The final regulations implement the enforcement
provisions stated by the U.S. Supreme Court in Gonzaga
University v. Doe (2002). The regs clarify that the FCPO
may investigate allegations that FERPA has been violated
that is brought by any party, including news media
reports.
The final regs also clarify that a complaint does not have
to allege the institution had a “policy or practice” of
violating FERPA in order to initiate an investigation, or
find the institution in violation.
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Disclosure Laws
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State Sunshine Laws
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HEOA Technology Laws
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Clery Act Laws
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Clery Act Review
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HISTORY OF CLERY
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The Jeanne Clery Disclosure of Campus Security Policy
and Campus Crime Statistics Act or Clery Act is a federal
statute codified at 20 U.S.C. §1092(f), with implementing
regulations in the U.S. Code of Federal Regulations at 34
CFR 668.46
The Act was established in 1990 and most recently amended
by the Higher Education Opportunity Act (HEOA) of 2008
The Act requires colleges who receive federal aid, to report
campus crime information to all students and employees, and
submit crime statistics to the Dept of Ed. by October 1 of
each year
There are a substantial number of additional reporting and
policy requirements to comply with this Act. This program
describes them & the new regulations
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5 MAJOR REQUIREMENTS
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An Annual Security Report containing safety and
security disclosures – the new laws have expanded
this substantially
Maintenance of and access to Campus Crime Logs
Timely Warning requirement
Campus Sexual Assault Victim’s Bill of Rights
Sex Offender Information dissemination
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ANNUAL SECURITY REPORT
CRIME CATEGORIES
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
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Criminal Homicide
Sex Offenses (forcible
and non-forcible)
Robbery
Arrests for alcohol, drug
and illegal weapon
violations
Hate Crimes
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Students referred for
campus disciplinary
action for alcohol, drug
or illegal weapon
violations
Aggravated Assault
Burglary
Motor Vehicle Theft
Arson
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ALCOHOL, DRUG AND
WEAPONS OFFENSES
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Include 3 years’ stats for arrests and persons not
arrested, but referred for campus disciplinary
action for:
 liquor law violations
 drug law violations
 illegal weapons possession
NOTE: This is a body count!
 The
statistic to be published is the number of
persons who were arrested -- NOT the number
of incidents, or the number of charges placed.
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HATE CRIMES
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A hate crime is a crime that manifests evidence that the
perpetrator intentionally selected the victim because of the
victim’s actual or perceived race, gender, religion, sexual
orientation, ethnicity or disability.
Crimes of this type must be identified by category of prejudice
within the geographic reporting areas as well as by the specified
crime reporting categories for the type of crime involved
Additionally, the HEOA modified the list of hate crimes that must
be reported to include: larceny-theft, simple assault, intimidation,
and property destruction, damage or vandalism
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CRIME STATISTICS:
WHAT TO COUNT?
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
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A crime is officially reported when it is filed with
local police, campus law enforcement or “campus
security authority”
It must fall in one of the crimes listed in the Clery
Act
It must occur within the geographic framework set
forth by the Act. On campus, on-campus
residential, or “noncampus” or “public” property as
defined in the Act.
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WHO ARE CAMPUS SECURITY
AUTHORITIES?
Campus security authorities are:
 Members of a law enforcement department
 An individual who has responsibility for campus security
but is not a part of the law enforcement department
 Any individual specified to receive reports about criminal
offenses
 An official of the institution who has significant
responsibility for student and campus activities (such as
housing, campus conduct, Dean of Students, involved with
student activities, coaches, faculty advisor to a student
group
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NOT CAMPUS SECURITY
AUTHORITIES
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A single teaching faculty member (other than an
advisor to a student group);
A physician in a campus health center;
A counselor in a counseling center whose only
responsibility is to provide care to students
A pastoral counselor
However, by policy, the institution could identify these
positions as Security Authorities for anonymous
reporting
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THE GEOGRAPHY OF CRIME
REPORTING
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Crime statistics must be reported by location:

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On campus
In dormitories or other student residences within
the “on-campus” area;
Non-campus buildings or property
Public property
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DEFINITION OF “ON CAMPUS”
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Any building or property owned or controlled by an
institution of higher education within the same reasonably
contiguous geographic area of the institution and used
by the institution in direct support of, or in a manner
related to, the institution’s educational purposes, including
residence halls;
 Incidents that occur in on-campus residential facilities
must be entered twice on the report, in both the “on
campus” and the “residential facilities” categories

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CAMPUS BUILDINGS OR
PROPERTIES
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
Any building or property (other than a branch campus)
owned or controlled by an institution of higher education
that is within the same reasonably contiguous geographic
area of the institution that is owned by the institution but:

is controlled by another person
is frequently used by students
 is used in direct support of, or in relation to, the
institution’s education purposes (such as food or other
retail vendor)

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NON-CAMPUS BUILDINGS OR
PROPERTY
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
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Any building or property owned or controlled by a
student organization officially recognized by the
institution
Any building or property owned or controlled by the
institution that is used in direct support of, or in
relation to, the institutions educational purposes, that
is frequented by students and is not within the same
reasonably contiguous geographic area of the
institution (for example, a fraternity house)
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PUBLIC PROPERTY
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“Public property”, is that which includes thoroughfares,
streets, sidewalks and parking facilities, and is within
the campus or immediately adjacent to and accessible
from the campus.
If there is a barrier between the campus and the public
property, such as a highway or a fence the public
property will not be included


“These regulations do not require crime statistics
from public property surrounding non-campus
buildings or property.”
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PUBLIC PROPERTY
67
So . . . Where does one draw the line?
A sidewalk or a public parking lot across the street from
campus property would be included in this reporting
area, while a limited-access interstate highway which
directly borders the campus but is separated by a rightof-way fence would not be.
Use of a map to define the area is optional, but
recommended to clarify the zone for reporting crimes.
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TIMELY WARNING NOTICE
REQUIREMENT
68



The institution must post a timely warning any time
one of the specified crimes occur which represents a
threat to the students & employees
The warning must be issued in a manner that will aid
in the prevention of similar crimes
The institution should develop an internal policy
addressing questions such as when to issue warnings,
for what types of crimes, and who has the
responsibility for issuing such warnings
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SEXUAL ASSAULT VICTIMS BILL
OF RIGHTS
69



A statement about the institution’s programs to prevent
sexual assault and procedures to follow when a sex
offense occurs
A description of educational programs to promote the
awareness of rape, acquaintance rape and other
forcible and non-forcible sex offenses
Procedures students should follow if a sex offense
occurs, including procedures about who should be
contacted, the importance of preserving evidence for
the proof of a criminal offense and to whom the
offense should be reported.
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SEXUAL ASSAULT VICTIMS BILL
OF RIGHTS
70



Information about a student’s option to notify
appropriate law enforcement authorities and that
institutional personnel will assist in notifying the
authorities
Notification of on and off-campus counseling or
other services for victims of sex offenses
Notification that the institution will change a victim’s
academic and living situation after report of a sex
offense
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SEXUAL ASSAULT VICTIMS BILL
OF RIGHTS
71




Procedures for campus disciplinary action in cases
of an alleged sex offense
Sanctions the institution may impose following a
final determination of an institutional disciplinary
proceeding for a sex offense
Statement that the accuser and accused are
entitled to the same opportunities to have others
present during a disciplinary proceeding
A statement that both the accuser and the accused
must be informed of the outcome of any institutional
disciplinary proceedings involving a sex offense
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72
CHANGES TO CLERY
REQUIREMENTS FROM THE
HIGHER EDUCATION
OPPORTUNITY AMENDMENTS
OF 2008
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FIRE SAFETY
73
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ANNUAL FIRE SAFETY REPORT
74

Initial report by October 2, 2010

Applies only to institutions with on-campus housing


May be combined with the Annual Security Report,
but title must be clear.
May publish two separate reports, each report
must include information about the other.
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75
ANNUAL FIRE SAFETY REPORT:
STATISTICS
An institution must report statistics for each on-campus
student housing facility, for the 3 most recent
calendar years for which data are available:
(i) The number of fires and the cause of each fire;
(ii) The number of persons who received fire-related
injuries that resulted in treatment at a medical
facility, including at an on-campus health center;
(iii) The number of deaths related to a fire; and
(iv) The value of property damage caused by a fire.
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ADDITIONAL COMPONENTS
76




A description of each on-campus student housing
facility fire safety system.
The number of fire drills held during the previous
calendar year.
The institution’s policies or rules on portable
electrical appliances, smoking, and open flames in a
student housing facility.
The institution’s procedures for student housing
evacuation in the case of a fire.
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ADDITIONAL COMPONENTS
77




The policies regarding fire safety education/training
programs provided to students and employees.
In these policies, the institution must describe the
procedures that students and employees should follow
in the case of a fire.
For purposes of including a fire in the statistics in the
annual fire safety report, a list of the titles of each
person or organization to which students and employees
should report that a fire occurred.
Plans for future improvements in fire safety, if
determined necessary by the institution.
(c) 2011 all rights reserved
MISSING
STUDENT
NOTIFICATION
78
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MISSING STUDENT NOTIFICATION
79
Institutions with on-campus student housing facilities
will be required to include a statement of policy
regarding their Missing Student Notification
Procedures for students who reside on campus in the
Annual Security Report, starting with the October
2010 report.
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80
REQUIRED ELEMENTS OF MISSING
STUDENT NOTIFICATION POLICY
1.
2.
Indicate a list of titles of the persons or
organizations to which students, employees, or
other individuals should report that a student has
been missing for 24 hours;
Require that any missing student report must be
referred immediately to the institution’s police or
campus security department, or, in the absence of
an institutional police or campus security
department, to the local law enforcement agency
that has jurisdiction in the area.
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81
REQUIRED ELEMENTS OF MISSING
STUDENT NOTIFICATION POLICY
3.
Include an option for each student to identify a
contact person or persons whom the institution shall
notify within 24 hours of the determination that the
student is missing, if the student has been determined
missing by the institutional police or campus security
department, or the local law enforcement agency;
4.
Advise students that if they are under 18 years of
age and not emancipated, the institution must notify
a custodial parent or guardian within 24 hours of the
determination that the student is missing, in addition
to notifying any additional contact person
designated by the student;
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82
REQUIRED ELEMENTS OF MISSING
STUDENT NOTIFICATION POLICY
5. Advise students that their contact information:
 will be registered confidentially,
 that this information will be accessible only to
authorized campus officials, and
 that it may not be disclosed, except to law
enforcement personnel in furtherance of a missing
person investigation.
6. Advise students that the institution will notify the local
law enforcement agency within 24 hours of the
determination that the student is missing, unless the local
law enforcement agency was the entity that made the
determination that the student is missing.
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83
MISSING STUDENT
NOTIFICATION
Once a student has been determined to be missing for 24 hours,
the following procedures must be in place:
(i) If the student has designated a contact person, notifying that
contact person within 24 hours that the student is missing;
(ii) If the student is under 18 years of age and is not
emancipated, notifying the student’s custodial parent or
guardian and any other designated contact person within 24
hours that the student is missing; and
(iii) Regardless of whether the student has identified a contact
person, is above the age of 18, or is an emancipated minor,
informing the local law enforcement agency that has
jurisdiction in the area within 24 hours that the student is
missing.
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EMERGENCY RESPONSE AND
EVACUATION PROCEDURES
84
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CREATION OF THE POLICY
85
Beginning in October 2010, all institutions must include
a statement of policy regarding the emergency
response and evacuation procedures in the Annual
Security Report. The Policy must include:
(1) The procedures to immediately notify the campus
community upon the confirmation of a significant
emergency or dangerous situation involving an
immediate threat to the health or safety of students
or employees occurring on the campus
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86
EMERGENCY RESPONSE AND
EVACUATION POLICY
(2) A description of the process the institution will use to:
(i) Confirm that there is a significant emergency or dangerous situation
(ii) Determine the appropriate segment or segments of the campus
community to receive a notification;
(iii) Determine the content of the notification; and
(iv) Initiate the notification system.
(3) A statement that the institution will, without delay, determine the
content of the notification and initiate the notification system,
unless issuing a notification will, in the professional judgment
of responsible authorities, compromise efforts to assist a
victim or to contain, respond to, or otherwise mitigate the
emergency;
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EMERGENCY RESPONSE AND
EVACUATION PROCEDURES
87
(4) A list of the titles of the person or persons or
organization or organizations responsible for
carrying out the actions
(5) The institution’s procedures for disseminating
emergency information to the larger community;
and
(6) The institution’s procedures to test the emergency
response and evacuation procedures on at least
an annual basis
(c) 2011 all rights reserved
ADDITIONAL CHANGES TO THE
CLERY ACT
88
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89
HATE CRIME CATEGORIES
EXPANDED
Expands the list of hate crimes to be reported to
include :
 larceny-theft
 simple assault
 intimidation
 destruction, damage, or vandalism of property
(c) 2011 all rights reserved
VICTIM NOTIFICATION
90


The institution will, upon written request, disclose to
the alleged victim of any crime of violence, or a
nonforcible sex offense, the results of any
disciplinary proceeding conducted by such institution
against a student who is the alleged perpetrator of
such crime or offense with respect to such crime or
offense.
If the alleged victim of such crime or offense is
deceased as a result of such crime or offense, the
next of kin of such victim shall be treated as the
alleged victim.
(c) 2011 all rights reserved
RESOURCES
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



FBI Uniform Crime Reporting:
http://www.fbi.gov/ucr/ucr.htm
Security on Campus:
http://campussafety.org
Department of Education:
http://www.ed.gov/offices/OPE/PPI/security.html
The National Center for Higher Education Risk
Management
www.NCHERM.org
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92
THANK YOU!
Questions?
(c) 2011 all rights reserved