The Clery Act
Kyle Foreman
Director of Campus Safety and Security
Big Bend Community College
Agenda
•
Background
•
Clery Act Basics
•
Violence Against Women Reauthorization Act
(VAWA)
•
Drug-Free Schools and Communities Act
•
What You Can Do to Help Right Now
•
Helpful Hints/Best Practices
•
Resources
•
Questions
2
Background
•
Campus safety requirements in the HEA
 Added by the Crime Awareness and Campus Security Act of
1990
 1992 Amendments first added policies on sex offenses to the
annual security report
 1998 Amendments expanded the requirements and renamed
the section the Jeanne Clery Disclosure of Campus Security
Policy and Campus Crime Statistics Act (Clery Act)
 HEOA in 2008 again expanded the requirements
 “Campus SaVE” provisions of the Violence Against Women
Act (VAWA) will be added in October 2014
•
Section 485(f) of the HEA; 34 CFR § 668 Subpart D
3
Background
• Federal
Student Aid (FSA) monitors &
enforces the Clery Act & conducts campus
crime program reviews
• Possible
consequences of review findings:
• Fines - up to $35,000 per offense (recently
increased)
• Limitation, suspension, or termination of the
eligibility for student financial aid programs;
denial of recertification or revocation of a
provisional Program Participation Agreement
(PPA)
4
Clery Basics
• The
Clery Act requires all schools to:
• Collect, classify, and count crime reports and
crime statistics
• Publish and actively distribute an annual security
report that contains all statistical and policy
disclosures
• Submit crime statistics to ED
• Issue Timely Warnings and Emergency
Notifications
5
Clery Basics
• Requirement:
Collect, classify, and count
crime reports and crime statistics
Domestic Violence
Dating Violence
Stalking
6
Clery Basics
•
Requirement: Collect, classify, and count
crime reports and crime statistics
 Schools disclose reported offenses, regardless of
whether someone is found guilty
• “Reported” = brought to the attention of a campus security
authority or local law enforcement personnel
 Crimes may be reported anonymously or not, but PII
must not be included in your crime statistics
 Count both attempted and completed crimes
 Make a reasonable, good faith effort to obtain Clery
crime statistics from local law enforcement agencies
with jurisdiction over all parts of your Clery
geography
7
Clery Basics
• Requirement:
Collect, classify, and count
crime reports and crime statistics
 Hate crimes are motivated by the offender’s
category of bias
•
•
•
•
Race
Gender
Religion
Sexual orientation
•
•
•
•
Ethnicity/national origin
Disability
Perceived gender
Gender identity
 Arrests and referrals for disciplinary action are
based on violations of weapons, drug, and liquor
laws, not of institution policies
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Clery Basics
•
Requirement: Publish and distribute annual
security report
 Must publish the annual security report by October 1
each year
 Report must be contained within a single document
 Report must include:
• three calendar year’s of campus crime statistics
• All required current campus safety and security policies
and procedures
9
Clery Basics
• Requirement:
Publish and distribute annual
security report
 Must distribute the annual security report to all
current students and employees
• Directly by mail, hand delivery, or e-mail or
• By posting on an Internet or intranet site that is
reasonably accessible to current students and
employees*
 *If you post the annual security report online, you
must distribute a notice by October 1 with
statement of report’s availability, exact URL, a
description of contents, and statement that paper
copy is available upon request
10
Clery Basics
•
Requirement: Publish and distribute annual
security report
• Must actively notify prospective students and
employees about the availability of the ASR. The
notice must include a description of the report’s
contents and explain how to obtain a paper copy
 Must provide a copy of the ASR upon request
 If posted on an Internet site, notice must also include exact
URL where ASR is posted
• For prospective students and employees, information
may not be posted on an intranet site
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Clery Basics
• Requirement:
Submit crime statistics to ED
• Institutions report campus crime statistics for the
three most-recent calendar years
• Must match the statistical disclosures that were
published in the annual security report
• Deadline for completing the web-based data
collection is specified by the Secretary each year
– typically mid-October
12
Clery Basics
• Requirement:
Issue Timely Warnings and
Emergency Notifications
 Institutions must issue campus alerts to provide
members of the campus community with
information necessary to make informed
decisions about health and safety
 Two kinds of alerts:
• Timely warnings are issued for crimes that represent a
threat to the safety of students or employees.
• Emergency notifications are issued upon the
confirmation of a significant emergency or dangerous
situation occurring on the campus that involves an
immediate threat to the health or safety of students or
employees.
13
Clery Basics
• Requirement:
Issue Timely Warnings &
Emergency Notifications.
14
Clery Basics
•
Requirement: Issue Timely Warnings and
Emergency Notifications
 Include policy statements on both timely warnings
and emergency response and notification procedures
in the annual security report
 All policy statements must accurately reflect the
policies and procedures currently used at the
institution
 FERPA does not preclude compliance with the timely
warning provision
• Health or safety emergency exception to FERPA allows PII
to be disclosed without consent when needed to protect
the health and safety of others
• Law enforcement records are not protected by FERPA
15
Clery Basics
• Additional
requirements:
• Institutions with campus police or security
departments must additionally maintain a daily
crime log
• Institutions with on-campus student housing
facilities must additionally:
 Disclose missing student notification procedures that
pertain to students residing in those facilities
 Comply with fire safety requirements
16
Clery Basics
• Requirement:
Daily Crime Log
 Log is a daily record of criminal and alleged criminal
incidents reported to the campus police or security
department
• All crimes on Clery geography or within patrol jurisdiction of the
campus police/security department
• Not just Clery Act crimes
• Records nature, date the crime was reported, time, date, general
location, and disposition (if known) of each crime
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Clery Basics
•
Publicizing, testing emergency procedures
 Must disclose emergency response and evacuation
procedures in response to a significant emergency or
dangerous situation involving an immediate threat to
the health or safety of students or employees
occurring on the campus.
 Must describe your procedures for both response
and evacuation in emergency or dangerous
situations.
 You must have an emergency plan, test it, evaluate it
and publicize it.
 Disclosure of emergency response and evacuation procedures citation 34
CFR 668.46(b)(13)
Clery Basics
•
To comply with the Clery requirement, tests must
meet the following criteria:
 At least annually.
 Tests may be announced or unannounced.
 Be scheduled. Actual emergency situations or a false emergency alarms
do not count.
 Contain drills. The drills test a single procedural operation (e.g., a test of
initiating the Campus Alert System or a test of personnel conducting a fire
drill).
 Contain exercises. The drills test coordination of efforts.
 Contain follow-through activities. The tests are designed to review the
test (e.g., a survey or interview to obtain feedback from participants).
 Be designed for assessment of emergency plans and capabilities.
The tests have measureable goals.
 Be designed for evaluation of emergency plans and capabilities. The
drills are designed so that, using the assessments, we can judge whether
or not the test met its goals.
Clery Basics
•
Requirement: Daily Crime Log
• Log must be available
 Must be accessible on-site (written or electronic)
 Available upon request for public inspection during
business hours (most recent 60 days available
immediately; older records available within two business
days)
 Must be available without payment or written request
• Log must be maintained
 Must make additions or updates to an entry within two
business days
 Update disposition up to 60 days from when crime was
entered in the log
 Schools must archive log for seven years
20
Clery Basics
• You
have flexibility in designing tests.
 Drills
 Tabletop
 Functional exercise
 Full-scale
Clery Basics
•
Requirement: Missing Student Notification
 Include a policy statement that addresses missing student
notification for students residing in on-campus student housing in
the annual security report
 Also include the procedures that your institution will follow if any
of those students is determined to be missing for 24 hours
 You must give students living in on-campus student housing
facilities the option to register confidential contact information
• Confidential information must be kept separate from general
emergency contact information
• Only authorized campus officials may have access to the
information
• Information may only be disclosed to law enforcement
personnel in furtherance of a missing person investigation
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Clery Basics
• Requirement:
Fire Safety Policies and
Statistics
• 4 components:
• Publish and distribute annual fire safety report
• Submit fire statistics to ED
• Maintain log of reported fires
• Conduct safety drills
23
Clery Basics
• Requirement:
Publish an annual fire safety
report
• Must publish annual fire safety report by October
1 each year
• Report must include:
 Fire statistics
 Current fire safety policies and procedures
• Annual fire safety report and annual security
report
 May be published separately or together
 If published separately, specify how to access the other
report in each one
24
Clery Basics
•
Requirement: Submit fire statistics to ED
• Must annually submit three years worth of statistics
to the ED
 Collected in the same web-based collection tool as the
campus crime statistics
 Includes statistics for each on-campus student housing
facility
• Statistics include:
 Number and cause of each fire
 Number of persons with injuries related to a fire that
resulted in treatment at a medical facility
 Number of deaths related to a fire
 Value of property damage
25
Clery Basics
• Requirement:
Maintain log of reported fires
 Fire log is a record of any fire that occurs in an
on-campus student housing facility
• Records nature, date the fire was reported, time, date,
nature, and general location of each fire
• Must be written and easily understood
 Annual report to the campus community on fires
recorded in the log
26
Clery Basics
•
Requirement: Maintain log of reported fires
• Log must be available
• Must be accessible on-site (written or electronic)
• Available upon request for public inspection during business
hours (most recent 60 days available immediately; older
records available within two business days)
• Must be available without payment or written request
• Log must be maintained
• Must make additions or updates to an entry within two
business days
• Update disposition up to 60 days from when crime was
entered in the log
• Schools must archive log for seven years
• The fire log may be combined with the daily crime log
• Label it well so users know it is both a crime and fire log
• Ensure that it contains the required elements for both logs
27
VAWA
• Violence Against
Women Reauthorization
Act of 2013 (VAWA)(Pub. Law 113-4)
• Enacted March 7th, 2013
• Amended the Clery Act
• Requires institutions to compile statistics for
certain crimes reported to campus security
authorities or local police agencies
• Requires institutions to include certain policies,
procedures, and programs about these crimes in
their annual security reports
28
VAWA
• Affects
annual security reports and crime
statistics reported to ED beginning fall
2014
• ED
is in the process of implementing these
changes
• Until
final regulations are issued,
institutions must make a good faith effort to
comply with the statute
29
VAWA
• Implementation
timeline
• Spring 2013
 ED gathered public comment and testimony on issues
(including VAWA) to negotiate
 May 29th Electronic Announcement with preliminary
guidance
• September 2013 – Federal Register notice
announcing single-issue negotiation and
soliciting nominations
 Nominations were due 10/21/2013
• November/December 2013 – Outreach to
stakeholders
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VAWA
•
Implementation timeline, cont’d
• Early 2014 – Negotiated Rulemaking Committee meetings
 January 13-14 – First round of negotiations
 February 24-25 – Second round of negotiations
 March 31–April 1 – Third round of negotiations
• October 2014 – Institutions complete annual security
reports and report to ED using good faith effort
• GOAL - Final regulations published by November 1, 2014
 July 2015 – Final regulations become effective
• October 2015 – Institutions complete annual security
reports and report statistics to ED under final regulations
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VAWA
• New
requirements
• Additional statistics




Sexual assault
Domestic violence
Dating violence
Stalking
• Prevention programs and awareness campaigns
• Victim’s bill of rights
• Revises requirements around institutional
disciplinary proceedings
32
Drug-Free Schools & Communities
Act
•
Implemented in 34 CFR Part 86
•
Requires institutions to certify that they have
developed and implemented a drug and
alcohol abuse education and prevention
program
• The program must be designed to prevent the
unlawful possession, use, and distribution of drugs
and alcohol on campus and at recognized events and
activities
• As part of the program, institutions must distribute
certain information to students and employees
annually
• Institutions must do a biennial review of the program
33
Drug-Free Schools & Communities
Act
•
Annual disclosure
• Must share information with current students and employees
• 34 CFR § 86.100 outlines the information that must be
included:
 Standards of conduct prohibiting the possession, use, and distribution
of drugs and alcohol
 Possible sanctions for violations of Federal, state, and local drug and
alcohol laws as well as sanctions for violation of institutional policies
 Health risks associated with the use of drugs and alcohol
 Information on counseling, rehabilitation, and treatment programs and
 A clear statement that the school will impose sanctions on students
and employees who violate drug and alcohol laws, ordinances, and/or
institutional policies
34
Drug-Free Schools & Communities
Act
• Biennial
Review
• Objectives are:
 To determine the effectiveness of your drug and alcohol
abuse prevention program
 To ensure consistent enforcement of applicable laws,
ordinances, and institutional policies against violators
• The biennial review report and supporting
documents must be maintained by the school
and made available to ED upon request
35
How You Can Help!
Make sure that your school has an ASR
• Is it accurate and complete?
• Was it distributed properly?
Review your school’s campus security policies
 Do the policies pass the “smell test?”
 Use what you know about ED’s standards for policy
development
Take a look at your school’s crime log
• Does your school have one?
• Is it accessible to the public?
36
Best Practices
•
Appoint and empower a Clery Act Compliance
Officer
•
Develop an understanding of “Clery
Geography”
•
Identify and train “Campus Security
Authorities”
•
Specifically inform students and employees
about how to report crimes and emergencies
37
Resources
• The
Handbook for Campus Safety and
Security Reporting (revised February 2011)
• http://www2.ed.gov/admins/lead/safety/handbook.pdf
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QUESTIONS?
Kyle Foreman
509-793-2299
kylef@bigbend.edu
Contact your campus public
safety/security!
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