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Title: Jessica Finkel and Jim Moore | Dec. 2013


1
The Clery Act and Drug-Free Schools and
Communities Act Practical Advice for Non-Campus
Safety Professionals
Session 31
  • Jessica Finkel and Jim Moore Dec. 2013
  • U.S. Department of Education
  • 2013 FSA Training Conference for Financial Aid
    Professionals

2
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

3
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

4
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)

5
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

6
Clery Basics
  • Requirement Collect, classify, and count crime
    reports and crime statistics
  • Currently three crime categories (VAWA added a
    fourth)

7
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

8
Clery Basics
  • Requirement Collect, classify, and count crime
    reports and crime statistics
  • Hate crimes are motivated by the offenders
    category of bias
  • To be added to the regs (per the Matthew
    Shephard Act, 2009)
  • Arrests and referrals for disciplinary action are
    based on violations of weapons, drug, and liquor
    laws, not of institution policies
  • Race
  • Gender
  • Religion
  • Sexual orientation
  • Ethnicity/national origin
  • Disability
  • Perceived gender
  • Gender identity

9
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 years of campus crime statistics
  • All required current campus safety and security
    policies and procedures

10
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 reports availability, exact URL, a
    description of contents, and statement that paper
    copy is available upon request

11
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 reports
    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

12
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
  • Collected data are posted on OPEs Data Analysis
    Cutting Tool (linked to College Navigator) for
    public use

13
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.

14
Clery Basics
  • Requirement Issue Timely Warnings Emergency
    Notific.

15
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

16
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

17
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

18
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

19
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

20
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

21
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

22
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

23
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

24
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

25
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

26
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

27
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

28
VAWA
  • Implementation timeline, contd
  • Early 2014 Negotiated Rulemaking Committee
    meetings
  • January 13-14 First round of negotiations
  • February 24-25 Second round of negotiations
  • March 31April 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

29
VAWA
  • New requirements
  • Additional statistics
  • Sexual assault
  • Domestic violence
  • Dating violence
  • Stalking
  • Prevention programs and awareness campaigns
  • Victims bill of rights
  • Revises requirements around institutional
    disciplinary proceedings

30
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

31
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

32
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

33
How You Can Help!
  • Make sure that your school has an ASR
  • Is it accurate and complete?
  • Was it distributed properly?
  • Review your schools campus security policies
  • Do the policies pass the smell test?
  • Use what you know about EDs standards for policy
    development
  • Take a look at your schools crime log
  • Does your school have one?
  • Is it accessible to the public?

34
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
  • Check crime statistics for similar schools using
    the Campus Safety and Security Data Analysis
    Cutting Tool

35
Resources
  • The Handbook for Campus Safety and Security
    Reporting (revised February 2011)
  • http//www2.ed.gov/admins/lead/safety/handbook.pdf
  • Handbook Help Desk
  • Clarifications see 3/26/12 communication
    https//surveys.ope.ed.gov/security/HelpDeskEmailV
    iew.aspx
  • 1-800-435-5985 or HandbookQuestions_at_ed.gov

36
Resources
  • ED Campus Safety website (includes a training
    video)
  • http//www2.ed.gov/admins/lead/safety/campus.html
  • Federal Student Aid Self-Assessment of Clery
    Compliance
  • http//ifap.ed.gov/qahome/qaassessments/consumerin
    formation.html
  • Federal Student Aid Data Center Clery Act
    Reports (see compliance reviews)
  • http//federalstudentaid.ed.gov/datacenter/cleryac
    t.html

37
Resources
  • 5/29/2013 Electronic Announcement with
    preliminary guidance
  • http//ifap.ed.gov/eannouncements/052913Implemento
    fChangesMade2CleryActViolenceAgainstWomenReauthori
    zationAct2013.html
  • 9/19/2013 Federal Register notice announcing
    negotiation and soliciting nominations for
    non-Federal negotiators
  • http//ifap.ed.gov/fregisters/FR091913NegotiatedRu
    lemakingViolenceAgainstWomenAct.html

38
QUESTIONS?
Jessica.Finkel_at_ed.gov 202-502-7647 James.Moore_at_e
d.gov 202-377-4089 or 215-656-6495
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