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The Clery Act

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Title: The Clery Act


1
The Clery Act
  • Kyle Foreman
  • Director of Campus Safety and Security
  • Big Bend Community College

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

Domestic Violence Dating Violence Stalking
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
  • 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

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
    Notifications.

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
  • 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)

19
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.

20
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

21
Clery Basics
  • You have flexibility in designing tests.
  • Drills
  • Tabletop
  • Functional exercise
  • Full-scale

22
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

23
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

24
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

25
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

26
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

27
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

28
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

29
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

30
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

31
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

32
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

33
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

34
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

35
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

36
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?

37
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

38
Resources
  • The Handbook for Campus Safety and Security
    Reporting (revised February 2011)
  • http//www2.ed.gov/admins/lead/safety/handbook.pdf

39
QUESTIONS?
Kyle Foreman 509-793-2299 kylef_at_bigbend.edu Conta
ct your campus public safety/security!
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