Clery Act

Clery Act
Long title:	The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act
Introduced by:	Edolphus Towns (D-New York)
Dates
Date passed:	September 6, 1989 (House) November 19, 1989 (Senate)
Date enacted:	November 8, 1990
Amendments:	Pub.L. 102-26 Pub.L. 102-325 Pub.L. 105-244 Pub.L. 106-386
US Code:	20 U.S.C. § 1092(f)
US CFR:	34 CFR 668.46
Related legislation:	Campus Sex Crimes Prevention Act FERPA Drug-Free School and Campuses Act

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 C.F.R. 668.46.

The Clery Act requires all colleges and universities that participate in federal financial aid programs to keep and disclose information about crime on and near their respective campuses. Compliance is monitored by the United States Department of Education, which can impose civil penalties, up to $27,500 per violation, against institutions for each infraction and can suspend institutions from participating in federal student financial aid programs.

The law is named for Jeanne Clery, a 19-year-old Lehigh University freshman who was raped and murdered by another student, Josoph Henry, in her campus residence hall in 1986.^[1] The Clery Act, signed in 1990, was originally known as the Crime Awareness and Campus Security Act.

Requirements of Act

Annual Security Report

By October 1 of each year, institutions must publish and distribute their Annual Campus Security Report to current and prospective students and employees. Institutions are also allowed to provide notice of the report, a URL if available, and how to obtain a paper copy if desired.

This report is required to provide crime statistics for the prior three years, policy statements regarding various safety and security measures, campus crime prevention program descriptions, and procedures to be followed in the investigation and prosecution of alleged sex offenses.

Crime Log

The institution's police department or security departments are required to maintain a public log of all crimes reported to them, or those of which they are made aware. The log is required to have the most recent 60 days' worth of information. Each entry in the log must contain the nature, date, time and general location of each crime and disposition of the complaint, if known. Information in the log older than 60 days must be made available within two business days. Crime logs must be kept for seven years, three years following the publication of the last annual security report.

Timely Warnings

The Clery Act requires institutions to give timely warnings of crimes that represent a threat to the safety of students or employees. Institutions are required to publish their policies regarding timely warnings in their Annual Campus Security Report. The institution is only required to notify the community of crimes which are covered by the Clery statistics.

Virginia Tech

In the final report regarding the April 16, 2007 Virginia Tech massacre by Seung-Hui Cho, specifically the part concerning the delay in the issuance of vague warnings (more than two hours after the first killing), issued on Thursday, December 9, 2010 by the U.S. Department of Education under Arne Duncan, Virginia Tech was said to have violated this Act. There likely will not be any criminal charges filed as a result (generally, the investigations into the incident, even if finding fault with the University, usually still conclude that Cho, as the murderer and gunman, bore ultimate liability for his actions).^{[citation needed]}

However, the Department of Education fined the University $55,000 on March 29, 2011 for their failure to issue a timely warning in response to the shootings at West Ambler Johnston.^[2] In announcing the fine against the university, the director of a department panel which reviewed the case was quoted as saying "While Virginia Tech's violations warrant a fine far in excess of what is currently permissible under the statute, the department's fine authority is limited". As of March 30, 2011, the university had announced their intention to appeal the decision.^[3]

Eastern Michigan University

The highest fined institution was in 2008. Eastern Michigan University was fined $357,500 for failing to warn the campus of a student's assault and death that occurred in 2006. Beyond reporting the incident, the school was fined for violating federal crime-reporting laws.^{[4][5] [6][7]}The incident is referred to as the Laura Dickinson incident. This incident has been seen as a wake-up call on how universities report and display crime statistics that occur on university campuses. The incident brought forth university wide changes in campus safety, and safety notifications. The incident also brought changes in university administration including the dismissal of the university's president John A. Fallon.

Penn State University

The U.S. Department of Education is investigating Penn State over the Penn State sex abuse scandal. Their investigation arises from the athletic department's failure to report the alleged abuse being a violation of the Act.^[8]

Crime Statistics

An institution must keep the most recent three years of crime statistics that occurred: on campus, in institution residential facilities, in noncampus buildings, or on public property. The report must also indicate if any of the reported incidents, or any other crime involving bodily injury, was a "hate crime." The following offenses, as defined by the UCR [1]) are required to be included in the institution's ASR as well as sent to the U.S. Department of Education annually:

• Criminal homicide:
  • Murder and nonnegligent manslaughter
  • Negligent manslaughter
• Sexual offenses:
  • forcible
  • nonforcible
• Robbery
• Aggravated assault
• Burglary
• Arson
• Motor vehicle theft
• Arrest and/or disciplinary referrals for
  • Liquor-law violations
  • Drug-law violations
  • Illegal weapons possession

Institutions are required to indicate if any of the crimes, or any other crime involving bodily injury, was a "hate crime". .

See also

• Crime mapping
• Family Educational Rights and Privacy Act (FERPA)

References

1. ^ Gross, Ken (1990-02-19). "After Their Daughter Is Murdered at College, Her Grieving Parents Mount a Crusade for Campus Safety". People.com. http://www.people.com/people/archive/article/0,,20116872,00.html. Retrieved 2011-10-30. 
2. ^ Potter, Dena (March 30, 2011). "Virginia Tech fined $55K for response to shootings". Forbes. http://www.forbes.com/feeds/ap/2011/03/30/general-us-virginia-tech-shootings_8381491.html. Retrieved March 30, 2011. 
3. ^ Bell, Craig; CNN Wire Staff (March 30, 2011). "Virginia Tech fined $55,000 in 2007 shooting rampage". CNN. http://www.cnn.com/2011/CRIME/03/29/virginia.tech.fine/index.html. Retrieved March 30, 2011. 
4. ^ http://chronicle.com/article/Education-Dept-Imposes/10648/
5. ^ http://www.roanoke.com/news/breaking/wb/281580
6. ^ http://articles.mcall.com/2010-12-11/news/mc-virginia-tech-clery-20101211_1_timely-warning-clery-act-student-financial-aid
7. ^ http://www.roanoke.com/news/breaking/wb/281580
8. ^ http://www.ed.gov/news/press-releases/us-department-education-investigate-penn-states-handling-sexual-misconduct-alleg

External links

Laws and Regulations

• Clery Act - 20 USC 1092(f)
• Legislative history of the Clery Act

Crime Statistics

• US Department of Education's Campus Security Statistics Website

Other information

• Security On Campus, Inc. - Information regarding the Clery Act
• US Department of Education - Campus Security
• Clery Act Campus Crime Reporting Handbook (PDF)
• SPLC's Student Media Guide to the Clery Act