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The
Jeanne Clery Disclosure of
Campus Security Policy and Campus Crime
Statistics Act, codified at 20 USC
1092 (f) as a part of the Higher Education Act
of 1965, is a federal law that requires colleges
and universities to disclose certain timely and
annual information about campus crime and
security policies. All public and private
institutions of postsecondary education
participating in federal student aid programs
are subject to it.
Violators
can be
"fined" up to $27,500 by the U.S. Department of
Education, the agency charged with enforcement
of the Act and where
complaints of
alleged violations should be made, or face other
enforcement action.
The Clery Act, originally enacted by the
Congress and signed into law by President George
Bush in 1990 as the Crime Awareness and Campus
Security Act of 1990, was
championed
by Howard & Connie Clery after their daughter
Jeanne was murdered at Lehigh University in
1986. They also founded the non-profit Security
On Campus, Inc. in 1987. Amendments to the Act
in 1998 renamed it in memory of Jeanne Clery.
Annual Report
Schools have to publish an annual report every
year by October 1st that contains 3 years worth
of campus crime statistics and certain security
policy statements including sexual assault
policies which assure basic victims' rights, the
law enforcement authority of campus police and
where students should go to report crimes. The
report is to be made available automatically to
all current students and employees while
prospective students and employees are to be
notified of its existence and afforded an
opportunity to request a copy. Schools can
comply using the Internet so long as the
required recipients are notified and provided
the exact Internet address where the report can
be found and paper copies are available upon
request. A copy of the statistics must also be
provided to the U.S. Department of Education.
Crime Statistics
Each school must disclose crime statistics for
the campus, unobstructed public areas
immediately adjacent to or running through the
campus, and certain non-campus facilities
including Greek housing and remote classrooms.
The statistics must be gathered from campus
police or security, local law enforcement, and
other school officials who have "significant
responsibility for student and campus
activities" such as student judicial affairs
directors. Professional mental health and
religious counselors are exempt from reporting
obligations, but may refer patients to a
confidential reporting system which the school
has to indicate whether or not it has.
Crimes are reported in the following 7 major
categories, with several sub-categories: 1.)
Criminal Homicide broken down by a.) Murder and
Nonnegligent Manslaughter and b.) Negligent
manslaughter; 2.) Sex Offenses broken down by
a.) Forcible Sex Offenses (includes rape) and
b.) Nonforcible Sex Offenses; 3.) Robbery; 4.)
Aggravated Assault; 5.) Burglary; 6.) Motor
Vehicle Theft; and 7.) Arson.
Schools are also required to report the
following three types of incidents if they
result in either an arrest or disciplinary
referral: 1.) Liquor Law Violations; 2.) Drug
Law Violations; and 3.) Illegal Weapons
Possession. If both an arrest and referral are
made only the arrest is counted.
The statistics are also broken down
geographically into "on campus," "residential
facilities for students on campus," noncampus
buildings, or "on public property" such as
streets and sidewalks. Schools can use a map to
denote these areas. The report must also
indicate if any of the reported incidents, or
any other crime involving bodily injury, was a
"hate crime."
Access To Timely Information
Schools are also required to provide "timely
warnings" and a separate more extensive public
crime log. It is these requirements which are
most likely to affect the day to day lives of
students. The timely warning requirement is
somewhat subjective and is only triggered when
the school considers a crime to pose an ongoing
"threat to students and employees" while the log
records all incidents reported to the campus
police or security department.
Timely warnings cover a broader source of
reports (campus police or security, other campus
officials, and off-campus law enforcement) than
the crime log but are limited to those crime
categories required in the annual report. The
crime log includes only incidents reported to
the campus police or security department, but
covers all crimes not just those required in the
annual report, meaning crimes like theft are
included in the log. State crime definitions may
be used.
Schools that maintain a police or security
department are required to disclose in the
public crime log "any crime that occurred on
campus…or within the patrol jurisdiction of the
campus police or the campus security department
and is reported to the campus police or security
department." The log is required to include the
"nature, date, time, and general location of
each crime" as well as its disposition if known.
Incidents are to be included within two business
days but certain limited information may be
withheld to protect victim confidentiality,
ensure the integrity of ongoing investigations,
or to keep a suspect from fleeing. Only the most
limited information necessary may be withheld
and even then it must be released "once the
adverse effect…is no longer likely to occur."
The log must be publicly available during normal
business hours. This means that in addition to
students and employees the general public such
as parents or members of the local press may
access it. Logs remain open for 60 days and
subsequently must be available within 2 business
days of a request. |
