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Clery Act Highlights: Beyond Compliance, Toward Safer Campuses

Learn about the key highlights of the Clery Act, including VAWA and Title IX, as well as best practices for ensuring campus safety and crime prevention. Gain valuable insights and ask questions during this informative presentation.

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Clery Act Highlights: Beyond Compliance, Toward Safer Campuses

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  1. Clery Act Highlights: Beyond Compliance, Toward Safer Campuses Jim Moore | August 23, 2016 U.S. Department of Education

  2. Disclaimer “This presentation provides general information about the Clery Act. It does not represent a complete recitation of the applicable law or ED/FSA policies in this area and is for discussion purposes only. This presentation must not be used for any other purpose. Actual compliance determinations must be made after a careful analysis of specific facts on a case-by-case basis. Comments made during this presentation are for instructional and illustrative purposes only and are not intended for attribution or publication.”

  3. Agenda Clery Act Highlights: Beyond Compliance, Toward Safer Campuses • Clery, VAWA, and Title IX • New Clery Handbook** (Emphasis on VAWA Requirements) • Best Practices/Free Advice • Questions

  4. Quotable Quotes “It ain’t what you don’t know that gets you into trouble It’s what you know for sure that just ain’t necessarily so.” Mark Twain

  5. Clery Basics - Getting It Right! Theme #1: Understand that compliance is the floor Theme #2: Focus on campus safety & crime prevention - Compliance is largely incidental to simply doing the right thing the right way Theme #3: Protect the “Brand” and Risk Management

  6. Quotable Quotes • Speaking about the importance & purpose of compliance… “Compliance is just something that we do and that happens when we go about the business of keeping people safe.” Paul J. Wiedefeld New Executive Director DC Metro

  7. Clery Basics - ASR Distribution and Notification Must actively distribute an accurate and complete report to all enrolled students and current employees • Directly by mail, hand delivery, or email or • By posting on an Internet or intranet site that is reasonably accessible • If you post the ASR online, you must distribute a notice by October 1st with statement of report’s availability, exact URL, a description of contents, and statement that paper copies are available upon request Mustactively notify prospective students and employees about the availability of the ASR

  8. Clery Basics - Reportable Offenses

  9. Clery Basics - Crime Statistics Classify crime reports and disclose crime statistics • Schools disclose reported offenses, regardless of whether or not the alleged perpetrator is found guilty “Reported” - brought to the attention of a campus security authority or local law enforcement personnel. A report cannot be “unreported” but can be “unfounded**” by law enforcement if certain conditions are met • Count both attempted and completed crimes • Make a reasonable, good faith effort to obtain crime statistics from local law enforcement agencies • Hierarchy and exceptions (Criminal Homicide, Rape, & Arson) • Crimes may be reported anonymously per institutional policy - never include PII in the ASR and/or crime statistics

  10. Clery Basics - “Clery Geography” Defined Non-campus building or property: (1) Any building or property owned or controlled by a student organization that is officially recognized by the institution; or (2) any building or property (other than a separate campus) owned or controlled by an institution that is used in direct support of, or in relation to, the institution’s educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area Public Property: All public property including thoroughfares, streets, sidewalks, and parking facilities, that is within the campus, or immediately adjacent to or accessible from the campus

  11. Clery Basics - Campus Security Authority • Members of a campus law enforcement or public safety entity • Any individual who has responsibility for campus safety but is not part of a campus law enforcement or public safety department or presence (hall monitors; parking attendants) • Any official of an institution who has significant responsibility for student and campus activities, but does not have significant counseling responsibilities** • Actualprofessional & pastoral counselors are exempt Note: Special considerations for institutions specializing in counseling or affiliated with churches/religious orders

  12. Clery Basics - Safety Alerts Issue Timely Warnings and Emergency Notifications • Institutions must issue campus safety alerts to provide students and employees with timely information about ongoing threats due to crime or other dangerous conditions Two kinds of alerts: • Timely warnings are issued for Clery-reportable crimes that may pose a serious ongoing threat (Clery Geography) • Emergency notifications are issued upon the confirmation of a significant emergency or dangerous situation that may pose an immediate threat to health or safety (Campus Only)

  13. Violence Against Women Reauthorization Act of 2013 • VAWA** Enacted March 7th, 2013; Final Rule issued on October 20, 2014 http://ifap.ed.gov/eannouncements/102014ViolenceAgainstWomenAct.html • Requires expanded reporting for incidents of sexual assault, dating violence, domestic violence, and stalking (including cyber-stalking) • Requires that the ASR include additional information about policies, procedures, and training aimed at sexual assault prevention and response (Primary Prevention; Risk Reduction; Bystander Intervention; Disciplinary Proceedings) • Expands accommodations and protective measures requirements

  14. Violence Against Women Reauthorization Act of 2013 Key Provisions • Revises the definition of Rape • Adds Gender Identity and Perceived Gender to Hate Crimes provision • Requires Specialized Training for Disciplinary Hearing Officials • Reforms the disciplinary proceeding process • More information on how to file complaints • List possible sanctions • Describe the range of protective measures • Explicit right to timely notice of all meetings (including appeals) • Fair, prompt, and impartial process • Advisor of choice • Equal opportunities to be heard, present evidence, and have others present (Basic procedural rights to notice and to hearing) • Unconditional and simultaneous notice of outcomes reached and sanctions imposed

  15. Clery Act and Title IX • VAWA regulations did NOT result in any changes to Title IX requirements • Schools’ obligations under the Clery Act (Title IV) focus on accurate disclosure and transparency concerning campus safety and crime prevention • Schools’ obligations under Title IX focus on ensuring that students and employees are not discriminated against on the basis of sex in a school’s education programs or related activities. Sexual violence and harassment are forms of sex discrimination • VAWA fills in the space between Clery and Title IX - Protect rights of the individual • Clarification regarding the intersection of Clery Act & Title IX: Strict compliance with Clery Act/VAWA will NEVER cause a direct violation of Title IX (or FERPA) Clery and Title IX DO NOT conflict or contradict each other!

  16. Program Reviews - What to Expect Written Notification - Fieldwork - PRR – Response - FPRD “How do you know what you think you know?” Document! Document!! Document!!! • Document requests (not a negotiation) • Police/Public safety incident reports + arrest records • Student and employee conduct records…advocacy, athletics, Greeks, housing • Interviews • What about FERPA? • Opportunity to demonstrate administrative capability • Emphasis on full disclosure and timely production • Role of advisors, consultants, and attorneys • Separate from other reviews or investigations (ED OCR; Justice)

  17. Program Review Process – Part I • Relevant Statutes and Regulations • 18 U.S.C. §§1001 and 1516 • 34 C.F.R. §§668.14, 16, 24, 41, 46, 49 • Announcement Letter - “Here I Come” • Entrance Conference • Campus Tour • Document Requests and Examination • Interviews - Student and Staff • Exit Conference…maybe

  18. Program Review Process – Part II • Post-review Information Requests/Analysis • Program Review Report • Institutional Response • Final Program Review Determination • Post-review Monitoring • Appeals - Separate process!

  19. Best Practices/Free Advice A/K/A Take A Fool’s Advice… • Appoint and empower a Clery Act Compliance Officer - Essential for effective transitions • Develop an understanding of “Clery Geography” • ID/train CSAs & provide a mechanism to report quickly and easily - no crime codes • Specifically inform students and employees about how to report! • Resolve complaints quickly and without escalation • Check crime statistics for similar schools using the “CSSDACT” (Pass the “smell test?”) • Develop a Clery IX Implementation/Integration Plan - The phrases that DO NOT PAY – “Do Clery” – “Professional Staff” – “In this state…” – “Well, we have this policy…”

  20. “Free Advice” • Don’t fall for something just because it’s new, shiny, and/or expensive • But…it never pays to be too cheap • Admit your weaknesses • Be proactive - You can’t fix a problem that you don’t know about • Educate chief executives (to manage expectations)…Strategic partnerships • Culture and Policy Shift: Develop - Implement (Training) – Follow - the 3rd is the reason orgs don’t do the 1st 2! • Understand Loss Aversion…as in “loss” of discretion • Beware the “Messiah” Complex - the answers are usually in the room • Demand “Value” from service providers

  21. “Free Advice” • Beware Positional Authority – Deans, VPs, Counsel, Outsiders – Do not lay “prostrate to the “higher mind.” • Set reasonable expectations – Nobody’s perfect…not even you! • Get situated: Right Church, Right Pew or is it Square Peg, Round Hole? • Get a seat at the table – Hiring – Acquisitions -- Agreements/MOUs • Beware the self-proclaimed “expert” • You can’t (completely) understand Clery if you don’t understand Title IV • Keep this in mind…the Department does not endorse or certify products or services • Remain calm…the sky may not actually be falling • “There is no money to be made in clarity!” • Get ready for the next thing…

  22. Quotable Quotes “It ain’t what you don’t know that gets you into trouble It’s what you know for sure that just ain’t necessarily so.” Mark Twain Do you get it now?

  23. Clery Resources • Handbook for Campus Safety and Security Reporting (released June 23, 2016; New edition includes VAWA guidance; Supersedes old versions) • Help Desk • campussafetyhelp@westat.com • 1-800-435-5985

  24. ANY QUESTIONS??? Jim Moore james.moore@ed.gov Clery Team General Inquiries clery@ed.gov

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