Complying with the Clery Act

2. Complying with the Clery Act Briget Biernat Jans Director of Financial Aid Compliance DePaul University

3. Agenda • Background • Basic Requirements • Violence Against Women Reauthorization Act (VAWA) • Drug-Free Schools and Communities Act • What to Check • Best Practices • Resources

4. Background • Campus safety requirements in the HEA • Crime Awareness and Campus Security Act of 1990 • 1992 Amendments added policies on sex offenses to the annual security report • 1998 Amendments expanded requirements and renamed the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) • 2008 again expanded the requirements • “Campus SaVE” provisions of the Violence Against Women Act (VAWA) will be added October 2014

5. Background • Law • Section 485(f) of the Higher Education Act • Regulations • 34 Code of Federal Regulations § 668 Subpart D

6. Clery Act • Compliance is monitored by ED • Civil penalties up to $35,000 per violation • Non-compliance can lead to suspension from FSA programs • Separate team in Washington focused on monitoring • Conduct campus crime program reviews • Compliance required of all public and private postsecondary institutions participating in Title IV • Requirement begins on effective date of PPA

7. Basic Requirements • 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

8. Basic Requirements • Requirement: Collect, classify, and count crime reports and crime statistics • Currently three crime categories (VAWA adds 4th)

9. Basic Requirements • Requirement: Collect, classify, and count crime reports and crime statistics • 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 statistics • Count attempted and completed crimes • Reasonable, good faith effort to obtain crime statistics from local law enforcement

10. Basic Requirements • Requirement: Collect, classify, and count crime reports and crime statistics • Hate crimes are motivated by the offender’s category of bias • Arrests, referrals for disciplinary action based on violations of weapons, drug, liquor laws, not institutional policies **Added per Matthew Shephard Act, 2009 • Race • Gender • Religion • Sexual orientation • Ethnicity/national origin • Disability • Perceived gender** • Gender identity**

11. Basic Requirements • Requirement: Publish and distribute annual security report • Must publish report by October 1 each year • Must be contained within a single document • Must include: • three calendar year’s of campus crime statistics • All required current campus safety and security policies and procedures

12. Basic Requirements • Requirement: Publish and distribute annual security report • Must distribute to all current students & 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, employees • If you post online, you must distribute a notice by October 1 with statement of report’s availability, exact URL, a description of contents, and statement that paper copy is available upon request

13. Basic Requirements • Requirement: Publish and distribute annual security report • Must actively notify prospective students and employees about the availability of report. Notice must include description of the report’s contents and how to obtain paper copy • Must provide a copy of the ASR upon request • If posted on website, notice must include URL where ASR is posted • For prospective students and employees, an intranet site is not sufficient

14. Basic Requirements • Requirement: Submit crime statistics to ED • Report campus crime statistics for the 3 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 annually– typically mid-October • Collected data posted on OPE’s Data Analysis Cutting Tool (linked to College Navigator) for public use

15. Basic Requirements • Requirement: Issue Timely Warnings and Emergency Notifications • Must issue campus alerts to provide members of campus community with information necessary to make informed decisions about health and safety • Two kinds of alerts • Timely warnings 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 on campus involving immediate threat to health or safety

16. Basic Requirements

17. Basic Requirements • Requirement: Issue Timely Warnings and Emergency Notifications • Annual security report must Include policy statements on both timely warnings and emergency response and notification procedures • All policy statements must accurately reflect policies and procedures currently used at the institution • FERPA does not preclude compliance with the timely warning provision • Emergency exception to FERPA allows for PII disclosure to protect the health and safety of others • Law enforcement records are not protected by FERPA

18. Basic Requirements • 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

19. Basic Requirements • Requirement: Daily Crime Log • A daily record of criminal and alleged criminal incidents reported to 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

20. Basic Requirements

21. Basic Requirements • 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

22. Basic Requirements • Requirement: Missing Student Notification • Annual security report must Include policy statement addressing missing student notification for students residing in on-campus student housing • Include the procedures institution will follow if any of those students is determined to be missing for 24 hours • 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 in furtherance of a missing person investigation

23. Basic Requirements • 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. Basic Requirements • 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 separately, specify how to access the other report in each one

25. Basic Requirements • Requirement: Submit fire statistics to ED • Must annually submit 3 years worth of statistics to ED • Reported via same web-based collection tool as campus crime statistics • Includes statistics for each on-campus student housing facility • Statistics include: • Number and cause of each fire • Number of persons with fire-related injuries resulting in treatment at a medical facility • Number of deaths related to a fire • Value of property damage

26. Basic Requirements • Requirement: Maintain log of reported fires • 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. Basic Requirements • 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 2 business days • Update disposition up to 60 days from when entered in the log • Schools must archive log for seven years • 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 (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 regs issued, institutions must make a good faith effort to comply with the statute • Final of three Negotiated Rulemaking Committee meetings was held earlier this week

30. VAWA • 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

31. VAWA • New requirements • Additional statistics • Sexual assault • Domestic violence • Dating violence • Stalking • Prevention programs and awareness campaigns • Victim’s bill of rights • Revises requirements around institutional disciplinary proceedings

32. Drug-Free Schools & Communities Act • Implemented in 34 CFR Part 86 • Institutions must certify they have developed and implemented drug and alcohol abuse education and prevention program • Must be designed to prevent the unlawful possession, use, and distribution of drugs and alcohol on campus and at recognized events and activities • Institutions must distribute certain information to students and employees annually • Must do a biennial review of the program

33. Drug-Free Schools & Communities Act • Annual disclosure • Must share information with current students, 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

34. Drug-Free Schools & Communities Act • Annual disclosure • Must include (cont’d) • Health risks associated with the use of drugs and alcohol • Information on counseling, rehabilitation, and treatment programs • Clear statement that 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 • Determine the effectiveness of your drug and alcohol abuse prevention program • Ensure consistent enforcement of applicable laws, ordinances, and institutional policies against violators • The biennial review report and supporting documents must be maintained and made available to ED upon request

36. What to Check • Make sure that your school has an Annual Security Report • Is it accurate and complete? • Was it distributed properly? • Review campus security policies • Do the policies pass the reasonableness test? • Use what you know about ED’s standards for policy development • Take a look at the 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 • Check crime statistics for similar schools using the “Campus Safety and Security Data Analysis Cutting Tool” • http://www.ope.ed.gov/security/

38. 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/HelpDeskEmailView.aspx • 1-800-435-5985 or HandbookQuestions@ed.gov

39. 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/consumerinformation.html • Federal Student Aid Data Center – Clery Act Reports (see compliance reviews) • http://federalstudentaid.ed.gov/datacenter/cleryact.html

40. Resources • 5/29/2013 Electronic Announcement with preliminary guidance • http://ifap.ed.gov/eannouncements/052913ImplementofChangesMade2CleryActViolenceAgainstWomenReauthorizationAct2013.html

41. Questions?

42. Contact informationBriget Jansbjans@depaul.edu312-362-8348