Jim Moore | July 2014 SKC Student Services Conference

1. Compliance with the Clery Act: Campus Crime, Fire Safety, and VAWA and An Introduction to the Drug-Free Schools and Communities Act: Practical Advice for Higher Education Officials Jim Moore | July 2014 SKC Student Services Conference

2. Disclaimer This presentation provides general information about the Clery Act and the Drug-Free Schools and Communities Act and 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.

3. Agenda Background • Clery Act Basics • Violence Against Women Reauthorization Act (VAWA) – “10 Things That You Need To Know About VAWA” • Drug-Free Schools and Communities Act • (Quick) Note on Related Issues: FERPA; Title IX • Clery/Part 86 Program Review Overview • Resources – Resource Sheet • Questions

4. Background Campus safety requirements in the HEA • The Crime Awareness and Campus Security Act of 1990 • 1992 Amendments first added policies on sex offenses • 1998 Amendments expanded the requirements and renamed the law - 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 • Legislation: 20 USC § 1092(f) • Regulations: 34 C.F.R. §§ 668.14, 668.41, 668.46, and 668.49

5. 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) Special Note: The Secretary “shall impose” a civil penalty for any Clery Act violation that rises to the level of a “significant misrepresentation.”

6. 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 – must be a single, comprehensive report • Submit crime statistics to ED • Issue Timely Warnings and Emergency Notifications

7. Clery Basics Requirement: Collect, classify, and count crime reports and crime statistics • Currently includes three broad categories of crime (VAWA added a 4th)

8. 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

9. Clery Basics Requirement: Collect, classify, and count crime reports and crime statistics • Hate crimes are motivated by the offender’s category of bias • **To be added to the regs (per the Matthew Shephard Act, 2009) • 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**

10. Clery Basics Requirement: Publish and distribute an ASR • Must publish the annual security report by October 1 each year • Report must be contained within a single document • Report must include: • 3 calendar year’s of campus crime statistics • All required current campus safety and security policies and procedures

11. Clery Basics Requirement: Publish and distribute annual security report • Must distribute the annual security 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 to current students and employees* • *If you post the annual security report 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

12. 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 report’s 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

13. Clery Basics Requirement: Submit crime statistics to ED • Institutions 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 each year – typically mid-October • Collected data are posted on OPE’s Data Analysis Cutting Tool (linked to College Navigator) for public use

14. 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

15. 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

16. 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 2 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

17. Clery Basics Requirement: Fire Safety Policies and Statistics • 3 primary compliance areas: • Annual fire safety report • Submit fire statistics to ED • Fire log

18. 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 • must be a single, comprehensive report • 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

19. Clery Basics Requirement: Submit fire statistics to ED • Must annually submit 3 years’ worth of statistics to the Department • Collected in the same web-based collection tool as the campus crime statistics • Includes statistics for each on-campus student housing facility – if questions arise about ownership or whether a housing unit is actually on-campus, please consult with the Clery Division – clery@ed.gov • 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

20. Clery Basics Requirement: Fire log • Fire log is a record of any fire that occurs in an on-campus student housing facility • Records nature, date the crime 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

21. Clery Basics Requirement: Fire 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 2 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

22. VAWA Violence Against Women Reauthorization Act of 2013 (VAWA)(Pub. Law 113-4) • Enacted March 7th, 2013 • Amended the Clery Act • Requires expanded reporting for incidents of sexual assault, dating violence, domestic violence, and stalking institutions that are reported to campus security authorities or local police agencies • Requires institutions to include certain policies procedures, and information about certain training programs in the ASR

23. VAWA New Programmatic and Training Requirements include: • Awareness • Primary Prevention • Bystander Intervention • Specialized Training for Adjudication Officials Regulatory changes affect ASRs and crime statistics reported to ED beginning Fall 2014 Until final regulations are issued, institutions must make a good faith effort to comply with the statute

24. VAWA Implementation Timeline • Early 2014 – Negotiated Rulemaking Committee meetings • January 13-14 – First round of negotiations • February 24-25 – Second round of negotiations • March 31–April 1 – Third round of negotiations – Consensus Reached!!! • October 2014 – Institutions complete annual security reports and report to ED using good faith effort With the Master Calendar in mind, The GOAL for publishing final regulations is November 1, 2014 • July 2015 – Final regulations become effective • October 2015 – Institutions complete annual security reports and report statistics to ED under final regulations

25. Drug-Free Schools & Communities Act Implemented by 34 CFR Part 86 • Requires institutions to certify that they have developed and implemented a drug and alcohol abuse education and prevention program (DAAPP) – completed through the PPA • 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

26. 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 • A clear statement that the school will impose sanctions on students and employees who violate drug and alcohol laws, ordinances, and/or institutional policies

27. 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 the Department upon request Special Note* The DFSCA requirements are stackable/cumulative i.e. if an institution fails to develop and implement a substantive DAAPP, the institution CANNOT comply with the other requirements

28. How You Can Help! Make sure that your school has an ASR • Is it accurate and complete? • Was it distributed properly? Review your school’s campus security policies • Do the policies pass the “smell test?” • Use what you know about ED’s standards for policy development Take a look at your school’s crime log • Does your school have one? • Is it accessible to the public?

29. 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”

30. QUESTIONS? Jim Moore Clery Act Compliance Division james.moore@ed.gov Keith Ninemire Clery Act Compliance Division keith.ninemire@ed.gov