Responsibility, Control, and Sexual Assault: The Clery Act’s Legacy

1. Responsibility, Control, and Sexual Assault: The Clery Act’s Legacy Stephanie Hurley, Marshall University MACUHO Annual Conference 2012

2. Explain Clery Act legislation and university responsibility. • Discuss legal issues associated with Clery Act. • Explore housing specific concerns when responding to sexual assault. • Discuss RA responsibilities and training. • Explore the relationship between victim rights and the control of damaging information. Intentions

3. Jeanne Clery was raped and murdered in her residence hall in 1986. • Litigation following resulted in the Crime Awareness and Campus Security Act, known as the Clery Act. • Institutions who receive federal funding are required to collect and publish campus crime information. • In effect for all crimes, even if they are not legally pursued. The Clery Act

4. Students (and parents) have the right to have a clear picture of the crimes that occur on campus when selecting institutions for study. • Colleges and universities are responsible for informing students, and the public, about the crimes committed on their campus. Protections

5. Crimes are reported with or without victim permission. • Accuracy is a concern as there is a limited “audit” system to hold institutions accountable for reporting crimes. Limitations

6. Collect, classify, and count crime statistics. • Issue campus alerts. • Publish an annual security report. • Submit crime statistics to Department of Education. • Keep a daily crime log (if campus police or security) • Institutions with housing must also: • Disclose missing student information • Disclose fire safety information (fire log) Mandates

7. Center for Disease Control and Prevention reports that 20-25% of all college aged women are victims of sexual assault. • Victims of sexual assault often feel a loss of control. • The Clery Act requires reporting of their victimization, regardless of their choice to prosecute. The Clery Act and Sexual Assault

8. Marshall University and 17 peer institutions • Approximately 11,000 students each • 53% are women (5830) • 20-25% are sexually assaulted during college (1166-1457) • 4 years in an average student career (291-364) • 291-364 multiplied by the number of institutions (5238-6552) Reports

10. Institutions have a responsibility to report these numbers, but can control what assaults get reported. • Staff have a responsibility to report these numbers and control over reporting them even if the victims do not want to pursue a complaint. • Taking control away from victims may harm their ability to cope and heal and may lead to victims holding themselves responsible for their attacks. • Students have control to choose other locations for their education if the numbers are too high. • Reporting low numbers makes it easier for the public to see incidents as isolated and individual rather than pervasive and structural. Responsibility and Control

11. We are often the first respondents. • Sometimes, these incidents take place in our halls. • RAs are often our informants. • Documentation is king. • Timing is significant. • Partnerships with other campus offices are important. • What are your policies? Implications for Housing

12. When is it appropriate to report sexual assault? • Empower victims and discuss responsibility and control. • Am I just another statistic? • Title IX responsibilities exist as well. Victim Rights

13. What questions, comments, or thoughts do you have? Many, many thanks!