The Clery Act, VAWA, and More

1. The Clery Act, VAWA, and More Jim Moore Clery Act Compliance Team FSA Learning Symposium

2. Background/History of the Clery Act Campus safety and crime prevention requirements in the HEA starts with the Crime Awareness and Campus Security Act of 1990 • 1992 - Expanded sexual assault policy requirements • 1998 - Expanded reporting requirements and renamed the law in memory of Jeanne Clery (Crime Log; Expanded geographical scope) • 2000 - Victims of Trafficking Act (Sex offender registry) • 2008 – HEOA (Emergency notification and response; Fire safety) • 2013 - Section 304 of VAWA amends the Clery Act • What’s on the horizon… College Accountability and Safety Act (CASA)? Hold Accountable and Lend Transparency Act (HALT)?

3. Monitoring and Enforcement Federal Student Aid monitors & enforces the Clery Act: • Program Reviews - Three Types • Complaint Assessments • Media Assessments Possible consequences of review findings: • Fines - up to $35,000 per offense (CASA Proposal) • Limitation, suspension, or termination of the eligibility for student financial aid programs; denial of recertification or revocation of a provisional Program Participation Agreement Special Note: The Secretary “shall impose” a civil penalty for any Clery Act violation that rises to the level of a “significant misrepresentation.”

4. Do It For Jeanne…Your Children…Your Students…Your School

5. Clery Basics – Getting It Right! Theme #1: Moving from compliance to excellence! Theme #2: Focus on campus safety & crime prevention Theme #3: Protect the “brand” and risk management • Student Activism • Media Attention • Better Awareness • Shifting Incentives • Financial/Existential Pressures

6. Clery Basics The Clery Act campus safety and crime prevention provisions require all* schools to: • Classify crime reports and compile and disclose crime statistics • Publish and actively distribute an annual security report (ASR) that contains all required statistical and policy disclosures (50+) • Submit crime statistics to ED • Issue timely warnings and emergency notifications • Police/Security: Daily Crime Log • Housing: Missing Persons Notification & Fire Safety

7. Clery Basics - Reportable Offenses

8. Clery Basics – Hate Crimes Classify crime reports and disclose crime statistics • Hate crimes are motivated by the offender’s category of bias **Added to the Clery Act by the Matthew Shepard Act (2009) • Race • Gender • Religion • Sexual orientation • Ethnicity/national origin • Disability • Perceived gender** • Gender identity**

9. Clery Basics - “Clery Geography” Clery Geography Defined: • Campus I: any building or property owned or controlled by an institution within the same reasonably contiguous geographic area and is used by the institution in direct support of, or in a manner related to, its educational purposes, incl. Residence halls • Campus II: any building or property that is within or reasonably contiguous to the area identified above that is owned by the institution but is controlled by another person, is frequently used by students, and supports institutional purposes (such as food or other retail vendor)

10. Clery Basics - “Clery Geography” • 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. Clery Basics - Special Considerations Additional requirements: • Institutions with a campus police or security presence** must additionally maintain a daily crime log • Institutions with on-campus student housing facilities must additionally: • Develop and implement missing student notification procedures that pertain to students residing in those facilities and include them in the ASR • Comply with fire safety requirements

14. Clery Basics – Crime Log Daily Crime Log • Log is a daily record of criminal and alleged criminal incidents reported to the campus police or security personnel • 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

15. Clery Basics - Missing Students Missing Student Notification • Include a statement in the ASR that addresses missing student notification procedures that will apply when a it is determined that a student that resides in on-campus student housing has been missing for 24 hours • Students must be given the opportunity to register a confidential contact with the institution • Confidential information for this purpose must be kept separate from general emergency contact information • Only authorized officials may have access to the information • Such information may only be disclosed to law enforcement in furtherance of a missing person investigation

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

17. Clery Basics - Fire Safety Publish an Annual Fire Safety Report (AFSR) • Must publish and actively distribute AFSR by October 1st • 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

18. Violence Against Women Reauthorization Act of 2013 • 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) and clarifies the limitations on “unfounding” a reported offense • Requires that the ASR include additional information about policies, procedures, and training programs aimed at sexual assault prevention and response • Expands accommodations and protective measures requirements

19. Violence Against Women Reauthorization Act of 2013 New Programmatic and Training Requirements include: • Awareness Campaigns – Ongoing Requirement • Primary Prevention • Risk Reduction • Bystander Intervention Per Master Calendar, final regulations went into effect July 1, 2015Institutions were already obligated to make a documented, good faith effort to comply with the statutory requirements – 2014 ASR Intersection of Clery Act & Title IX: Strict compliance with Clery Act/VAWA will NEVER cause a direct violation of FERPA and/or Title IX: https://www.notalone.gov/assets/ferpa-clerychart.pdf

20. 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 Adjudication Officials • Reforms the disciplinary proceeding process • Fair, prompt, and impartial process • How to file complaints • Explicit right to timely notice of all meetings (including appeals) • List possible sanctions • Describe the range of protective measures • Equal opportunities to be heard, present evidence, and have others present • Advisor of choice • Unconditional and simultaneous notice of outcomes reached and sanctions imposed

21. What can I do to help??? • Enjoy the best time of your life - parents and students • Ask questions about safety during campus visits • Get involved - campus and community activism • Be vigilant - stay informed: sign up for campus alerts • Be on the lookout for changes in behavior and mood • Talk to your kids about all safety issues: drugs and alcohol, good decision making, healthy choices • Assess campus culture and climate…before selecting a school • Set boundaries • Choose friends and activities wisely • Lock doors - secure property (bikes, computers, cars) • Travel in groups - go together, stay together

22. QUESTIONS? Jim Moore Clery Act Compliance Team james.moore@ed.gov General Inquiry Mailbox clery@ed.gov