Transcript The Clery Act

The Clery Act
Kyle Foreman
Director of Campus Safety and Security
Big Bend Community College
Agenda
•
Background
•
Clery Act Basics
•
Violence Against Women Reauthorization Act
(VAWA)
•
Drug-Free Schools and Communities Act
•
What You Can Do to Help Right Now
•
Helpful Hints/Best Practices
•
Resources
•
Questions
2
Background
•
Campus safety requirements in the HEA
 Added by the Crime Awareness and Campus Security Act of
1990
 1992 Amendments first added policies on sex offenses to the
annual security report
 1998 Amendments expanded the requirements and renamed
the section the 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
•
Section 485(f) of the HEA; 34 CFR § 668 Subpart D
3
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)
4
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
• Submit crime statistics to ED
• Issue Timely Warnings and Emergency
Notifications
5
Clery Basics
• Requirement:
Collect, classify, and count
crime reports and crime statistics
Domestic Violence
Dating Violence
Stalking
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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
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Clery Basics
• Requirement:
Collect, classify, and count
crime reports and crime statistics
 Hate crimes are motivated by the offender’s
category of bias
•
•
•
•
Race
Gender
Religion
Sexual orientation
•
•
•
•
Ethnicity/national origin
Disability
Perceived gender
Gender identity
 Arrests and referrals for disciplinary action are
based on violations of weapons, drug, and liquor
laws, not of institution policies
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Clery Basics
•
Requirement: Publish and distribute annual
security report
 Must publish the annual security report by October 1
each year
 Report must be contained within a single document
 Report must include:
• three calendar year’s of campus crime statistics
• All required current campus safety and security policies
and procedures
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Clery Basics
• Requirement:
Publish and distribute annual
security report
 Must distribute the annual security report to all
current students and 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 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
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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
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Clery Basics
• Requirement:
Submit crime statistics to ED
• Institutions report campus crime statistics for the
three 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
12
Clery Basics
• Requirement:
Issue Timely Warnings and
Emergency Notifications
 Institutions must issue campus alerts to provide
members of the campus community with
information necessary to make informed
decisions about health and safety
 Two kinds of alerts:
• Timely warnings are 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 occurring on the campus that involves an
immediate threat to the health or safety of students or
employees.
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Clery Basics
• Requirement:
Issue Timely Warnings &
Emergency Notifications.
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Clery Basics
•
Requirement: Issue Timely Warnings and
Emergency Notifications
 Include policy statements on both timely warnings
and emergency response and notification procedures
in the annual security report
 All policy statements must accurately reflect the
policies and procedures currently used at the
institution
 FERPA does not preclude compliance with the timely
warning provision
• Health or safety emergency exception to FERPA allows PII
to be disclosed without consent when needed to protect
the health and safety of others
• Law enforcement records are not protected by FERPA
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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
16
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
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Clery Basics
•
Publicizing, testing emergency procedures
 Must disclose emergency response and evacuation
procedures in response to a significant emergency or
dangerous situation involving an immediate threat to
the health or safety of students or employees
occurring on the campus.
 Must describe your procedures for both response
and evacuation in emergency or dangerous
situations.
 You must have an emergency plan, test it, evaluate it
and publicize it.
 Disclosure of emergency response and evacuation procedures citation 34
CFR 668.46(b)(13)
Clery Basics
•
To comply with the Clery requirement, tests must
meet the following criteria:
 At least annually.
 Tests may be announced or unannounced.
 Be scheduled. Actual emergency situations or a false emergency alarms
do not count.
 Contain drills. The drills test a single procedural operation (e.g., a test of
initiating the Campus Alert System or a test of personnel conducting a fire
drill).
 Contain exercises. The drills test coordination of efforts.
 Contain follow-through activities. The tests are designed to review the
test (e.g., a survey or interview to obtain feedback from participants).
 Be designed for assessment of emergency plans and capabilities.
The tests have measureable goals.
 Be designed for evaluation of emergency plans and capabilities. The
drills are designed so that, using the assessments, we can judge whether
or not the test met its goals.
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 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
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Clery Basics
• You
have flexibility in designing tests.
 Drills
 Tabletop
 Functional exercise
 Full-scale
Clery Basics
•
Requirement: Missing Student Notification
 Include a policy statement that addresses missing student
notification for students residing in on-campus student housing in
the annual security report
 Also include the procedures that your institution will follow if any
of those students is determined to be missing for 24 hours
 You 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
personnel in furtherance of a missing person investigation
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Clery Basics
• 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
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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
• 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
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Clery Basics
•
Requirement: Submit fire statistics to ED
• Must annually submit three years worth of statistics
to the ED
 Collected in the same web-based collection tool as the
campus crime statistics
 Includes statistics for each on-campus student housing
facility
• 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
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Clery Basics
• Requirement:
Maintain log of reported fires
 Fire log is a 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
26
Clery Basics
•
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 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
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VAWA
• Violence Against
Women Reauthorization
Act of 2013 (VAWA)(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
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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 regulations are issued,
institutions must make a good faith effort to
comply with the statute
29
VAWA
• Implementation
timeline
• Spring 2013
 ED gathered public comment and testimony on issues
(including VAWA) to negotiate
 May 29th Electronic Announcement with preliminary
guidance
• September 2013 – Federal Register notice
announcing single-issue negotiation and
soliciting nominations
 Nominations were due 10/21/2013
• November/December 2013 – Outreach to
stakeholders
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VAWA
•
Implementation timeline, cont’d
• 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
• 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
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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
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Drug-Free Schools & Communities
Act
•
Implemented in 34 CFR Part 86
•
Requires institutions to certify that they have
developed and implemented a drug and
alcohol abuse education and prevention
program
• 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
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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 and
 A clear statement that the school will impose sanctions on students
and employees who violate drug and alcohol laws, ordinances, and/or
institutional policies
34
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 ED upon request
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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?
36
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
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Resources
• The
Handbook for Campus Safety and
Security Reporting (revised February 2011)
• http://www2.ed.gov/admins/lead/safety/handbook.pdf
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QUESTIONS?
Kyle Foreman
509-793-2299
[email protected]
Contact your campus public
safety/security!
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