Clery Act 2008 Revisions - Cornell University Police

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Transcript Clery Act 2008 Revisions - Cornell University Police

Public Safety Advisory Committee April 24, 2013


  The "Clery Act" is named in memory of 19 year-old university freshman

Jeanne Ann Clery

who was raped and murdered in her residence hall room on April 5, 1986.

Perpetrator was another student whom she did not know   Led to a national awareness of campus crime Federal Jeanne Clery Act.


 The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 USC § 1092(f)) is the landmark federal law, originally known as the Campus Security Act that requires colleges and universities across the United States to disclose information about crime on and around their campuses.  It is tied to participation in federal student financial aid programs and applies to most institutions of higher education both public and private.  It is enforced by the U.S. Department of Education 3

   Annual Security Report  Statements of Policy  Campus Crime Statistics  Campus Sexual Assault Victim’s Rights Ongoing Disclosures  Emergency Notification  Timely Warnings  Public Crime Log U.S. Department of Education Enforcement  $35,000 fine per violation per day 4

• • • Originally passed in 1990 as part of the Student Right-to‐Know and Campus Security Act.

Amended in 1992, 1998 and 2008 by the Higher Education Amendments.

Codified at 20 USC 1092(f); Regulations appear at 34 CFR 668.46.


• • • • • • Reasonable changes to academic and living situations Referrals to counseling, assistance in notifying law enforcement Same opportunity as accused to have others present at disciplinary hearing Unconditionally notified of outcome of hearing, sanctions and terms of sanctions in place Speak (or choose not to speak) to anyone regarding the outcome Name and identifying information kept confidential (FERPA) 6

• • • • Signed into law on March 7, 2013.

Covers student and staff of institution.

Most dramatic expansion to sexual violence reporting and policy since 1992.

Codified portions of the April 4, 2011 “Dear Colleague Letter“ issued by DOE.


   

SaVE adds the following offenses to the list of criminal offenses for which statistics must be reported:

Domestic Violence Dating Violence, and Stalking 8

   New Policy Statements in the Annual Security Report: Description of “programs to prevent domestic violence, dating violence, sexual assault, and stalking;” and Institutional procedures followed “once an incident of domestic violence, dating violence, sexual assault, or stalking has been reported.” 9

  Requirements for primary prevention and awareness programs for all incoming students and new employees addressing:    Institutional prohibition against domestic violence, dating violence, sexual assault, and stalking;” Definitions under state law Definitions of consent Options for bystander intervention  Information on risk reduction 10

  Institutions are also required to offer ongoing prevention and awareness campaigns for students and faculty which address these issues as well.  The ASR must also describe the rights of victims and institution’s responsibilities regarding: Orders of protection    No Contact orders Restraining orders, or Similar lawful orders issued by a criminal, civil or tribal court 11

  SaVE also mandates specific elements of the student conduct process (as well as the employee conduct process) in cases involving alleged domestic violence, dating violence, sexual assault, or stalking including: Prompt and equitable investigation and resolution;  Conducted by officials who receive annual training on the issues related to domestic violence, dating violence, sexual assault, or stalking and how to conduct an investigation and hearing process that protects the safety and victims and promotes accountability.


  Both the accuser and the accused shall be simultaneously informed, in writing, of The outcome of any disciplinary proceeding that “arises from an allegation of domestic violence, dating violence, sexual assault, or stalking, “    The Institutions procedures for “the accused and the victim to appeal the results of the Institutional disciplinary proceeding,” Any change in the results before they become final, and When the results become final. 13

SaVE requires that any student or employee who reports to the institution that the student or employee has been a victim of domestic violence, dating violence, sexual assault, or stalking must be provided a written explanation of the rights and options for victims. 14