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The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics
Act, codified at 20 USC 1092 (f) as a part of the Higher Education Act of 1965,
is a federal law that requires colleges and universities to disclose certain timely
and annual information about campus crime and security policies. All public and
private institutions of postsecondary education participating in federal student
aid programs are subject to it. Violators can be "fined" up to $27,500
by the U.S. Department of Education, the agency charged with enforcement of the
Act and where complaints of alleged violations should be made, or face other enforcement
action.
The Clery Act, originally enacted by the Congress and signed into law by President
George Bush in 1990 as the Crime Awareness and Campus Security Act of 1990, was
championed by Howard & Connie Clery after their daughter Jeanne was murdered
at Lehigh University in 1986. They also founded the non-profit Security On Campus,
Inc. in 1987. Amendments to the Act in 1998 renamed it in memory of Jeanne Clery.
Annual
Report
Schools have to publish an annual report every year by October 1st that
contains 3 years worth of campus crime statistics and certain security policy statements
including sexual assault policies which assure basic victims' rights, the law enforcement
authority of campus police and where students should go to report crimes. The report
is to be made available automatically to all current students and employees while
prospective students and employees are to be notified of its existence and afforded
an opportunity to request a copy. Schools can comply using the Internet so long
as the required recipients are notified and provided the exact Internet address
where the report can be found and paper copies are available upon request. A copy
of the statistics must also be provided to the U.S. Department of Education.
Crime
Statistics
Each school must disclose crime statistics for the campus, unobstructed
public areas immediately adjacent to or running through the campus, and certain
non-campus facilities including Greek housing and remote classrooms. The statistics
must be gathered from campus police or security, local law enforcement, and other
school officials who have "significant responsibility for student and campus
activities" such
as student judicial affairs directors. Professional mental health and religious
counselors are exempt from reporting obligations, but may refer patients to a confidential
reporting system which the school has to indicate whether or not it has.
Crimes
are reported in the following seven major categories, with several sub-categories:
1) Criminal Homicide broken down by a) Murder and Nonnegligent Manslaughter and
b) Negligent manslaughter; 2) Sex Offenses broken down by a) Forcible Sex Offenses
(includes rape) and b) Nonforcible Sex Offenses; 3) Robbery; 4) Aggravated Assault;
5) Burglary; 6) Motor Vehicle Theft; and 7) Arson.
Schools are also required
to report the following three types of incidents if they result in either an arrest
or disciplinary referral: 1) Liquor Law Violations; 2) Drug Law Violations; and
3) Illegal Weapons Possession. If both an arrest and referral are made only the
arrest is counted.
The statistics are also broken down geographically
into "on campus," "residential
facilities for students on campus," noncampus buildings, or "on public
property" such as streets and sidewalks. Schools can use a map to denote these
areas. The report must also indicate if any of the reported incidents, or any other
crime involving bodily injury, was a "hate crime."
Access To Timely Information
Schools are also required
to provide "timely warnings" and a separate
more extensive public crime log. It is these requirements which are most likely
to affect the day to day lives of students. The timely warning requirement is somewhat
subjective and is only triggered when the school considers a crime to pose an ongoing "threat
to students and employees" while the log records all incidents reported to
the campus police or security department.
Timely warnings cover a broader source of
reports (campus police or security, other campus officials, and off-campus law
enforcement) than the crime log but are limited to those crime categories required
in the annual report. The crime log includes only incidents reported to the campus
police or security department, but covers all crimes not just those required in
the annual report, meaning crimes like theft are included in the log. State crime
definitions may be used.
Schools that maintain a police or security department
are required to disclose in the public crime log "any crime that occurred on campus…or within
the patrol jurisdiction of the campus police or the campus security department
and is reported to the campus police or security department." The log is required
to include the "nature, date, time, and general location of each crime" as
well as its disposition if known. Incidents are to be included within two business
days but certain limited information may be withheld to protect victim confidentiality,
ensure the integrity of ongoing investigations, or to keep a suspect from fleeing.
Only the most limited information necessary may be withheld and even then it must
be released "once the adverse effect…is no longer likely to occur."
The
log must be publicly available during normal business hours. This means that in
addition to students and employees the general public such as parents or members
of the local press may access it. Logs remain open for 60 days and subsequently
must be available within two business days of a request.
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