Clery Act Compliance

1. FACILITIES CONFERENCE April 11-13, 2012 Clery Act Compliance A Basic Overview Tracy L. Worsley Emergency Preparedness and Security Manager Extraordinary Education - Partner of Choice - Best Value

2. What is the Clery Act? Federal law passed in 1990, that governs how colleges report on and work to prevent crimes on campus. Named for Jeanne Clery, a Lehigh University student who was murdered in her residence hall by a felon, about whom, the campus was never notified. Extraordinary Education - Partner of Choice - Best Value

3. Who is covered by the Clery Act? • All public and private institutions of postsecondary education participating in federal student aid programs must comply • Most recently amended by the Higher Education Equal Opportunity Act Extraordinary Education - Partner of Choice - Best Value

4. Clery Act Reporters Under Clery, employees who are responsible for certain security functions are considered to be “Campus Security Authorities” And are required to report certain incidents for statistical purposes Extraordinary Education - Partner of Choice - Best Value

5. Campus Defines Who are Campus Security Authorities • Examples: • Campus police/security departments • Individuals responsible for security • Access monitor • Resident assistant • Individuals or offices designated to receive crime reports • Officials with significant responsibility for student activities • Dean of Students • Director of athletics/coaches • Faculty advisor to a student organization Extraordinary Education - Partner of Choice - Best Value

6. Who are NOT Campus Security Authorities? • Faculty without responsibility for student or campus activities outside the classroom • Support Staff • Clerical • Maintenance • Food service workers • Medical doctors and counselors responsible for treatment Extraordinary Education - Partner of Choice - Best Value

7. System Procedure 1.B.3.1 • Sexual Violence Procedure • Defines Campus Security Authorities for reporting alleged acts of sexual violence Extraordinary Education - Partner of Choice - Best Value

8. Clery Crime Reporting Depends on Location • Must be reported if: • On Campus • Student Residential Facilities • Non-Campus – owned or controlled by college/university • Public Property – within or immediately adjacent to campus • Each campus of an institution must comply – including foreign campus of a U.S. school Extraordinary Education - Partner of Choice - Best Value

9. What Crimes Must be Reported? • Three General Crime Categories • Listed Offenses (UCR Definitions) • Criminal Homicide • Sex Offenses • Robbery • Aggravated Assault • Burglary • Motor Vehicle Theft • Arson • Certain Hate Crimes • Arrests and Referrals for Disciplinary Action (Certain weapons, drugs and alcohol offenses) Extraordinary Education - Partner of Choice - Best Value

10. Hate Crimes Under Clery • Are certain crimes that manifest evidence that the victim was intentionally selected because of the perpetrator’s bias based on: • Race • Gender • Religion • Sexual Orientation • Ethnicity/National Origin • Disability Extraordinary Education - Partner of Choice - Best Value

11. Arrests and Referrals for Weapons, Drugs and Alcohol Violations • Arrest – Persons processed by arrest, criminal citation or summons • Referral – referral of any person to campus official who initiates a disciplinary action of which a record is kept and which may result in the imposition of a sanction Extraordinary Education - Partner of Choice - Best Value

12. Annual Security Report • ANNUAL SECURITY REPORT DUE OCTOBER 1! • Earlier Not Later, No Grace Period • Who Gets ASR: • Current/Prospective Students • Current/Prospective Employees • Must document institution has annual report and where they can get it. Extraordinary Education - Partner of Choice - Best Value

13. Annual Security Report • Direct Distribution • US Postal Service • Campus Mail System • Email • Posting on Inter/Intranet • Must Include: • A statement of the reports availability • A list and brief description of the content • Exact electronic address (URL) • Statement that a paper copy is available upon request Extraordinary Education - Partner of Choice - Best Value

14. Annual Security Report • MUST Include Policy Statements • Reporting Crimes and Other Emergencies • Emergency Response and Evacuation • Missing Student Notification Procedures • Security of and Access to Campus Facilities • Campus Law Enforcement Policy • Security Awareness Programs • Crime Prevention Programs • Drug and Alcohol Policy • Sex Offense Policy • Sex Offender Registration Policy Extraordinary Education - Partner of Choice - Best Value

15. Policy Requirements • Emergency Response and Evacuation Policy • “Immediate” Notification • Annual Notification • Annual Testing • Missing Student Notification Policy Statements • Institutions With On-Campus Student Housing Disclose • Who to Report to after 24 hours missing • Confidential Emergency Contact Extraordinary Education - Partner of Choice - Best Value

16. Policy Requirements • Security Awareness Policy Statements • Describe the type and frequency of programs designed to inform students/employees on security procedures/practices that are in place • Encourage students and employees to be responsible for their own security and that of others • Disclose if no programs are offered Extraordinary Education - Partner of Choice - Best Value

17. Policy Requirements • Crime Prevention Policy Requirement • Describe the program, don’t just list the titles • State which programs target students, employees or both • State if no programs • Substance Abuse Education Policy Requirements • Have a drug and alcohol abuse prevention program available for students and employees • This is NOT optional; required by HEA. Extraordinary Education - Partner of Choice - Best Value

18. Policy Requirements • Sex Offense Policy Statement Requirements – (See Also Board Policy 1.B.3. and 1.B.3.1.) • Educational Program to Prevent Sex Offenses • Procedures to follow When a Sex Offense Occurs • Option to Notify Law Enforcement • Notification of on/off Campus Services • Change of Academic and Living Situation • Campus Disciplinary Procedures • Sanctions Following a Final Determination Extraordinary Education - Partner of Choice - Best Value

19. Ongoing Disclosure Requirements • Emergency Notification • New Requirement Aug 2008 • Broad Array of Potential Threats • Applies Only to Threats Occurring “On-Campus” • Excludes Threats Occurring Off-Campus or Public Property • Exception if Issuing Notice Compromises Efforts to Contain the Emergency Extraordinary Education - Partner of Choice - Best Value

20. Ongoing Disclosure Requirements • Emergency notifications should be issued when it is determined that there is a “significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees occurring on campus • Emergency Notification Policy • Articulates the “process used” to confirm the emergency or dangerous situation that threatens the health or safety of students or employees Extraordinary Education - Partner of Choice - Best Value

21. Ongoing Disclosure Requirements • Emergency Notification • Intention is to discourage a process that will delay issuance • Initiate Notification “Without Delay” • Unless Notification Will Compromise • Need Not Issue Timely Warning based on the same circumstances • Adequate Follow-up Information Extraordinary Education - Partner of Choice - Best Value

22. Ongoing Disclosure Requirements • Timely Warning Policy • Triggered by Clery Act Crimes • Must be included in Annual Statistics • Reported to a Campus Security Authority or Local Law Enforcement • Occurred in Specified Geographic Area • Considered by Institution to Represent a Serious or Continuing Threat to Students and Employees • Collect information from Campus Security Authorities Extraordinary Education - Partner of Choice - Best Value

23. Ongoing Disclosure Requirements • Timely Warning Policy • Specify Who is Responsible • Individual (Title) • Department/Office • Consultation Process • Must be Quick (Timely) • Community Wide • Aid in the Prevention of Similar Crimes • Specify Methods – how message is disseminated Extraordinary Education - Partner of Choice - Best Value

24. Ongoing Disclosure Requirements • Timely Warnings Include • Information that Promotes Safety • Allows individuals to Protect Themselves • Time. Location and Type of Crime • Daily Crime Log • Contains All Reported Crimes • Logged Only If Reported to Police/Security • May Include Wider Geographic Area Extraordinary Education - Partner of Choice - Best Value

25. Ongoing Disclosure Requirements • Daily Crime Log • Includes: • Nature of the Crime (note: Names NOT Required) • Date/Time Occurred • Recorded in Order Received • General Location • Disposition • Easily Understood • MUST BE MADE PUBLIC • DO NOT DISCLOSE PERSONALLY IDENTIFYING INFORMATION Extraordinary Education - Partner of Choice - Best Value

26. Ongoing Disclosure Requirements • Daily Crime Log – Availability • Hard or Electronic Copy • On-Site at Each campus • Most Recent 60 Days • During Normal Business Days/Hours • Within 2 Business Days of a Request MUST Publicize Availability! Archived for at Least Seven Years! Extraordinary Education - Partner of Choice - Best Value

27. Annual Security Report • Posting on the Inter/Intranet • The exact address wherein the report lies - CANNOT be the institution’s homepage • Do Not Have to Provide Every Element of the ASR • For Current Student/Employees this is Stand Alone Information. • For Prospective Student/Employees this Notice can be Provided Along With Other Information Extraordinary Education - Partner of Choice - Best Value

28. Records Retention • Seven Year Archive • Copies of Crime Reports • Daily Crime Log • Arrests and Referrals for Disciplinary Action • Timely Warning Reports • Letters To/From Campus Security Authorities • Letters To/From Local Police (Clery Act Items) • ED Correspondence On Clery Act items • ASR Availability Notices to Students and Employees. Extraordinary Education - Partner of Choice - Best Value

29. Resources • Clery Act Handbook - http://www2.ed.gov/admins/lead/safety/handbook.pdf • Security On Campus Inc. - http://www.securityoncampus.org/index.php?Itemid=60&id=271&option=com_content&view=article • Higher Education Compliance Alliance - http://www.higheredcompliance.org/ Extraordinary Education - Partner of Choice - Best Value

30. System Office Resources • Tracy L. Worsley – Emergency Preparedness and Security Manager, Tracy.Worsley@so.mnscu.edu, 651-201-1797 • Mike Lopez – Associate Vice Chancellor for Student Affairs, Mike.Lopez@so.mnscu.edu, 651-201-1673 • Kris Kaplan – Assistant General Counsel, Kristine.Kaplan@so.mnscu.edu, 651-201-1749 Extraordinary Education - Partner of Choice - Best Value