1 / 42

Complying with the Clery Act

Complying with the Clery Act. Briget Biernat Jans Director of Financial Aid Compliance DePaul University. Agenda. Background Basic Requirements Violence Against Women Reauthorization Act (VAWA) Drug-Free Schools and Communities Act What to Check Best Practices Resources.

shana
Télécharger la présentation

Complying with the Clery Act

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript


  1. Complying with the Clery Act Briget Biernat Jans Director of Financial Aid Compliance DePaul University

  2. Agenda • Background • Basic Requirements • Violence Against Women Reauthorization Act (VAWA) • Drug-Free Schools and Communities Act • What to Check • Best Practices • Resources

  3. Background • Campus safety requirements in the HEA • Crime Awareness and Campus Security Act of 1990 • 1992 Amendments added policies on sex offenses to the annual security report • 1998 Amendments expanded requirements and renamed the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) • 2008 again expanded the requirements • “Campus SaVE” provisions of the Violence Against Women Act (VAWA) will be added October 2014

  4. Background • Law • Section 485(f) of the Higher Education Act • Regulations • 34 Code of Federal Regulations § 668 Subpart D

  5. Clery Act • Compliance is monitored by ED • Civil penalties up to $35,000 per violation • Non-compliance can lead to suspension from FSA programs • Separate team in Washington focused on monitoring • Conduct campus crime program reviews • Compliance required of all public and private postsecondary institutions participating in Title IV • Requirement begins on effective date of PPA

  6. Basic Requirements • 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

  7. Basic Requirements • Requirement: Collect, classify, and count crime reports and crime statistics • Currently three crime categories (VAWA adds 4th)

  8. Basic Requirements • Requirement: Collect, classify, and count crime reports and crime statistics • 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 statistics • Count attempted and completed crimes • Reasonable, good faith effort to obtain crime statistics from local law enforcement

  9. Basic Requirements • Requirement: Collect, classify, and count crime reports and crime statistics • Hate crimes are motivated by the offender’s category of bias • Arrests, referrals for disciplinary action based on violations of weapons, drug, liquor laws, not institutional policies **Added per Matthew Shephard Act, 2009 • Race • Gender • Religion • Sexual orientation • Ethnicity/national origin • Disability • Perceived gender** • Gender identity**

  10. Basic Requirements • Requirement: Publish and distribute annual security report • Must publish report by October 1 each year • Must be contained within a single document • Must include: • three calendar year’s of campus crime statistics • All required current campus safety and security policies and procedures

  11. Basic Requirements • Requirement: Publish and distribute annual security report • Must distribute to all current students & 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, employees • If you post 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

  12. Basic Requirements • Requirement: Publish and distribute annual security report • Must actively notify prospective students and employees about the availability of report. Notice must include description of the report’s contents and how to obtain paper copy • Must provide a copy of the ASR upon request • If posted on website, notice must include URL where ASR is posted • For prospective students and employees, an intranet site is not sufficient

  13. Basic Requirements • Requirement: Submit crime statistics to ED • Report campus crime statistics for the 3 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 annually– typically mid-October • Collected data posted on OPE’s Data Analysis Cutting Tool (linked to College Navigator) for public use

  14. Basic Requirements • Requirement: Issue Timely Warnings and Emergency Notifications • Must issue campus alerts to provide members of campus community with information necessary to make informed decisions about health and safety • Two kinds of alerts • Timely warnings 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 on campus involving immediate threat to health or safety

  15. Basic Requirements

  16. Basic Requirements • Requirement: Issue Timely Warnings and Emergency Notifications • Annual security report must Include policy statements on both timely warnings and emergency response and notification procedures • All policy statements must accurately reflect policies and procedures currently used at the institution • FERPA does not preclude compliance with the timely warning provision • Emergency exception to FERPA allows for PII disclosure to protect the health and safety of others • Law enforcement records are not protected by FERPA

  17. Basic Requirements • 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

  18. Basic Requirements • Requirement: Daily Crime Log • A daily record of criminal and alleged criminal incidents reported to 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

  19. Basic Requirements

  20. Basic Requirements • 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

  21. Basic Requirements • Requirement: Missing Student Notification • Annual security report must Include policy statement addressing missing student notification for students residing in on-campus student housing • Include the procedures institution will follow if any of those students is determined to be missing for 24 hours • 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 in furtherance of a missing person investigation

  22. Basic Requirements • 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

  23. Basic Requirements • 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 separately, specify how to access the other report in each one

  24. Basic Requirements • Requirement: Submit fire statistics to ED • Must annually submit 3 years worth of statistics to ED • Reported via same web-based collection tool as campus crime statistics • Includes statistics for each on-campus student housing facility • Statistics include: • Number and cause of each fire • Number of persons with fire-related injuries resulting in treatment at a medical facility • Number of deaths related to a fire • Value of property damage

  25. Basic Requirements • Requirement: Maintain log of reported fires • 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. Basic Requirements • 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 2 business days • Update disposition up to 60 days from when entered in the log • Schools must archive log for seven years • 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

  27. VAWA • Violence Against Women Reauthorization Act of 2013 (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

  28. 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 regs issued, institutions must make a good faith effort to comply with the statute • Final of three Negotiated Rulemaking Committee meetings was held earlier this week

  29. VAWA • 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

  30. 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

  31. Drug-Free Schools & Communities Act • Implemented in 34 CFR Part 86 • Institutions must certify they have developed and implemented drug and alcohol abuse education and prevention program • Must be designed to prevent the unlawful possession, use, and distribution of drugs and alcohol on campus and at recognized events and activities • Institutions must distribute certain information to students and employees annually • Must do a biennial review of the program

  32. Drug-Free Schools & Communities Act • Annual disclosure • Must share information with current students, 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

  33. Drug-Free Schools & Communities Act • Annual disclosure • Must include (cont’d) • Health risks associated with the use of drugs and alcohol • Information on counseling, rehabilitation, and treatment programs • Clear statement that 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 • Determine the effectiveness of your drug and alcohol abuse prevention program • Ensure consistent enforcement of applicable laws, ordinances, and institutional policies against violators • The biennial review report and supporting documents must be maintained and made available to ED upon request

  35. What to Check • Make sure that your school has an Annual Security Report • Is it accurate and complete? • Was it distributed properly? • Review campus security policies • Do the policies pass the reasonableness test? • Use what you know about ED’s standards for policy development • Take a look at the 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 • Check crime statistics for similar schools using the “Campus Safety and Security Data Analysis Cutting Tool” • http://www.ope.ed.gov/security/

  37. Resources • The Handbook for Campus Safety and Security Reporting (revised February 2011) • http://www2.ed.gov/admins/lead/safety/handbook.pdf • Handbook Help Desk • Clarifications – see 3/26/12 communication https://surveys.ope.ed.gov/security/HelpDeskEmailView.aspx • 1-800-435-5985 or HandbookQuestions@ed.gov

  38. Resources • ED Campus Safety website (includes a training video) • http://www2.ed.gov/admins/lead/safety/campus.html • Federal Student Aid Self-Assessment of Clery Compliance • http://ifap.ed.gov/qahome/qaassessments/consumerinformation.html • Federal Student Aid Data Center – Clery Act Reports (see compliance reviews) • http://federalstudentaid.ed.gov/datacenter/cleryact.html

  39. Resources • 5/29/2013 Electronic Announcement with preliminary guidance • http://ifap.ed.gov/eannouncements/052913ImplementofChangesMade2CleryActViolenceAgainstWomenReauthorizationAct2013.html

  40. Questions?

  41. Contact informationBriget Jansbjans@depaul.edu312-362-8348

More Related