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1 [1] (July 31, 2019)

handle is hein.crs/govbapt0001 and id is 1 raw text is: Congressional Research Service ~~ nfo rrmigtheclegisltive debate since 1914 0 July 31, 2019 The Clery Act: Requirements and Legal Issues Colleges, universities, and other institutions of higher education (IHEs) face several federal legal requirements that pertain to the safety and security of students. One statute that addresses such issues is the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act). The Clery Act applies to all domestic IHEs that participate in Title IV of the Higher Education Act's student financial assistance programs. The Clery Act requires covered IHEs to publish a report (by October 1 of each year) disclosing campus crime statistics and campus security policies. The Department of Education (ED) has promulgated regulations implementing the Clery Act. ED's Office of Federal Student Aid conducts reviews to evaluate compliance with the statute and imposes fines on institutions for noncompliance. Crime Statistics The Clery Act instructs covered IHEs to publish an annual security report (ASR) containing crime statistics for the past three years. IHEs must share the ASR with current students and employees, as well as with any applicants for enrollment or employment upon request (IHEs must also submit a copy to ED). Reportable Crimes Incidents that must be published in an IHE's ASR include various criminal offenses reported to campus security authorities or local police agencies, including murder, sex offenses, robbery, aggravated assault, burglary, auto theft, manslaughter, and arson. In addition, an ASR must include incidents reported to campus security or local police if the victim of any of the aforementioned crimes, or the victim of any of a broader group of crimes (such as larceny-theft, simple assault, intimidation, destruction of property, or crimes involving bodily injury to a person) was selected based on race, gender, religion, national origin, sexual orientation, gender identity, ethnicity, or disability. A school's ASR must also include arrests (and referrals for campus disciplinary action) for liquor and drug-related violations, as well as weapons possession. Finally, under amendments under the Violence Against Women Reauthorization Act of 2013 (VAWA 2013), an ASR must include incidents of domestic violence, dating violence, and stalking reported to campus security authorities or local police. The statistics that must be published under the Clery Act do not include the identities of persons accused of committing a crime or the victims of those crimes. Clery Geography Incidents must be collected and included in the ASR if they occur on campus, on public property within or immediately adjacent to the school, or on certain noncampus buildings or property. The latter includes property owned or controlled by a student organization officially recognized by the institution, as well as any property frequently used by students that is owned or controlled by the institution and supports its educational purposes. Campus Alerts and Information Regarding Criminal Activity IHEs must also issue timely alerts to the campus community of Clery Act-specified crimes that are reported to campus security or local police and constitute a threat to students and employees. The alerts must withhold the names of victims as confidential. In the case of an immediate threat to the health or safety of students or employees, an institution must follow its emergency notification procedures (discussed below). If an institution maintains a police or security department, then that department must keep a daily security log that records all crimes reported to it. That log must be open to public inspection. The log must include all covered incidents within the patrol jurisdiction of the campus police. Who Are Campus Security Authorities? ASR's and crime alerts are only required to include covered incidents reported to local police agencies or campus security authorities. Clery Act regulations provide that campus security authorities include campus police or security departments; individuals entrusted with responsibility for campus security; any individual or entity specified in a statement of campus security policy to which students and employees should report criminal offenses; and any official who has significant responsibility for student and campus activities, including student housing or discipline. But pastoral or professional counselors do not qualify when acting in that capacity. Campus Policies IHEs must also include in their ASR a statement on a number of school policies. General Policies IHEs must provide a statement on the procedures available for students to report crimes (including how to do so on a voluntary and confidential basis) and the policies the IHE has concerning its response to these reports; the titles of persons or organizations that students and employees should report criminal offenses to; security and access to campus facilities; law enforcement authority on campus; and a description of programs geared toward informing employees and students of security procedures and the prevention of crimes. The ASR also must include a statement of policy on the monitoring through local police of criminal activity at off- campus student groups; underage drinking and illegal drug httfps:!crsreports cong --sg