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The Clery Act

The Clery Act. Consumer Information Requirements and Disclosures Campus Security Act Violence Against Women Act (VAWA) Janet Dodson Tuition Exchange, Inc jdodson@tuitionexchange.org. Today’s Focus. What is the Clery Act (CA) Requirements The Players – (CSA’s) Campus Security Authorities

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The Clery Act

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  1. The Clery Act • Consumer Information Requirements and Disclosures • Campus Security Act • Violence Against Women Act (VAWA) Janet Dodson Tuition Exchange, Inc jdodson@tuitionexchange.org

  2. Today’s Focus • What is the Clery Act (CA) • Requirements • The Players – (CSA’s) • Campus Security Authorities • Understanding the Basics • Campus Crime Reporting • Clery Reportable Offenses

  3. Today’s Focus con't • Geographic Area • Timely Warning Notices • Emergency Notifications and Response Testing • Fire Safety • Missing Person • Notices • Policy Statements • Violence Against Women Act (VAWA) • Resources

  4. What is the Clery Act • The Crime Awareness and Campus Security Act • Section 485 of HEA • Records and reporting • Annually • No later than October 1

  5. Requirements • Are complex • Need coordination • Involve most campus offices • Records and reports are prescribed

  6. The Players – “CSA’s” • President • Senior administrators • Safety administrators • Student life employees • Resident hall • Athletics • coaches • Financial aid • Student accounts

  7. Campus Security Authorities • Any school employee with significant responsibility for… • Students, or • Campus activities, or • Building relationships • HINT! Focus on the function of the employee

  8. Campus Security Authorities • Differ from Clery Compliance Officers (CCO) • CSA includes ALL personnel involved with: • Public safety • Security • Student advisors • CCO have specific assigned duties for insuring school compliance with ALL Clery Act elements

  9. Understanding the Basics • Campus crime reporting • Timely warning notices • Emergency notifications • Testing • Fire safety reporting • Missing student procedures • Notices • Prospective students • Employees • Policy statements

  10. Campus Crime Reporting • By October 1 requirements • Publish and disseminate annual report • Crime stats for current calendar year and two preceding years • Should the crime be included? • Was the crime reported to CSA? • Is the crime one of the 12 Clery-reportable offenses? • Did the crime occur in a Clery-reportable geographic area?

  11. Clery-Reportable Offenses • Murder • Sex Offenses • Forcible • rape • Non-forcible • Robbery • Aggravated assault • Burglary • Motor vehicle theft • Manslaughter • Arson

  12. Clery-Reportable Offensescon't • Arrests or persons referred for campus disciplinary action for: • Liquor law violations and/or • Drug-related violations and/or • Weapon Possession • Hate crimes • When the victim is intentionally selected because of actual or perceived race, gender, religion, sexual orientation, ethnicity or disability

  13. Geographic Area • Three types of school property • Campus and • Non-campus buildings or property and • Public property areas HINT! Publish a map in your annual security report depicting the boundaries of these areas

  14. Geographic Area con't • Campus • Buildings or property owned or controlled by the school • Branch campus and geographically disconnected areas • Public property • Adjacent sidewalks, streets or public parking lots • Non-campus • owned or controlled by a school recognized student organization

  15. Timely Warning Notices • Requires schools to communicate to the campus community timely • Serious crime • Emergency • Timely Warning Notices must be considered for CA crimes when • Reported to CSA’s or local police • Determined to represent a serious or continuing threat to students and employees

  16. Timely Warning Notices con't • Notices must be • Substantively accurate • Specific enough to be helpful • Not downplaying • Transparent from the beginning • Hindsight is 20/20 • Department of Education audits • Media focus

  17. Emergency Notifications and Response Testing • MUST distribute to the campus community upon confirmation of a dangerous campus situation • regardless of whether a crime is involved. HINT! Think team approach

  18. Fire Safety • On campus residential facilities? • Must publish fire safety report annually • Include: • Fire statistics • Injuries and/or deaths related to fire • Fire safety system and practices • Value of property damage • Number of regular supervised fire drills

  19. Fire Safety con't • Campus policies regarding: • Portable electric appliances • Smoking • Open flames • Evacuation procedures • Staff • Students • Faculty • Future improvements

  20. Missing Person • Provide on campus housing? • Establish missing student notification policy for students living in residential facilities • Provide students the option to identify a specific contact person • Determine a student is missing? • Age of student? • 18 or under.. • At least 2 mandatory notifications to emergency contact(s)

  21. Notices • Annually to • All current students • All prospective students • All employees • Must include at least the following • Statement of report’s availability • Statement that paper copy is available upon request and how to obtain one • Description of the contents • Exact electronic address of the report

  22. Policy Statements • Annual Crime and Fire Safety Reports • MUST contain statements about your… • Policies • Procedures • Practices

  23. Violence Against Women Act (VAWA) • A comprehensive approach to violence against women • Holding offenders accountable • Provides improved the criminal justice response to violence against women • Ensures that victims and their families have access to the services needed to achieve safety and rebuilding their lives • Is creating positive changes

  24. Resources • General information: • http://www2.ed.gov/admins/lead/safety/campus.html • The President’s Guide to the Clery Act • http://www.acenet.edu/news-room/Documents/A-Presidents-Guide-to-the-Clery-Act.pdf • Higher Education Act 485(f), 485(i) & 485(j) Clery Act and Related Campus Security Provisions • Handbook for Campus Crime Reporting • http://www2.ed.gov/admins/lead/safety/handbook.pdf • Factsheet: The Violence Against Women Act • www.whitehouse.gov/sites/default/files/docs/vawa_factsheet.pdf

  25. Let’s Recap • What is the Clery Act (CA) • Requirements • The Players – (CSA’s) • Campus Security Authorities • Understanding the Basics • Campus Crime Reporting • Clery Reportable Offenses

  26. Let’s Recap con’t • Geographic Area • Timely Warning Notices • Emergency Notifications and Response Testing • Fire Safety • Missing Person • Notices • Policy Statements • Violence Against Women Act (VAWA) • Resources

  27. Questions…

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