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Clery Act Overview 


The Clery Act requires colleges and universities to report certain crimes, send timely warnings, and have specific safety-related policies. Crimes which need to be reported under the Clery Act include: aggravated assault, arson, burglary, hate crimes, manslaughter, murder, rape, robbery. Additionally, the Clery Act has a geographic area component which includes the campus, non-campus buildings or property, and public property. The Clery Act applies to students, employees, and prospective members of the campus community. 

The Violence Against Women Act (VAWA) amended and expanded Clery to include crimes of sexual violence, sexual assault, domestic violence, dating violence, and stalking. VAWA also requires that that victim’s name stay confidential when timely warnings and emergency notifications are issued. 

Campus security must maintain a written, easily understood daily crime log recording the nature, date, time, and general location of the crime and disposition of the complaint, if known. This information is then used to prepare an Annual Security Report detailing the crime statistics and the institute’s safety related policies. 


Title IX Overview


Title IX promotes equal opportunity by ensuring no person may be discriminated against on the basis of sex under any education program or activity receiving federal financial assistance. Under Title IX, sexual harassment and sexual violence are both considered discrimination on the basis of sex. Colleges and universities must investigate a Title IX allegation when the college or university “knows or should have known” about the alleged misconduct. Title IX covers conduct that occurs on campus, off campus but in connection with an education program, and off campus and unrelated to an education program if it creates a hostile environment on campus. 

Checklist/Guidance Attached to this memo is a practical summary providing guidance to the Clery Act on steps to take and questions to ask when a Clery situation arises, including areas of overlap with Title IX. It is important to remember that Bethel’s Sexual Misconduct Policy always controls in a given situation where applicable. This checklist, however, provides a good overview on common issues and questions under Clery. 


CLERY ACT: A BASIC OVERVIEW 


What is Required by The Clery Act 


Each year colleges and universities receiving federal funds must publish and distribute a public annual security report (ASR) to employees and students by October 1. In preparation of the ASR, campus police or security must maintain a written, easily understood daily crime log which records the nature, date, time, and general location of the crime and disposition of the complaint, if known. 


Annual Security Report:

 

  1. Statistics of campus crime for the preceding three calendar year; 
  2. Details about the efforts taken to improve campus security; and 
  3. Policy statements regarding 
    1. Crime reporting 
    2. Campus facility security and access 
    3. Law enforcement authority 
    4. Incidence of alcohol and drug use 
    5. The prevention of/response to sexual assault, domestic or dating violence, and stalking. 

In addition to the ASR, The Clery Act seeks to promote transparency and ongoing communication about campus crimes and other threats to the health and safety of the campus community. Clery states that institutions must issue timely warnings to the campus community and have and disclose emergency response procedures. 


Timely Warnings

The Clery Act requires timely warnings be sent to the campus community about crimes that have already occurred but may continue to pose a serious or ongoing threat to students and employees. 

Timely warnings are only required to be issued about Clery crimes which occurred in a Clery geographic area. Institutions are encouraged to report other crimes that may pose a risk to the campus community. “Timely Warning” is construed to mean that a warning should be issued as soon as pertinent information is available. Example: an armed robbery occurring in a campus parking lot. 


Emergency Response Procedures

Institutions are required to have and disclose emergency response and procedures. Part of the procedures requires institutions to immediately notify the campus community about any significant emergency or dangerous condition that may pose an immediate threat to the health or safety of students or employees occurring on campus. Example: tornado warning or gas leak in a science lab. 

FERPA does not preclude an institution from complying with the timely warning or emergency response procedures required of The Clery Act. Further, FERPA allows information be released without consent in the case of an emergency, when needed to protect the health and safety of others. However, timely warnings must ensure that names and other identifying information about victims remain confidential. Which Crimes Must be Reported Four distinct categories of crimes must be reported in the ASR each year. 

  1. Criminal Offenses
    1. Criminal homicide: murder and non-negligent manslaughter, manslaughter by negligence 
    2. Sexual assault: rape, fondling, incest, statutory rape 
    3. Robbery 
    4. Aggravated assault 
    5. Burglary 
    6. Motor Vehicle Theft 
    7. Arson
  2. Hate Crimes 
    1. Larceny-theft 
    2. Simple assault 
    3. Intimidation 
    4. Destruction/damage/vandalism of property 
    5. Any of the above mentioned offenses 
  3. Violence Against Women Act Offenses (VAWA)
    1. Domestic violence 
    2. Dating violence 
    3. Stalking 
  4. Arrests and Referrals for Disciplinary Action 
    1. Weapons laws violations 
    2. Drug abuse violations 
    3. Liquor law violations

Located Where (geography/jurisdiction) 

The Clery Act mandates that only crimes which occur in these specific geographic locations are required to be reported. 

  1. On-campus (anywhere)
  2. On-campus student housing
  3. Public property within campus bounds 
  4. Public property immediately adjacent to the campus 
  5. Non-campus buildings and property owned or controlled by the organization that are used for educational purposes and frequently used by students but not part of the core campus, or those owned or controlled by a student organization officially recognized by the institution.

Who is Required to Report Incidents of Sexual Violence 

The following individuals must report details of an incident of sexual violence, including personally identifiable information. These individuals are required to fully document all operative facts of an incident that are reported or that are developed throughout the course of a criminal investigation.

  1. Campus Law Enforcement Officers 
  2. Non-law Enforcement Campus Safety Officers 
  3. Local Law Enforcement Officers Overlap between Clery Act and Title IX Who Reports: Title IX: “Responsible employees” which includes any employee deemed as mandated reporters by the institution and anyone who a student would reasonably believe have authority or responsibility over such matters. 

Clery Act: “Campus security authorities” as defined by the Clery Act includes campus police/security and affiliated offices.


Location: Title IX: on-campus and off-campus educational activities and programs 


Clery Act: “Clery Geography” (on-campus, off-campus, public property) 


Confidentiality: Title IX and Clery Act allow a pastoral and professional counselor exemption. Allowing these individuals to be exempt from reporting requirements, but they can share non-personally identifiable information with consent of the survivor. 


Outcome: Title IX and Clery Act requires institutions to provide both the complainant and respondent with written information about the outcome of a sexual violence complaint, including any sanctions. FERPA includes a provision that allows schools to disclose to alleged victims of any crime of violence or rape and other sexual assaults, the final results of any disciplinary proceedings conducted by the institution against the alleged perpetrator of the offense. 





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