Crimes that occur on school grounds and within school owned buildings qualify for reporting under the Clery Act. Some schools may also be required to record crimes at certain non-campus facilities, like Greek houses or public property adjacent to the institution. Also some off campus properties qualifies as “on campus” under this Act, like remote classrooms and buildings owned by campus groups. Which locations qualify for reporting is very school specific, so if you are unsure if a location qualifies you should contact a lawyer or expert organization, like the Clery Center.
Under the Clery Act, schools are required to:
Record Campus Crime Statistics
All reported campus crimes are recorded in a Daily Crime Log and an Annual Security Report, whose location may be found on your school’s website. Daily Crime Logs must be updated within 2 days of a report (unless it would jeopardize an ongoing police investigation). An Annual Security Report is released each October and contains the last 3 years worth of reported crimes occurring on campus. Several crimes must be listed, which include:
- Stalking: ongoing conduct that could cause a reasonable person to fear for the safety of themselves or others, or suffer emotional distress (e.g., following, monitoring, threatening, communicating to or about the victim, or interfering with a victim’s property)
- Intimidation: words or conduct that places the victim in reasonable fear of bodily harm (does not include use of a weapon, which is a different crime under Clery)
- Dating Violence: threats or actual sexual or physical abuse in a dating relationship
- Domestic Violence: crime of violence committed by former spouse, cohabiting partner, or someone with whom you share a child
- Sexual Assault: rape (oral, anal or vaginal), fondling, incest, or statutory rape
- Hate Crimes: any crime motivated by perpetrator bias against the victim based on race, religion, gender, gender identity, sexual orientation, ethnicity, national origin, and disability (whether actual or perceived)
The Clery Act does not require a college or university that receives a report of a campus crime to initiate an investigation, nor does it permit a university to release identifying information about a victim. Clery Act crime reports include only the date of the report, the date of the crime, and the general location.
Issue Timely Warnings When a Crime Has Been Committed
Any time a crime has or is occurring that poses a serious or ongoing threat to the rest of the campus, the college must provide timely warnings in a way that is likely to reach every member of the campus community. This requires schools to assess the risk to public safety after an incident of sexual assault, stalking, or domestic or dating violence is reported. Often times, a stranger perpetrated sexual assault will trigger a timely warning. A school’s decision not to issue a timely warning is reviewable under the Clery Act by the U.S. Department of Education.
Under the Clery Act, schools must:
Detail Campus Policies on Crime
In addition to its warning requirements, the Clery Act requires colleges and universities to provide an Annual Security Report detailing campus policies on the following topics:
- How a school works to prevent crimes
- How the school encourages reports of crime
- Who should receive crime reports on campus
- How a school issues a timely warning
- What campus procedures are followed when a crime is reported
- Whether campus security can arrest and initiate criminal investigation (or whether the report must go to the local police and which police would have jurisdiction)
- How a victim can: preserve evidence; report a crime to campus officials, the police, or both; receive assistance from campus officials to report to police; decline to report to the police; report confidentially; receive accommodations upon request; and contact support services on or off campus
- What remedies and accommodations may be available to victims
- What the campus disciplinary process entails
- What standard of evidence is used in campus disciplinary hearings
- How the school monitors crime reports from student organizations off campus
- Where local sex offender registry information can be obtained
Under the Clery Act, schools are required to:
Maintain Prompt, Fair, and Impartial Disciplinary Proceedings
Colleges and universities must have a policy on campus disciplinary proceedings (from investigation to the hearing to the final resolution) for dating violence, domestic violence, sexual assault, and stalking.
Such campus disciplinary proceedings must:
- Be prompt, fair and impartial
- Be adjudicated by officials receiving annual training on: issues of dating violence, domestic violence, sexual assault, and stalking; and conducting investigations and hearings that protect safety of victims and promotes accountability
Procedural rights for both victim and accused include:
- Same opportunity to have others present as witnesses
- Opportunity to be accompanied by an advisor of their choice
- Receive simultaneous written notification of: delay and the reason for the delay; outcome of disciplinary hearing; opportunity to appeal the result; changes to results; results that are final; and reason for the results and sanction imposed
Under the Clery Act, schools are required to:
Adopt Policies on Prevention
Colleges and universities must have a policy in their Annual Security Report about primary education and awareness programs for incoming students and employees, as well as ongoing prevention and awareness campaigns.
Program and campaign topics:
- Prevention of crime
- Campus security procedures and practices for personal safety
- Prohibition of dating violence, domestic violence, sexual assault, and stalking
- Definitions of dating violence, domestic violence, sexual assault, and stalking
- Definition of consent for sexual activity within the local jurisdiction
- Bystander intervention including safe and positive options to prevent harm or intervene when there is a risk
- Risk reduction to recognize warning signs of abusive behavior or potential attack
- Information on: possible sanctions and protective measures; procedures for victims to follow to preserve evidence, report an offense to campus, report to police and receive assistance from the campus, decline to report to campus or police, and obtain protective or other orders regarding safety; campus disciplinary hearings; protecting the confidentiality of victims; available resources for health, legal assistance, mental health, or advocacy; and options for academic, living, transportation, and working accommodations
Under the Clery Act, any student or employee who becomes a victim of dating violence, domestic violence, sexual assault, and stalking (whether on or off campus) has the right to receive written explanation of their rights and options.
The Clery Act also protects against retaliation by an institution, officer, employee, or agent of an institution for exercising their rights under the Act. Retaliation includes intimidation, threats, coercion, discrimination, or any other form of retaliation.
Is My School Compliant?
The best way to find out is to review the school’s Annual Security Report (ASR). The ASR must be publicly accessible on the school’s website and in an easy to understand form that includes the incidents of crime and its final disposition or current stage of the disciplinary/investigatory process. If the most recent ASR is not available on October 1st, or there is not notification to current students and employees that it is available on that date, your college is not in compliance.
Campus police or security must provide information on recent reports within two business days, unless it jeopardizes and investigation or victim confidentiality, in their Clery Crime Log. If a report you made is missing from the log or is mischaracterized in the log then your college is not in compliance. Common violations include failing to list Greek houses or other locations that are not physically on campus, but still covered under the Clery Act. If you believe your school has left off crimes from locations related to campus, your school may not be in compliance.