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Clery Act Compliance

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Clery Act Compliance
FACILITIES CONFERENCE
April 11-13, 2012
Clery Act Compliance
A Basic Overview
Tracy L. Worsley
Emergency Preparedness and Security Manager
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The Minnesota State Colleges and Universities system is an Equal Opportunity employer and educator.
What is the Clery Act?
Federal law passed in 1990, that governs
how colleges report on and work to prevent
crimes on campus. Named for Jeanne
Clery, a Lehigh University student who was
murdered in her residence hall by a felon,
about whom, the campus was never notified.
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Who is covered by the Clery Act?
• All public and private institutions of
postsecondary education participating in
federal student aid programs must comply
• Most recently amended by the Higher
Education Equal Opportunity Act
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Clery Act Reporters
Under Clery, employees who are
responsible for certain security functions are
considered to be
“Campus Security Authorities”
And are required to report certain incidents
for statistical purposes
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Campus Defines Who are Campus
Security Authorities
• Examples:
– Campus police/security departments
– Individuals responsible for security
• Access monitor
• Resident assistant
– Individuals or offices designated to receive crime
reports
– Officials with significant responsibility for student
activities
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– Dean of Students
– Director of athletics/coaches
– Faculty advisor to a student organization
Who are NOT Campus Security
Authorities?
• Faculty without responsibility for
student or campus activities outside
the classroom
• Support Staff
– Clerical
– Maintenance
– Food service workers
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• Medical doctors and counselors
responsible for treatment
System Procedure 1.B.3.1
• Sexual Violence Procedure
– Defines Campus Security Authorities for
reporting alleged acts of sexual violence
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Clery Crime Reporting Depends
on Location
• Must be reported if:
– On Campus
– Student Residential Facilities
– Non-Campus – owned or controlled by
college/university
– Public Property – within or immediately
adjacent to campus
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– Each campus of an institution must comply –
including foreign campus of a U.S. school
What Crimes Must be Reported?
• Three General Crime Categories
– Listed Offenses (UCR Definitions)
• Criminal Homicide
• Sex Offenses
• Robbery
• Aggravated Assault
• Burglary
• Motor Vehicle Theft
• Arson
– Certain Hate Crimes
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– Arrests and Referrals for Disciplinary Action
(Certain weapons, drugs and alcohol offenses)
Hate Crimes Under Clery
• Are certain crimes that manifest evidence
that the victim was intentionally selected
because of the perpetrator’s bias based
on:
– Race
– Gender
– Religion
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– Sexual Orientation
– Ethnicity/National Origin
– Disability
Arrests and Referrals for Weapons,
Drugs and Alcohol Violations
• Arrest – Persons processed by arrest,
criminal citation or summons
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• Referral – referral of any person to
campus official who initiates a disciplinary
action of which a record is kept and which
may result in the imposition of a sanction
Annual Security Report
• ANNUAL SECURITY REPORT DUE
OCTOBER 1!
– Earlier Not Later, No Grace Period
• Who Gets ASR:
– Current/Prospective Students
– Current/Prospective Employees
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– Must document institution has annual
report and where they can get it.
Annual Security Report
• Direct Distribution
– US Postal Service
– Campus Mail System
– Email
• Posting on Inter/Intranet
– Must Include:
• A statement of the reports availability
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• A list and brief description of the content
• Exact electronic address (URL)
• Statement that a paper copy is available upon
request
Annual Security Report
• MUST Include Policy Statements
– Reporting Crimes and Other Emergencies
– Emergency Response and Evacuation
– Missing Student Notification Procedures
– Security of and Access to Campus Facilities
– Campus Law Enforcement Policy
– Security Awareness Programs
– Crime Prevention Programs
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– Drug and Alcohol Policy
– Sex Offense Policy
– Sex Offender Registration Policy
Policy Requirements
• Emergency Response and Evacuation
Policy
– “Immediate” Notification
– Annual Notification
– Annual Testing
• Missing Student Notification Policy
Statements
– Institutions With On-Campus Student Housing Disclose
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– Who to Report to after 24 hours missing
– Confidential Emergency Contact
Policy Requirements
• Security Awareness Policy Statements
– Describe the type and frequency of programs
designed to inform students/employees on
security procedures/practices that are in place
– Encourage students and employees to be
responsible for their own security and that of
others
– Disclose if no programs are offered
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Policy Requirements
• Crime Prevention Policy Requirement
– Describe the program, don’t just list the titles
– State which programs target students,
employees or both
– State if no programs
• Substance Abuse Education Policy
Requirements
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– Have a drug and alcohol abuse prevention
program available for students and employees
– This is NOT optional; required by HEA.
Policy Requirements
• Sex Offense Policy Statement
Requirements – (See Also Board Policy
1.B.3. and 1.B.3.1.)
– Educational Program to Prevent Sex Offenses
– Procedures to follow When a Sex Offense
Occurs
– Option to Notify Law Enforcement
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Slide 18
– Notification of on/off Campus Services
– Change of Academic and Living Situation
– Campus Disciplinary Procedures
– Sanctions Following a Final Determination
Ongoing Disclosure Requirements
• Emergency Notification
– New Requirement Aug 2008
– Broad Array of Potential Threats
– Applies Only to Threats Occurring “OnCampus”
– Excludes Threats Occurring Off-Campus or
Public Property
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– Exception if Issuing Notice Compromises
Efforts to Contain the Emergency
Ongoing Disclosure Requirements
• Emergency notifications should be issued
when it is determined that there is a
“significant emergency or dangerous
situation involving an immediate threat to
the health or safety of students or
employees occurring on campus
• Emergency Notification Policy
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– Articulates the “process used” to confirm the
emergency or dangerous situation that
threatens the health or safety of students or
employees
Ongoing Disclosure Requirements
• Emergency Notification
– Intention is to discourage a process that will
delay issuance
– Initiate Notification “Without Delay”
– Unless Notification Will Compromise
– Need Not Issue Timely Warning based on the
same circumstances
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Slide 21
– Adequate Follow-up Information
Ongoing Disclosure Requirements
• Timely Warning Policy
– Triggered by Clery Act Crimes
• Must be included in Annual Statistics
• Reported to a Campus Security Authority or
Local Law Enforcement
• Occurred in Specified Geographic Area
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– Considered by Institution to Represent a
Serious or Continuing Threat to Students and
Employees
– Collect information from Campus Security
Authorities
Ongoing Disclosure Requirements
• Timely Warning Policy
– Specify Who is Responsible
• Individual (Title)
• Department/Office
• Consultation Process
– Must be Quick (Timely)
– Community Wide
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Slide 23
– Aid in the Prevention of Similar Crimes
– Specify Methods – how message is
disseminated
Ongoing Disclosure Requirements
• Timely Warnings Include
– Information that Promotes Safety
– Allows individuals to Protect Themselves
– Time. Location and Type of Crime
• Daily Crime Log
– Contains All Reported Crimes
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– Logged Only If Reported to Police/Security
– May Include Wider Geographic Area
Ongoing Disclosure Requirements
• Daily Crime Log
– Includes:
• Nature of the Crime (note: Names NOT Required)
• Date/Time Occurred
• Recorded in Order Received
• General Location
• Disposition
– Easily Understood
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– MUST BE MADE PUBLIC
– DO NOT DISCLOSE PERSONALLY
IDENTIFYING INFORMATION
Ongoing Disclosure Requirements
• Daily Crime Log – Availability
– Hard or Electronic Copy
– On-Site at Each campus
– Most Recent 60 Days
– During Normal Business Days/Hours
– Within 2 Business Days of a Request
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Slide 26
MUST Publicize Availability!
Archived for at Least Seven Years!
Annual Security Report
• Posting on the Inter/Intranet
– The exact address wherein the report lies CANNOT be the institution’s homepage
– Do Not Have to Provide Every Element of the
ASR
• For Current Student/Employees this is
Stand Alone Information.
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Slide 27
• For Prospective Student/Employees this
Notice can be Provided Along With Other
Information
Records Retention
• Seven Year Archive
– Copies of Crime Reports
– Daily Crime Log
– Arrests and Referrals for Disciplinary Action
– Timely Warning Reports
– Letters To/From Campus Security Authorities
– Letters To/From Local Police (Clery Act Items)
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Slide 28
– ED Correspondence On Clery Act items
– ASR Availability Notices to Students and
Employees.
Resources
• Clery Act Handbook http://www2.ed.gov/admins/lead/safety/ha
ndbook.pdf
• Security On Campus Inc. http://www.securityoncampus.org/index.ph
p?Itemid=60&id=271&option=com_conten
t&view=article
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Slide 29
• Higher Education Compliance Alliance http://www.higheredcompliance.org/
System Office Resources
• Tracy L. Worsley – Emergency Preparedness and Security
Manager, [email protected], 651-201-1797
• Mike Lopez – Associate Vice Chancellor for Student Affairs,
[email protected], 651-201-1673
• Kris Kaplan – Assistant General Counsel,
[email protected], 651-201-1749
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Slide 30
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