TASFAA 2017 Clery Act Compliance

TASFAA 2017 Education Is Key Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act Enacted in 1990 in response to the rape and murder of Lehigh University student Jeanne Clery in her dorm room in 1986 Requires any college or university receiving federal funds (which includes federal student loans) to track and report on certain crimes Due each year to the Department of Education by October 15 Information must be made available to current students, faculty and staff, as well as potential students, faculty and staff Includes Annual Security Report, Crime Logs, Timely Warnings and Emergency Notifications Four categories of reportable crimes- hierarchy crimes, hate crimes, VAWA crimes, and arrests and referrals for disciplinary action TASFAA 2017 Education Is Key

Clery Act Reportable Crimes Hierarchy Crimes Criminal Homicide- Murder, Negligent Manslaughter and Non-Negligent Manslaughter Sexual Assault- Rape, Fondling, Incest and Statutory Rape Robbery Aggravated Assault Burglary Motor Vehicle Theft Arson Only the highest crime committed will be reported. TASFAA 2017 Education Is Key

Clery Act Reportable Crimes Hate Crimes All hierarchy crimes Larceny-Theft Simple Assault Intimidation Destruction/Damage/Vandalism of Property To be classified as a hate crime, there must be evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim on the basis of eight categories Race Gender National Origin Religion Gender Identity Disability Sexual Orientation Ethnicity TASFAA 2017 Education Is Key

Clery Act Reportable Crimes VAWA Crimes Domestic Violence Dating Violence Stalking Must have at least two incidences (course of conduct) Not all incidences must have occurred on campus Based on state laws, not federal laws Reported in addition to the highest hierarchy crime committed TASFAA 2017 Education Is Key

TASFAA 2017 Education Is Key Clery Act Reportable Crimes Arrests and Referrals for Disciplinary Action Applies to law violations of state alcohol, drug and weapons laws Alcohol violations only include underage drinking and the illegal manufacture of alcohol These crimes are only included in the statistics if an arrest or referral is made If it occurs in addition to a Clery hierarchy crime, both will be reported TASFAA 2017 Education Is Key

TASFAA 2017 Education Is Key Clery Act Geography Clery crimes are only reportable if they are committed at one of the following locations: On Campus Determined by the physical boundaries of your main campus Student Residence Student residence statistics are a subset of the “on campus” category All crimes reported under “student residence” must also be reported under “on campus” Non-Campus Property Property owned or controlled by the university that is not “reasonably contiguous” to the main campus Public Property The border around your campus (or any public roads that run through your campus), to include the sidewalk closest to your campus, the road itself and the sidewalk on the opposite side of the street TASFAA 2017 Education Is Key

TASFAA 2017 Education Is Key Crime Log and Media Log Clery Act requires all universities with a police force or a contracted security department to keep a crime log Crimes must be added to log within two business days of receiving the report Includes all Clery crimes, plus all other crimes with the exception of minor traffic violations Log must be updated if the status of a case changes within 60 days; after that you are no longer required to provide updates Includes more area than the Clery geography; must be the “patrol area” of your police or security department Should include reports made to local authorities (city police or sheriff’s department) that occurred in your patrol area Tennessee requires all universities keep a “media log,” which includes all crimes reported to your department and the name, charges, and other identifying information of persons arrested on campus. TASFAA 2017 Education Is Key

Crime Log TASFAA 2017 Education Is Key

Emergency Notifications and Timely Warnings The Clery Act requires universities to warn the campus community of reported crimes that constitute an ongoing or continuing threat to the campus community. The crime must occur within the institution’s Clery geography Must be a Clery Act crime The entire community must be notified Emergency Notifications Universities are also required to alert the campus community of incidents that pose an imminent threat to members of the campus community. The incident/emergency is not bound by Clery geography Not limited to Clery Act Crimes (i.e., weather emergencies, chemical/biohazard emergencies) The notification may be segmented to only include the population impacted by the emergency TASFAA 2017 Education Is Key

Annual Security Report Must be sent out by October 1 each year Must be available to all current students, faculty and staff as well as prospective students, faculty and staff Typically this means having an electronic version and a printed version MTSU sends an email to the specified population on October 1 each year with a link to the online version and instructions on how to receive a printed copy Includes all crime statistics reported to the Department of Education Includes policy statements as required by the Clery Act TASFAA 2017 Education Is Key

Fire Log and Fire Statistics Only applicable to student residences Required to log any fire that occurs “in a place not intended to contain the burning or in an uncontrolled manner” Must also present year-end statistics in an annual Fire Safety Report, which includes Residence Hall name and address The number of fires The cause of each fire The number of persons treated for fire-related injuries The number of deaths caused by the fire The value of property damage This may be a part of the Annual Security Report, or it may be a separate report TASFAA 2017 Education Is Key

TASFAA 2017 Education Is Key Fines $35,000 per violation Fines Assessed: Penn State- $2.4 million, 2016 Lincoln University- $275,000, 2013 Eastern Michigan University- $350,000, 2008 Virginia Tech- $32,500, 2013 Miami University- $27,500, 2005 Washington State University- $82,500, 2011 TASFAA 2017 Education Is Key

I handle financial aid and no one reports crimes to me! Question I handle financial aid and no one reports crimes to me! Why Should I Care? TASFAA 2017 Education Is Key

TASFAA 2017 Education Is Key Answer If your university is found to be in violation of the Clery Act, in addition to the fine assessed for each violation, federal funding may be pulled from your university This includes federally-backed student loans! TASFAA 2017 Education Is Key