DEVELOPING A CLERY COMPLIANCE COMMITTEE KIRK M FITCH DIRECTOR OF CLERY COMPLIANCE NAU POLICE DEPARTMENT

YOU MAY FEEL LIKE THIS AFTER YOUR FIRST MEETING!

CLERY ACT COMPLIANCE BACKGROUND The Clery Act has been amended 6 times during it’s 25 year history. Campuses continue to struggle with understanding and complying with the law. Only a few campuses have been found to be in compliance by the Department of Education (ED) Clery Act compliance is a nuanced and complex process, that requires institutional coordination, awareness and education.

KEY CONSEQUENCES OF NON- COMPLIANCE Fines of $35,000 per violation Department of Education Audit Negative media attention

PROACTIVE/REACTIVE APPROACH Eastern Michigan Uni. (EMU) was fined $350,000 by DOE for Clery Act violations They now have approximately 20 staff members assigned to their Clery Compliance Committee GRAND TOTAL = $3,870,500 & negative press attention. (DOE Fine, severance packages, settlements and investigative firm fees.) Penn State Uni. (PSU) – Freeh Report Many University employees interviewed by Freeh were unaware of their CSA status or responsibilities under the Clery Act. Problem? They now have a Clery Compliance Committee…

WHY DOES MY INSTITUTION NEED A CLERY COMPLIANCE COMMITTEE? A collaborative approach should be used by each institution to manage compliance with this federal requirement. It is unrealistic for an institution of higher education to expect to comply with the plethora of requirements of the Clery Act without engaging and involving the appropriate campus personnel in the institution’s compliance activities (20 years ago this was possible: today it is not).

MISCONCEPTIONS The Clery Act pertains mostly to crime statistics; it’s a Police Department responsibility, right? The Truth: Reporting crime statistics is a small percentage of what must be reported. Institutions must: Publish an Annual Security Report Publish an Annual Fire Safety Report (if the campus has Residential Facilities) Policy Statements Fire Statistics Fire Systems Crime Statistics

OVERVIEW OF CLERY ACT COMPLIANCE Geography Crime Statistics: Counting and Classifying Crime Statistics: Collecting them The Daily Crime Log Emergency Notification and Timely Warnings Policy Statements Annual Security Report / Annual Fire Safety Report Missing Students Fire Safety Disclosures The Fire Log Fire Statistics

THE “CHARGE” OF THE CLERY COMPLIANCE COMMITTEE The Clery Compliance Committee should be charged with a primary function of identifying and evaluating processes, procedures and practices to manage compliance with the Clery Act. The Committee should also be responsible for assigning the development of each policy statement requirement to the appropriate department and for reviewing the policy statements for accuracy prior to publication of the Annual Security and Fire Safety Report

WHO SHOULD BE INVITED TO PARTICIPATE ON YOUR INSTITUTION’S CLERY COMPLIANCE COMMITTEE? Police Department General Counsel’s Office Compliance and Internal Audit Student Conduct Dean of Students Student Activities/Fraternity & Sorority Life Residence Life and Housing Environmental Health and Safety Real Estate Office Risk Management (Fire Safety) Human Resources Admissions Athletics Study Abroad Office Title IX Coordinator Director of Student Health Provost/Academic Affairs Office

WHEN TO CONVENE THE COMMITTEE Adjust the frequency to suit your institutions needs. Some committee members may need to convene on a monthly basis. Others members may need to attend meetings once or twice a year. Customize meeting schedules and attendees appropriate to the scope and size of your compliance activities.

EXAMPLES OF COMMITTEE AGENDA TOPICS Identifying Your Institution’s Campus Security Authorities Training the Campus Security Authorities Classifying and Counting Statistics Campus geography – create a Clery Map Creating an all inclusive list of institution property Identifying Clery reportable crime categories Assessing state laws/local ordinances for liquor, drug and weapon law offenses.

EXAMPLES OF COMMITTEE AGENDA TOPICS Discussing Non-campus locations Short stay away trips (Athletics, Student Orgs., etc.) Study Abroad Domestic Travel One person/department usually does not know of all of the above locations used by the institution. Annual Security & (Fire Safety) Report preparation and review. There are now over 111 required policy statements that must be included in the ASFSR. Share the draft report with key departments to ensure accuracy.

EXAMPLES OF COMMITTEE AGENDA TOPICS Emergency (Immediate) Notification Requirements Timely Warning Notice (TWN) Requirements Discuss issuing a TWN for non-stranger rape reports. Missing Person Reporting and Notification Requirements Daily Crime Log and Daily Fire Log

EXAMPLES OF COMMITTEE AGENDA TOPICS Institutional records retention as required by the Clery Act. Distribution of Compliance Documents to Current Students/Employees. Distribution of Compliance Documents to Prospective Students/Employees.

EXAMPLES OF COMMITTEE AGENDA TOPICS Addressing Clery Act Updates Monitoring lessons learned Reviewing Final Review Determination Reports published by ED Other institutional procedures and practices, such as creating forms to document activities.

QUESTIONS? Sources: D. Stafford & Associates Federal Register Department of Education L. Freeh Report