1. Today’s Top Clery Act Compliance Concerns Steven J. Healy, Margolis Healy and Associates, LLC Hillary Pettegrew, United Educators (moderator)

2. Overview of Clery Act Mandates Publish and distribute Annual Security Report (ASR) containing policy statements and crime statistics by Oct. 1 Inform current and prospective students and employees about ASR Submit crime statistics to U.S. Department of Education Maintain public, daily log of reported crimes Provide timely warnings and emergency notifications to campus community Clery Act2

3. Consequences for Clery Violations No right to bring private lawsuit, but …  In theory, federal funding could be withheld  Potential fines increased to $35,000 (from $27,500) per violation occurring on or after Oct. 2, 2012  Serious reputational damage from negative publicity Clery Act3

4. Why emphasize compliance concerns? Significant increase in number of program reviews conducted by Department of Education (ED)  In 2011, ED issued twice the number of FPRD as in 2010 ED’s Compliance Team has greater capacity, and reviews are more robust, comprehensive ED proactively focuses on incidents in news headlines (local, regional, and national)  Virginia Tech, Bowie State, Morgan State, Penn State, Montana Clery Act4

5. Types of Program Reviews General program review of institution’s activities in federal student aid programs Review focused only on campus security – can be on- or off-site examination  All reviews may include comparing campus crime logs, ASR data and incidents reported to local police agencies Clery Act5

6. Problematic in Recent Program Reviews Emergency notification/response procedures  ED team requests records of emergency notifications and documentation of required tests  Many institutions reviewed have not done the tests  Emergency response and evacuation policy statements also often missing required elements Clery Act6

7. Top Clery Act Compliance Concerns Clery Act Compliance Coordinator Campus Security Authorities (CSAs) Data collection process “Clery Geography” issues Sexual Assault Victims Bill of Rights Clery Act7

8. Clery Act Compliance Coordinator Not required by law, but best practice to formally appoint individual to position Many institutions lack resources for full-time coordinator—but ideally at least 50% of time should be dedicated to Clery Coordinator should head Clery Act compliance committee  Formally chartered group of administrators who oversee Clery compliance of institution, regardless of size Clery Act8

9. Questions and Answers, Part I Clery Act9 Type question or comment into the box on lower left hand portion of your screen

10. Campus Security Authorities: Identification Individuals with “significant responsibility for students and campus activities”  Must have authority or duty to take action or respond to issues on institution’s behalf Three tiers of CSAs:  1st tier: campus security, deans, directors  2nd tier: coaches, student organization advisers  3rd tier: resident advisers, some athletic trainers Clery Act10

11. Campus Security Authorities: Training Types of recommended training  1st tier—face to face (e.g., 2 hours in classroom)  2nd tier—less intense, initially during orientation with online refresher training  3rd tier—can incorporate into other training modules No “one size fits all” option—CSA training must be customized for each institution Clery Act11

12. Data Collection Process: Try to “Fail Proof” Different offices collect information, but may not share with each other  Examples—campus safety, residential life, student discipline  Create flow chart of different ways crimes can be reported, look for gaps and problems Test your data collection process Clery Act12

13. Clery Geography: Noncampus Property “Noncampus property” means property that is:  Owned or controlled by a school-recognized student organization, or  Owned or controlled by institution, used for education-related purposes, frequently used by students, separate from main campus Clery compliance coordinator should establish relationship with office that handles real estate holdings  “Scrub” list at least annually Clery Act13

14. Clery Geography: Study Abroad Some institutions don’t realize they control property connected to study abroad  “Control” requires rental, lease or other written agreement for use of space Short-term programs—must report if institution makes repeated use of same hotel Clery Act14

15. Sexual Assault Victims Bill of Rights Change of academic/residence if requested and reasonably available Procedures for campus disciplinary action Accuser/accused (complainant/respondent) entitled to have others present and call witnesses Informed of outcome of proceedings Sanctions that may be imposed after final determination Clery Act15

16. Final Thoughts Ensure policies and policy statements are updated and represent current practices under Clery Clery Act compliance is institutional responsibility, not just the concern of security/police department Campus-wide collaboration and cooperation are essential to improving compliance Clery Act16

17. Questions and Answers, Part II Clery Act17 Type question or comment into the box on lower left hand portion of your screen

18. For further information: www.margolishealy.com www.margolishealy.com/resources/category/clery_act www.margolishealy.com/resources/category/clery_act Email SHealy@margolishealy.comSHealy@margolishealy.com Clery Act18

19. As "Education's Own Insurance Company," United Educators understands education's unique risks better than anyone. A Reciprocal Risk Retention Group, United Educators is a licensed insurance company owned and governed by more than 1,200 member colleges, universities, independent schools, public school districts, public school insurance pools, and related organizations throughout the United States. For more information, visit our website at www.ue.org or call us at (301) 907-4908. All information provided is of a general nature and is not intended to address the circumstances of any particular individual or entity. No one should act upon this information without appropriate professional advice after a thorough examination of the facts of the particular situation. Copyright © 2012 by United Educators Insurance, a Reciprocal Risk Retention Group. All rights reserved. Contents of this document are for members of United Educators only. Permission to post this document electronically or to reprint must be obtained from United Educators. Reducing Retaliation Claims19