2. Complying with the Clery Act Briget Biernat Jans Director of Financial Aid Compliance DePaul University

3. Agenda  Background  Basic Requirements  Violence Against Women Reauthorization Act (VAWA)  Drug-Free Schools and Communities Act  What to Check  Best Practices  Resources

4. Background  Campus safety requirements in the HEA  Crime Awareness and Campus Security Act of 1990  1992 Amendments added policies on sex offenses to the annual security report  1998 Amendments expanded requirements and renamed the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act)  2008 again expanded the requirements  “Campus SaVE” provisions of the Violence Against Women Act (VAWA) will be added October 2014

5. Background  Law  Section 485(f) of the Higher Education Act  Regulations  34 Code of Federal Regulations § 668 Subpart D

6. Clery Act  Compliance is monitored by ED  Civil penalties up to $35,000 per violation  Non-compliance can lead to suspension from FSA programs  Separate team in Washington focused on monitoring  Conduct campus crime program reviews  Compliance required of all public and private postsecondary institutions participating in Title IV  Requirement begins on effective date of PPA

7. Basic Requirements  The Clery Act requires all schools to:  Collect, classify, and count crime reports and crime statistics  Publish and actively distribute an annual security report that contains all statistical and policy disclosures  Submit crime statistics to ED  Issue Timely Warnings and Emergency Notifications

8. Basic Requirements  Requirement: Collect, classify, and count crime reports and crime statistics  Currently three crime categories (VAWA adds 4th)

9. Basic Requirements  Requirement: Collect, classify, and count crime reports and crime statistics  Disclose reported offenses, regardless of whether someone is found guilty  “Reported” = brought to the attention of a campus security authority or local law enforcement personnel  Crimes may be reported anonymously or not, but PII must not be included in statistics  Count attempted and completed crimes  Reasonable, good faith effort to obtain crime statistics from local law enforcement

10. Basic Requirements  Requirement: Collect, classify, and count crime reports and crime statistics  Hate crimes are motivated by the offender’s category of bias  Arrests, referrals for disciplinary action based on violations of weapons, drug, liquor laws, not institutional policies **Added per Matthew Shephard Act, 2009  Race  Gender  Religion  Sexual orientation  Ethnicity/national origin  Disability  Perceived gender**  Gender identity**

11. Basic Requirements  Requirement: Publish and distribute annual security report  Must publish report by October 1 each year  Must be contained within a single document  Must include:  three calendar year’s of campus crime statistics  All required current campus safety and security policies and procedures

12. Basic Requirements  Requirement: Publish and distribute annual security report  Must distribute to all current students & employees  Directly by mail, hand delivery, or e-mail or  By posting on an Internet or intranet site that is reasonably accessible to current students, employees  If you post online, you must distribute a notice by October 1 with statement of report’s availability, exact URL, a description of contents, and statement that paper copy is available upon request

13. Basic Requirements  Requirement: Publish and distribute annual security report  Must actively notify prospective students and employees about the availability of report. Notice must include description of the report’s contents and how to obtain paper copy  Must provide a copy of the ASR upon request  If posted on website, notice must include URL where ASR is posted  For prospective students and employees, an intranet site is not sufficient

14. Basic Requirements  Requirement: Submit crime statistics to ED  Report campus crime statistics for the 3 most-recent calendar years  Must match the statistical disclosures that were published in the annual security report  Deadline for completing the web-based data collection is specified by the Secretary annually– typically mid- October  Collected data posted on OPE’s Data Analysis Cutting Tool (linked to College Navigator) for public use

15. Basic Requirements  Requirement: Issue Timely Warnings and Emergency Notifications  Must issue campus alerts to provide members of campus community with information necessary to make informed decisions about health and safety  Two kinds of alerts  Timely warnings issued for crimes that represent a threat to the safety of students or employees  Emergency notifications are issued upon the confirmation of a significant emergency or dangerous situation on campus involving immediate threat to health or safety

16. Basic Requirements

17.  Requirement: Issue Timely Warnings and Emergency Notifications  Annual security report must Include policy statements on both timely warnings and emergency response and notification procedures  All policy statements must accurately reflect policies and procedures currently used at the institution  FERPA does not preclude compliance with the timely warning provision  Emergency exception to FERPA allows for PII disclosure to protect the health and safety of others  Law enforcement records are not protected by FERPA

18. Basic Requirements  Additional requirements:  Institutions with campus police or security departments must additionally maintain a daily crime log  Institutions with on-campus student housing facilities must additionally  Disclose missing student notification procedures that pertain to students residing in those facilities  Comply with fire safety requirements

19. Basic Requirements  Requirement: Daily Crime Log  A daily record of criminal and alleged criminal incidents reported to campus police or security department  All crimes on Clery geography or within patrol jurisdiction of the campus police/security department  Not just Clery Act crimes  Records nature, date the crime was reported, time, date, general location, and disposition (if known) of each crime

20. Basic Requirements

21.  Requirement: Daily Crime Log  Log must be available  Must be accessible on-site (written or electronic)  Available upon request for public inspection during business hours (most recent 60 days available immediately; older records available within two business days)  Must be available without payment or written request  Log must be maintained  Must make additions or updates to an entry within two business days  Update disposition up to 60 days from when crime was entered in the log  Schools must archive log for seven years

22. Basic Requirements  Requirement: Missing Student Notification  Annual security report must Include policy statement addressing missing student notification for students residing in on-campus student housing  Include the procedures institution will follow if any of those students is determined to be missing for 24 hours  Must give students living in on-campus student housing facilities the option to register confidential contact information  Confidential information must be kept separate from general emergency contact information  Only authorized campus officials may have access to the information  Information may only be disclosed to law enforcement in furtherance of a missing person investigation

23. Basic Requirements  Requirement: Fire Safety Policies and Statistics  4 components  Publish and distribute annual fire safety report  Submit fire statistics to ED  Maintain log of reported fires  Conduct safety drills

24. Basic Requirements  Requirement: Publish an annual fire safety report  Must publish annual fire safety report by October 1 each year  Report must include:  Fire statistics  Current fire safety policies and procedures  Annual fire safety report and annual security report  May be published separately or together  If separately, specify how to access the other report in each one

25. Basic Requirements  Requirement: Submit fire statistics to ED  Must annually submit 3 years worth of statistics to ED  Reported via same web-based collection tool as campus crime statistics  Includes statistics for each on-campus student housing facility  Statistics include:  Number and cause of each fire  Number of persons with fire-related injuries resulting in treatment at a medical facility  Number of deaths related to a fire  Value of property damage

26. Basic Requirements  Requirement: Maintain log of reported fires  Record of any fire that occurs in an on-campus student housing facility  Records nature, date the fire was reported, time, date, nature, and general location of each fire  Must be written and easily understood  Annual report to the campus community on fires recorded in the log

27. Basic Requirements  Requirement: Maintain log of reported fires  Log must be available  Must be accessible on-site (written or electronic)  Available upon request for public inspection during business hours (most recent 60 days available immediately; older records available within two business days)  Must be available without payment or written request  Log must be maintained  Must make additions or updates to an entry within 2 business days  Update disposition up to 60 days from when entered in the log  Schools must archive log for seven years  May be combined with the daily crime log  Label it well so users know it is both a crime and fire log  Ensure that it contains the required elements for both logs

28. VAWA  Violence Against Women Reauthorization Act of 2013 (Pub. Law 113-4)  Enacted March 7 th, 2013  Amended the Clery Act  Requires institutions to compile statistics for certain crimes reported to campus security authorities or local police agencies  Requires institutions to include certain policies, procedures, and programs about these crimes in their annual security reports

29. VAWA  Affects annual security reports and crime statistics reported to ED beginning fall 2014  ED is in the process of implementing these changes  Until final regs issued, institutions must make a good faith effort to comply with the statute  Final of three Negotiated Rulemaking Committee meetings was held earlier this week

30. VAWA  October 2014 – Institutions complete annual security reports and report to ED using good faith effort  GOAL - Final regulations published by November 1, 2014  July 2015 – Final regulations become effective  October 2015 – Institutions complete annual security reports and report statistics to ED under final regulations

31. VAWA  New requirements  Additional statistics  Sexual assault  Domestic violence  Dating violence  Stalking  Prevention programs and awareness campaigns  Victim’s bill of rights  Revises requirements around institutional disciplinary proceedings

32. Drug-Free Schools & Communities Act  Implemented in 34 CFR Part 86  Institutions must certify they have developed and implemented drug and alcohol abuse education and prevention program  Must be designed to prevent the unlawful possession, use, and distribution of drugs and alcohol on campus and at recognized events and activities  Institutions must distribute certain information to students and employees annually  Must do a biennial review of the program

33. Drug-Free Schools & Communities Act  Annual disclosure  Must share information with current students, employees  34 CFR § 86.100 outlines the information that must be included:  Standards of conduct prohibiting the possession, use, and distribution of drugs and alcohol  Possible sanctions for violations of Federal, state, and local drug and alcohol laws, as well as sanctions for violation of institutional policies

34. Drug-Free Schools & Communities Act  Annual disclosure  Must include (cont’d)  Health risks associated with the use of drugs and alcohol  Information on counseling, rehabilitation, and treatment programs  Clear statement that school will impose sanctions on students and employees who violate drug and alcohol laws, ordinances, and/or institutional policies

35. Drug-Free Schools & Communities Act  Biennial Review  Objectives  Determine the effectiveness of your drug and alcohol abuse prevention program  Ensure consistent enforcement of applicable laws, ordinances, and institutional policies against violators  The biennial review report and supporting documents must be maintained and made available to ED upon request

36. What to Check  Make sure that your school has an Annual Security Report  Is it accurate and complete?  Was it distributed properly?  Review campus security policies  Do the policies pass the reasonableness test?  Use what you know about ED’s standards for policy development  Take a look at the crime log  Does your school have one?  Is it accessible to the public?

37. Best Practices  Appoint and empower a Clery Act Compliance Officer  Develop an understanding of “Clery Geography”  Identify and train “Campus Security Authorities”  Specifically inform students and employees about how to report crimes and emergencies  Check crime statistics for similar schools using the “Campus Safety and Security Data Analysis Cutting Tool”  http://www.ope.ed.gov/security/ http://www.ope.ed.gov/security

38. Resources  The Handbook for Campus Safety and Security Reporting (revised February 2011)  http://www2.ed.gov/admins/lead/safety/handbook.pdf http://www2.ed.gov/admins/lead/safety/handbook.pdf  Handbook Help Desk  Clarifications – see 3/26/12 communication https://surveys.ope.ed.gov/security/HelpDeskEmailVie w.aspx https://surveys.ope.ed.gov/security/HelpDeskEmailVie w.aspx  1-800-435-5985 or HandbookQuestions@ed.gov HandbookQuestions@ed.gov

39. Resources  ED Campus Safety website (includes a training video)  http://www2.ed.gov/admins/lead/safety/campus.html http://www2.ed.gov/admins/lead/safety/campus.html  Federal Student Aid Self-Assessment of Clery Compliance  http://ifap.ed.gov/qahome/qaassessments/consumeri nformation.html http://ifap.ed.gov/qahome/qaassessments/consumeri nformation.html  Federal Student Aid Data Center – Clery Act Reports (see compliance reviews)  http://federalstudentaid.ed.gov/datacenter/cleryact.ht ml http://federalstudentaid.ed.gov/datacenter/cleryact.ht ml

40. Resources  5/29/2013 Electronic Announcement with preliminary guidance  http://ifap.ed.gov/eannouncements/052913Implement ofChangesMade2CleryActViolenceAgainstWomenRe authorizationAct2013.html http://ifap.ed.gov/eannouncements/052913Implement ofChangesMade2CleryActViolenceAgainstWomenRe authorizationAct2013.html

41. Questions?

42. Contact information Briget Jans bjans@depaul.edu 312-362-8348