Clery Act: Inadequate Reporting Can Be Costly

Campus safety is a top priority for colleges and universities. Promoting transparency and empowering on-campus students are central tenants of the Clery Act. To avoid the potential for hefty fines, review your safety policies and procedures and make sure your annual crime and fire statistics reports are clear and complete.

What is the Clery Act?

The Clery Act refers to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. It is a federal law that requires all colleges and universities participating in federal Title IV financial aid programs to compile and report information related to crime on and near their campuses. It also requires the implementation of specific campus safety policies and procedures, including emergency notification. The U.S. Department of Education oversees Clery Act compliance.

Compliance

Compliance with the Clery Act is essential as there can be substantial monetary penalties per violation. Noncompliance also can cause your institution to be suspended from participating in federal student aid programs. It may be beneficial to have your college’s annual safety and security report reviewed by a local attorney with experience in Clery Act compliance, which can help ensure compliance with federal law.

The Department of Education has published guidance to help colleges comply with the Cleary Act.  In 2016 the Department of Education published a Handbook for Campus Safety and Security. In October 2020, the Department of Education published updated Clery-related guidance in the appendix of the Federal Student Aid Handbook.

Significant changes in the Federal Student Aid Handbook include the following:

• Clery geography has been simplified and now follows the legislation. One example is that “reasonably contiguous” no longer includes a specific measurable distance. This helps reduce the burden of reporting for crimes that take place near a campus but that aren’t directly related to a campus activity or property.
• Clery crimes have been clarified to only include the sources found in 34 CFR 668.46(c)(9). The previous 2016 Handbook provided examples that made it difficult to interpret and apply the definitions of various crimes.
• Campus security authorities will now be defined by the college or university. It narrows the broad definition previously found in the 2016 Handbook, helping to clarify who has “significant responsibility” and is therefore a campus security authority.

The 2016 version of the Handbook for Campus Safety and Security may still be referenced by educational institutions, but it is no longer required.

Policies and Procedures

The Clery Act requires educational institutions to implement and disclose emergency response policies and procedures. The emergency response procedures should include processes for responding to domestic violence and sexual assault, and capabilities for campus-wide emergency notifications.

Emergency Notifications

The Clery Act requires campuses to have a system in place that enables the timely communication of emergencies that pose an imminent threat to safety and security.

Annual Crime Report

The Clery Act requires campuses to complete and publish an annual crime statistics report by October 1. The crime report must include statistics for the three previous years. Some of the information that must be included in the annual crime report include crime statistics as well as safety and security-related policy statements and programs. Colleges and universities are required to show and retain proof of dissemination of the report.

Other Reporting Requirements

In addition to Clery reporting requirements, the Higher Education Opportunity Act requires special reporting requirements for colleges and universities with on-campus housing, such as publishing an annual fire safety report.

Some of the information that must be included in the annual fire safety report are descriptions of on-campus housing fire safety equipment, number of fire drills held during the previous calendar year, and procedures for student housing evacuation in case of fire. 

The Higher Education Opportunity Act also requires the implementation and disclosure of missing student notification procedures for colleges with on-campus student housing.

Campus Safety and Security Survey

In addition to publishing the annual report online, colleges are required to report crime and fire statistics to the Department of Education through an annual web-based Campus Safety and Security Survey. You can find more information about the annual survey on the Department’s website.

Additional Resources

The U.S. Department of Education provides many resources to help guide you through the various components of Clery Act requirements. For additional information, please refer to the U.S. Department of Education’s website regarding campus safety. For specific information regarding security policies and crime statistics for educational institutions, please refer to the federal regulation.

Updated November 09, 2020