What is the Clery Act?
Originally known as the Campus Security Act, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 USC § 1092(f) is the landmark federal law that requires colleges and universities across the United States to disclose information about crime on and around their campuses. The law is tied to an institution's participation in federal student financial aid programs and it applies to most institutions of higher education both public and private. The Clery Act is enforced by the United States Department of Education.
The law was amended in 1992 to add a requirement that schools afford the victims of campus sexual assault certain basic rights, and was amended again in 1998 to expand the reporting requirements. The 1998 amendments also formally named the law in memory of Jeanne Clery. Subsequent amendments in 2000 and 2008 added provisions dealing with registered sex offender notification and campus emergency response. The 2008 amendments also added a provision to protect crime victims, "whistleblowers", and others from retaliation.
Choosing a postsecondary institution is a major decision for students and their families. Along with academic, financial and geographic considerations, the issue of campus safety is a vital concern. With the information that the Clery Act provides, it allows students and their families to make an educated and informed decision about the college or university they choose to attend.
What is the University obligated to do?
The Clery Act requires colleges and universities to publish an Annual Security Report (ASR) by October 1st of each year. The ASR must document three calendar years of select campus crime statistics including security policies and procedures, and information on the basic rights guaranteed victims of sexual assault. The law requires schools make the report available to all current students and employees, as well as prospective students and employees, who must be notified of its existence and given a copy upon request. Schools may comply with the requirement via the internet if required recipients are notified and provided exact information of where it can be located on-line. Paper copies of the ASR should be available upon request. All crimes statistics must be provided to the U.S. Department of Education.
The “Campus Security Authority” is a Clery specific term that encompasses four groups of individuals and organizations associated with an institution.
- A campus police department or a campus security department of an institution.
- Any individual or individuals who have responsibility for campus security but who do not constitute a campus police department or campus security department. Some institutions may have individuals who provide security for parking lots, monitor access into a campus facility, act as event security, or escort students and staff after dark. (not applicable to Salus University).
- Any individual or organization specified in an institutions statement of campus policy as an individual or organization to which students and employees should report criminal offenses other than Safety and Security (e.g. Title IX Coordinator).
- An official of an institution who has significant responsibility for student and campus activities, including, but not limited to, student housing, student discipline and judicial procedures. An official is defined as any person who has the authority and the duty to take action or respond to particular issues on behalf of the institution (e.g. President’s Council and Dean’s Council).