Clery Act
Encyclopedia
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act or Clery Act is a federal statute
codified at , with implementing regulations in the U.S.
Code of Federal Regulations
at .
The Clery Act requires all colleges and universities that participate in federal financial aid programs to keep and disclose information about crime on and near their respective campuses. Compliance is monitored by the United States Department of Education
, which can impose civil penalties, up to $27,500 per violation, against institutions for each infraction and can suspend institutions from participating in federal student financial aid programs.
The law is named for Jeanne Clery, a 19-year-old Lehigh University
freshman who was raped and murdered by another student, Josoph Henry, in her campus residence hall in 1986. The Clery Act, signed in 1990, was originally known as the Crime Awareness and Campus Security Act.
if available, and how to obtain a paper copy if desired.
This report is required to provide crime statistics for the prior three years, policy statements regarding various safety and security measures, campus crime prevention program descriptions, and procedures to be followed in the investigation and prosecution of alleged sex offenses.
by Seung-Hui Cho
, specifically the part concerning the delay in the issuance of vague warnings (more than two hours after the first killing), issued on Thursday, December 9, 2010 by the U.S. Department of Education under Arne Duncan
, Virginia Tech was said to have violated this Act. There likely will not be any criminal charges filed as a result (generally, the investigations into the incident, even if finding fault with the University, usually still conclude that Cho, as the murderer and gunman, bore ultimate liability for his actions).
However, the Department of Education fined the University $55,000 on March 29, 2011 for their failure to issue a timely warning in response to the shootings at West Ambler Johnston. In announcing the fine against the university, the director of a department panel which reviewed the case was quoted as saying "While Virginia Tech's violations warrant a fine far in excess of what is currently permissible under the statute, the department's fine authority is limited". As of March 30, 2011, the university had announced their intention to appeal the decision.
was fined $357,500 for failing to warn the campus of a student's assault
and death
that occurred in 2006. Beyond reporting the incident, the school was fined for violating federal crime-reporting laws. The incident is referred to as the Laura Dickinson incident
. This incident has been seen as a wake-up call on how universities report and display crime statistics that occur on university campuses. The incident brought forth university wide changes in campus safety, and safety notifications. The incident also brought changes in university administration including the dismissal of the university's president John A. Fallon
.
over the Penn State sex abuse scandal
. Their investigation arises from the athletic department's failure to report the alleged abuse being a violation of the Act.
, in institution residential facilities, in noncampus buildings, or on public property. The report must also indicate if any of the reported incidents, or any other crime involving bodily injury, was a "hate crime
." The following offenses, as defined by the UCR
http://www.securityoncampus.org/schools/cleryact/definitions.html) are required to be included in the institution's ASR as well as sent to the U.S. Department of Education annually:
Institutions are required to indicate if any of the crimes, or any other crime involving bodily injury, was a "hate crime
".
.
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
codified at , with implementing regulations in the U.S.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
Code of Federal Regulations
Code of Federal Regulations
The Code of Federal Regulations is the codification of the general and permanent rules and regulations published in the Federal Register by the executive departments and agencies of the Federal Government of the United States.The CFR is published by the Office of the Federal Register, an agency...
at .
The Clery Act requires all colleges and universities that participate in federal financial aid programs to keep and disclose information about crime on and near their respective campuses. Compliance is monitored by the United States Department of Education
United States Department of Education
The United States Department of Education, also referred to as ED or the ED for Education Department, is a Cabinet-level department of the United States government...
, which can impose civil penalties, up to $27,500 per violation, against institutions for each infraction and can suspend institutions from participating in federal student financial aid programs.
The law is named for Jeanne Clery, a 19-year-old Lehigh University
Lehigh University
Lehigh University is a private, co-educational university located in Bethlehem, Pennsylvania, in the Lehigh Valley region of the United States. It was established in 1865 by Asa Packer as a four-year technical school, but has grown to include studies in a wide variety of disciplines...
freshman who was raped and murdered by another student, Josoph Henry, in her campus residence hall in 1986. The Clery Act, signed in 1990, was originally known as the Crime Awareness and Campus Security Act.
Annual Security Report
By October 1 of each year, institutions must publish and distribute their Annual Campus Security Report to current and prospective students and employees. Institutions are also allowed to provide notice of the report, a URLUniform Resource Locator
In computing, a uniform resource locator or universal resource locator is a specific character string that constitutes a reference to an Internet resource....
if available, and how to obtain a paper copy if desired.
This report is required to provide crime statistics for the prior three years, policy statements regarding various safety and security measures, campus crime prevention program descriptions, and procedures to be followed in the investigation and prosecution of alleged sex offenses.
Crime Log
The institution's police department or security departments are required to maintain a public log of all crimes reported to them, or those of which they are made aware. The log is required to have the most recent 60 days' worth of information. Each entry in the log must contain the nature, date, time and general location of each crime and disposition of the complaint, if known. Information in the log older than 60 days must be made available within two business days. Crime logs must be kept for seven years, three years following the publication of the last annual security report.Timely Warnings
The Clery Act requires institutions to give timely warnings of crimes that represent a threat to the safety of students or employees. Institutions are required to publish their policies regarding timely warnings in their Annual Campus Security Report. The institution is only required to notify the community of crimes which are covered by the Clery statistics.Virginia Tech
In the final report regarding the April 16, 2007 Virginia Tech massacreVirginia Tech massacre
The Virginia Tech massacre was a school shooting that took place on April 16, 2007, on the campus of Virginia Polytechnic Institute and State University in Blacksburg, Virginia, United States. In two separate attacks, approximately two hours apart, the perpetrator, Seung-Hui Cho, killed 32 people...
by Seung-Hui Cho
Seung-Hui Cho
Seung-Hui Cho was a senior-level undergraduate student at Virginia Polytechnic Institute and State University who killed 32 people and wounded 17 others on April 16, 2007, in the shooting rampage which came to be known as the "Virginia Tech massacre." Cho later committed suicide after law...
, specifically the part concerning the delay in the issuance of vague warnings (more than two hours after the first killing), issued on Thursday, December 9, 2010 by the U.S. Department of Education under Arne Duncan
Arne Duncan
Arne Duncan is an American education administrator and currently United States Secretary of Education. Duncan previously served as CEO of the Chicago Public Schools.-Early years and personal:...
, Virginia Tech was said to have violated this Act. There likely will not be any criminal charges filed as a result (generally, the investigations into the incident, even if finding fault with the University, usually still conclude that Cho, as the murderer and gunman, bore ultimate liability for his actions).
However, the Department of Education fined the University $55,000 on March 29, 2011 for their failure to issue a timely warning in response to the shootings at West Ambler Johnston. In announcing the fine against the university, the director of a department panel which reviewed the case was quoted as saying "While Virginia Tech's violations warrant a fine far in excess of what is currently permissible under the statute, the department's fine authority is limited". As of March 30, 2011, the university had announced their intention to appeal the decision.
Eastern Michigan University
The highest fined institution was in 2008. Eastern Michigan UniversityEastern Michigan University
Eastern Michigan University is a comprehensive, co-educational public university located in Ypsilanti, Michigan. Ypsilanti is west of Detroit and eight miles east of Ann Arbor. The university was founded in 1849 as Michigan State Normal School...
was fined $357,500 for failing to warn the campus of a student's assault
Sexual assault
Sexual assault is an assault of a sexual nature on another person, or any sexual act committed without consent. Although sexual assaults most frequently are by a man on a woman, it may involve any combination of two or more men, women and children....
and death
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
that occurred in 2006. Beyond reporting the incident, the school was fined for violating federal crime-reporting laws. The incident is referred to as the Laura Dickinson incident
Laura Dickinson incident
On December 15, 2006, Eastern Michigan University student Laura Dickinson was raped and murdered in her dorm room. This incident became a major issue when EMU issued a statement the next day that foul play had not occurred. However, this statement was directly contrary to the evidence at hand, and...
. This incident has been seen as a wake-up call on how universities report and display crime statistics that occur on university campuses. The incident brought forth university wide changes in campus safety, and safety notifications. The incident also brought changes in university administration including the dismissal of the university's president John A. Fallon
John A. Fallon
John A. Fallon III is the former president of Eastern Michigan University. Dr. Fallon began his tenure at EMU on July 18, 2005 after serving as president of SUNY Potsdam and William Penn College. He had been appointed by the EMU Board of Regents in March 2005. Fallon was fired by Eastern Michigan...
.
Penn State University
The U.S. Department of Education is investigating Penn StatePennsylvania State University
The Pennsylvania State University, commonly referred to as Penn State or PSU, is a public research university with campuses and facilities throughout the state of Pennsylvania, United States. Founded in 1855, the university has a threefold mission of teaching, research, and public service...
over the Penn State sex abuse scandal
Penn State sex abuse scandal
The Penn State sex abuse scandal refers to allegations that former Pennsylvania State University football assistant coach Jerry Sandusky sexually assaulted or had inappropriate contact with at least eight underage boys on or near university property...
. Their investigation arises from the athletic department's failure to report the alleged abuse being a violation of the Act.
Crime Statistics
An institution must keep the most recent three years of crime statistics that occurred: on campusCampus
A campus is traditionally the land on which a college or university and related institutional buildings are situated. Usually a campus includes libraries, lecture halls, residence halls and park-like settings...
, in institution residential facilities, in noncampus buildings, or on public property. The report must also indicate if any of the reported incidents, or any other crime involving bodily injury, was a "hate crime
Hate crime
In crime and law, hate crimes occur when a perpetrator targets a victim because of his or her perceived membership in a certain social group, usually defined by racial group, religion, sexual orientation, disability, class, ethnicity, nationality, age, gender, gender identity, social status or...
." The following offenses, as defined by the UCR
Uniform Crime Reporting Handbook
Frequently referred to as The Green Book due to its green cover, the Uniform Crime Reporting Handbook is a publication of the United States Department of Justice and the Federal Bureau of Investigation...
http://www.securityoncampus.org/schools/cleryact/definitions.html) are required to be included in the institution's ASR as well as sent to the U.S. Department of Education annually:
- Criminal homicideHomicideHomicide refers to the act of a human killing another human. Murder, for example, is a type of homicide. It can also describe a person who has committed such an act, though this use is rare in modern English...
:- MurderMurderMurder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
and nonnegligent manslaughter - Negligent manslaughter
- Murder
- Sexual offenses:
- forcible
- nonforcible
- RobberyRobberyRobbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear....
- Aggravated assault
- BurglaryBurglaryBurglary is a crime, the essence of which is illicit entry into a building for the purposes of committing an offense. Usually that offense will be theft, but most jurisdictions specify others which fall within the ambit of burglary...
- ArsonArsonArson is the crime of intentionally or maliciously setting fire to structures or wildland areas. It may be distinguished from other causes such as spontaneous combustion and natural wildfires...
- Motor vehicle theftMotor vehicle theftMotor vehicle theft is the criminal act of stealing or attempting to steal a motor vehicle...
- Arrest and/or disciplinary referrals for
- Liquor-law violations
- Drug-law violations
- Illegal weapons possession
Institutions are required to indicate if any of the crimes, or any other crime involving bodily injury, was a "hate crime
Hate crime
In crime and law, hate crimes occur when a perpetrator targets a victim because of his or her perceived membership in a certain social group, usually defined by racial group, religion, sexual orientation, disability, class, ethnicity, nationality, age, gender, gender identity, social status or...
".
.
Laws and Regulations
Crime Statistics
Other information
- Security On Campus, Inc. - Information regarding the Clery Act
- US Department of Education - Campus Security
- Clery Act Campus Crime Reporting Handbook (PDF)
- SPLC's Student Media Guide to the Clery Act