Jim Moore | July 2014 SKC Student Services Conference Compliance with the Clery Act: Campus Crime,...

Jim Moore | July 2014Jim Moore | July 2014

SKC Student Services Conference SKC Student Services Conference

Compliance with the Clery Act: Campus Crime, Compliance with the Clery Act: Campus Crime, Fire Safety, and VAWA and An Introduction to the Fire Safety, and VAWA and An Introduction to the Drug-Free Schools and Communities Act: Drug-Free Schools and Communities Act: Practical Advice for Higher Education OfficialsPractical Advice for Higher Education Officials

DisclaimerDisclaimer

This presentation provides general information about This presentation provides general information about the Clery Act and the Drug-Free Schools and the Clery Act and the Drug-Free Schools and Communities Act and does not represent a complete Communities Act and does not represent a complete recitation of the applicable law or ED/FSA policies in recitation of the applicable law or ED/FSA policies in this area and is for discussion purposes only. This this area and is for discussion purposes only. This presentation must not be used for any other purpose. presentation must not be used for any other purpose. Actual compliance determinations must be made Actual compliance determinations must be made after a careful analysis of specific facts on a case-by-after a careful analysis of specific facts on a case-by-case basis. case basis.

AgendaAgenda

BackgroundBackground

•Clery Act BasicsClery Act Basics•Violence Against Women Reauthorization Act (VAWA) Violence Against Women Reauthorization Act (VAWA) – – “10 Things That You Need To Know About VAWA”“10 Things That You Need To Know About VAWA”•Drug-Free Schools and Communities Act Drug-Free Schools and Communities Act •(Quick) Note on Related Issues: FERPA; Title IX (Quick) Note on Related Issues: FERPA; Title IX •Clery/Part 86 Program Review OverviewClery/Part 86 Program Review Overview•Resources – Resources – Resource SheetResource Sheet•QuestionsQuestions

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Campus safety requirements in the HEACampus safety requirements in the HEA

• The Crime Awareness and Campus Security Act of 1990The Crime Awareness and Campus Security Act of 1990• 1992 Amendments first added policies on sex offenses 1992 Amendments first added policies on sex offenses • 1998 Amendments expanded the requirements and renamed the 1998 Amendments expanded the requirements and renamed the

law - Jeanne Clery Disclosure of Campus Security Policy and law - Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act)Campus Crime Statistics Act (Clery Act)

• HEOA in 2008 again expanded the requirementsHEOA in 2008 again expanded the requirements• ““Campus SaVE” provisions of the Violence Against Women Act Campus SaVE” provisions of the Violence Against Women Act

(VAWA) will be added in October 2014 (VAWA) will be added in October 2014

•Legislation: 20 USC § 1092(f) Legislation: 20 USC § 1092(f) •Regulations: 34 C.F.R. §§ 668.14, 668.41, 668.46, and 668.49Regulations: 34 C.F.R. §§ 668.14, 668.41, 668.46, and 668.49

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Federal Student Aid (FSA) monitors & enforces the Clery Act Federal Student Aid (FSA) monitors & enforces the Clery Act & conducts campus crime program reviews& conducts campus crime program reviews

•Possible consequences of review findings:Possible consequences of review findings:• Fines - up to Fines - up to $35,000$35,000 per offense (recently increased) per offense (recently increased)• Limitation, suspension, or termination of the eligibility for student Limitation, suspension, or termination of the eligibility for student

financial aid programs; denial of recertification or revocation of a financial aid programs; denial of recertification or revocation of a provisional Program Participation Agreement (PPA)provisional Program Participation Agreement (PPA)

Special Note: Special Note:

The Secretary “shall impose” a civil penalty for any Clery Act The Secretary “shall impose” a civil penalty for any Clery Act violation that rises to the level of a “significant violation that rises to the level of a “significant misrepresentation.” misrepresentation.”

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Clery BasicsClery Basics

The Clery Act requires The Clery Act requires allall schools to: schools to:

• Collect, classify, and count crime reports and crime statistics Collect, classify, and count crime reports and crime statistics • Publish and actively distribute an annual security report that Publish and actively distribute an annual security report that

contains all statistical and policy disclosures – must be a contains all statistical and policy disclosures – must be a single, comprehensive report single, comprehensive report

• Submit crime statistics to EDSubmit crime statistics to ED• Issue Timely Warnings and Emergency NotificationsIssue Timely Warnings and Emergency Notifications

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Requirement: Collect, classify, and count crime reports Requirement: Collect, classify, and count crime reports and crime statisticsand crime statistics

• Currently includes three broad categories of crime (VAWA Currently includes three broad categories of crime (VAWA added a 4added a 4thth))

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• Schools disclose reported offenses, regardless of whether Schools disclose reported offenses, regardless of whether someone is found guiltysomeone is found guilty• ““Reported” = brought to the attention of a campus security authority or local Reported” = brought to the attention of a campus security authority or local

law enforcement personnellaw enforcement personnel

• Crimes may be reported anonymously or not, but PII must not Crimes may be reported anonymously or not, but PII must not be included in your crime statisticsbe included in your crime statistics

• Count both attempted and completed crimes Count both attempted and completed crimes • Make a reasonable, good faith effort to obtain Clery crime Make a reasonable, good faith effort to obtain Clery crime

statistics from local law enforcement agencies with statistics from local law enforcement agencies with jurisdiction over all parts of your Clery geographyjurisdiction over all parts of your Clery geography

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• Hate crimes are motivated by the offender’s category of biasHate crimes are motivated by the offender’s category of bias

• **To be added to the regs (per the Matthew Shephard Act, **To be added to the regs (per the Matthew Shephard Act, 2009)2009)

• Arrests and referrals for disciplinary action are based on Arrests and referrals for disciplinary action are based on violations of weapons, drug, and liquor laws, not of institution violations of weapons, drug, and liquor laws, not of institution policiespolicies

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Requirement: Publish and distribute an ASRRequirement: Publish and distribute an ASR

• Must publish the annual security report by October 1 each yearMust publish the annual security report by October 1 each year• Report must be contained within a single documentReport must be contained within a single document• Report must include:Report must include:

• 3 calendar year’s of campus crime statistics3 calendar year’s of campus crime statistics• All required current campus safety and security policies and procedures All required current campus safety and security policies and procedures

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Clery Basics

Requirement: Publish and distribute annual security Requirement: Publish and distribute annual security reportreport

• Must distribute the annual security report to all enrolled Must distribute the annual security report to all enrolled students and current employeesstudents and current employees• Directly by mail, hand delivery, or email orDirectly by mail, hand delivery, or email or• By posting on an Internet or intranet site that is reasonably accessible to By posting on an Internet or intranet site that is reasonably accessible to

current students and employees*current students and employees*

• *If you post the annual security report online, you must *If you post the annual security report online, you must distribute a notice by October 1 with statement of report’s distribute a notice by October 1 with statement of report’s availability, exact URL, a description of contents, and availability, exact URL, a description of contents, and statement that paper copy is available upon requeststatement that paper copy is available upon request

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Requirement: Publish and distribute annual security Requirement: Publish and distribute annual security reportreport

• Must actively notify Must actively notify prospectiveprospective students and employees students and employees about the availability of the ASR. The notice must include a about the availability of the ASR. The notice must include a description of the report’s contents and explain how to obtain description of the report’s contents and explain how to obtain a paper copya paper copy• Must provide a copy of the ASR upon requestMust provide a copy of the ASR upon request• If posted on an internet site, notice must also include exact URL where ASR If posted on an internet site, notice must also include exact URL where ASR

is postedis posted

• For prospective students and employees, information may not For prospective students and employees, information may not be posted on an intranet sitebe posted on an intranet site

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Requirement: Submit crime statistics to EDRequirement: Submit crime statistics to ED

• Institutions report campus crime statistics for the 3 most-Institutions report campus crime statistics for the 3 most-recent calendar yearsrecent calendar years

• Must match the statistical disclosures that were published in Must match the statistical disclosures that were published in the annual security report the annual security report

• Deadline for completing the web-based data collection is Deadline for completing the web-based data collection is specified by the Secretary each year – typically mid-Octoberspecified by the Secretary each year – typically mid-October

• Collected data are posted on OPE’s Data Analysis Cutting Tool Collected data are posted on OPE’s Data Analysis Cutting Tool (linked to College Navigator) for public use(linked to College Navigator) for public use

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Additional requirements:Additional requirements:

• Institutions Institutions with campus police or security departmentswith campus police or security departments must must additionally maintain a daily crime logadditionally maintain a daily crime log

• Institutions Institutions with on-campus student housing facilities with on-campus student housing facilities must must additionally:additionally:

• Disclose missing student notification procedures that pertain to students Disclose missing student notification procedures that pertain to students residing in those facilitiesresiding in those facilities

• Comply with fire safety requirementsComply with fire safety requirements

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Requirement: Daily Crime LogRequirement: Daily Crime Log• Log is a daily record of criminal and alleged criminal incidents Log is a daily record of criminal and alleged criminal incidents

reported to the campus police or security departmentreported to the campus police or security department• All crimes on Clery geography or within patrol jurisdiction of the campus All crimes on Clery geography or within patrol jurisdiction of the campus

police/security departmentpolice/security department• Not just Clery Act crimesNot just Clery Act crimes• Records nature, date the crime was reported, time, date, general location, Records nature, date the crime was reported, time, date, general location,

and disposition (if known) of each crimeand disposition (if known) of each crime

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Requirement: Daily Crime LogRequirement: Daily Crime Log

• Log must be availableLog must be available• Must be accessible on-site (written or electronic)Must be accessible on-site (written or electronic)• Available upon request for public inspection during business hours (most Available upon request for public inspection during business hours (most

recent 60 days available immediately; older records available within 2 recent 60 days available immediately; older records available within 2 business days)business days)

• Must be available without payment or written requestMust be available without payment or written request

• Log must be maintainedLog must be maintained• Must make additions or updates to an entry within two business daysMust 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 Update disposition up to 60 days from when crime was entered in the log • Schools must archive log for seven yearsSchools must archive log for seven years

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Requirement: Fire Safety Policies and StatisticsRequirement: Fire Safety Policies and Statistics

• 3 primary compliance areas:3 primary compliance areas:

• Annual fire safety reportAnnual fire safety report• Submit fire statistics to EDSubmit fire statistics to ED• Fire logFire log

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Requirement: Publish an annual fire safety reportRequirement: Publish an annual fire safety report

• Must publish annual fire safety report by October 1 each yearMust publish annual fire safety report by October 1 each year• Report must include:Report must include:

• Fire statistics Fire statistics • Current fire safety policies and proceduresCurrent fire safety policies and procedures• must be a single, comprehensive report must be a single, comprehensive report

• Annual fire safety report and annual security reportAnnual fire safety report and annual security report• May be published separately or togetherMay be published separately or together• If published separately, specify how to access the other report in each oneIf published separately, specify how to access the other report in each one

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Requirement: Submit fire statistics to EDRequirement: Submit fire statistics to ED• Must annually submit 3 years’ worth of statistics to the Must annually submit 3 years’ worth of statistics to the

DepartmentDepartment• Collected in the same web-based collection tool as the campus crime Collected in the same web-based collection tool as the campus crime

statistics statistics • Includes statistics for each Includes statistics for each on-campus student housing facility – if questions on-campus student housing facility – if questions

arise about ownership or whether a housing unit is actually on-campus, arise about ownership or whether a housing unit is actually on-campus, please consult with the Clery Division – [email protected] please consult with the Clery Division – [email protected]

• Statistics include:Statistics include:• Number and cause of each fireNumber and cause of each fire

• Number of persons with injuries related to a fire that resulted in treatment at Number of persons with injuries related to a fire that resulted in treatment at a medical facilitya medical facility

• Number of deaths related to a fireNumber of deaths related to a fire

• Value of property damageValue of property damage

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Requirement: Fire logRequirement: Fire log• Fire log is a record of any fire that occurs in an on-campus Fire log is a record of any fire that occurs in an on-campus

student housing facilitystudent housing facility• Records nature, date the crime was reported, time, date, nature, and general Records nature, date the crime was reported, time, date, nature, and general

location of each firelocation of each fire• Must be written and easily understoodMust be written and easily understood

• Annual report to the campus community on fires recorded in Annual report to the campus community on fires recorded in the logthe log

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Requirement: Fire logRequirement: Fire log• Log must be availableLog must be available

• Must be accessible on-site (written or electronic)Must be accessible on-site (written or electronic)• Available upon request for public inspection during business hours (most Available upon request for public inspection during business hours (most

recent 60 days available immediately; older records available within 2 recent 60 days available immediately; older records available within 2 business days)business days)

• Must be available without payment or written requestMust be available without payment or written request

• Log must be maintainedLog must be maintained• Must make additions or updates to an entry within two business daysMust 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 Update disposition up to 60 days from when crime was entered in the log • Schools must archive log for seven yearsSchools must archive log for seven years

• The fire log may be combined with the daily crime log The fire log may be combined with the daily crime log • Label it well so users know it is both a crime and fire logLabel it well so users know it is both a crime and fire log• Ensure that it contains the required elements for both logsEnsure that it contains the required elements for both logs

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VAWAVAWA

Violence Against Women Reauthorization Act of 2013 Violence Against Women Reauthorization Act of 2013 (VAWA)(Pub. Law 113-4)(VAWA)(Pub. Law 113-4)

• Enacted March 7Enacted March 7thth, 2013, 2013• Amended the Clery ActAmended the Clery Act

• Requires expanded reporting for incidents of sexual assault, Requires expanded reporting for incidents of sexual assault, dating violence, domestic violence, and stalking institutions dating violence, domestic violence, and stalking institutions that are reported to campus security authorities or local police that are reported to campus security authorities or local police agenciesagencies

• Requires institutions to include certain policies procedures, Requires institutions to include certain policies procedures, and information about certain training programs in the ASRand information about certain training programs in the ASR

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VAWAVAWA

New Programmatic and Training Requirements include:New Programmatic and Training Requirements include:•AwarenessAwareness•Primary PreventionPrimary Prevention•Bystander InterventionBystander Intervention•Specialized Training for Adjudication OfficialsSpecialized Training for Adjudication Officials

Regulatory changes affect ASRs and crime statistics Regulatory changes affect ASRs and crime statistics reported to ED beginning reported to ED beginning Fall 2014Fall 2014

Until final regulations are issued, institutions must make Until final regulations are issued, institutions must make a good faith effort to comply with the statute a good faith effort to comply with the statute

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VAWAVAWA

Implementation Timeline Implementation Timeline •Early 2014 – Negotiated Rulemaking Committee Early 2014 – Negotiated Rulemaking Committee meetingsmeetings

• January 13-14 – First round of negotiations January 13-14 – First round of negotiations • February 24-25 – Second round of negotiationsFebruary 24-25 – Second round of negotiations• March 31–April 1 – Third round of negotiations – March 31–April 1 – Third round of negotiations – Consensus Reached!!!Consensus Reached!!!

• October 2014 – Institutions complete annual security reports October 2014 – Institutions complete annual security reports and report to ED using good faith effortand report to ED using good faith effort

With the Master Calendar in mind, The GOAL for publishing final With the Master Calendar in mind, The GOAL for publishing final regulations is November 1, 2014regulations is November 1, 2014• July 2015 – Final regulations become effectiveJuly 2015 – Final regulations become effective

• October 2015 – Institutions complete annual security reports October 2015 – Institutions complete annual security reports and report statistics to ED under final regulationsand report statistics to ED under final regulations

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Drug-Free Schools & Communities Act Drug-Free Schools & Communities Act

Implemented by 34 CFR Part 86Implemented by 34 CFR Part 86•Requires institutions to certify that they have Requires institutions to certify that they have developed and implemented a drug and alcohol abuse developed and implemented a drug and alcohol abuse education and prevention program (DAAPP) – education and prevention program (DAAPP) – completed through the PPA completed through the PPA

• The program must be designed to prevent the unlawful The program must be designed to prevent the unlawful possession, use, and distribution of drugs and alcohol on possession, use, and distribution of drugs and alcohol on campus and at recognized events and activities campus and at recognized events and activities

• As part of the program, institutions must distribute certain As part of the program, institutions must distribute certain information to students and employees annually information to students and employees annually

• Institutions must do a biennial review of the programInstitutions must do a biennial review of the program

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Annual disclosureAnnual disclosure• Must share information with current students and employeesMust share information with current students and employees• 34 CFR § 86.100 outlines the information that must be 34 CFR § 86.100 outlines the information that must be

included:included:

• Standards of conduct prohibiting the possession, use, and distribution of Standards of conduct prohibiting the possession, use, and distribution of drugs and alcoholdrugs and alcohol

• Possible sanctions for violations of Federal, state, and local drug and Possible sanctions for violations of Federal, state, and local drug and alcohol laws as well as sanctions for violation of institutional policies alcohol laws as well as sanctions for violation of institutional policies

• Health risks associated with the use of drugs and alcoholHealth risks associated with the use of drugs and alcohol• Information on counseling, rehabilitation, and treatment programs Information on counseling, rehabilitation, and treatment programs • A clear statement that the school will impose sanctions on students and A clear statement that the school will impose sanctions on students and

employees who violate drug and alcohol laws, ordinances, and/or employees who violate drug and alcohol laws, ordinances, and/or institutional policiesinstitutional policies

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Biennial ReviewBiennial Review• Objectives are:Objectives are:

• To determine the effectiveness of your drug and alcohol abuse prevention To determine the effectiveness of your drug and alcohol abuse prevention program program

• To ensure consistent enforcement of applicable laws, ordinances, and To ensure consistent enforcement of applicable laws, ordinances, and institutional policies against violators institutional policies against violators

• The biennial review report and supporting documents must be The biennial review report and supporting documents must be maintained by the school and made available to the Department maintained by the school and made available to the Department upon requestupon request

Special Note* The DFSCA requirements are stackable/cumulative Special Note* The DFSCA requirements are stackable/cumulative i.e. if an institution fails to develop and implement a substantive i.e. if an institution fails to develop and implement a substantive DAAPP, the institution CANNOT comply with the other DAAPP, the institution CANNOT comply with the other requirements requirements

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How You Can Help!How You Can Help!

Make sure that your school has an ASRMake sure that your school has an ASR• Is it accurate and complete? Is it accurate and complete? • Was it distributed properly?Was it distributed properly?

Review your school’s campus security policiesReview your school’s campus security policies• Do the policies pass the “smell test?”Do the policies pass the “smell test?”• Use what you know about ED’s standards for policy Use what you know about ED’s standards for policy

development development

Take a look at your school’s crime logTake a look at your school’s crime log• Does your school have one?Does your school have one?• Is it accessible to the public? Is it accessible to the public?

Best PracticesBest Practices

• Appoint and empower a Clery Act Compliance OfficerAppoint and empower a Clery Act Compliance Officer

• Develop an understanding of “Clery Geography”Develop an understanding of “Clery Geography”

• Identify and train “Campus Security Authorities”Identify and train “Campus Security Authorities”

• Specifically inform students and employees about how to report Specifically inform students and employees about how to report crimes and emergenciescrimes and emergencies

• Check crime statistics for similar schools using the “Campus Check crime statistics for similar schools using the “Campus

Safety and Security Data Analysis Cutting Tool” Safety and Security Data Analysis Cutting Tool”

QUESTIONS?QUESTIONS?

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Jim MooreJim MooreClery Act Compliance DivisionClery Act Compliance Division

[email protected]

Keith Ninemire Keith Ninemire Clery Act Compliance DivisionClery Act Compliance Division

[email protected]

Jim Moore | July 2014 SKC Student Services Conference Compliance with the Clery Act: Campus Crime,...

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