The Jeanne Clery Act

The Jeanne Clery Disclosure of Campus Security and Campus Crime Statistics Act (20 USC 1092(f) is the landmark federal law, originally known as the Campus Security Act, 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 aid programs and it applies to most institutions of higher education both public and private. The 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 also added a provision to protect crime victims, "whistleblowers", and others from retaliation.

The Clery Act requires colleges and universities:

Publish an Annual Security Report (ASR) by October 1.

To have a public crime log.

Disclose crime statistics for incidents that occur on campus, in unobstructed public areas immediately adjacent to or running through the campus and at certain non-campus facilites.  The Clery Act requires reporting of crimes in seven major categories, some with significant sub-categories and conditions:

 

1. Criminal Homicide
    a. Murder & Non negligent manslaughter
    b. Negligent manslaughter
2. Sex Offenses
    a. forcible
    b. non-forcible
3. Robbery
4. Aggravated Assault
5. Burglary, where:
    a. There is evidence of unlawful entry (trespass), which may be either forcible or not involve force.
    b. Unlawful entry must be a structure- having four walls, a roof, and a door
    c. There is evidence that the entry was made in order to commit a felony or theft.
6. Motor Vehicle Theft
7. Arson

Schools are also required to report statistics for the following categories of arrest or referrals for campus disciplinary action (if an arrest was not made):

1. Liquor law violations
2. Drug law violations
3. Illegal weapon possession

Hate crimes must be reported by category of prejudice, including race, gender, religion, sexual orientation, ethnicity, and disability. Statistics are also required for four additional crime categories if the crime committed is classified as a hate crime: (To be determined a hate crime it must be investigated by law enforcement)

 

1 Larceny/Theft
2. Simple Assault
3. Intimidation
4. Destruction/Damaging/Vandalism of Property

Issue timely warnings about Clery Act crimes which pose a serious or ongoing threat to students and employees.

Devise an emergency response, notification and testing policy.

Compile and report fire data to the federal government and publish an annual fire safety report.

Enact policies and procedures to handle reports of missing students.