Jim Moore | August 23, 2016Jim Moore | August 23, 2016U.S. Department of EducationU.S. Department of Education

Clery Act Highlights: Beyond Compliance, Clery Act Highlights: Beyond Compliance, Toward Safer Campuses Toward Safer Campuses

DisclaimerDisclaimer

““This presentation provides general information about the Clery Act. It This presentation provides general information about the Clery Act. It does not represent a complete recitation of the applicable law or ED/FSA does not represent a complete recitation of the applicable law or ED/FSA policies in this area and is for discussion purposes only. This presentation policies in this area and is for discussion purposes only. This presentation must not be used for any other purpose. Actual compliance must not be used for any other purpose. Actual compliance determinations must be made after a careful analysis of specific facts on a determinations must be made after a careful analysis of specific facts on a case-by-case basis. Comments made during this presentation are for case-by-case basis. Comments made during this presentation are for instructional and illustrative purposes only and are not intended for instructional and illustrative purposes only and are not intended for attribution or publication.” attribution or publication.”

AgendaAgenda

Clery Act Highlights: Beyond Compliance, Toward Safer Campuses Clery Act Highlights: Beyond Compliance, Toward Safer Campuses

•Clery, VAWA, and Title IXClery, VAWA, and Title IX•New Clery Handbook** (Emphasis on VAWA Requirements) New Clery Handbook** (Emphasis on VAWA Requirements) •Best Practices/Free AdviceBest Practices/Free Advice•QuestionsQuestions

Quotable QuotesQuotable Quotes

““It ain’t what you don’t know that gets you into trouble It’s It ain’t what you don’t know that gets you into trouble It’s what you know for sure that just ain’t necessarily so.”what you know for sure that just ain’t necessarily so.”

Mark TwainMark Twain

Clery Basics - Getting It Right!Clery Basics - Getting It Right!

Theme #1: Understand that compliance is the floorTheme #1: Understand that compliance is the floor

Theme #2: Focus on campus safety & crime prevention - Theme #2: Focus on campus safety & crime prevention - Compliance is largely incidental to simply doing the right Compliance is largely incidental to simply doing the right thing the right way thing the right way

Theme #3: Protect the “Brand” and Risk ManagementTheme #3: Protect the “Brand” and Risk Management

Quotable QuotesQuotable Quotes

• Speaking about the importance & purpose of compliance…Speaking about the importance & purpose of compliance…

““Compliance is just something that we do and that happens Compliance is just something that we do and that happens when we go about the business of keeping people safe.” when we go about the business of keeping people safe.”

Paul J. WiedefeldPaul J. WiedefeldNew Executive Director DC MetroNew Executive Director DC Metro

Clery Basics - ASR Distribution and NotificationClery Basics - ASR Distribution and Notification

Must Must actively distribute actively distribute an accurate and complete an accurate and complete reportreport to all enrolled 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 accessibleBy posting on an Internet or intranet site that is reasonably accessible• If you post the ASR online, you must distribute a notice by October 1If you post the ASR online, you must distribute a notice by October 1stst with statement of with statement of

report’s availability, exact URL, a description of contents, and statement that paper report’s availability, exact URL, a description of contents, and statement that paper copies are available upon requestcopies are available upon request

MustMust actively notify actively notify prospective students and employees about theprospective students and employees about the availability of the ASRavailability of the ASR

Clery Basics - Reportable OffensesClery Basics - Reportable Offenses

Criminal OffensesCriminal Offenses Arrests/Disciplinary Arrests/Disciplinary ReferralsReferrals

Hate CrimesHate Crimes VAWAVAWA

Murder/Non-Negligent Murder/Non-Negligent ManslaughterManslaughter

Drug Law ViolationsDrug Law Violations Simple AssaultSimple Assault Dating Violence**Dating Violence**

Rape**Rape** Liquor Law ViolationsLiquor Law Violations IntimidationIntimidation Domestic Violence**Domestic Violence**Fondling**Fondling** Weapons Possession ViolationsWeapons Possession Violations Larceny/TheftLarceny/Theft Stalking** (including Cyber-Stalking** (including Cyber-

Stalking)Stalking)Statutory RapeStatutory Rape Vandalism/Destruction of Vandalism/Destruction of

PropertyProperty

IncestIncest  RobberyRobbery  

Aggravated Assault**Aggravated Assault**  Burglary**Burglary**  

Motor Vehicle TheftMotor Vehicle Theft  Arson**Arson**

 

Clery Basics - Crime StatisticsClery Basics - Crime Statistics

Classify crime reports and disclose crime statisticsClassify crime reports and disclose crime statistics• Schools disclose reported offenses, regardless of whether or not the alleged perpetrator Schools disclose reported offenses, regardless of whether or not the alleged perpetrator

is found guiltyis found guilty““Reported” - brought to the attention of a campus security authority or local law Reported” - brought to the attention of a campus security authority or local law enforcement enforcement personnel. A report cannot be “unreported” but can be personnel. A report cannot be “unreported” but can be “unfounded**” by law enforcement if “unfounded**” by law enforcement if certain conditions are metcertain conditions are met

• Count both attempted and completed crimes Count both attempted and completed crimes • Make a reasonable, good faith effort to obtain crime statistics from local law Make a reasonable, good faith effort to obtain crime statistics from local law

enforcement agenciesenforcement agencies• Hierarchy and exceptions (Criminal Homicide, Rape, & Arson)Hierarchy and exceptions (Criminal Homicide, Rape, & Arson)• Crimes may be reported anonymously per institutional policy - never include PII in the Crimes may be reported anonymously per institutional policy - never include PII in the

ASR and/or crime statisticsASR and/or crime statistics

Clery Basics - “Clery Geography” DefinedClery Basics - “Clery Geography” Defined

Non-campus building or propertyNon-campus building or property: (1) Any building or property owned or : (1) Any building or property owned or controlled by a controlled by a student organization that is officially recognized student organization that is officially recognized by the by the institution; or (2) any building or property (other than a separate institution; or (2) any building or property (other than a separate campus) owned or controlled by an institution that is used in direct campus) owned or controlled by an institution that is used in direct support of, or in relation to, the institution’s educational purposes, is support of, or in relation to, the institution’s educational purposes, is frequently used by studentsfrequently used by students, and is not within the same reasonably , and is not within the same reasonably contiguous geographic area contiguous geographic area

Public PropertyPublic Property: All public property including thoroughfares, streets, : All public property including thoroughfares, streets, sidewalks, and parking facilities, that is within the campus, or sidewalks, and parking facilities, that is within the campus, or immediately adjacent to or accessible immediately adjacent to or accessible from the campus from the campus

Clery Basics - Campus Security Authority Clery Basics - Campus Security Authority • Members of a campus law enforcement or public safety entityMembers of a campus law enforcement or public safety entity

• Any individual who has responsibility for campus safety but is not part of a campus law Any individual who has responsibility for campus safety but is not part of a campus law enforcement or public safety department or presence (hall monitors; parking attendants)enforcement or public safety department or presence (hall monitors; parking attendants)

• Any official of an institution who has significant responsibility for student and campus Any official of an institution who has significant responsibility for student and campus activities, but does not have significant counseling responsibilities**activities, but does not have significant counseling responsibilities**

• ActualActual professional & pastoral counselors are exemptprofessional & pastoral counselors are exempt

Note: Special considerations for institutions specializing in counseling or affiliated with Note: Special considerations for institutions specializing in counseling or affiliated with churches/religious orderschurches/religious orders

Clery Basics - Safety AlertsClery Basics - Safety Alerts

Issue Timely Warnings and Emergency NotificationsIssue Timely Warnings and Emergency Notifications• Institutions must issue campus safety alerts to provide students and Institutions must issue campus safety alerts to provide students and

employees with timely information about ongoing threats due to crime or employees with timely information about ongoing threats due to crime or other dangerous conditions other dangerous conditions

Two kinds of alerts:Two kinds of alerts:• Timely warnings are issued for Timely warnings are issued for Clery-reportable crimes Clery-reportable crimes that may pose a serious that may pose a serious

ongoing threat ongoing threat (Clery Geography)(Clery Geography)• Emergency notifications are issued upon the confirmation of a significant Emergency notifications are issued upon the confirmation of a significant

emergency or dangerous situation emergency or dangerous situation that may pose an immediate threat to health or that may pose an immediate threat to health or safety safety (Campus Only)(Campus Only)

Violence Against Women Reauthorization Act of 2013 Violence Against Women Reauthorization Act of 2013

• VAWA** Enacted March 7VAWA** Enacted March 7thth, 2013; , 2013; Final Rule issued on October 20, 2014Final Rule issued on October 20, 2014 http://ifap.ed.gov/eannouncements/102014ViolenceAgainstWomenAct.htmlhttp://ifap.ed.gov/eannouncements/102014ViolenceAgainstWomenAct.html

• Requires expanded reporting for incidents of sexual assault, dating violence, domestic Requires expanded reporting for incidents of sexual assault, dating violence, domestic violence, and stalking (including cyber-stalking)violence, and stalking (including cyber-stalking)

• Requires that the ASR include additional information about policies, procedures, and Requires that the ASR include additional information about policies, procedures, and training aimed at sexual assault prevention and response (Primary Prevention; Risk training aimed at sexual assault prevention and response (Primary Prevention; Risk Reduction; Bystander Intervention; Disciplinary Proceedings) Reduction; Bystander Intervention; Disciplinary Proceedings)

• Expands accommodations and protective measures requirementsExpands accommodations and protective measures requirements

Violence Against Women Reauthorization Act of 2013 Violence Against Women Reauthorization Act of 2013 Key ProvisionsKey Provisions•Revises the definition of RapeRevises the definition of Rape•Adds Gender Identity and Perceived Gender to Hate Crimes provision Adds Gender Identity and Perceived Gender to Hate Crimes provision • Requires Specialized Training for Disciplinary Hearing Officials Requires Specialized Training for Disciplinary Hearing Officials •Reforms the disciplinary proceeding processReforms the disciplinary proceeding process

More information on how to file complaints More information on how to file complaints List possible sanctionsList possible sanctions Describe the range of protective measuresDescribe the range of protective measures Explicit right to timely notice of all meetings (including appeals)Explicit right to timely notice of all meetings (including appeals) Fair, prompt, and impartial processFair, prompt, and impartial process Advisor of choiceAdvisor of choice Equal opportunities to be heard, present evidence, and have others present (Basic procedural rights to notice Equal opportunities to be heard, present evidence, and have others present (Basic procedural rights to notice

and to hearing)and to hearing) Unconditional and simultaneous notice of outcomes reached and sanctions imposedUnconditional and simultaneous notice of outcomes reached and sanctions imposed

• VAWA regulations did NOT result in any changes to Title IX requirementsVAWA regulations did NOT result in any changes to Title IX requirements

• Schools’ obligations under the Clery Act (Title IV) focus on accurate disclosure and Schools’ obligations under the Clery Act (Title IV) focus on accurate disclosure and transparency concerning campus safety and crime prevention transparency concerning campus safety and crime prevention

• Schools’ obligations under Title IX focus on ensuring that students and employees are Schools’ obligations under Title IX focus on ensuring that students and employees are not discriminated against on the basis of sex in a school’s education programs or related not discriminated against on the basis of sex in a school’s education programs or related activities. Sexual violence and harassment are forms of sex discriminationactivities. Sexual violence and harassment are forms of sex discrimination

• VAWA fills in the space between Clery and Title IX - Protect rights of the individual VAWA fills in the space between Clery and Title IX - Protect rights of the individual

• Clarification regarding the intersection of Clery Act & Title IX: Strict compliance with Clarification regarding the intersection of Clery Act & Title IX: Strict compliance with Clery Act/VAWA will Clery Act/VAWA will NEVERNEVER cause a direct violation of Title IX (or FERPA) cause a direct violation of Title IX (or FERPA) Clery Clery and Title IX DO NOT conflict or contradict each other!and Title IX DO NOT conflict or contradict each other!

Clery Act and Title IXClery Act and Title IX

Program Reviews - What to ExpectProgram Reviews - What to ExpectWritten Notification - Fieldwork - PRR – Response - FPRDWritten Notification - Fieldwork - PRR – Response - FPRD

““How do you know what you think you know?”How do you know what you think you know?”Document! Document!! Document!!!Document! Document!! Document!!!

•Document requests (not a negotiation)Document requests (not a negotiation)• Police/Public safety incident reports + arrest recordsPolice/Public safety incident reports + arrest records• Student and employee conduct records…advocacy, athletics, Greeks, housing Student and employee conduct records…advocacy, athletics, Greeks, housing • InterviewsInterviews• What about FERPA?What about FERPA?

• Opportunity to demonstrate administrative capabilityOpportunity to demonstrate administrative capability• Emphasis on full disclosure and timely productionEmphasis on full disclosure and timely production• Role of advisors, consultants, and attorneysRole of advisors, consultants, and attorneys• Separate from other reviews or investigations (ED OCR; Justice)Separate from other reviews or investigations (ED OCR; Justice)

Program Review Process – Part IProgram Review Process – Part I• Relevant Statutes and RegulationsRelevant Statutes and Regulations

• 18 U.S.C. §§1001 and 151618 U.S.C. §§1001 and 1516• 34 C.F.R. §§668.14, 16, 24, 41, 46, 4934 C.F.R. §§668.14, 16, 24, 41, 46, 49

• Announcement Letter - “Here I Come” Announcement Letter - “Here I Come” • Entrance ConferenceEntrance Conference• Campus TourCampus Tour• Document Requests and ExaminationDocument Requests and Examination• Interviews - Student and StaffInterviews - Student and Staff• Exit Conference…maybeExit Conference…maybe

Program Review Process – Part IIProgram Review Process – Part II• Post-review Information Requests/AnalysisPost-review Information Requests/Analysis• Program Review ReportProgram Review Report• Institutional ResponseInstitutional Response• Final Program Review DeterminationFinal Program Review Determination• Post-review Monitoring Post-review Monitoring • Appeals - Separate process!Appeals - Separate process!

Best Practices/Free AdviceBest Practices/Free AdviceA/K/A Take A Fool’s Advice…A/K/A Take A Fool’s Advice…

•Appoint and empower a Clery Act Compliance Officer - Essential for effective transitionsAppoint and empower a Clery Act Compliance Officer - Essential for effective transitions

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

•ID/train CSAs & provide a mechanism to report quickly and easily - no crime codesID/train CSAs & provide a mechanism to report quickly and easily - no crime codes

•Specifically inform students and employees about how to report! Specifically inform students and employees about how to report!

•Resolve complaints quickly and without escalationResolve complaints quickly and without escalation

•Check crime statistics for similar schools using the “CSSDACT” (Pass the “smell test?”) Check crime statistics for similar schools using the “CSSDACT” (Pass the “smell test?”)

•Develop a Clery IX Implementation/Integration Plan - The phrases that DO NOT PAY – “Do Clery” – Develop a Clery IX Implementation/Integration Plan - The phrases that DO NOT PAY – “Do Clery” – “Professional Staff” – “In this state…” – “Well, we have this p“Professional Staff” – “In this state…” – “Well, we have this policy…” olicy…”

““Free Advice”Free Advice”• Don’t fall for something just because it’s new, shiny, and/or expensiveDon’t fall for something just because it’s new, shiny, and/or expensive• But…it never pays to be too cheapBut…it never pays to be too cheap• Admit your weaknessesAdmit your weaknesses• Be proactive - You can’t fix a problem that you don’t know aboutBe proactive - You can’t fix a problem that you don’t know about• Educate chief executives (to manage expectations)…Strategic partnerships Educate chief executives (to manage expectations)…Strategic partnerships • Culture and Policy Shift: Develop - Implement (Training) – Follow - the 3Culture and Policy Shift: Develop - Implement (Training) – Follow - the 3rdrd is is

the reason orgs don’t do the 1the reason orgs don’t do the 1stst 2! 2!• Understand Loss Aversion…as in “loss” of discretionUnderstand Loss Aversion…as in “loss” of discretion• Beware the “Messiah” Complex - the answers are usually in the roomBeware the “Messiah” Complex - the answers are usually in the room• Demand “Value” from service providersDemand “Value” from service providers

““Free Advice”Free Advice”• Beware Positional Authority – Deans, VPs, Counsel, Outsiders – Do not lay “prostrate to Beware Positional Authority – Deans, VPs, Counsel, Outsiders – Do not lay “prostrate to

the “higher mind.” the “higher mind.” • Set reasonable expectations – Nobody’s perfect…not even you!Set reasonable expectations – Nobody’s perfect…not even you!• Get situated: Right Church, Right Pew or is it Square Peg, Round Hole?Get situated: Right Church, Right Pew or is it Square Peg, Round Hole?• Get a seat at the table – Hiring – Acquisitions -- Agreements/MOUsGet a seat at the table – Hiring – Acquisitions -- Agreements/MOUs• Beware the self-proclaimed “expert”Beware the self-proclaimed “expert”• You can’t (completely) understand Clery if you don’t understand Title IVYou can’t (completely) understand Clery if you don’t understand Title IV• Keep this in mind…the Department does not endorse or certify products or servicesKeep this in mind…the Department does not endorse or certify products or services• Remain calm…the sky may not actually be fallingRemain calm…the sky may not actually be falling• ““There is no money to be made in clarity!”There is no money to be made in clarity!”• Get ready for the next thing…Get ready for the next thing…

Quotable QuotesQuotable Quotes

““It ain’t what you don’t know that gets you into trouble It’s It ain’t what you don’t know that gets you into trouble It’s what you know for sure that just ain’t necessarily so.”what you know for sure that just ain’t necessarily so.”

Mark TwainMark Twain

Do you get it Do you get it now?now?

Clery ResourcesClery Resources• Handbook for Campus Safety and Security Reporting (released June Handbook for Campus Safety and Security Reporting (released June

23, 2016; New edition includes VAWA guidance; Supersedes old 23, 2016; New edition includes VAWA guidance; Supersedes old versions)versions)

• Help DeskHelp Desk•campussafetyhelp@westat.com•1-800-435-59851-800-435-5985

Jim MooreJim Moorejames.moore@ed.gov

Clery Team General InquiriesClery Team General Inquiriesclery@ed.gov

ANY QUESTIONS???ANY QUESTIONS???