Clery Act Quick Review
Specific Campus Safety and Crime Prevention Policies and Procedures
While gathering open CA community college leadership positions for the 60-day Avalanche post, I noticed the Clery Act referenced on most recruitment applications. Let’s review, to ensure you’re current. This link opens the CCCCO Clery Act Policy.
The Clery Act requires that all postsecondary institutions participating in Title IV student financial assistance programs disclose campus crime statistics and other security information to students and the public. Among other changes, the Violence Against Women Reauthorization Act (VAWA) amendments added requirements that institutions disclose statistics, policies, and programs related to dating violence, domestic violence, sexual assault, and stalking.
The Clery Act requires institutions to develop and implement specific campus safety and crime prevention policies and procedures.
In October 2020, the Department of Education rescinded and archived the Handbook for Campus Safety and Security Reporting (OPE Handbook). Post OPE, guidance is offered via a Clery-related Appendix to the Federal Student Aid Handbook. The Appendix does not have the force and effect of law and is not meant to bind the public. Its intent is to provide clarity to the public. OPE remains on the CCCCO Clery Act Policy web page and continues to serve as a reference guide. Per the Appendix:
- A school must report to the Department and disclose in its Annual Security Report statistics for the three most recently completed calendar years.
- As of January 2021, schools are to submit through the National Incident-Based Reporting System (NIBRS).
- Institutions must submit their crime statistics to the Department as part of the annual data collection and survey, including the number of each of the following crimes within the school or district Clery Geography.
The Clery Act requires community colleges to report categories of crimes within the following geographical categories:
- On campus
- In or on certain non-campus facilities that are owned or controlled by the college, including student housing facilities
- On public property that is within or immediately adjacent to and accessible from campus, including streets, sidewalks, and parking facilities. Source: 34 Code of Federal Regulation section 668.48(a).
Community colleges with more than one location, such as satellite, center, or research campuses, should be aware that the Clery Act requires each campus to be identified individually, that is — each campus must identify its own policy statements (if the campus has its own policy statements separate from the rest of the college’s campuses) and must identify crime statistics associated with that individual campus. Colleges may report all campuses on the same ASR, but must specifically distinguish each campus and the reportable crimes and policies associated with that campus.
Locations within a one-mile radius of campus borders are considered reasonably contiguous to campus, especially if the location is one that students may frequent. As a result, parking facilities, dining halls, and even a public park across the street would be considered “on-campus” for purposes of reporting if within a mile of campus.
The Clery Act Policy is essential for all of our stakeholders. As a student in the 80s, I can’t count the number of peers and friends who suffered from assault. Your role is to know how Clery Act is implemented and reported on your campus. CleryCenter.org is a helpful resource and offers a free webinar series: Beyond the Basics.
Thanks, Kelly
