What is the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (The Clery Act)?
The Clery Act is a federal law that requires all U.S. colleges and universities (including foreign campuses of U.S. institutions), both public and private, participating in federal student aid programs to disclose campus safety information, and mandates certain basic requirements for handling incidents of sexual violence and emergency situations. Disclosures about required crime and fire statistics and summaries of security and fire policies are made once a year in an Annual Security Report and Annual Fire Safety Report on Student Housing. Information about specific crimes and emergencies is made available on an ongoing basis throughout the year.
The Act is named in memory of Jeanne Clery who was raped and murdered in her residence hall room by a fellow student she did not know on April 5, 1986 at Lehigh University in Bethlehem, Pennsylvania.
Why is the Clery Act important?
The Act was designed to assist students, parents, and other members of the campus community in making decisions which affect their personal safety. The Clery Act requires institutions of higher education to provide current and prospective students and employees with accurate, complete, and timely information about crime and campus safety.
What are the major requirements of the Act?
Under the Clery Act, each University must:
- Publish an annual security report by October 1st of each year. The report must be made available to all current and prospective students and employees;
- Have a public crime log documenting the nature, date and general location of each crime;
- Disclose statistics for reported Clery crimes that occur on campus, on public property within or immediately adjacent to campus, and in or on non-campus buildings or property that the institution owns or controls;
- Issue timely warnings about Clery Act crimes which pose a serious or ongoing threat to students and employees;
- Initiate notification procedures for any significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees occurring on the campus;
- Disclose fire safety policies and procedures related to on-campus housing and statistics for fires that occur in those facilities and maintain a fire log;
- Have missing person notification policies and procedures in place for students who reside in on-campus housing; and
- Provide programs to prevent dating violence, domestic violence, sexual assault, and stalking and adopt institutional policies for handling such alleged offenses in accordance with the Violence Against Women Reauthorization Act (VAWA) requirements.
How does Texas A&M comply with the Clery Act?
Texas A&M performs the following in order to comply with Clery Act requirements:
- The annual security reports and annual fire safety reports published by Texas A&M can be found at http://urc.tamu.edu/clery-act/clery-annual-report;
- Each Texas A&M campus maintains a crime log, if required by the Clery Act, that is available for public access. The Texas A&M University College Station crime log can be found online at (https://upd.tamu.edu/Crime%20Logs/Forms/AllItems.aspx);
- Crime statistics are reviewed for accuracy and disclosed in the annual security reports;
- When campus police, security, or designated individuals determine that a crime poses a serious or continuing threat to the campus community, a timely warning is issued. At Texas A&M University College Station, crimes are evaluated for timely warning by University Police. Timely warnings are distributed by the campus email system to students, staff and faculty and posted in the University Police website crime alert section at https://upd.tamu.edu/Lists/CrimeAlerts/AllItems.aspx;
- An emergency notification is issued when campus police, security, or designated individuals determine that there is a significant emergency or dangerous situation involving an immediate threat. At Texas A&M University College Station, situations are evaluated for emergency notification by University Police and Environmental Health and Safety. The Texas A&M University College Station emergency notification system, Code Maroon, can be found at http://codemaroon.tamu.edu/. Code maroon is tested monthly. Related emergency preparedness and response plans can be found at https://www.tamu.edu/emergency/resources/plans.html
- Reports of missing students residing in on-campus student housing are communicated to appropriate law enforcement for investigation and emergency contacts are notified;
- Programs are provided to students and employees to promote awareness of and prevent dating violence, domestic violence, sexual assault, and stalking (https://stepinstandup.tamu.edu/education-resources.html);
- Institutional procedures are followed when cases of alleged dating violence, domestic violence, sexual assault, or stalking are reported including, but not limited to, providing accommodations, protective measures, and disciplinary procedures; and
- Campus security authorities (campus police, security personnel, university officials who have significant responsibility for student and campus activities, and others) are identified and provided mandatory training informing them of their crime reporting responsibilities.
What categories of crime are included in the annual security report?
- Murder & Non-negligent manslaughter
- Manslaughter by negligence
- Sex Offenses, Rape
- Sex Offenses, Fondling
- Sex Offenses, Incest
- Sex Offenses, Statutory Rape
- Aggravated Assault
- Motor Vehicle Theft
- Domestic Violence
- Dating Violence
Hate crimes must also be reported by category of prejudice:
- Sexual Orientation
- Gender Identity
- National Origin
The report must also provide statistics for the following categories of arrests or, if an arrest was not made, referrals for campus disciplinary action:
- Liquor Law Violations
- Drug Law Violations
- Illegal Weapons Possession
Who enforces the Jeanne Clery Act and what are the penalties for noncompliance?
The United States Department of Education is charged with enforcing the Clery Act and may level civil penalties against institutions of higher education or may suspend them from participating in federal student financial aid programs. Complaints of violations should be filed with Department of Education regional offices. Fines are significant and are anticipated to increase annually. See 34 CFR 668.84(a)(1) for the current fine amount per violation.