Clery Act

Jeanne CleryThe Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act), 20 USC § 1092(f)​, is a federal campus safety law. It applies to all public and private institutions of higher education across the United States that participate in federal student aid programs. The law has grown from a consumer information law to a comprehensive campus safety law with sweeping ramifications for higher education.

What the Clery Act Does

Institutions are required to make disclosures of crime statistics and summaries of safety and security policies once a year in an Annual Security Report (ASR), and information about specific crimes and emergencies are made publicly available on an ongoing basis throughout the year via a public crime log, timely warnings, and emergency notifications. Institutions are obligated to have specific policies to respond to reports of missing residential students, and to prevent and respond to reports of dating violence, domestic violence, sexual assault, and stalking.

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Jeanne Clery

The Clery Act is named in memory of Jeanne Clery (pictured above) who was raped and murdered in her residence hall room by a fellow student she did not know on April 5, 1986. Her parents, Connie and Howard, championed laws requiring the disclosure of campus crime information, and the federal law that now bears their daughter’s name was first enacted in 1990, originally known as the Crime Awareness and Campus Security Act of 1990.

Legislative History

The Clery Act has been amended regularly over the last three decades to evolve alongside the campus safety landscape.

  • Crime Awareness and Campus Security Act of 1990 (Title II of Public Law 101-542, Enacted 11/08/1990)
    • Original law included crime statistics, timely warning, annual security report.
  • Campus Sexual Assault Victims’ Bill of Rights (Public Law No. 102-325, Enacted 07/23/1992)
    • First substantive amendment, established support for sexual assault victims, prevention education, and disciplinary proceedings.
  • Higher Education Amendments of 1998 (Public Law 105-244, Enacted 10/07/1998)
    • Added additional hate crimes, crime log, and renamed in memory of Jeanne Clery.
  • Higher Education Opportunity Act (Public Law No. 110-315, Enacted 08/14/2008)
    • Added emergency response & evacuation requirements, missing students, and fire safety reporting.
  • Violence Against Women Reauthorization Act of 2013 (Sec. 304 of Public Law 113-4, Enacted 03/07/2013)
    • Significantly expanded the Campus Sexual Assault Victims’ Bill of Rights. Referred to as the VAWA Amendments to the Clery Act.

Compliance

The U.S. Department of Education (ED) is responsible for enforcing the Clery Act. ED’s Clery Act Compliance Division is responsible for providing technical assistance, conducting investigations, and issuing findings of violation. Institutions that violate the Clery Act may face warnings, up to $69,733 per violation fines, the limitation or suspension of federal aid, or the loss of eligibility to participate in federal student aid programs. A Clery Act complaint, involving crime statistics, ongoing disclosures, or any other covered campus security policy matter, may be filed with [email protected].

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