Jim Moore | July 2014 SKC Student Services Conference Compliance with the Clery Act: Campus Crime, Fire Safety, and VAWA and An Introduction to the Drug-Free Schools and Communities Act: Practical Advice for Higher Education Officials

Disclaimer This presentation provides general information about the Clery Act and the Drug-Free Schools and Communities Act and 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 must not be used for any other purpose. Actual compliance determinations must be made after a careful analysis of specific facts on a case-by-case basis.

Agenda Background Clery Act Basics Clery Act Basics Violence Against Women Reauthorization Act (VAWA) – “10 Things That You Need To Know About VAWA” Violence Against Women Reauthorization Act (VAWA) – “10 Things That You Need To Know About VAWA” Drug-Free Schools and Communities Act Drug-Free Schools and Communities Act (Quick) Note on Related Issues: FERPA; Title IX (Quick) Note on Related Issues: FERPA; Title IX Clery/Part 86 Program Review Overview Clery/Part 86 Program Review Overview Resources – Resource Sheet Resources – Resource Sheet Questions Questions 3

Background Campus safety requirements in the HEA The Crime Awareness and Campus Security Act of 1990 The Crime Awareness and Campus Security Act of Amendments first added policies on sex offenses 1992 Amendments first added policies on sex offenses 1998 Amendments expanded the requirements and renamed the law - Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) 1998 Amendments expanded the requirements and renamed the law - Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) HEOA in 2008 again expanded the requirements HEOA in 2008 again expanded the requirements “Campus SaVE” provisions of the Violence Against Women Act (VAWA) will be added in October 2014 “Campus SaVE” provisions of the Violence Against Women Act (VAWA) will be added in October 2014 Legislation: 20 USC § 1092(f) Legislation: 20 USC § 1092(f) Regulations: 34 C.F.R. §§ , , , and Regulations: 34 C.F.R. §§ , , , and

Background Federal Student Aid (FSA) monitors & enforces the Clery Act & conducts campus crime program reviews Possible consequences of review findings: Possible consequences of review findings: Fines - up to $35,000 per offense (recently increased) Fines - up to $35,000 per offense (recently increased) Limitation, suspension, or termination of the eligibility for student financial aid programs; denial of recertification or revocation of a provisional Program Participation Agreement (PPA) Limitation, suspension, or termination of the eligibility for student financial aid programs; denial of recertification or revocation of a provisional Program Participation Agreement (PPA) Special Note: The Secretary “shall impose” a civil penalty for any Clery Act violation that rises to the level of a “significant misrepresentation.” 5

Clery Basics The Clery Act requires all schools to: Collect, classify, and count crime reports and crime statistics Collect, classify, and count crime reports and crime statistics Publish and actively distribute an annual security report that contains all statistical and policy disclosures – must be a single, comprehensive report Publish and actively distribute an annual security report that contains all statistical and policy disclosures – must be a single, comprehensive report Submit crime statistics to ED Submit crime statistics to ED Issue Timely Warnings and Emergency Notifications Issue Timely Warnings and Emergency Notifications 6

Clery Basics Requirement: Collect, classify, and count crime reports and crime statistics Currently includes three broad categories of crime (VAWA added a 4 th ) Currently includes three broad categories of crime (VAWA added a 4 th ) 7

Clery Basics Requirement: Collect, classify, and count crime reports and crime statistics Schools disclose reported offenses, regardless of whether someone is found guilty Schools disclose reported offenses, regardless of whether someone is found guilty “Reported” = brought to the attention of a campus security authority or local law enforcement personnel “Reported” = brought to the attention of a campus security authority or local law enforcement personnel Crimes may be reported anonymously or not, but PII must not be included in your crime statistics Crimes may be reported anonymously or not, but PII must not be included in your crime statistics Count both attempted and completed crimes Count both attempted and completed crimes Make a reasonable, good faith effort to obtain Clery crime statistics from local law enforcement agencies with jurisdiction over all parts of your Clery geography Make a reasonable, good faith effort to obtain Clery crime statistics from local law enforcement agencies with jurisdiction over all parts of your Clery geography 8

Clery Basics Requirement: Collect, classify, and count crime reports and crime statistics Hate crimes are motivated by the offender’s category of bias Hate crimes are motivated by the offender’s category of bias **To be added to the regs (per the Matthew Shephard Act, 2009) **To be added to the regs (per the Matthew Shephard Act, 2009) Arrests and referrals for disciplinary action are based on violations of weapons, drug, and liquor laws, not of institution policies Arrests and referrals for disciplinary action are based on violations of weapons, drug, and liquor laws, not of institution policies 9 RaceRace GenderGender ReligionReligion Sexual orientationSexual orientation Ethnicity/national originEthnicity/national origin DisabilityDisability Perceived gender**Perceived gender** Gender identity**Gender identity**

Clery Basics Requirement: Publish and distribute an ASR Must publish the annual security report by October 1 each year Must publish the annual security report by October 1 each year Report must be contained within a single document Report must be contained within a single document Report must include: Report must include: 3 calendar year’s of campus crime statistics 3 calendar year’s of campus crime statistics All required current campus safety and security policies and procedures All required current campus safety and security policies and procedures 10

Clery Basics Requirement: Publish and distribute annual security report Must distribute the annual security report to all enrolled students and current employees Must distribute the annual security report to all enrolled students and current employees Directly by mail, hand delivery, or or Directly by mail, hand delivery, or or By posting on an Internet or intranet site that is reasonably accessible to current students and employees* By posting on an Internet or intranet site that is reasonably accessible to current students and employees* *If you post the annual security report online, you must distribute a notice by October 1 with statement of report’s availability, exact URL, a description of contents, and statement that paper copy is available upon request *If you post the annual security report online, you must distribute a notice by October 1 with statement of report’s availability, exact URL, a description of contents, and statement that paper copy is available upon request 11

Clery Basics Requirement: Publish and distribute annual security report Must actively notify prospective students and employees about the availability of the ASR. The notice must include a description of the report’s contents and explain how to obtain a paper copy Must actively notify prospective students and employees about the availability of the ASR. The notice must include a description of the report’s contents and explain how to obtain a paper copy Must provide a copy of the ASR upon request Must provide a copy of the ASR upon request If posted on an internet site, notice must also include exact URL where ASR is posted If posted on an internet site, notice must also include exact URL where ASR is posted For prospective students and employees, information may not be posted on an intranet site For prospective students and employees, information may not be posted on an intranet site 12

Clery Basics Requirement: Submit crime statistics to ED Institutions report campus crime statistics for the 3 most- recent calendar years Institutions report campus crime statistics for the 3 most- recent calendar years Must match the statistical disclosures that were published in the annual security report Must match the statistical disclosures that were published in the annual security report Deadline for completing the web-based data collection is specified by the Secretary each year – typically mid-October Deadline for completing the web-based data collection is specified by the Secretary each year – typically mid-October Collected data are posted on OPE’s Data Analysis Cutting Tool (linked to College Navigator) for public use Collected data are posted on OPE’s Data Analysis Cutting Tool (linked to College Navigator) for public use 13

Clery Basics Additional requirements: Institutions with campus police or security departments must additionally maintain a daily crime log Institutions with campus police or security departments must additionally maintain a daily crime log Institutions with on-campus student housing facilities must additionally: Institutions with on-campus student housing facilities must additionally: Disclose missing student notification procedures that pertain to students residing in those facilities Disclose missing student notification procedures that pertain to students residing in those facilities Comply with fire safety requirements Comply with fire safety requirements 14

Clery Basics Requirement: Daily Crime Log Log is a daily record of criminal and alleged criminal incidents reported to the campus police or security department Log is a daily record of criminal and alleged criminal incidents reported to the campus police or security department All crimes on Clery geography or within patrol jurisdiction of the campus police/security department All crimes on Clery geography or within patrol jurisdiction of the campus police/security department Not just Clery Act crimes Not just Clery Act crimes Records nature, date the crime was reported, time, date, general location, and disposition (if known) of each crime Records nature, date the crime was reported, time, date, general location, and disposition (if known) of each crime 15

Clery Basics Requirement: Daily Crime Log Log must be available Log must be available Must be accessible on-site (written or electronic) Must be accessible on-site (written or electronic) Available upon request for public inspection during business hours (most recent 60 days available immediately; older records available within 2 business days) Available upon request for public inspection during business hours (most recent 60 days available immediately; older records available within 2 business days) Must be available without payment or written request Must be available without payment or written request Log must be maintained Log must be maintained Must make additions or updates to an entry within two business days Must make additions or updates to an entry within two business days Update disposition up to 60 days from when crime was entered in the log Update disposition up to 60 days from when crime was entered in the log Schools must archive log for seven years Schools must archive log for seven years 16

Clery Basics Requirement: Fire Safety Policies and Statistics 3 primary compliance areas: 3 primary compliance areas: Annual fire safety report Annual fire safety report Submit fire statistics to ED Submit fire statistics to ED Fire log Fire log 17

Clery Basics Requirement: Publish an annual fire safety report Must publish annual fire safety report by October 1 each year Must publish annual fire safety report by October 1 each year Report must include: Report must include: Fire statistics Fire statistics Current fire safety policies and procedures Current fire safety policies and procedures must be a single, comprehensive report must be a single, comprehensive report Annual fire safety report and annual security report Annual fire safety report and annual security report May be published separately or together May be published separately or together If published separately, specify how to access the other report in each one If published separately, specify how to access the other report in each one 18

Clery Basics Requirement: Submit fire statistics to ED Must annually submit 3 years’ worth of statistics to the Department Must annually submit 3 years’ worth of statistics to the Department Collected in the same web-based collection tool as the campus crime statistics Collected in the same web-based collection tool as the campus crime statistics Includes statistics for each on-campus student housing facility – if questions arise about ownership or whether a housing unit is actually on- campus, please consult with the Clery Division – Includes statistics for each on-campus student housing facility – if questions arise about ownership or whether a housing unit is actually on- campus, please consult with the Clery Division – Statistics include: Statistics include: Number and cause of each fire Number and cause of each fire Number of persons with injuries related to a fire that resulted in treatment at a medical facility Number of persons with injuries related to a fire that resulted in treatment at a medical facility Number of deaths related to a fire Number of deaths related to a fire Value of property damage Value of property damage 19

Clery Basics Requirement: Fire log Fire log is a record of any fire that occurs in an on-campus student housing facility Fire log is a record of any fire that occurs in an on-campus student housing facility Records nature, date the crime was reported, time, date, nature, and general location of each fire Records nature, date the crime was reported, time, date, nature, and general location of each fire Must be written and easily understood Must be written and easily understood Annual report to the campus community on fires recorded in the log Annual report to the campus community on fires recorded in the log 20

Clery Basics Requirement: Fire log Log must be available Log must be available Must be accessible on-site (written or electronic) Must be accessible on-site (written or electronic) Available upon request for public inspection during business hours (most recent 60 days available immediately; older records available within 2 business days) Available upon request for public inspection during business hours (most recent 60 days available immediately; older records available within 2 business days) Must be available without payment or written request Must be available without payment or written request Log must be maintained Log must be maintained Must make additions or updates to an entry within two business days Must make additions or updates to an entry within two business days Update disposition up to 60 days from when crime was entered in the log Update disposition up to 60 days from when crime was entered in the log Schools must archive log for seven years Schools must archive log for seven years The fire log may be combined with the daily crime log The fire log may be combined with the daily crime log Label it well so users know it is both a crime and fire log Label it well so users know it is both a crime and fire log Ensure that it contains the required elements for both logs Ensure that it contains the required elements for both logs 21

VAWA Violence Against Women Reauthorization Act of 2013 (VAWA)(Pub. Law 113-4) Enacted March 7 th, 2013 Enacted March 7 th, 2013 Amended the Clery Act Amended the Clery Act Requires expanded reporting for incidents of sexual assault, dating violence, domestic violence, and stalking institutions that are reported to campus security authorities or local police agencies Requires expanded reporting for incidents of sexual assault, dating violence, domestic violence, and stalking institutions that are reported to campus security authorities or local police agencies Requires institutions to include certain policies procedures, and information about certain training programs in the ASR Requires institutions to include certain policies procedures, and information about certain training programs in the ASR 22

VAWA New Programmatic and Training Requirements include: Awareness Awareness Primary Prevention Primary Prevention Bystander Intervention Bystander Intervention Specialized Training for Adjudication Officials Specialized Training for Adjudication Officials Regulatory changes affect ASRs and crime statistics reported to ED beginning Fall 2014 Until final regulations are issued, institutions must make a good faith effort to comply with the statute 23

VAWA Implementation Timeline Early 2014 – Negotiated Rulemaking Committee meetings Early 2014 – Negotiated Rulemaking Committee meetings January – First round of negotiations January – First round of negotiations February – Second round of negotiations February – Second round of negotiations March 31–April 1 – Third round of negotiations – Consensus Reached!!! March 31–April 1 – Third round of negotiations – Consensus Reached!!! October 2014 – Institutions complete annual security reports and report to ED using good faith effort October 2014 – Institutions complete annual security reports and report to ED using good faith effort With the Master Calendar in mind, The GOAL for publishing final regulations is November 1, 2014 July 2015 – Final regulations become effective July 2015 – Final regulations become effective October 2015 – Institutions complete annual security reports and report statistics to ED under final regulations October 2015 – Institutions complete annual security reports and report statistics to ED under final regulations 24

Drug-Free Schools & Communities Act Implemented by 34 CFR Part 86 Requires institutions to certify that they have developed and implemented a drug and alcohol abuse education and prevention program (DAAPP) – completed through the PPA Requires institutions to certify that they have developed and implemented a drug and alcohol abuse education and prevention program (DAAPP) – completed through the PPA The program must be designed to prevent the unlawful possession, use, and distribution of drugs and alcohol on campus and at recognized events and activities The program must be designed to prevent the unlawful possession, use, and distribution of drugs and alcohol on campus and at recognized events and activities As part of the program, institutions must distribute certain information to students and employees annually As part of the program, institutions must distribute certain information to students and employees annually Institutions must do a biennial review of the program Institutions must do a biennial review of the program 25

Drug-Free Schools & Communities Act Annual disclosure Must share information with current students and employees Must share information with current students and employees 34 CFR § outlines the information that must be included: 34 CFR § outlines the information that must be included: Standards of conduct prohibiting the possession, use, and distribution of drugs and alcohol Standards of conduct prohibiting the possession, use, and distribution of drugs and alcohol Possible sanctions for violations of Federal, state, and local drug and alcohol laws as well as sanctions for violation of institutional policies Possible sanctions for violations of Federal, state, and local drug and alcohol laws as well as sanctions for violation of institutional policies Health risks associated with the use of drugs and alcohol Health risks associated with the use of drugs and alcohol Information on counseling, rehabilitation, and treatment programs Information on counseling, rehabilitation, and treatment programs A clear statement that the school will impose sanctions on students and employees who violate drug and alcohol laws, ordinances, and/or institutional policies A clear statement that the school will impose sanctions on students and employees who violate drug and alcohol laws, ordinances, and/or institutional policies 26

Drug-Free Schools & Communities Act Biennial Review Objectives are: Objectives are: To determine the effectiveness of your drug and alcohol abuse prevention program To determine the effectiveness of your drug and alcohol abuse prevention program To ensure consistent enforcement of applicable laws, ordinances, and institutional policies against violators To ensure consistent enforcement of applicable laws, ordinances, and institutional policies against violators The biennial review report and supporting documents must be maintained by the school and made available to the Department upon request The biennial review report and supporting documents must be maintained by the school and made available to the Department upon request Special Note* The DFSCA requirements are stackable/cumulative i.e. if an institution fails to develop and implement a substantive DAAPP, the institution CANNOT comply with the other requirements 27

How You Can Help! Make sure that your school has an ASR Is it accurate and complete? Is it accurate and complete? Was it distributed properly? Was it distributed properly? Review your school’s campus security policies Do the policies pass the “smell test?” Do the policies pass the “smell test?” Use what you know about ED’s standards for policy development Use what you know about ED’s standards for policy development Take a look at your school’s crime log Does your school have one? Does your school have one? Is it accessible to the public? Is it accessible to the public?

Best Practices Appoint and empower a Clery Act Compliance Officer Appoint and empower a Clery Act Compliance Officer Develop an understanding of “Clery Geography” Develop an understanding of “Clery Geography” Identify and train “Campus Security Authorities” Identify and train “Campus Security Authorities” Specifically inform students and employees about how to report crimes and emergencies Specifically inform students and employees about how to report crimes and emergencies Check crime statistics for similar schools using the “Campus Safety and Security Data Analysis Cutting Tool” Check crime statistics for similar schools using the “Campus Safety and Security Data Analysis Cutting Tool”

QUESTIONS? 30 Jim Moore Clery Act Compliance Division Keith Ninemire Clery Act Compliance Division