1. TASFAA 2017 Clery Act Compliance

2. TASFAA 2017 Education Is Key
Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act
Enacted in 1990 in response to the rape and murder of Lehigh University student Jeanne Clery in her dorm room in 1986
Requires any college or university receiving federal funds (which includes federal student loans) to track and report on certain crimes
Due each year to the Department of Education by October 15
Information must be made available to current students, faculty and staff, as well as potential students, faculty and staff
Includes Annual Security Report, Crime Logs, Timely Warnings and Emergency Notifications
Four categories of reportable crimes- hierarchy crimes, hate crimes, VAWA crimes, and arrests and referrals for disciplinary action
TASFAA 2017
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3. Clery Act Reportable Crimes Hierarchy Crimes
Criminal Homicide- Murder, Negligent Manslaughter and Non-Negligent Manslaughter
Sexual Assault- Rape, Fondling, Incest and Statutory Rape
Robbery
Aggravated Assault
Burglary
Motor Vehicle Theft
Arson
Only the highest crime committed will be reported.
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4. Clery Act Reportable Crimes
Hate Crimes
All hierarchy crimes
Larceny-Theft
Simple Assault
Intimidation
Destruction/Damage/Vandalism of Property
To be classified as a hate crime, there must be evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim on the basis of eight categories
Race
Gender
National Origin
Religion
Gender Identity
Disability
Sexual Orientation
Ethnicity
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5. Clery Act Reportable Crimes
VAWA Crimes
Domestic Violence
Dating Violence
Stalking
Must have at least two incidences (course of conduct)
Not all incidences must have occurred on campus
Based on state laws, not federal laws
Reported in addition to the highest hierarchy crime committed
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6. TASFAA 2017 Education Is Key Clery Act Reportable Crimes
Arrests and Referrals for Disciplinary Action
Applies to law violations of state alcohol, drug and weapons laws
Alcohol violations only include underage drinking and the illegal manufacture of alcohol
These crimes are only included in the statistics if an arrest or referral is made
If it occurs in addition to a Clery hierarchy crime, both will be reported
TASFAA 2017
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7. TASFAA 2017 Education Is Key Clery Act Geography
Clery crimes are only reportable if they are committed at one of the following locations:
On Campus
Determined by the physical boundaries of your main campus
Student Residence
Student residence statistics are a subset of the “on campus” category
All crimes reported under “student residence” must also be reported under “on campus”
Non-Campus Property
Property owned or controlled by the university that is not “reasonably contiguous” to the main campus
Public Property
The border around your campus (or any public roads that run through your campus), to include the sidewalk closest to your campus, the road itself and the sidewalk on the opposite side of the street
TASFAA 2017
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8. TASFAA 2017 Education Is Key Crime Log and Media Log
Clery Act requires all universities with a police force or a contracted security department to keep a crime log
Crimes must be added to log within two business days of receiving the report
Includes all Clery crimes, plus all other crimes with the exception of minor traffic violations
Log must be updated if the status of a case changes within 60 days; after that you are no longer required to provide updates
Includes more area than the Clery geography; must be the “patrol area” of your police or security department
Should include reports made to local authorities (city police or sheriff’s department) that occurred in your patrol area
Tennessee requires all universities keep a “media log,” which includes all crimes reported to your department and the name, charges, and other identifying information of persons arrested on campus.
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9. Crime Log
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10. Emergency Notifications and Timely Warnings
The Clery Act requires universities to warn the campus community of reported crimes that constitute an ongoing or continuing threat to the campus community.
The crime must occur within the institution’s Clery geography
Must be a Clery Act crime
The entire community must be notified
Emergency Notifications
Universities are also required to alert the campus community of incidents that pose an imminent threat to members of the campus community.
The incident/emergency is not bound by Clery geography
Not limited to Clery Act Crimes (i.e., weather emergencies, chemical/biohazard emergencies)
The notification may be segmented to only include the population impacted by the emergency
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11. Annual Security Report
Must be sent out by October 1 each year
Must be available to all current students, faculty and staff as well as prospective students, faculty and staff
Typically this means having an electronic version and a printed version
MTSU sends an to the specified population on October 1 each year with a link to the online version and instructions on how to receive a printed copy
Includes all crime statistics reported to the Department of Education
Includes policy statements as required by the Clery Act
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12. Fire Log and Fire Statistics
Only applicable to student residences
Required to log any fire that occurs “in a place not intended to contain the burning or in an uncontrolled manner”
Must also present year-end statistics in an annual Fire Safety Report, which includes
Residence Hall name and address
The number of fires
The cause of each fire
The number of persons treated for fire-related injuries
The number of deaths caused by the fire
The value of property damage
This may be a part of the Annual Security Report, or it may be a separate report
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13. TASFAA 2017 Education Is Key Fines $35,000 per violation
Fines Assessed:
Penn State- $2.4 million, 2016
Lincoln University- $275,000, 2013
Eastern Michigan University- $350,000, 2008
Virginia Tech- $32,500, 2013
Miami University- $27,500, 2005
Washington State University- $82,500, 2011
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14. I handle financial aid and no one reports crimes to me!
Question
I handle financial aid and no one reports crimes to me!
Why Should I Care?
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15. TASFAA 2017 Education Is Key Answer
If your university is found to be in violation of the Clery Act, in addition to the fine assessed for each violation, federal funding may be pulled from your university
This includes federally-backed student loans!
TASFAA 2017
Education Is Key