1. Jim Moore and Keith Ninemire | July 27. 2015 U.S. Department of Education Salish Kootenai College Student Affairs - Financial Aid Training Conference 2015 The Clery Act, VAWA, and More

2. Disclaimer “This presentation provides general information about the Clery Act. It 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. Comments made during this presentation are for instructional and illustrative purposes only and are not intended for attribution or publication.” 2

3. Agenda Compliance with the Clery Act: Campus Crime, Fire Safety, and VAWA: Practical Advice for Higher Education Professionals Thank You!!! Thank You!!! Background/History of the Clery Act Background/History of the Clery Act Monitoring and Enforcement Monitoring and Enforcement Clery Act Basics Clery Act Basics Violence Against Women Reauthorization Act of 2013 (VAWA) Violence Against Women Reauthorization Act of 2013 (VAWA) “ (At least) 10 Things That You Need To Know About VAWA” A (Quick) Note on the “Intersection of Clery/VAWA, Title IX, and FERPA” A (Quick) Note on the “Intersection of Clery/VAWA, Title IX, and FERPA” FSA/OCR Collaboration FSA/OCR Collaboration Best Practices Best Practices Drug-Free Schools and Communities Act Drug-Free Schools and Communities Act Questions Questions 3

4. Background/History of the Clery Act Campus safety and crime prevention requirements in the HEA starts with the Crime Awareness and Campus Security Act of 1990 1992 - Expanded sexual assault policy requirements 1992 - Expanded sexual assault policy requirements 1998 - Expanded reporting requirements and renamed the law in memory of Jeanne Clery (Crime Log; Expanded geographical scope) 1998 - Expanded reporting requirements and renamed the law in memory of Jeanne Clery (Crime Log; Expanded geographical scope) 2000 - Victims of Trafficking Act (Sex offender registry) 2000 - Victims of Trafficking Act (Sex offender registry) 2008 – HEOA (Emergency notification and response; Fire safety) 2008 – HEOA (Emergency notification and response; Fire safety) 2013 - Section 304 of VAWA amends the Clery Act 2013 - Section 304 of VAWA amends the Clery Act What’s on the horizon… What’s on the horizon… College Accountability and Safety Act (CASA)? College Accountability and Safety Act (CASA)? Hold Accountable and Lend Transparency Act (HALT)? Hold Accountable and Lend Transparency Act (HALT)? 4

5. Monitoring and Enforcement Federal Student Aid monitors & enforces the Clery Act: Program Reviews - Three Types Program Reviews - Three Types Complaint Assessments Complaint Assessments Media Assessments Media Assessments Possible consequences of review findings: Fines - up to $35,000 per offense (CASA Proposal) Fines - up to $35,000 per offense (CASA Proposal) Limitation, suspension, or termination of the eligibility for student financial aid programs; denial of recertification or revocation of a provisional Program Participation Agreement Limitation, suspension, or termination of the eligibility for student financial aid programs; denial of recertification or revocation of a provisional Program Participation Agreement Special Note: The Secretary “shall impose” a civil penalty for any Clery Act violation that rises to the level of a “significant misrepresentation.” 5

6. Do It For Jeanne…Your Students…Your Friends…Your School 6

7. Clery Basics – Getting It Right! Theme #1: Moving From Compliance To Excellence! Theme #2: Focus on campus safety & crime prevention Theme #3: Protect the “Brand” and Risk Management Student Activism Student Activism Media Attention Media Attention Better Awareness Better Awareness Shifting Incentives Shifting Incentives Financial/Existential Pressures Financial/Existential Pressures 7

8. Clery Basics The Clery Act campus safety and crime prevention provisions require all* schools to: Classify crime reports and compile and disclose crime statistics Classify crime reports and compile and disclose crime statistics Publish and actively distribute an annual security report (ASR) that contains all required statistical and policy disclosures (50+) Publish and actively distribute an annual security report (ASR) that contains all required statistical and policy disclosures (50+) Submit crime statistics to ED Submit crime statistics to ED Issue timely warnings and emergency notifications Issue timely warnings and emergency notifications Police/Security: Daily Crime Log Police/Security: Daily Crime Log Housing: Missing Persons Notification & Fire Safety Housing: Missing Persons Notification & Fire Safety 8

9. Clery Basics - ASR Publish and distribute an ASR Must distribute an accurate and complete report to all enrolled students and current employees Must distribute an accurate and complete report to all enrolled students and current employees Directly by mail, hand delivery, or email or Directly by mail, hand delivery, or email 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 st 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 st with statement of report’s availability, exact URL, a description of contents, and statement that paper copy is available upon request 9

10. Clery Basics - ASR Publish and distribute an ASR 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 10

11. Clery Basics - Reportable Offenses Criminal Offenses Arrests/Disciplinary Referrals Hate Crimes VAWA Murder/Non-Negligent Manslaughter Drug Law Violations Simple Assault Dating Violence Rape Liquor Law Violations Intimidation Domestic Violence Fondling Weapons Possession Violations Larceny/Theft Stalking (including Cyber-Stalking) Statutory Rape Vandalism/Destruction of Property Incest Robbery Aggravated Assault Burglary Motor Vehicle Theft Arson 11

12. Clery Basics – Hate Crimes Classify crime reports and disclose crime statistics Hate crimes are motivated by the offender’s category of bias Hate crimes are motivated by the offender’s category of bias **Added to the Clery Act by the Matthew Shephard Act, 2009) **Added to the Clery Act by 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 12 RaceRace GenderGender ReligionReligion Sexual orientationSexual orientation Ethnicity/national originEthnicity/national origin DisabilityDisability Perceived gender**Perceived gender** Gender identity**Gender identity**

13. Clery Basics - Crime Statistics Classify crime reports and disclose crime statistics Schools disclose reported offenses, regardless of whether or not the alleged perpetrator is found guilty Schools disclose reported offenses, regardless of whether or not the alleged perpetrator is found guilty “Reported” = brought to the attention of a campus security authority or local law enforcement personnel. A report cannot be “unreported” but can be “unfounded” by law enforcement if certain conditions are met. Count both attempted and completed crimes Count both attempted and completed crimes Make a reasonable, good faith effort to obtain crime statistics from local law enforcement agencies Make a reasonable, good faith effort to obtain crime statistics from local law enforcement agencies Hierarchy and exceptions (Criminal Homicide & Arson) Hierarchy and exceptions (Criminal Homicide & Arson) Crimes may be reported anonymously per institutional policy – never include PII in the ASR and/or crime statistics Crimes may be reported anonymously per institutional policy – never include PII in the ASR and/or crime statistics 13

14. Clery Basics - “Clery Geography” Clery Geography Defined: 1. Campus I: any building or property owned or controlled by an institution within the same reasonably contiguous geographic area and is used by the institution in direct support of, or in a manner related to, its educational purposes, incl. Residence halls 2. Campus II: any building or property that is within or reasonably contiguous to the area identified above that is owned by the institution but is controlled by another person, is frequently used by students, and supports institutional purposes (such as food or other retail vendor) 14

15. Clery Basics - “Clery Geography” 3. Non-campus building or property: (1) Any building or property owned or controlled by a student organization that is officially recognized by the institution; or (2) any building or property (other than a separate campus) owned or controlled by an institution that is used in direct support of, or in relation to, the institution’s educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area 4. Public Property: All public property including thoroughfares, streets, sidewalks, and parking facilities, that is within the campus, or immediately adjacent to or accessible from the campus 15

16. Clery Basics - Campus Security Authority Members of a campus law enforcement or public safety entity Members of a campus law enforcement or public safety entity Any individual who has responsibility for campus safety but is not part of a campus law enforcement or public safety department or presence (hall monitors; parking attendants) Any individual who has responsibility for campus safety but is not part of a campus law enforcement or public safety department or presence (hall monitors; parking attendants) Any official of an institution who has significant responsibility for student and campus activities, but does not have significant counseling responsibilities Any official of an institution who has significant responsibility for student and campus activities, but does not have significant counseling responsibilities Actual professional & pastoral counselors are exempt Actual professional & pastoral counselors are exempt Note: Special considerations for institutions specializing in counseling or affiliated with churches/religious orders Note: Special considerations for institutions specializing in counseling or affiliated with churches/religious orders 16

17. Clery Basics – ED Annual Survey 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 17

18. Warning: This is NOT an ASR! 18

19. Clery Basics - Safety Alerts Issue Timely Warnings and Emergency Notifications Institutions must issue campus safety alerts to provide students and employees with timely information about ongoing threats due to crime or other dangerous conditions Institutions must issue campus safety alerts to provide students and employees with timely information about ongoing threats due to crime or other dangerous conditions Two kinds of alerts: Timely warnings are issued for Clery-reportable crimes that may pose a serious ongoing threat (Clery Geography) Timely warnings are issued for Clery-reportable crimes that may pose a serious ongoing threat (Clery Geography) Emergency notifications are issued upon the confirmation of a significant emergency or dangerous situation that may pose an immediate threat to health or safety (Campus Only) Emergency notifications are issued upon the confirmation of a significant emergency or dangerous situation that may pose an immediate threat to health or safety (Campus Only) 19

20. Clery Basics - Special Considerations Additional requirements: Institutions with a campus police or security presence** must additionally maintain a daily crime log Institutions with a campus police or security presence** 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: Develop and implement missing student notification procedures that pertain to students residing in those facilities and include them in the ASR Develop and implement missing student notification procedures that pertain to students residing in those facilities and include them in the ASR Comply with fire safety requirements Comply with fire safety requirements 20

21. Clery Basics – Crime Log Daily Crime Log Log is a daily record of criminal and alleged criminal incidents reported to the campus police or security personnel Log is a daily record of criminal and alleged criminal incidents reported to the campus police or security personnel 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 21

22. Clery Basics – Crime Log 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 (record-retention requirement) Schools must archive log for seven years (record-retention requirement) 22

23. Clery Basics - Missing Students Missing Student Notification Include a statement in the ASR that addresses missing student notification procedures that will apply when a it is determined that a student that resides in on-campus student housing has been missing for 24 hours Include a statement in the ASR that addresses missing student notification procedures that will apply when a it is determined that a student that resides in on-campus student housing has been missing for 24 hours Students must be given the opportunity to register a confidential contact with the institution Students must be given the opportunity to register a confidential contact with the institution –Confidential information for this purpose must be kept separate from general emergency contact information –Only authorized officials may have access to the information –Such information may only be disclosed to law enforcement in furtherance of a missing person investigation 23

24. Clery Basics - Fire Safety 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 24

25. Clery Basics - Fire Safety Publish an Annual Fire Safety Report (AFSR) Must publish and actively distribute AFSR by October 1 st Must publish and actively distribute AFSR by October 1 st 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 25

26. Clery Basics - Fire Safety Submit fire statistics to ED Must submit fire statistics for three most-recent calendar years Must submit fire statistics for three most-recent calendar years Collected via the same web-based collection tool as the campus crime statistics Collected via 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 on-campus, please consult with the Clery Team - clery@ed.gov or the Help Desk Includes statistics for each on-campus student housing facility – if questions arise about ownership or whether a housing unit is on-campus, please consult with the Clery Team - clery@ed.gov or the Help Deskclery@ed.gov 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 26

27. Clery Basics – Fire Safety 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 27

28. Clery Basics – Fire Safety 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 28

29. Violence Against Women Reauthorization Act of 2013 Enacted March 7 th, 2013; Final Rule issued on October 20, 2014 Enacted March 7 th, 2013; Final Rule issued on October 20, 2014 http://ifap.ed.gov/eannouncements/102014ViolenceAgainstWomenAct.html http://ifap.ed.gov/eannouncements/102014ViolenceAgainstWomenAct.html Requires expanded reporting for incidents of sexual assault, dating violence, domestic violence, and stalking (including cyber-stalking) and clarifies the limitations on “unfounding” a reported offense Requires expanded reporting for incidents of sexual assault, dating violence, domestic violence, and stalking (including cyber-stalking) and clarifies the limitations on “unfounding” a reported offense Requires that the ASR include additional information about policies, procedures, and training programs aimed at sexual assault prevention and response Requires that the ASR include additional information about policies, procedures, and training programs aimed at sexual assault prevention and response Expands accommodations and protective measures requirements Expands accommodations and protective measures requirements 29

30. Violence Against Women Reauthorization Act of 2013 New Programmatic and Training Requirements include: Awareness Campaigns – Ongoing Requirement Awareness Campaigns – Ongoing Requirement Primary Prevention Primary Prevention Risk Reduction Risk Reduction Bystander Intervention Bystander Intervention Per Master Calendar, final regulations went into effect July 1, 2015 Institutions were already obligated to make a documented, good faith effort to comply with the statutory requirements – 2014 ASR Intersection of Clery Act & Title IX: Strict compliance with Clery Act/VAWA will NEVER cause a direct violation of FERPA and/or Title IX: https://www.notalone.gov/assets/ferpa-clerychart.pdf https://www.notalone.gov/assets/ferpa-clerychart.pdf 30

31. Program Reviews – What to Expect Written Notification - Fieldwork - PRR – Response - FPRD “How do you know what you think you know?” Document! Document!! Document!!! Document requests (not a negotiation) Document requests (not a negotiation) Police/Public safety incident reports + arrest records Police/Public safety incident reports + arrest records Student and employee conduct records…advocacy, athletics, Greeks, housing Student and employee conduct records…advocacy, athletics, Greeks, housing What about FERPA? What about FERPA? Interviews Interviews Institutional officials - Students - Law enforcement - social service agencies Institutional officials - Students - Law enforcement - social service agencies Emphasis on full disclosure and timely production Emphasis on full disclosure and timely production Role of advisors, consultants, and attorneys Role of advisors, consultants, and attorneys Opportunity to demonstrate administrative capability Opportunity to demonstrate administrative capability Separate from other reviews or investigations (ED OCR; Justice) Separate from other reviews or investigations (ED OCR; Justice) 31

32. FSA/Clery-OCR Collaboration Principles for Cooperation  Increased collaboration during the last year!  Gives structure to existing partnerships  Complaint intake, referral, and resolution  Enforcement cases  Better communication  Joint interviews  Information sharing  Better experience and fewer obstacles for students/complainants  Improved efficiency/stewardship of limited resources  Creating learning opportunities for schools and ED staff  Integrated technical assistance  Build & leverage mutual understanding of unique roles and mission  Protection of confidentiality and privacy rights 32

33. Best Practices Appoint and empower a Clery Act/Part 86 Compliance Officer Appoint and empower a Clery Act/Part 86 Compliance Officer Get Value from the People and Firms that You Hire! Get Value from the People and Firms that You Hire! Internal staff/Outside professionals/Software vendors/Associations Internal staff/Outside professionals/Software vendors/Associations 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 Specifically inform students and employees about how to report Develop a VAWA Implementation/Integration Plan Develop a VAWA Implementation/Integration Plan 33

34. Drug-Free Schools & Communities Act Implemented by 34 CFR Part 86 (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 34

35. 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 § 86.100 outlines the information that must be included: 34 CFR § 86.100 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 35

36. 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 36

37. QUESTIONS? 37 Jim Moore Clery Act Compliance Team james.moore@ed.gov Keith Ninemire Clery Act Compliance Team keith.ninemire@ed.gov General Inquiry Mailbox clery@ed.gov