The Clery Act requires colleges and universities to report campus crime data, support victims of violence, and publicly outline the policies and procedures they have put into place to improve campus safety.
The Clery Act is a consumer protection law that aims to provide transparency around campus crime policy and statistics.
In order to comply with Clery Act requirements, colleges and universities must understand what the law entails, where their responsibilities lie, and what they can do to actively foster campus safety.
You can read the full text of the Clery Act at the Federal Register here.
Below, we have compiled nearly 30 years of Clery Act policy into simple requirement categories for institutions of higher education along with resource suggestions for implementation on your campus.
The Clery Act requires colleges and universities that receive federal funding to disseminate a public annual security report (ASR) to employees and students every October 1 st . This ASR must include statistics of campus crime for the preceding 3 calendar years, plus details about efforts taken to improve campus safety.
ASRs must also include policy statements regarding (but not limited to) crime reporting, campus facility security and access, law enforcement authority, incidence of alcohol and drug use, and the prevention of/response to sexual assault, domestic or dating violence, and stalking.
Clery Act crime reporting is not strictly limited to events that occur on campus or within campus buildings and residences. Institutions must include statistics for crime that occur in any of these geographic areas:
Wherever crimes occur, campus police and public safety departments must maintain a daily crime log of all reported crimes that fall within their jurisdiction. This crime log must be made available to the public during daily business hours.
When a crime covered by the Clery Act occurs, campus officials are required to evaluate if there is a serious or ongoing threat to the campus community to determine if a timely warning needs to be issued to all staff and students.
In the event of an immediate, significant danger to the health or safety campus community (e.g. weather, disease outbreak), campus officials may issue an emergency notification. This notification can include the entire campus, or be limited to a specific area deemed to be at risk.
Victims of sexual assault, domestic violence, dating violence, and stalking have specific rights, options, and resources guaranteed to them by the Clery Act.
Institutions are required to provide to students and employees, on an introductory and ongoing basis, prevention and awareness programs on the crimes covered above. These programs must include material on bystander intervention and risk reduction aimed at recognizing the warning signs of these crimes.
Institutions must provide victims of the crimes covered above with a written explanation of their rights. These rights include the option for a relocation/change of housing, transportation, or academic course assignment. They also include access to counseling services, legal services, and law enforcement notification.
All disciplinary proceedings must be conducted by trained parties at the institution — either individuals or panels of trained persons. Proceedings are required to be prompt, fair, and impartial, and must confer certain procedural rights to both the accuser and the accused.
Clery Act Appendix for FSA Handbook: As of October 9, 2020 the Department of Education has rescinded and archived the Handbook for Campus Safety and Security Reporting. While the Handbook may still be utilized as a guide of promising practices for campuses to review for Clery Act implementation, it is no longer regarded by the Department as current guidance that campuses should rely upon. They have instead provided a Clery-related Appendix to the Federal Student Aid Handbook. This Appendix does not have the force and effect of law and is not meant to bind the public. The document is intended only to provide clarity to the public regarding existing requirements under the applicable statutory and regulatory provisions.
2016 Handbook for Campus Safety and Security Reporting: The Handbook was rescinded and archived on October 9, 2020 but, where appropriately applied to prior calendar years, will continue to be referenced in program review reports, final program review determinations, and final audit determinations.
Clery Act Program Review Reports: an online archive of final program review reports, released by the U.S. Department of Education.
Hate Crime Data Collection Guidelines: UCR program guidance on collecting and reporting hate crimes, in keeping with Clery Act requirements.
Uniform Crime Reporting Handbook: crime reporting procedures as outlined by the FBI, for supplementation to Clery Act reporting.
For additional guidance on Clery Act compliance, Clery Center offers extensive training solutions.
