The Clery Act This material was produced under

The Clery Act. This material was produced under grant number SH-17035 -08 -60 -F- 11 from the Occupational Safety and Health Administration, U. S. Department of Labor. These materials do not necessarily reflect views or policies of the U. S. Department of Labor, nor does mention of any trade names, commercial products, or organizations imply endorsement by the U. S. Government.

Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act • Requires crime information disclosure • Tied to financial aid programs • Enforced by the U. S. DOE • Named in memory of Jeanne Clery

Clery Act Reporting • Publish annual report with 3 years of statistics – Current students and employees receive automatically – Prospective students and employees are entitled to information – General public has access to public crime log

Clery Act: Knowing What to Disclose • Three general categories of crime • Crime statistics based statistics: on four factors: – Where the crime occurred – The type of crime – To whom the crime was reported – Where the crime was reported • Types of offenses: criminal homicide, sex offenses, robbery, aggravated, assault, burglary, motor vehicle theft, and arson. • Hate crimes • Arrests and referrals for disciplinary action

“Timely” Warnings • Must make “timely” warnings to campus community about threats • No current mandate for the format of the warning or definition of “timely”

The College Opportunity and Affordability Act of 2007 • Requires the DOE to develop and maintain a disaster plan • Creates a National Center for Campus Safety at the Department of Justice • Establishes a disaster relief loan program

“Virginia Tech Victims Campus Emergency Response Policy and Notification Act” • Proposal to Amend Clery Act – – Provides that warnings be issued 30 minutes after the confirmation of a significant emergency – Mandates annual emergency response and evacuation tests.

The Family Educational Rights and Privacy Act (FERPA) • Protects privacy of student education records – Gives parents certain rights to records – Transfers to student at age 18 • Allows colleges to release information to maintain campus safety

Student Privacy vs. Need-to -Know • Can disclose information – health or safety emergency • Vague and open to interpretation – historically chose non-disclosure • Virginia Tech changed this

FERPA Interpretations • Fears of violating privacy laws “substantial obstacle” – Mental Illness – HIPPA • “It was almost universally observed that these fears and misunderstandings likely limit the transfer of information in more significant ways than is required by law. ”

Reporting Recommendations • U. S. HHS and DE develop guidance that clarifies how and when information can be shared legally under HIPPA and FERPA • Communicate to parents and school officials