Ethics, Compliance and Audit Services
Details of the Clery Act
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1998 is part of the Higher Education Act. The goal of the Clery Act is to ensure students, prospective students, parents and employees have access to accurate information about crimes committed on campus and campus security procedures.
It requires institutions of higher education that receive federal financial aid to report statistics on specified crimes on or near college campuses and to provide other safety and crime information to members of the campus community. This information must also be reported to the federal Department of Education by October 1 of each year.
Each failure to comply with the reporting requirements may be punished with a $35,000 fine, and egregious non-compliance may cause an institution to lose all federal financial aid funds. For UC, federal financial aid amounts to $400 million per year.
What are the ongoing operational requirements of the Clery Act?
When crimes occur that indicate danger to students and employees, the Clery Act requires the campus Police Department to issue warnings "in a manner that is timely and will aid in the prevention of similar crimes." Campus Police must also maintain and permit the public to view a daily crime log that contains specified information about any and all crimes that occur within the patrol jurisdiction of the campus Police and that is reported to the campus Police Department.
How can the campus best meet the requirements of the Clery Act?
Each campus must appoint a Clery Act Coordinator who is responsible for compliance with the requirements of the Act. This person should identify all Campus Security Authorities who are required to report, ensure that they receive training, and coordinate their efforts with those of the campus Police Department.
The Clery Act Coordinator should, on the dates required by The Clery Act, submit the Annual Security Report to the Department of Education, make the report available to the campus community (including through an easy-to-find Web site), and notify current and prospective students and employees of the availability of the report. The Clery Act Coordinator should also serve as the spokesperson for the campus in interactions with the Department of Education on matters related to the Clery Act.
“Campus security authority” or CSA, is a Clery-specific term that encompasses four groups of individuals and organizations associated with an institution. A Campus Security Authority can also be defined as anyone who has significant responsibility for students and campus activities. In addition to the campus Police Department, the following are Campus Security Authorities and must report:
- Individuals with Campus Security Responsibility - for example, parking information kiosk operators, parking enforcement staff, bicycle patrol staff, campus safety escort staff, and campus security staff for events held at campus theaters and spectator athletic events held in campus facilities.
- Designated Individuals-any individual or organization identified in the campus statement of Policies for Reporting Criminal Actions and Emergencies as an individual or organization to which students and employees should report criminal offenses. Campus administration must assign responsibility for receiving such reports according to local conditions. The statement must be included in the Annual Security Report.
- Officials with Significant Responsibility for Student and Campus Activities- campus officials who manage or otherwise oversee student and campus activities, for example, staff responsible for campus student housing, a student center, or student extra-curricular activities; a director of athletics or a team coach; faculty advisors to student groups; staff responsible for student discipline, and campus judicial staff. Each campus must identify these individuals. The Clery Act Coordinator is responsible for ensuring that they are aware of their responsibilities and submit periodic statistics on any crimes that have been reported to them.