Annual Security Report Due October 1; Increased Clery Fines (CCD)
As a reminder, community college districts that participate in Title IV student financial assistance programs under the Higher Education Act are subject to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”). The Clery Act requires postsecondary institutions to publish and distribute an annual security report (“ASR”) by October 1 of each year. The ASR must include a number of specific disclosures, including a report of crime statistics for the three (3) most recent calendar years. The ASR must also include various policy and program statements and other security information.
LEGAL UPDATE
September 8, 2017
To: Superintendents/Presidents/Chancellors, Member Community College Districts
From: Ellie R. Austin, Schools Legal Counsel
Subject: Annual Security Report Due October 1; Increased Clery Fines
Memo No. 19-2017
As a reminder, community college districts that participate in Title IV student financial assistance programs under the Higher Education Act are subject to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”). The Clery Act requires postsecondary institutions to publish and distribute an annual security report (“ASR”) by October 1 of each year. The ASR must include a number of specific disclosures, including a report of crime statistics for the three (3) most recent calendar years. The ASR must also include various policy and program statements and other security information.
If you would like assistance ensuring compliance with the Clery Act, please contact our offices.
Additionally, effective April 20, 2017 the fine for each violation of the Clery Act increased to $54,789, up from $53,907.[1] The increased fine amount applies to violations that occurred after November 2, 2015 and that were assessed after April 20, 2017.
In November 2016, Pennsylvania State University was assessed a record fine of $2.4 million for 11 serious findings of Clery Act noncompliance stemming from its handling of former football coach Jerry Sandusky’s sexual abuse crimes.[2] Until the $2.4 million fine against Penn State, the highest fine ever assessed by the Department of Education for Clery Act violations was $357,500 against Eastern Michigan University in 2007.
Please contact our office with questions regarding this Legal Update or any other legal matter.
The information in this Legal Update is provided as a summary of law and is not intended as legal advice. Application of the law may vary depending on the particular facts and circumstances at issue. We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.
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All rights reserved. However, SCLS grants permission to any current SCLS client to use, reproduce, and distribute this Legal Update in its entirety for the client’s own non-commercial purposes.
[1] The U.S. Department of Education is charged with enforcing the Clery Act.
[2] More about the specific findings in the Penn State case is available at https://www.ed.gov/news/press-releases/us-department-education-levies-historic-fine-against-penn-state-over-handling-sexual-misconduct-incidents.
