Clery Act Compliance and the Handbook for Campus Safety and Security Reporting 2016 Edition (CCD)

In June 2016, the United States Department of Education released a new version of The Handbook for Campus Safety and Security Reporting 2016 Edition (the “Handbook”). It is available online at https://www2.ed.gov/admins/lead/safety/handbook.pdf or through the U.S. Department of Education page on campus security (http://www2.ed.gov/admins/lead/safety/campus.html). The Handbook addresses campus safety and security-related requirements for postsecondary institutions that participate in the student financial assistance programs of Title IV of the Higher Education Act of 1965, including the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”) requirements.

LEGAL UPDATE

July 28, 2016

To:  Superintendents/Presidents/Chancellors, Member Community College Districts

From: Mia N. Robertshaw, Assistant General Counsel

Subject:  Clery Act Compliance and the Handbook for Campus Safety and Security Reporting 2016 Edition

Memo No. 10-2016 (CC)

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In June 2016, the United States Department of Education released a new version of The Handbook for Campus Safety and Security Reporting 2016 Edition (the “Handbook”).  It is available online at https://www2.ed.gov/admins/lead/safety/handbook.pdf or through the U.S. Department of Education page on campus security (http://www2.ed.gov/admins/lead/safety/campus.html).  The Handbook addresses campus safety and security-related requirements for postsecondary institutions that participate in the student financial assistance programs of Title IV of the Higher Education Act of 1965, including the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”) requirements. 

The Handbook has been updated to reflect 2013 amendments to the Clery Act and its amended regulations which took effect on July 1, 2015.[1]   The Clery Act now requires institutions to disclose statistics, policies, education programs, and other information relating to dating violence, domestic violence, sexual assault, and stalking, and to disclose statistics on new categories of hate crimes.  The Clery Act now also requires institutions to implement programs to prevent and raise awareness of dating violence, domestic violence, sexual assault, and stalking for both students and employees.  In addition, colleges must implement disciplinary procedures that meet specific Clery Act requirements.  For example, disciplinary proceedings in cases of dating violence, domestic violence, sexual assault, and stalking must be conducted by officials who receive annual training.

The Handbook assists institutions in complying with federal campus safety and security requirements.  The Handbook provides clear guidance in an easy-to-use format.  It is a valuable tool for colleges to use in reviewing, updating, or creating policies and procedures. 

Compliance with the Clery Act is very important, and the potential consequences of violating the Clery Act are serious, including substantial fines against a noncompliant institution.  Community college districts should review their safety and security-related policies and procedures, as well as their crime statistics gathering and reporting.  We strongly recommend that each community college district read and refer to the updated Handbook as part of this review.  Appropriate policies and procedures are an essential element of campus safety and compliance with the law.

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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