Collectively, the statutory and regulatory scheme commonly referred to as “The Clery Act” imposes a number of disclosure requirements on post-secondary education institutions. These requirements generally fall into three main categories:
- Clery crime statistics and security-related policy disclosures (which must be met by all institutions);
- Clery crime log requirement (for institutions with campus police or security departments); and
- Missing student notification and fire safety requirements for institutions that have at least one on-campus student housing facility.
While these laws permit a certain degree of flexibility in the manner in which compliance is achieved, the requirement for complete and timely compliance is absolute. Failure to do so can result in civil penalties of up to $54,789 per violation for substantial misrepresentations of the number, location, or nature of crimes required to be reported, or for violation of any other safety or security-related provision.
In some instances, a Clery Act violation could trigger a complaint for violation of Title IX of the Education Amendments of 1972. Title IX prohibits discrimination on the basis of sex in education and training programs. It applies to all recipients of federal financial assistance, and for educational institutions it applies to any and all programs including operations, admissions, employment, commercial activities, and other functions. Discrimination on the basis of sex includes the responses to sexual harassment or sexual violence.
The Campus SaVE Act (SaVE) is a 2013 amendment to the Jeanne Clery Act. It was designed to bolster the response to and prevention of sexual violence in higher education. Institutions must implement SaVE no later than October 1, 2014. The requirements include:
- Increased transparency about sexual violence on campus
- Guarantees for enhanced rights for victims
- Standards in institutional conduct proceedings
- Campus community-wide prevention educational programming
Protus3 provides security assessments for government and corporate clients, largely including educational institutions. We work with administrators and campus public safety officials to make sure they understand their obligations under the Jeanne Clery Act and associated regulations as well as Title IX. We help them develop the procedures necessary to satisfy the requirements under those federal laws. At the same time we address other security-related issues that affect operations, facilities, students, faculty, staff and guests.
For more information:
“Hush”, an article from the Cleveland Scene detailing the events at Notre Dame College of Ohio
SaVE Act Training
Criminal Complaint Investigations
Mandatory Complaint Resolution
Title IX Investigations
Clery Act Compliance (pdf)
Title IX Compliance and Investigation (pdf)
The Clery Act: Costs of Non-compliance (pdf)
Clery Violation Fines 2009-2014 (pdf)
Best Practices for the Use of Outside Investigators in Title IX Investigations (pdf)