Understanding the Clery Act

The Clery Act is a United States federal statute that requires any college or university that participates in federal aid programs, to report campus crime data as well as safety policies each year in a public safety report.

The Clery Act was signed in 1990 and essentially was established to promote transparency and safety in higher education

The origins and purpose of the Clery Act

The whole reason the Clery Act came to be is because of a 19 year-old named Jeanne Clery who was tragically raped and murdered in her campus residence hall in 1986. Essentially her murder highlighted the need for better communication between universities and their students regarding campus safety.

Jeanne Clery’s parents, Howard and Connie Clery, discovered that Lehigh University had not informed students about 38 violent crimes that had occurred on campus in the three years leading up to their daughter’s murder. In this murder case, they believed that if Jeanne and her peers had been aware of these incidents, they might have taken extra precautions to protect themselves.

Motivated by their loss, the Clerys advocated for legislation that would require schools to keep students informed about crime on campus. Their efforts culminated in the signing of the Crime Awareness and Campus Security Act of 1990, later renamed the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, or simply the Clery Act.

The primary purpose of the Clery Act is to ensure that students, parents, and employees are aware of the safety conditions on college campuses. By providing transparency about crime statistics and security policies, the Act empowers individuals to make informed decisions about their safety and the safety of their loved ones.

Key requirements of the Clery Act

The Clery Act requires multiple obligations on colleges and universities that recieve federal funding. These requirements are designed so that the institutions maintain a high level of transparency regarding campus safety statistics and policies. The key provisions of the act include the following.

Annual Security Report (ASR)

Each year before October 1st, colleges and universities who receive federal funding are required to publish and distribute an annual security report. This report must include statistics for the previous three years concerning reported crimes on campus, in certain off-campus buildings or property owned or controlled by the school, and on public property within or immediately adjacent to the campus.
The ASR must also include information about the institution’s policies concerning campus security, such as crime reporting procedures, policies on sexual assault and harassment, emergency response protocols, and other safety-related matters.

Crime Statistics Disclosure

Colleges and universities are required to disclose statistics for specific crimes, including criminal homicide, sexual offenses, robbery, aggravated assault, burglary, motor vehicle theft, arson, hate crimes, domestic violence, dating violence, and stalking.
These statistics must be categorized by location: on-campus, in or on non-campus buildings or property, and on public property. Even differentiation between on campus and on-campus housing is categorized.

Timely Warnings

Institutions must issue timely warnings to the campus community about crimes that pose a serious or ongoing threat. These warnings aim to inform and protect students, faculty, and staff by providing immediate information that can help prevent further incidents.

Emergency Notification and Response

In the event of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees, institutions must provide emergency notifications to the campus community.
Schools are also required to test their emergency response and evacuation procedures at least once per year.

Campus Security Authorities (CSAs)

The Clery Act designates certain individuals and organizations as Campus Security Authorities (CSAs). These include campus police, security staff, and others with significant responsibility for student and campus activities, such as resident advisors, coaches, and club advisors.
CSAs are responsible for reporting crimes that they are made aware of to the appropriate campus authorities for inclusion in the institution’s crime statistics.

Daily Crime Log

Institutions with a campus police or security department must maintain a daily crime log that records all reported crimes. The log must include the nature, date, time, and general location of each crime, as well as the disposition of the complaint, if known.

Rights for Victims of Sexual Assault

The Clery Act provides specific rights to victims of sexual assault, including the right to be informed of their options to notify law enforcement, the right to changes in academic, living, transportation, or work situations, and the right to counseling services.

Missing Student Notification Policy

Institutions that provide on-campus housing must establish a policy for notifying the student’s emergency contact if the student is determined to be missing for more than 24 hours.

The reality of dangerous college campuses

The Clery Act has shed light on the fact that some college campuses are more prone to crime than others. For example, based on the most up-to-date Clery Act 2022 data from this study, it was found that UC Berkely, Texas A&M, as well as Grand Canyon University are the top 3 most dangerous colleges. Despite efforts to enhance security, certain schools continue to report higher crime rates, often due to factors like location, large student populations, or proximity to urban crime hotspots.

Crimes such as sexual assault, burglary, and aggravated assault are more prevalent compared to other types of crime, as revealed by Clery Act data. This information is crucial for prospective students and their families when choosing a school, but it also underscores the need for ongoing vigilance and strong safety programs at all institutions.

Students at schools with higher crime rates should be especially aware and proactive about safety. Many universities have responded by increasing security measures, offering safety workshops, and encouraging students to report suspicious activity.

While attending a campus with higher crime rates can be concerning, risks can be reduced through informed decision-making and active participation in safety initiatives, with the Clery Act playing a key role in providing essential safety information.

The impact of the Clery Act

The Clery Act has had a profound impact on the way colleges and universities handle campus safety. By mandating transparency and accountability, the Act has increased awareness of campus crime and promoted a culture of safety and responsibility within higher education.

One of the most significant effects of the Clery Act is the increased visibility of sexual assault and other forms of violence on college campuses. The requirement to report and disclose incidents of sexual violence has led to a greater understanding of the prevalence of these crimes and has prompted many institutions to take more proactive measures in preventing and responding to such incidents.

Moreover, the Clery Act has fostered greater collaboration between campus security, law enforcement, and the campus community. The emphasis on timely warnings and emergency notifications ensures that students, faculty, and staff are kept informed about potential dangers, allowing them to take appropriate precautions.

However, the Clery Act is not without its challenges. Compliance with the Act’s requirements can be complex and resource-intensive, particularly for smaller institutions with limited staff and funding. Additionally, some critics argue that the focus on reporting crime statistics may not fully capture the nuances of campus safety, such as the effectiveness of prevention programs or the quality of the institution’s response to incidents.

The Clery Act is a vital tool

The Clery Act represents a critical step forward in promoting transparency and accountability in campus safety. By ensuring that students, parents, and employees have access to accurate and timely information about crime on and around campus, the Act empowers individuals to make informed decisions about their safety.

While challenges remain, the Clery Act continues to serve as a vital tool in the ongoing effort to create safer and more secure learning environments for all members of the campus community.