Clery Compliance & Reporting at UTC
The federal “Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1998”, commonly referred to as the “Clery Act”, requires colleges and universities, both public and private, participating in federal financial aid programs to disclose campus safety information, and imposes certain requirements for handling incidents of sexual violence and emergency situations.
The Clery Act is named in memory of Jeanne Clery who was raped and murdered in her residence hall room by a fellow student she did not know on April 5, 1986. Her parents championed laws requiring the disclosure of campus crime information, and the federal law that now bears their daughter's name was first enacted in 1990. It has been amended regularly over the last two decades to keep up with changes in campus safety with the most recent update in 2013 to expand the law's requirements concerning the handling of sexual violence.
The Clery Act requires colleges and universities to collect and report annual crime statistics that reflect reports of specific crimes that occur on and adjacent to, a university campus and certain properties associated with the campus. This statistical compilation must be broken down by the types of crimes and campus disciplinary referrals, and must indicate if a specified crime is a hate crime. Campuses must also provide a geographic breakdown of the crime statistics reported according to the following defined geographic areas: “on campus” (including further breakdown of the number of crimes that occurred in campus student residential facilities), “in or on a non-campus building or property,” and “on public property.”
Campuses that maintain a police department are required to maintain a daily crime log that contains specified information about any crimes that occur within the patrol jurisdiction of the campus police and that are reported to the campus police department. Information that would jeopardize the success of an investigation or the safety of a person involved in the investigation may be withheld. The campus must make the crime log for the most recent 60-day period open to public inspection, free of charge, during normal business hours. Any portion of the crime log that is older than 60 days must be made available for inspection within two business days of a request for public inspection.
Disclosures about crime statistics and summaries of security policies are made once a year in an Annual Security Report (ASR). The law requires colleges and universities receiving federal funding to prepare, publish, and distribute, the ASR by October 1 of each year.
The U.S. Department of Education (ED) is responsible for enforcing the Clery Act. ED's Clery Act Compliance Division is responsible for conducting investigations and issuing findings of violation. Institutions that violate the Clery Act may face warnings, civil fines of up to $35,000 per violation, the limitation or suspension of federal aid, or the loss of eligibility to participate in federal student aid programs.