Important Note:

Secretary Betsy DeVos announced the rescission of and replacement for the 2016 Handbook for Campus Safety and Security Reporting (Handbook), the most recent Clery Act subregulatory guidance. The Department determined that “much of the guidance provided was outside of the scope of the relevant statutory (20 U.S.C. 1092) and regulatory (34 CFR 668.41 and 668.46) authority.” The information below may not be the most up to date due to the recent rescission. Until new guidance is communicated by the Department of Education, please visit the Clery Center for the most up to date information.

What is the Clery Act

The Jeanne Clery Act is a federal consumer protection law to protect students and families. The law aims to create transparency between prospective and current students and their families; and campus crime policy and statistics of crimes on campus.

The Clery Act was passed in 1990, and amended through the Campus SaVE act in 2013

What is a consumer Protection Law

A consumer protection law is a law to protect consumers, in the case of the Clery Act: prospective and current students of colleges and universities, from deception or being put at risk by unfair or deceptive business actions..

Requirements for Higher Ed Institutions:

Annual Security Reporting:

The Clery Act requires colleges and universities that receive federal funding to disseminate a public annual security report (ASR.) An ASR must include statistics of campus crime for the previous three academic years, and any efforts taken to improve safety on the institutions campus.

The Annual Report must also include policy statements the institution follows regarding:

  • crime reporting,

  • campus facility security and access,

  • law enforcement authority,

  • incidence of alcohol and drug use,

  • and the prevention of/response to sexual assault, domestic or dating violence, and stalking


Four Categories of Crime

The Four Categories of Crime that an institution must report on are:

  • Criminal Offenses

  • VAWA Offenses

  • Arrests and Referrals for Disciplinary Action

  • Hate Crimes (any of the above mentioned offenses, and any incidents of)

Where Crimes Are Committed & Crime Logs

Unlike the New Title IX Regulations, The Clery Act crime reporting is not limited to offenses on campus or within campus buildings and residences. Campuses ASR must include statistics of crimes in any of these areas:

  • On-campus (anywhere)

  • On-campus student housing

  • Public property within campus bounds

  • Public property immediately adjacent to the campus

  • Non-campus buildings and property owned or controlled by the institution that are used for educational purposes and frequently used by students but not a part of the core campus, or those owned or controlled by a student organization officially recognized by the institution

Wherever these crimes occur, campus police and public safety departments must keep a daily crime log of all reported crimes, and this log must be made public during business hours.

Campus Threat Warnings and Notifications

When a crime covered by Clery is reported on campus, campus officials must determine if there is a serious or ongoing threat to the campus community and whether a timely warning should be given to students and staff.

If there is an immediate, significant danger to the health or safety of the campus community (e.g. weather, disease outbreak), campus officials may issue an emergency notification. And emergency notification can include the entire campus, or a specific at risk area.

Victim/Survivor Rights, Options, and Resources

Specific rights, options, and resources offered to victims under the Clery Act:

  • Prevention Education

    • including bystander intervention and risk reduction focused on warning signs of the offenses

  • Written Explanation of their rights

    • including the option for a relocation/change of housing, transportation, or academic course assignment.

    • They also include access to counseling services, legal services, and law enforcement notification.

  • Disciplinary Proceedings

    • Proceedings are required to be conducted by trained parties, be prompt, fair, and impartial, and must give certain procedural rights to both the accuser and the accused.

FAQs

 

Does My Complaint Qualify as a Clery Complaint?

A Clery complaint is a student, staff, or faculty member who has experienced an incident because of the schools misreporting of crime statistics, like but not limited to:

  • discouraged from reporting a sexual assault,

  • timely warning not issued after a sexual assault,

  • being asked to alter crime statistics

Complainants can be named or anonymous, and can include as much or as little detail about their case as they would like.

Survivors do not have to recount their trauma of sexual misconduct in a Clery complaint.

Who Can File a Complaint?

Anyone who believes that a college or university that receives federal funds (e.g., financial aid) has misreported crimes, or maintains or encourages a culture that prevents crime reporting.

Student allies, faculty, alums, and other concerned people can file a Clery complaint on behalf of survivors

Do I Need a Lawyer for a Clery Complaint?

No, you do not have to have a lawyer for a Clery action, but it is not prohibited. Some may wish to have legal representation present and will be allowed to have a lawyer present.


I’ve Filed a Complaint, What Now?

The Department of Education will investigate the college or university, the department will also acknowledge your filing through email or mail.

There is no statute of limitations for a Clery Complaint, but the investigation may take several years to complete depending on the amount of complaints and the priority related to all other colleges or university complaints.

 
 
 

How Can I File a Clery Complaint?

You can call in, mail, or email your Clery complaint:

  • Call: You can call 1-800-1-FED-AID to report your Clery complaint.

  • Mail: Clery complaints should be sent to the regional Department of Education office that has jurisdiction over your college/university.

  • E-mail: To file a Clery complaint by email, send a message to the regional office and to clerycomplaints@ed.gov

    Most complaints are too large to send in one email attachment, so you may send the complaint and appendices in multiple documents.

Does a Clery Complaint Filing Cost Money?

No.