Jim Moore and Keith Ninemire | July 27. 2015Jim Moore and Keith Ninemire | July 27. 2015U.S. Department of EducationU.S. Department of Education

Salish Kootenai College Student Affairs -Salish Kootenai College Student Affairs -Financial Aid Training Conference 2015Financial Aid Training Conference 2015

The Clery Act, VAWA, and More The Clery Act, VAWA, and More

DisclaimerDisclaimer

““This presentation provides general information about the Clery This presentation provides general information about the Clery Act. It does not represent a complete recitation of the applicable Act. It does not represent a complete recitation of the applicable law or ED/FSA policies in this area and is for discussion purposes law or ED/FSA policies in this area and is for discussion purposes only. This presentation must not be used for any other purpose. only. This presentation must not be used for any other purpose. Actual compliance determinations must be made after a careful Actual compliance determinations must be made after a careful analysis of specific facts on a case-by-case basis. Comments analysis of specific facts on a case-by-case basis. Comments made during this presentation are for instructional and illustrative made during this presentation are for instructional and illustrative purposes only and are not intended for attribution or publication.” purposes only and are not intended for attribution or publication.”

2

AgendaAgenda

Compliance with the Clery Act: Campus Crime, Fire Safety, and Compliance with the Clery Act: Campus Crime, Fire Safety, and VAWA: Practical Advice for Higher Education Professionals VAWA: Practical Advice for Higher Education Professionals

•Thank You!!!Thank You!!!•Background/History of the Clery ActBackground/History of the Clery Act•Monitoring and EnforcementMonitoring and Enforcement•Clery Act BasicsClery Act Basics•Violence Against Women Reauthorization Act of 2013 (VAWA) Violence Against Women Reauthorization Act of 2013 (VAWA)

“ “ (At least) 10 Things That You Need To Know About VAWA”(At least) 10 Things That You Need To Know About VAWA”

A (Quick) Note on the “Intersection of Clery/VAWA, Title IX, and FERPA” A (Quick) Note on the “Intersection of Clery/VAWA, Title IX, and FERPA” •FSA/OCR CollaborationFSA/OCR Collaboration•Best PracticesBest Practices•Drug-Free Schools and Communities ActDrug-Free Schools and Communities Act•QuestionsQuestions

3

Background/History of the Clery ActBackground/History of the Clery Act

Campus safety and crime prevention requirements in the HEA Campus safety and crime prevention requirements in the HEA starts with the Crime Awareness and Campus Security Act of 1990starts with the Crime Awareness and Campus Security Act of 1990

• 1992 - Expanded sexual assault policy requirements 1992 - Expanded sexual assault policy requirements • 1998 - Expanded reporting requirements and renamed the law in 1998 - Expanded reporting requirements and renamed the law in

memory of Jeanne Clery (Crime Log; Expanded geographical scope) memory of Jeanne Clery (Crime Log; Expanded geographical scope) • 2000 - Victims of Trafficking Act (Sex offender registry) 2000 - Victims of Trafficking Act (Sex offender registry) • 2008 – HEOA (Emergency notification and response; Fire safety)2008 – HEOA (Emergency notification and response; Fire safety)• 2013 - Section 304 of VAWA amends the Clery Act2013 - Section 304 of VAWA amends the Clery Act• What’s on the horizon… What’s on the horizon…

College Accountability and Safety Act (CASA)?College Accountability and Safety Act (CASA)?

Hold Accountable and Lend Transparency Act (HALT)?Hold Accountable and Lend Transparency Act (HALT)?

4

Monitoring and Enforcement Monitoring and Enforcement

Federal Student Aid monitors & enforces the Clery Act:Federal Student Aid monitors & enforces the Clery Act:•Program Reviews - Three TypesProgram Reviews - Three Types•Complaint AssessmentsComplaint Assessments•Media AssessmentsMedia Assessments

Possible consequences of review findings:Possible consequences of review findings:• Fines - up to Fines - up to $35,000$35,000 per offense per offense (CASA Proposal)(CASA Proposal) • Limitation, suspension, or termination of the eligibility for student Limitation, suspension, or termination of the eligibility for student

financial aid programs; denial of recertification or revocation of a financial aid programs; denial of recertification or revocation of a provisional Program Participation Agreement provisional Program Participation Agreement

Special Note: Special Note: The Secretary “shall impose” a civil penalty for any Clery Act The Secretary “shall impose” a civil penalty for any Clery Act

violation that rises to the level of a “significant violation that rises to the level of a “significant misrepresentation.” misrepresentation.”

5

Do It For Jeanne…Your Students…Your Friends…Your SchoolDo It For Jeanne…Your Students…Your Friends…Your School

6

Clery Basics – Getting It Right!Clery Basics – Getting It Right!

Theme #1: Moving From Compliance To Excellence!Theme #1: Moving From Compliance To Excellence!

Theme #2: Focus on campus safety & crime preventionTheme #2: Focus on campus safety & crime prevention

Theme #3: Protect the “Brand” and Risk ManagementTheme #3: Protect the “Brand” and Risk Management

•Student ActivismStudent Activism•Media AttentionMedia Attention•Better AwarenessBetter Awareness•Shifting IncentivesShifting Incentives•Financial/Existential Pressures Financial/Existential Pressures

7

Clery BasicsClery Basics

The Clery Act campus safety and crime prevention The Clery Act campus safety and crime prevention provisions require provisions require allall* schools to:* schools to:

• Classify crime reports and compile and disclose crime statistics Classify crime reports and compile and disclose crime statistics • Publish and Publish and actively distribute actively distribute an annual security report (ASR) that an annual security report (ASR) that

contains all required statistical and policy disclosures (contains all required statistical and policy disclosures (50+50+) ) • Submit crime statistics to EDSubmit crime statistics to ED• Issue timely warnings and emergency notificationsIssue timely warnings and emergency notifications• Police/Security: Daily Crime LogPolice/Security: Daily Crime Log• Housing: Missing Persons Notification & Fire Safety Housing: Missing Persons Notification & Fire Safety

8

Clery Basics - ASRClery Basics - ASR

Publish and distribute an ASRPublish and distribute an ASR

• Must distribute an accurate and complete Must distribute an accurate and complete reportreport to all enrolled to all enrolled students and current employeesstudents and current employees• Directly by mail, hand delivery, or email orDirectly by mail, hand delivery, or email or• By posting on an Internet or intranet site that is reasonably accessible to By posting on an Internet or intranet site that is reasonably accessible to

current students and employees*current students and employees*

• *If you post the annual security report online, you must *If you post the annual security report online, you must distribute a notice by October 1distribute a notice by October 1stst with statement of report’s with statement of report’s availability, exact URL, a description of contents, and availability, exact URL, a description of contents, and statement that paper copy is available upon requeststatement that paper copy is available upon request

9

Clery Basics - ASRClery Basics - ASR

Publish and distribute an ASR Publish and distribute an ASR

• Must actively notify prospective students and employees Must actively notify prospective students and employees about the availability of the ASR. The notice must include a about the availability of the ASR. The notice must include a description of the report’s contents and explain how to obtain description of the report’s contents and explain how to obtain a paper copya paper copy• Must provide a copy of the ASR upon requestMust provide a copy of the ASR upon request• If posted on an internet site, notice must also include exact URL where ASR If posted on an internet site, notice must also include exact URL where ASR

is postedis posted

• For prospective students and employees, information may not For prospective students and employees, information may not be posted on an intranet sitebe posted on an intranet site

10

Clery Basics - Reportable OffensesClery Basics - Reportable Offenses

Criminal OffensesCriminal Offenses Arrests/Disciplinary Arrests/Disciplinary ReferralsReferrals

Hate CrimesHate Crimes VAWAVAWA

Murder/Non-Negligent Murder/Non-Negligent ManslaughterManslaughter

Drug Law ViolationsDrug Law Violations Simple AssaultSimple Assault Dating ViolenceDating Violence

RapeRape Liquor Law ViolationsLiquor Law Violations IntimidationIntimidation Domestic ViolenceDomestic ViolenceFondlingFondling Weapons Possession Weapons Possession

ViolationsViolationsLarceny/TheftLarceny/Theft Stalking (including Stalking (including

Cyber-Stalking)Cyber-Stalking)Statutory RapeStatutory Rape Vandalism/Destruction Vandalism/Destruction

of Propertyof Property

IncestIncest  RobberyRobbery  

Aggravated AssaultAggravated Assault  BurglaryBurglary  

Motor Vehicle TheftMotor Vehicle Theft  ArsonArson

 

11

Clery Basics – Hate CrimesClery Basics – Hate Crimes

Classify crime reports and disclose crime statisticsClassify crime reports and disclose crime statistics

• Hate crimes are motivated by the offender’s category of biasHate crimes are motivated by the offender’s category of bias

• **Added to the Clery Act by the Matthew Shephard Act, 2009)**Added to the Clery Act by the Matthew Shephard Act, 2009)• Arrests and referrals for disciplinary action are based on Arrests and referrals for disciplinary action are based on

violations of weapons, drug, and liquor laws, not of institution violations of weapons, drug, and liquor laws, not of institution policiespolicies

12

Clery Basics - Crime StatisticsClery Basics - Crime Statistics

Classify crime reports and disclose crime statisticsClassify crime reports and disclose crime statistics• Schools disclose reported offenses, regardless of whether or Schools disclose reported offenses, regardless of whether or

not the alleged perpetrator is found guiltynot the alleged perpetrator is found guilty““Reported” = brought to the attention of a campus security authority Reported” = brought to the attention of a campus security authority

or or local law enforcement personnel. A report cannot be “unreported” local law enforcement personnel. A report cannot be “unreported” but but can be “unfounded” by law enforcement if certain conditions are can be “unfounded” by law enforcement if certain conditions are met.met.

• Count both attempted and completed crimes Count both attempted and completed crimes • Make a reasonable, good faith effort to obtain crime statistics Make a reasonable, good faith effort to obtain crime statistics

from local law enforcement agenciesfrom local law enforcement agencies• Hierarchy and exceptions (Criminal Homicide & Arson)Hierarchy and exceptions (Criminal Homicide & Arson)• Crimes may be reported anonymously per institutional policy – Crimes may be reported anonymously per institutional policy –

never include PII in the ASR and/or crime statisticsnever include PII in the ASR and/or crime statistics

13

Clery Basics - “Clery Geography”Clery Basics - “Clery Geography”

Clery Geography Defined:Clery Geography Defined:

1.1. Campus ICampus I: any building or property owned or controlled by : any building or property owned or controlled by an institution within the same reasonably contiguous an institution within the same reasonably contiguous geographic area and is used by the institution in direct geographic area and is used by the institution in direct support of, or in a manner related to, its educational support of, or in a manner related to, its educational purposes, incl. Residence hallspurposes, incl. Residence halls

2.2. Campus IICampus II: any building or property that is within or : any building or property that is within or reasonably contiguous to the area identified above that is reasonably contiguous to the area identified above that is owned by the institution but is controlled by another person, owned by the institution but is controlled by another person, is frequently used by students, and supports institutional is frequently used by students, and supports institutional purposes (such as food or other retail vendor)purposes (such as food or other retail vendor)

14

Clery Basics - “Clery Geography”Clery Basics - “Clery Geography”

3.3. Non-campus building or propertyNon-campus building or property: (1) Any building or property : (1) Any building or property owned or controlled by a student organization that is officially owned or controlled by a student organization that is officially recognized by the institution; or (2) any building or property recognized by the institution; or (2) any building or property (other than a separate campus) owned or controlled by an (other than a separate campus) owned or controlled by an institution that is used in direct support of, or in relation to, the institution that is used in direct support of, or in relation to, the institution’s educational purposes, is frequently used by institution’s educational purposes, is frequently used by students, and is not within the same reasonably contiguous students, and is not within the same reasonably contiguous geographic area geographic area

4.4. Public PropertyPublic Property: All public property including thoroughfares, : All public property including thoroughfares, streets, sidewalks, and parking facilities, that is within the streets, sidewalks, and parking facilities, that is within the campus, or immediately adjacent to or accessible from the campus, or immediately adjacent to or accessible from the campus campus

15

Clery Basics - Campus Security Authority Clery Basics - Campus Security Authority

• Members of a campus law enforcement or public safety entityMembers of a campus law enforcement or public safety entity

• Any individual who has responsibility for campus safety but is Any individual who has responsibility for campus safety but is not part of a campus law enforcement or public safety not part of a campus law enforcement or public safety department or presence (hall monitors; parking attendants)department or presence (hall monitors; parking attendants)

• Any official of an institution who has significant responsibility Any official of an institution who has significant responsibility for student and campus activities, but does not have significant for student and campus activities, but does not have significant counseling responsibilitiescounseling responsibilities

• ActualActual professional & pastoral counselors are exempt professional & pastoral counselors are exempt

NoteNote: Special considerations for institutions specializing in : Special considerations for institutions specializing in counseling or affiliated with churches/religious orderscounseling or affiliated with churches/religious orders

16

Clery Basics – ED Annual SurveyClery Basics – ED Annual Survey

Submit crime statistics to EDSubmit crime statistics to ED

• Institutions report campus crime statistics for the 3 most-Institutions report campus crime statistics for the 3 most-recent calendar yearsrecent calendar years

• Must match the statistical disclosures that were published in Must match the statistical disclosures that were published in the annual security report the annual security report

• Deadline for completing the web-based data collection is Deadline for completing the web-based data collection is specified by the Secretary each year – typically mid-Octoberspecified by the Secretary each year – typically mid-October

• Collected data are posted on OPE’s Data Analysis Cutting Tool Collected data are posted on OPE’s Data Analysis Cutting Tool (linked to College Navigator) for public use(linked to College Navigator) for public use

17

Warning: This is Warning: This is NOTNOT an ASR! an ASR!

18

Clery Basics - Safety AlertsClery Basics - Safety Alerts

Issue Timely Warnings and Emergency NotificationsIssue Timely Warnings and Emergency Notifications• Institutions must issue campus safety alerts to provide Institutions must issue campus safety alerts to provide

students and employees with timely information about students and employees with timely information about ongoing threats due to crime or other dangerous conditions ongoing threats due to crime or other dangerous conditions

Two kinds of alerts:Two kinds of alerts:• Timely warnings are issued for Timely warnings are issued for Clery-reportable crimes Clery-reportable crimes that that

may pose a serious ongoing threat may pose a serious ongoing threat (Clery Geography)(Clery Geography)• Emergency notifications are issued upon the confirmation of Emergency notifications are issued upon the confirmation of

a significant a significant emergency or dangerous situation emergency or dangerous situation that may that may pose an immediate threat to health or safety pose an immediate threat to health or safety (Campus Only)(Campus Only)

19

Clery Basics - Special ConsiderationsClery Basics - Special Considerations

Additional requirements:Additional requirements:

• Institutions with a Institutions with a campus police or security presencecampus police or security presence** ** must must additionally maintain a daily crime logadditionally maintain a daily crime log

• Institutions with Institutions with on-campus student housing facilitieson-campus student housing facilities must must additionally:additionally:

• Develop and implement missing student notification procedures that pertain Develop and implement missing student notification procedures that pertain to students residing in those facilities and include them in the ASRto students residing in those facilities and include them in the ASR

• Comply with fire safety requirementsComply with fire safety requirements

20

Clery Basics – Crime LogClery Basics – Crime Log

Daily Crime LogDaily Crime Log• Log is a daily record of criminal and alleged criminal incidents Log is a daily record of criminal and alleged criminal incidents

reported to the campus police or security personnelreported to the campus police or security personnel• All crimes on Clery geography or within patrol jurisdiction of the campus All crimes on Clery geography or within patrol jurisdiction of the campus

police/security departmentpolice/security department• Not just Clery Act crimesNot just Clery Act crimes• Records nature, date the crime was reported, time, date, general location, Records nature, date the crime was reported, time, date, general location,

and disposition (if known) of each crimeand disposition (if known) of each crime

21

Clery Basics – Crime LogClery Basics – Crime Log

Daily Crime LogDaily Crime Log

• Log must be availableLog must be available• Must be accessible on-site (written or electronic)Must be accessible on-site (written or electronic)• Available upon request for public inspection during business hours (most Available upon request for public inspection during business hours (most

recent 60 days available immediately; older records available within 2 recent 60 days available immediately; older records available within 2 business days)business days)

• Must be available without payment or written requestMust be available without payment or written request

• Log must be maintainedLog must be maintained• Must make additions or updates to an entry within two business daysMust make additions or updates to an entry within two business days• Update disposition up to 60 days from when crime was entered in the log Update disposition up to 60 days from when crime was entered in the log • Schools must archive log for seven years Schools must archive log for seven years (record-retention requirement)(record-retention requirement)

22

Clery Basics - Missing StudentsClery Basics - Missing Students

Missing Student NotificationMissing Student Notification

• Include a statement in the ASR that addresses missing student Include a statement in the ASR that addresses missing student notification procedures that will apply when a it is determined notification procedures that will apply when a it is determined that a student that resides in on-campus student housing has that a student that resides in on-campus student housing has been missing for 24 hoursbeen missing for 24 hours

• Students must be given the opportunity to register a Students must be given the opportunity to register a confidential contact confidential contact with the institutionwith the institution– Confidential information for this purpose must be kept separate from general Confidential information for this purpose must be kept separate from general

emergency contact informationemergency contact information– Only authorized officials may have access to the informationOnly authorized officials may have access to the information– Such information may only be disclosed to law enforcement in furtherance of a Such information may only be disclosed to law enforcement in furtherance of a

missing person investigationmissing person investigation

23

Clery Basics - Fire SafetyClery Basics - Fire Safety

Fire Safety Policies and StatisticsFire Safety Policies and Statistics

• 3 primary compliance areas:3 primary compliance areas:

• Annual fire safety reportAnnual fire safety report• Submit fire statistics to EDSubmit fire statistics to ED• Fire logFire log

24

Clery Basics - Fire SafetyClery Basics - Fire Safety

Publish an Annual Fire Safety Report (AFSR)Publish an Annual Fire Safety Report (AFSR)

• Must publish and actively distribute AFSR by October 1Must publish and actively distribute AFSR by October 1stst

• Report must include:Report must include:• Fire statistics Fire statistics • Current fire safety policies and proceduresCurrent fire safety policies and procedures• must be a single, comprehensive report must be a single, comprehensive report

• Annual fire safety report and annual security reportAnnual fire safety report and annual security report• May be published separately or togetherMay be published separately or together• If published separately, specify how to access the other report in each oneIf published separately, specify how to access the other report in each one

25

Clery Basics - Fire SafetyClery Basics - Fire Safety

Submit fire statistics to EDSubmit fire statistics to ED• Must submit fire statistics for three most-recent calendar years Must submit fire statistics for three most-recent calendar years

• Collected via the same web-based collection tool as the campus crime Collected via the same web-based collection tool as the campus crime statistics statistics

• Includes statistics for each Includes statistics for each on-campus student housing facility – if questions on-campus student housing facility – if questions arise about ownership or whether a housing unit is on-campus, please arise about ownership or whether a housing unit is on-campus, please consult with the Clery Team - consult with the Clery Team - clery@ed.gov or the Help Desk or the Help Desk

• Statistics include:Statistics include:• Number and cause of each fireNumber and cause of each fire

• Number of persons with injuries related to a fire that resulted in treatment at Number of persons with injuries related to a fire that resulted in treatment at a medical facilitya medical facility

• Number of deaths related to a fireNumber of deaths related to a fire

• Value of property damageValue of property damage

26

Clery Basics – Fire SafetyClery Basics – Fire Safety

Fire LogFire Log• Fire log is a record of any fire that occurs in an on-campus Fire log is a record of any fire that occurs in an on-campus

student housing facilitystudent housing facility• Records nature, date the crime was reported, time, date, nature, and general Records nature, date the crime was reported, time, date, nature, and general

location of each firelocation of each fire• Must be written and easily understoodMust be written and easily understood

• Annual report to the campus community on fires recorded in Annual report to the campus community on fires recorded in the logthe log

27

Clery Basics – Fire Safety Clery Basics – Fire Safety

Fire logFire log• Log must be availableLog must be available

• Must be accessible on-site (written or electronic)Must be accessible on-site (written or electronic)• Available upon request for public inspection during business hours (most Available upon request for public inspection during business hours (most

recent 60 days available immediately; older records available within 2 recent 60 days available immediately; older records available within 2 business days)business days)

• Must be available without payment or written requestMust be available without payment or written request

• Log must be maintainedLog must be maintained• Must make additions or updates to an entry within two business daysMust make additions or updates to an entry within two business days• Update disposition up to 60 days from when crime was entered in the log Update disposition up to 60 days from when crime was entered in the log • Schools must archive log for seven yearsSchools must archive log for seven years

• The fire log may be combined with the daily crime log The fire log may be combined with the daily crime log • Label it well so users know it is both a crime and fire logLabel it well so users know it is both a crime and fire log• Ensure that it contains the required elements for both logsEnsure that it contains the required elements for both logs

28

Violence Against Women Reauthorization Act of 2013 Violence Against Women Reauthorization Act of 2013

• Enacted March 7Enacted March 7thth, 2013; , 2013; Final Rule issued on October 20, 2014Final Rule issued on October 20, 2014 http://ifap.ed.gov/eannouncements/102014ViolenceAgainstWomenAct.htmlhttp://ifap.ed.gov/eannouncements/102014ViolenceAgainstWomenAct.html

• Requires expanded reporting for incidents of sexual assault, Requires expanded reporting for incidents of sexual assault, dating violence, domestic violence, and stalking (including dating violence, domestic violence, and stalking (including cyber-stalking) and clarifies the limitations on cyber-stalking) and clarifies the limitations on “unfounding” “unfounding” a a reported offense reported offense

• Requires that the ASR include additional information about Requires that the ASR include additional information about policies, procedures, and training programs aimed at sexual policies, procedures, and training programs aimed at sexual assault prevention and response assault prevention and response

• Expands accommodations and protective measures Expands accommodations and protective measures requirementsrequirements

29

Violence Against Women Reauthorization Act of 2013 Violence Against Women Reauthorization Act of 2013

New Programmatic and Training Requirements include:New Programmatic and Training Requirements include:•Awareness Campaigns – Ongoing RequirementAwareness Campaigns – Ongoing Requirement•Primary PreventionPrimary Prevention•Risk Reduction Risk Reduction •Bystander InterventionBystander Intervention

Per Master Calendar, final regulations went into effect Per Master Calendar, final regulations went into effect July 1, 2015July 1, 2015 Institutions were already obligated to make a documented, Institutions were already obligated to make a documented, good good faith effort faith effort to comply with the statutory requirements – 2014 ASRto comply with the statutory requirements – 2014 ASR

Intersection of Clery Act & Title IX: Strict compliance with Clery Intersection of Clery Act & Title IX: Strict compliance with Clery Act/VAWA will Act/VAWA will NEVERNEVER cause a direct violation of FERPA and/or cause a direct violation of FERPA and/or Title IX: Title IX: https://www.notalone.gov/assets/ferpa-clerychart.pdf

30

Program Reviews – What to ExpectProgram Reviews – What to Expect

Written Notification - Fieldwork - PRR – Response - FPRDWritten Notification - Fieldwork - PRR – Response - FPRD

““How do you know what you think you know?”How do you know what you think you know?”

Document! Document!! Document!!!Document! Document!! Document!!!

•Document requests (not a negotiation)Document requests (not a negotiation)• Police/Public safety incident reports + arrest recordsPolice/Public safety incident reports + arrest records• Student and employee conduct records…advocacy, athletics, Greeks, housing Student and employee conduct records…advocacy, athletics, Greeks, housing • What about FERPA?What about FERPA?

• InterviewsInterviews• Institutional officials - Students - Law enforcement - social service agencies Institutional officials - Students - Law enforcement - social service agencies

• Emphasis on full disclosure and timely productionEmphasis on full disclosure and timely production• Role of advisors, consultants, and attorneysRole of advisors, consultants, and attorneys• Opportunity to demonstrate administrative capabilityOpportunity to demonstrate administrative capability• Separate from other reviews or investigations (ED OCR; Justice)Separate from other reviews or investigations (ED OCR; Justice)

31

FSA/Clery-OCR CollaborationFSA/Clery-OCR Collaboration

Principles for CooperationPrinciples for Cooperation Increased collaboration during the last year! Increased collaboration during the last year! Gives structure to existing partnershipsGives structure to existing partnerships Complaint intake, referral, and resolutionComplaint intake, referral, and resolution Enforcement casesEnforcement cases

Better communication Better communication Joint interviews Joint interviews Information sharingInformation sharing Better experience and fewer obstacles for students/complainantsBetter experience and fewer obstacles for students/complainants Improved efficiency/stewardship of limited resourcesImproved efficiency/stewardship of limited resources

Creating learning opportunities for schools and ED staffCreating learning opportunities for schools and ED staff Integrated technical assistanceIntegrated technical assistance Build & leverage mutual understanding of unique roles and Build & leverage mutual understanding of unique roles and

missionmission Protection of confidentiality and privacy rightsProtection of confidentiality and privacy rights

32

Best PracticesBest Practices

• Appoint and empower a Clery Act/Part 86 Compliance OfficerAppoint and empower a Clery Act/Part 86 Compliance Officer

• Get Value from the People and Firms that You Hire!Get Value from the People and Firms that You Hire!• Internal staff/Outside professionals/Software vendors/AssociationsInternal staff/Outside professionals/Software vendors/Associations

• Develop an understanding of “Clery Geography”Develop an understanding of “Clery Geography”

• Identify and train “Campus Security Authorities”Identify and train “Campus Security Authorities”

• Specifically inform students and employees about how to report Specifically inform students and employees about how to report

• Develop a VAWA Implementation/Integration PlanDevelop a VAWA Implementation/Integration Plan

33

Drug-Free Schools & Communities Act Drug-Free Schools & Communities Act

Implemented by 34 CFR Part 86 (Part 86)Implemented by 34 CFR Part 86 (Part 86)•Requires institutions to certify that they have Requires institutions to certify that they have developed and implemented a drug and alcohol abuse developed and implemented a drug and alcohol abuse education and prevention program (DAAPP) – education and prevention program (DAAPP) – completed through the PPA** completed through the PPA**

• The program must be designed to prevent the unlawful The program must be designed to prevent the unlawful possession, use, and distribution of drugs and alcohol on possession, use, and distribution of drugs and alcohol on campus and at recognized events and activities campus and at recognized events and activities

• As part of the program, institutions must distribute certain As part of the program, institutions must distribute certain information to students and employees annually information to students and employees annually

• Institutions must do a biennial review of the programInstitutions must do a biennial review of the program

34

Drug-Free Schools & Communities Act Drug-Free Schools & Communities Act

Annual disclosure**Annual disclosure**• Must share information with current students and employeesMust share information with current students and employees• 34 CFR § 86.100 outlines the information that must be 34 CFR § 86.100 outlines the information that must be

included:included:

• Standards of conduct prohibiting the possession, use, and distribution of Standards of conduct prohibiting the possession, use, and distribution of drugs and alcoholdrugs and alcohol

• Possible sanctions for violations of Federal, state, and local drug and Possible sanctions for violations of Federal, state, and local drug and alcohol laws as well as sanctions for violation of institutional policies alcohol laws as well as sanctions for violation of institutional policies

• Health risks associated with the use of drugs and alcoholHealth risks associated with the use of drugs and alcohol• Information on counseling, rehabilitation, and treatment programs Information on counseling, rehabilitation, and treatment programs • A clear statement that the school will impose sanctions on students and A clear statement that the school will impose sanctions on students and

employees who violate drug and alcohol laws, ordinances, and/or employees who violate drug and alcohol laws, ordinances, and/or institutional policiesinstitutional policies

35

Drug-Free Schools & Communities Act Drug-Free Schools & Communities Act

Biennial Review**Biennial Review**• Objectives are:Objectives are:

• To determine the effectiveness of your drug and alcohol abuse prevention To determine the effectiveness of your drug and alcohol abuse prevention program program

• To ensure consistent enforcement of applicable laws, ordinances, and To ensure consistent enforcement of applicable laws, ordinances, and institutional policies against violators institutional policies against violators

• The biennial review report and supporting documents must be The biennial review report and supporting documents must be maintained by the school and made available to the Department maintained by the school and made available to the Department upon requestupon request

Special Note* The DFSCA requirements are stackable/cumulative Special Note* The DFSCA requirements are stackable/cumulative i.e. if an institution fails to develop and implement a substantive i.e. if an institution fails to develop and implement a substantive DAAPP, the institution CANNOT comply with the other DAAPP, the institution CANNOT comply with the other requirements requirements

36

QUESTIONS?QUESTIONS?

37

Jim MooreJim MooreClery Act Compliance Team Clery Act Compliance Team

james.moore@ed.gov

Keith NinemireKeith NinemireClery Act Compliance Team Clery Act Compliance Team keith.ninemire@ed.gov

General Inquiry MailboxGeneral Inquiry Mailboxclery@ed.gov