Clery Act

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (known as the Clery Act) is a federal law requiring United States colleges and universities to disclose information about crime on and around their campuses. The Act is enforced by the United States Department of Education. The Clery Act requires colleges and universities to do the following with regards to sexual assault reports: 1) Publish an Annual Security Report; 2) Disclose crime statistics for incidents that occur on campus, in unobstructed public areas immediately adjacent to or running through the campus and at certain non-campus facilities; 3) Issue timely warnings about Clery Act crimes which pose a serious or ongoing threat to students and employees; and 4) Devise an emergency response, notification, and testing policy.

Categories of crimes that must be reported

  • Homicide
  • Murder & Manslaughter
  • Sex Offenses: Forcible (sexual battery, sexual assault, rape)
  • Sex Offenses: Non-Forcible (statutory rape, incest)
  • Robbery
  • Aggravated Assault
  • Burglary
  • Motor Vehicle Theft
  • Arson

Hate crimes must also be reported by category, including by the following: Race, gender, religion, sexual orientation, ethnicity, and disability.

Campus Sexual Assault Victims’ Bill of Rights

The Campus Sexual Assault Victims’ Bill of Rights was passed by Congress in 1992. It mandates that colleges/universities must provide the following:

  • Accuser and accused must have the same opportunity to have others present.
  • Both parties shall be informed of the outcome of any disciplinary proceeding.
  • Survivors shall be informed of their options to notify law enforcement.
  • Survivors shall be notified of counseling services.
  • Survivors shall be notified of options for changing academic and living situations.

Clery complaints

A Clery complaint is a document that details the ways in which you believe your college has violated the Clery Act and/or the Campus Sexual Assault Victims’ Bill of Rights. This complaint can involve a single case or multiple cases. The length of this document varies, depending upon the number of cases included and the level of detail provided. Complaints typically include appendices with supporting documents (e.g., Annual Security Reports, copies of the daily crime log, copies of timely warnings). Clery complaints are organized by type of violation, not complainant.

Each complainant in a Clery complaint is a student, staff, or faculty member who has experienced an incident pertaining to the schools misreporting of crime statistics (e.g., discouraged from reporting a sexual assault, timely warning not issued after a sexual assault, being asked to alter crime statistics). Complainants can either be named or anonymous, and they can include as much or little detail about their case as they would like. Since Clery focuses on the college’s handling of sexual misconduct, complaints detail experiences with the college/university. Survivors do not have to recount their experience of sexual misconduct in the Clery complaint.

If you feel your rights have been violated under Title IX, please contact us. We will support whatever action (or inaction) you choose and provide you with support and resources.

Originally published July 2013 | EndRapeOnCampus.org

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