Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics
Act 20 USC §1092(f)
(f) Disclosure of campus security policy and campus crime statistics
(1) Each eligible institution participating in any program under this subchapter and part C of subchapter I of chapter 34 of Title 42 shall on August 1, 1991, begin to collect the following information with respect to campus crime statistics and campus security policies of that institution, and beginning September 1, 1992, and each year thereafter, prepare, publish, and distribute, through appropriate publications or mailings, to all current students and employees, and to any applicant for enrollment or employment upon request, an annual security report containing at least the following information with respect to the campus security policies and campus crime statistics of that institution:
(A) A statement of current campus policies regarding procedures and facilities for students and others to report criminal actions or other emergencies occurring on campus and policies concerning the institution’s response to such reports.
(B) A statement of current policies concerning security and access to campus facilities, including campus residences, and security considerations used in the maintenance of campus facilities.
(C) A statement of current policies concerning campus law enforcement, including—
(i) the enforcement authority of security personnel, including their workingrelationship with State and local police agencies; and
(ii) policies which encourage accurate and prompt reporting of all crimes tothe campus police and the appropriate police agencies.
(D) A description of the type and frequency of programs designed to inform studentsand employees about campus security procedures and practices and toencourage students and employees to be responsible for their own security andthe security of others.
(E) A description of programs designed to inform students and employees about theprevention of crimes.
(F) Statistics concerning the occurrence on campus, in or on non-campus buildingsor property, and on public property during the most recent calendar year, andduring the 2 preceding calendar years for which data are available –
(i) of the following criminal offenses reported to campus security authoritiesor local police agencies:
(I) murder;
(II) sex offenses, forcible or non-forcible;
(III) robbery;
(IV) aggravated assault;
(V) burglary;
(VI) motor vehicle theft;
(VII) manslaughter;
(VIII) arson; and
(IX) arrests or persons referred for campus disciplinary action forliquor law violations, drug-related violations, and weaponspossession; and
(ii) of the crimes described in sub-clauses (I) through (VIII) of clause (I), andother crimes involving bodily injury to any person in which the victim isintentionally selected because of the actual or perceived race, gender,religion, sexual orientation, ethnicity, or disability of the victim that arereported to campus security authorities or local police agencies, whichdata shall be collected and reported according to category of prejudice.
(G) A statement of policy concerning the monitoring and recording through localpolice agencies of criminal activity at off-campus student organizations which arerecognized by the institution and that are engaged in by students attending theinstitution, including those student organizations with off-campus housingfacilities.
(H) A statement of policy regarding the possession, use, and sale of alcoholicbeverages and enforcement of State underage drinking laws and a statement ofpolicy regarding the possession, use, and sale of illegal drugs and enforcementof Federal and State drug laws and a description of any drug or alcohol abuseeducation programs as required under section 1011I of this title.
(I) Redesignated (H)
(2) Nothing in this subsection shall be construed to authorize the Secretary to requireparticular policies, procedures, or practices by institutions of higher education withrespect to campus crimes or campus security.
(3) Each institution participating in any program under this subchapter and part C ofsubchapter I of chapter 34 of Title 42 shall make timely reports to the campus communityon crimes considered to be a threat to other students and employees described inparagraph (1)(f) that are reported to campus security or local law police agencies. Suchreports shall be provided to students and employees in a manner that is timely and thatwill aid in the prevention of similar occurrences.
(4) (A) Each institution participating in any program under this subchapter [20 U.S.C.A. §1070 et seq.] and part C of subchapter I of chapter 34 of Title 42 [42 U.S.C.A. §2751 et seq.] that maintains a police or security department of any kind shallmake, keep, and maintain a daily log, written in a form that can be easilyunderstood, recording all crimes reported to such police or security department,including –
(i) the nature, date, time, and general location of each crime; and
(ii) the disposition of the complaint, if known.
(B) All entries that are required pursuant to this paragraph shall, except where
(i) disclosure of such information is prohibited by law or such disclosurewould jeopardize the confidentiality of the victim, be open to publicinspection within two business days of the initial report being made to thedepartment or a campus security authority.
(ii) if new information about an entry into a log becomes available to a policeor security department, then the new information shall be recorded in thelog not later than two business days after the information becomesavailable to the police or security department.
(iii) If there is clear and convincing evidence that the release of suchinformation would jeopardize an ongoing criminal investigation or thesafety of an individual, cause a suspect to flee or evade detection, orresult in the destruction of evidence, such information may be withhelduntil that damage is no longer likely to occur from the release of suchinformation.
(4) On an annual basis, each institution participating in any program under this subchapterand part C of subchapter I of chapter 34 of Title 42 [42 U.S.C.A. § 2751 et seq.] shallsubmit to the Secretary a copy of the statistics required to be made available underparagraph (1)(f). The Secretary shall –
(A) review such statistics and report to the Committee on Education and theWorkforce of the House of Representatives and the Committee on Labor andHuman Resources of the Senate on campus crime statistics by September 1,2000;
(B) make copies of the statistics submitted to the Secretary available to the public;and
(C) in coordination with representatives of institutions of higher education, identifyexemplary campus security policies, procedures, and practices and disseminateinformation concerning those policies, procedures, and practices that haveproven effective in the reduction of campus crime.
(6) (A) In this subsection:
(i) The term "campus" means –
(I) any building or property owned or controlled by an institution ofhigher education within the same reasonably contiguousgeographic area of the institution and used by the institution indirect support of, or in a manner related to, the institution’seducational purposes, including residence halls; and
(II) property within the same reasonably contiguous geographic areaof the institution that is owned by the institution but controlled byanother person, is used by students, and supports institutionalpurposes (such as a food or other retail vendor).
(ii) The term "non-campus building or property" means –
(I) any building or property owned or controlled by an institution ofhigher education within the same reasonably contiguousgeographic area of the institution and used by the institution indirect support of, or in a manner related to, the institution’seducational purposes, including residence halls; and
(II) any building or property (other than a branch campus) owned orcontrolled by an institution of higher education that is used indirect support of, or in relation to, the institution’s educationalpurposes, is used by students, and is not within the samereasonably contiguous geographic area of the institution.
(iii) The term "public property" means all public property that is within thesame reasonably contiguous geographic area of the institution, such as asidewalk, a street, other thoroughfare, or parking facility, and is adjacentto a facility owned or controlled by the institution if the facility is used bythe institution in direct support of, or in a manner related to theinstitution’s education purposes.
(B) In cases where branch campuses of an institution of higher education, schoolswithin an institution of higher education, or administrative divisions within aninstitution are not within a reasonably contiguous geographic area, such entitiesshall be considered separate campuses for purposes of the reportingrequirements of this section.
(7) The statistics described in paragraph (1)(F) shall be compiled in accordance with thedefinitions used in the uniform crime reporting system of the Department of Justice,Federal Bureau of Investigation, and the modifications in such definitions as implementedpursuant to the Hate Crime Statistics Act. Such statistics shall not identify victims ofcrimes or persons accused of crimes.
(8) (A) Each institution of higher education participating in any program under thissubchapter and part C of subchapter 1 of chapter 34 of Title 42 shall develop anddistribute as part of the report described in paragraph (1) a statement of policyregarding- -
(i) such institution’s campus sexual assault programs, which shall be aimedat prevention of sex offenses; and
(ii) the procedures followed once a sex offense has occurred.
(B) The policy described in subparagraph (A) shall address the following areas:
(i) Education programs to promote the awareness of rape, acquaintancerape, and other sex offenses.
(ii) Possible sanctions to be imposed following the final determination of anon-campus disciplinary procedure regarding rape, acquaintance rape, orother sex offenses, forcible or non-forcible.
(iii) Procedures students should follow if a sex offense occurs, including whoshould be contacted, the importance of preserving evidence as may benecessary to the proof of criminal sexual assault, and to whom thealleged offense should be reported.
(iv) Procedures for on-campus disciplinary action in cases of alleged sexualassault, which shall include a clear statement that - -
(I) the accuser and the accused are entitled to the sameopportunities to have others present during a campusdisciplinary proceeding; and
(II) both the accuser and the accused shall be informed of theoutcome of any campus disciplinary proceeding brought alleginga sexual assault.
(v) Informing students of their options to notify proper law enforcementauthorities, including on-campus and local police, and the option to beassisted by campus authorities in notifying such authorities, if the studentso chooses.
(vi) Notification of students of existing counseling, mental health or studentservices for victims of sexual assault, both on campus and in thecommunity.
(vii) Notification of students of options for, and available assistance in,changing academic and living situations after an alleged sexual assaultincident, if so requested by the victim and if such changes arereasonably available.
(C) Nothing in this paragraph shall be construed to confer a private right of actionupon any person to enforce the provisions of this paragraph.
(9) The Secretary shall provide technical assistance in complying with the provisions of thissection to an institution of higher education who requests such assistance.
(10) Nothing in this section shall be construed to require the reporting or disclosure ofprivileged information.
(11) The Secretary shall report to the appropriate committees of Congress each institution ofhigher education that the Secretary determines is not in compliance with the reportingrequirements of this subsection.
(12) For purposes of reporting the statistics with respect to crimes described in paragraph
(1)(F), an institution of higher education shall distinguish, by means of separatecategories any criminal offenses that occur - -
(A) on campus;
(B) in or on a non-campus building or property;
(C) on public property; and
(D) in dormitories or other residential facilities for students on campus.
(13) Upon a determination pursuant to section 1094(c)(3)(B) of this title that an institution ofhigher education has substantially misrepresented the number, location, or nature of thecrimes required to be reported under this subsection, the Secretary shall impose a civilpenalty upon the institution in the same amount and pursuant to the same procedures asa civil penalty is imposed under section 1094(c)(3)(B) of this title.
(14) (A) Nothing in this subsection may be construed to - -
(i) create a cause of action against any institution of higher education or anyemployee of such an institution for any civil liability; or
(ii) establish any standard of care.
(B) Notwithstanding any other provision of law, evidence regarding compliance orNoncompliance with this subsection shall not be admissible as evidence in anyproceeding of any court, agency, board, or other entity, except with respect to anaction to enforce this subsection.
15) This subsection may be cited as the "Jeanne Clery Disclosure of Campus Security Policyand Campus Crime Statistics Act".