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Recent Task Force Report Addresses Challenges to Clery Act Implementation

In 2013, a bipartisan group of U.S. Senators established the Task Force on Federal Regulation of Higher Education to examine federal regulation requirements of higher education and identify potential improvements. The Task Force, comprised of college and university officials, identified specific challenges and concerns and developed guiding principles to assist the Department of Education in the development, implementation and enforcement of regulations.

 

Last week, the Task Force released a document based on their findings, Recalibrating Regulation of Colleges and Universities: Report of the Task Force on Federal Regulation of Higher Education. The report provides information on the burden of federal regulation, the challenges to higher education in the current regulatory environment, and specific regulations of concern. Also included are recommendations to simplify and streamline federal regulations, as well as eliminate complicated and costly regulations, laws and reporting requirements.

 

Specific to the Clery Act, a few concerns addressed on pages 24-27 of the report, are as follows:

  • The Clery Act reporting definitions can conflict with the Uniform Crime Reporting definitions and the updated National Incident-Based Reporting System. This can create confusion for campus law enforcement.
  • The Clery Act mandates that colleges and universities disseminate Timely Warnings to the campus community notifying them about "serious or continuing" safety threats based on reported crimes. However, to ensure these warnings are effective, institutions need greater deference about when these warnings are appropriate and what information should be included.
  • The definition of non-campus property is unclear and exceedingly broad.

 

The National Center for Campus Public Safety has partnered with the Clery Center for Security on Campus and the International Association of Campus Law Enforcement Administrators Regional Conferences to facilitate a series of focus group discussions based on identifying challenges in the implementation of Clery Act regulations and developing specific recommendations to address those challenges and reclaim the spirit of the Clery Act. These recommendations will spark further discussions with practitioners and subject matter experts to inform future policy efforts. To help inform these policy discussions, please consider completing this brief survey.

 

On February 24th, the Senate Committee on Health, Education, Labor, and Pensions will hold a hearing to fully explore the report's findings and recommendations. 
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Promising Practices Related to Clery and Title IX 
 

The International Association of  Campus Law Enforcement Administrators (IACLEA), the International Association of Chiefs of Police (IACP) University/College Police Section, and the National Center for Campus Public Safety (NCCPS) recently teamed up to sponsor a Summit meeting, January 22-23, 2015, in Atlanta, GA, to identify promising practices in the area of investigations into sexual assaults and the coordination of efforts to meet the requirements of the Clery Act and Title IX of the U.S. Civil Rights Act. The meeting brought together practitioners and some of their local law enforcement counterparts to identify practices and make recommendations that would improve the investigatory and adjudicatory processes. A white paper that will capture the recommendations of this summit will be released in the spring.

Those in attendance identified a number of existing programs and practices that seem to be effective. However, we want to ensure that the report captures as many promising practices as possible throughout the U.S.

If you have a practice, policy or procedure that you believe would benefit other higher education institutions, we strongly encourage you to share it with us. Please send an email and any attachments to  cblake@iaclea.org by March 15. As a guide, we are looking for policies and procedures to include in the white paper in these areas:

  • Clery Reports
  • Increasing Reporting to Police
  • Information Sharing (internally and MOUs with outside agencies)
  • Investigation (campus public safety and Title IX)
  • Prosecutors
  • Training (campus public safety and Title IX)
  • Victim Services/Advocates
  • Timely Warnings
  • Hearings (Title IX, student judicial proceedings)

The initial white paper based on an earlier summit meeting held August 18-20, 2014 is available to download via our website library.

Please feel free to contact us with any questions.
Professional Development Opportunities

 

Title: American College Personnel Association (ACPA) 2015 Tampa Annual Convention      

Host: ACPA - College Student Educators International  

Dates: March 5-8, 2015

Location: Tampa, FL 

Fee: Registration Fee
Information and Trainings

Title: IACLEA Accreditation Manager Training Webinar   

Host: IACLEA

Dates:  March 5, 2015 from 1:30 - 3:30 PM ET

Location: Online
Fee: Free
Information and Registration

Title: Jeanne Clery Act Training Seminar      

Host: Clery Center for Security on Campus, University of Chicago

Dates: March 23-24, 2015   

Location: Chicago, IL       

Fee: Registration Fee
Information and Registration
This project was supported by Grant No. 2013-MU-BX-K011 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking. Points of view or opinions in this document are those of author and do not necessarily represent the official position or policies of the US Department of Justice.
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