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Sexual Assault on Campus

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act

The Crime Awareness and Campus Security Act was amended and re-named the Clery Act in October of 1998. Final Regulations were published on November 1, 1999.

Clery Act Compliance Requirements

Publish and distribute an annual Campus Security Report (by October 1 of each year) that includes:

1. 3 years of on/off (at leased/rented locations, for ex.) campus crime statistics only certain crimes must be reported under the Clery Act. Crime must be reported to police or to a campus security authority
2. university policy statements and program descriptions must include policy statement about “voluntary, confidential” reporting if case is handled by this “voluntary” site, must be included in stats
3. procedures to be followed in sex offenses

Who is a ‘campus security authority’? The Final Rule states: a dean of students who oversees student housing, a student center, or student extracurricular activities; a director of athletics, team coach, advocate, or a faculty advisor to a student group. (This probably does not include a single teaching faculty member.) It can include physicians, counseling staff, and campus clerics because there is no requirement to disclose privileged information.

When is a crime ‘reported’? A crime is reported when a victim or witness brings it to the attention of the police or a campus security authority. **It is not required that a crime report be made to, or be investigated by, the police or a ‘security officer’ or that a finding of guilt or ‘responsibility’ be made. Unless there is proof that the incident did not occur or the victim recants the story, the case must be considered founded (listed as occurred).

Crimes are to be recorded under the calendar year when they were reported.

This report must appear within a single document. It may be published in multiple formats: electronic (email, website) or print (student handbook, separate brochures)

Inform prospective students and employees about the Campus Security Report

All current students and staff must be provided directly a copy of this report. Email is OK or on a website as long as members know where to find it.

Provide timely notice to the campus on crimes considered threats to safety

Maintain a public log of all reported crimes.

Such a log has existed in VA for 10 years already. This log needs be available only from 8am-5pm Monday-Friday of each week.

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