Clery Primer 2012 UVM Legal Issues Conference


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Clery Primer 2012 UVM Legal Issues Conference

  1. 1. A Clery Act Primer Steven J. HealyMargolis Healy & Associates
  2. 2. Tweet Tweet @margolishealy #uvmhighered© Margolis Healy & Associates, LLC
  3. 3. Agenda • Clery Act 101 • Trends in Dept. of ED Program Reviews • 5 Ways to Immediately Enhance Compliance© Margolis Healy & Associates, LLC
  4. 4. Clery Act 101 (for the rest of us)• 1986: Jeanne Clery murdered at Lehigh University• 1988: Pennsylvania Act 73• 1990: Federal Crime Awareness & Campus Security Act• 1992: Campus Sexual Assault Victims’ Bill of Rights• 1994: Campus Security Act Regulations• 1998: Higher Education Act Amendments• 1999: Clery Act Regulations Issued• 2000: Campus Security Statistics Website• 2002: Campus Sex Crimes Prevention Act• 2005: ED’s Clery Handbook Published• 2008: Higher Education Opportunity Act 2008• 2009: Final Campus Safety Regulations• 2010: Handbook for Campus Safety & Security Reporting• TBD: Campus SaVE Act © Margolis Healy & Associates, LLC
  5. 5. What is this thing called “Clery?” • A consumer rights bill • An institutional responsibility • Not JUST campus public safety • Campus-wide collaboration and cooperation are essential© Margolis Healy & Associates, LLC
  6. 6. Clery Act 101 • Publish & distribute an Annual Security Report w/various policy statements, policies and statistics (October 1) • Submit crime statistics to U.S. Dept. of Education • Provide timely notice and emergency notifications to the campus community • Maintain a public, daily log of reported crimes • Inform prospective students & employees about the Annual Security Report© Margolis Healy & Associates, LLC
  7. 7. Trends • Significant increase in # of Program Reviews  2011, ED issued 2x’s the # of FPRD it issued in the previous 2 years • Compliance Team more robust = greater capacity (and they’re GOOD) • Reviews more comprehensive (includes Part 86 compliance in addition to Clery)© Margolis Healy & Associates, LLC
  8. 8. ED – Coming Soon to a Campus Near You! • If you have a problem, you have a PROBLEM! • ED proactively focuses on campus incidents and local, regional, national headlines  Virginia Tech  Bowie State University  Morgan State University  Penn State  University of Montana© Margolis Healy & Associates, LLC
  9. 9. What’s a Campus to Do? Do your best to Prevent/Mitigate, Prepare for, Respond to, and Recover from critical incidents© Margolis Healy & Associates, LLC
  10. 10. 5 Ways to Enhance Compliance© Margolis Healy & Associates, LLC
  11. 11. 5 Ways to Enhance Compliance1. Formally appoint a Clery Act Compliance Coordinator. • Processes, on-going data gathering and campus collaboration, demand focus • At a minimum, 50% of time dedicated to Clery • Coordinator leads Clery Act Committee  Formally chartered group of administrators should guide the institution’s Clery compliance activities.  Size doesn’t matter© Margolis Healy & Associates, LLC
  12. 12. 5 Ways to Enhance Compliance2. Review your required policies. • Ensure policies and policy statements are updated and represent your current practices • Review at least annually • Emphasis on policies governing Timely Warning Reports, Campus Sexual Assault Programs, Emergency Notifications and Missing Students© Margolis Healy & Associates, LLC
  13. 13. 5 Ways to Enhance Compliance3. Identify and train your campus security authorities. • Use org. chart to identify those officials who have significant responsibilities for students and campus activities. Deans, directors, and coaches are a start. • You likely have hundreds, possibly thousands • Conduct in-person training for Tier 1/Tier 2 CSAs • On line for others© Margolis Healy & Associates, LLC
  14. 14. 5 Ways to Enhance Compliance4. Fail proof your crime and arrest/referral data collection process • Flowchart your process for collecting data from required sources • Are there offices that have disciplinary systems that you’re not aware of, or have confusion over, what has to be reported? • Do you have the necessary forms to facilitate data collection? • Test your system often© Margolis Healy & Associates, LLC
  15. 15. 5 Ways to Enhance Compliance 5. Identify and track all of your safety awareness and crime prevention programs. • Give credit where credit is do; many ASRs omit the programs offered by other campus departments. • Maintain an inventory of all campus programs and update as needed. • Ensure you list both type and frequency of all programs in your ASR. • Don’t go to MSU© Margolis Healy & Associates, LLC
  16. 16. 5 Ways to Enhance Compliance© Margolis Healy & Associates, LLC
  17. 17. Contact Information 866-817-5817© Margolis Healy & Associates, LLC
  18. 18. YOUR FREE GUIDE TOCAMPUS SAFETY & SECURITY• Research and compare crime data for over 4,400 schools• Access relevant safety resources• Plan for a safe spring break and travel abroad experience• Get breaking campus safety and security-related news