1. A Clery Act Primer
Steven J. Healy
Margolis Healy & Associates

2. Tweet Tweet
@margolishealy
#uvmhighered
© Margolis Healy & Associates, LLC

3. Agenda
• Clery Act 101
• Trends in Dept. of ED Program Reviews
• 5 Ways to Immediately Enhance
Compliance
© Margolis Healy & Associates, LLC

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. 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. 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. 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. 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. 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. 5 Ways to Enhance
Compliance
© Margolis Healy & Associates, LLC

11. 5 Ways to Enhance
Compliance
1. 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. 5 Ways to Enhance
Compliance
2. 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. 5 Ways to Enhance
Compliance
3. 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. 5 Ways to Enhance
Compliance
4. 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. 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. 5 Ways to Enhance
Compliance
© Margolis Healy & Associates, LLC

17. Contact Information
www.margolishealy.com
866-817-5817
www.slideshare.net/margolishealy
© Margolis Healy & Associates, LLC

18. YOUR FREE GUIDE TO
CAMPUS 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