On June 26, 2024, Federal Student Aid (FSA) issued an Electronic Announcement reminding institutions of their responsibilities under the Clery Act, which entails the following:
- Compilation and disclosure of campus crime statistics
- Maintenance of a daily crime log when required
- Integration of emergency evacuation and response protocols
- Creation and regular review of emergency management plans
Non-compliance with the act can result in a hefty fine. In March 2024, the Department of Education (ED) fined an institution $14 million after finding eleven areas of non-compliance. That amount would put quite a dent in most colleges’ budgets. Even more serious, and the reason we’re writing about it here in our blog, is that institutions can lose their ability to participate in the federal financial aid programs for continued non-compliance. While we don’t expect financial aid administrators to become Clery experts, it is important to know the basics of the Act, where additional resources can be found, and who on campus is responsible for ensuring the institution is meeting all the requirements. With this knowledge, you can ensure continuity when staff turns over in the department responsible for compliance.
Here are some common questions (and their answers) about the Clery Act to get you started:
Q: Who on campus is primarily responsible for Clery Act compliance?
A: The Act requires a ‘Campus Security Authority’ be designated and that role is defined as someone who is responsible for one or more of the following functions:
- Campus police or public safety department
- Having responsibility for campus security but not being part of a campus police or public safety department, for example, someone responsible for monitoring access to a building but not a campus police or public safety officer
- Someone identified as one to whom a crime can be reported
- Officials with significant responsibility for student or campus activities
Q: What is an Annual Security Report?
A: It is an annual report that includes three previous calendar years’ worth of Clery crime statistics plus details about efforts taken to improve campus safety. It must also include policy statements regarding crime reporting, campus facility security and access, law enforcement authority, alerting the campus community of potential ongoing threats or immediate health or safety concerns, incidence of alcohol and drug use, and the prevention of/response to dating violence, domestic violence, sexual assault, and stalking.
Q: What are reportable crimes under the Clery Act?
A: Criminal offenses like theft or assault, hate crimes, Violence Against Women Act offenses including stalking, and arrests for non-criminal offenses like drug possession and liquor law violations.
Q: What is ‘Clery Geography’?
A: The following locations comprise the ‘Clery Geography’:
- On-campus
- On-campus student housing (if an institution has such properties)
- Public property within campus bounds
- Public property immediately adjacent to and accessible from on-campus locations
- Non campus: Buildings and property owned or controlled by the institution that are used for educational purposes and frequently used by students but not a part of the core campus, or those owned or controlled by a student organization officially recognized by the institution
Q: How is the Clery Act different from Title IX?
A: Title IX provides civil rights protections for students to ensure safe and unfettered access to educational services while the Clery Act is an administrative requirement. They do overlap in certain circumstances when the reported crime is one that interfered with the student’s ability to access the educational services.
For more information check out the FSA Handbook, Volume 2, Chapter 6 (2023-2024) and the Clery Center website. You can also view the session recorded during the 2022 FSA Conference here.
We know if can be overwhelming for a financial aid administrator to keep up with all the functions outside the financial aid office that are regulated by FSA, so if you need assistance, the Higher Education Assistance Group has many resources to help you maintain compliance. Visit our website for more information about our compliance support and training services available.