Clery Act 2008 Revisions - Cornell University Police

Report
Public Safety Advisory Committee
April 24, 2013
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 The "Clery Act" is named in memory of 19
year-old university freshman Jeanne Ann
Clery who was raped and murdered in her
residence hall room on April 5, 1986.
 Perpetrator was another student whom she did
not know
 Led to a national awareness of campus crime
 Federal Jeanne Clery Act.
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 The Jeanne Clery Disclosure of Campus Security Policy
and Campus Crime Statistics Act (20 USC § 1092(f)) is the
landmark federal law, originally known as the Campus
Security Act that requires colleges and universities across
the United States to disclose information about crime on
and around their campuses.
 It is tied to participation in federal student financial aid programs
and applies to most institutions of higher education both public
and private.
 It is enforced by the U.S. Department of Education
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 Annual Security Report
 Statements of Policy
 Campus Crime Statistics
 Campus Sexual Assault Victim’s Rights

Ongoing Disclosures
 Emergency Notification
 Timely Warnings
 Public Crime Log

U.S. Department of Education Enforcement
 $35,000 fine per violation per day
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• Originally passed in 1990 as part of the Student
Right-to‐Know and Campus Security Act.
• Amended in 1992, 1998 and 2008 by the Higher
Education Amendments.
• Codified at 20 USC 1092(f); Regulations appear at
34 CFR 668.46.
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• Reasonable changes to academic and living situations
• Referrals to counseling, assistance in notifying law
•
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enforcement
Same opportunity as accused to have others present at
disciplinary hearing
Unconditionally notified of outcome of hearing,
sanctions and terms of sanctions in place
Speak (or choose not to speak) to anyone regarding the
outcome
Name and identifying information kept confidential
(FERPA)
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• Signed into law on March 7, 2013.
Covers student and staff of institution.
• Most dramatic expansion to sexual
violence reporting and policy since 1992.
• Codified portions of the April 4, 2011
“Dear Colleague Letter“ issued by DOE.
•
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 SaVE adds the following offenses to the
list of criminal offenses for which
statistics must be reported:
 Domestic Violence
 Dating Violence, and
 Stalking
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 New Policy Statements in the Annual Security
Report:
 Description of “programs to prevent domestic
violence, dating violence, sexual assault, and
stalking;” and
 Institutional procedures followed “once an incident of
domestic violence, dating violence, sexual assault, or
stalking has been reported.”
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 Requirements for primary prevention and
awareness programs for all incoming students
and new employees addressing:
 Institutional prohibition against domestic violence,
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dating violence, sexual assault, and stalking;”
Definitions under state law
Definitions of consent
Options for bystander intervention
Information on risk reduction
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 Institutions are also required to offer ongoing
prevention and awareness campaigns for students
and faculty which address these issues as well.
 The ASR must also describe the rights of victims and
institution’s responsibilities regarding:
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Orders of protection
No Contact orders
Restraining orders, or
Similar lawful orders issued by a criminal, civil or tribal
court
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 SaVE also mandates specific elements of the student
conduct process (as well as the employee conduct
process) in cases involving alleged domestic
violence, dating violence, sexual assault, or stalking
including:
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Prompt and equitable investigation and resolution;
Conducted by officials who receive annual training on the
issues related to domestic violence, dating violence,
sexual assault, or stalking and how to conduct an
investigation and hearing process that protects the
safety and victims and promotes accountability.
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 Both the accuser and the accused shall be
simultaneously informed, in writing, of
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The outcome of any disciplinary proceeding that “arises
from an allegation of domestic violence, dating violence,
sexual assault, or stalking, “
The Institutions procedures for “the accused and the
victim to appeal the results of the Institutional disciplinary
proceeding,”
Any change in the results before they become final, and
When the results become final.
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SaVE requires that any student or employee
who reports to the institution that the student
or employee has been a victim of domestic
violence, dating violence, sexual assault, or
stalking must be provided a written explanation
of the rights and options for victims.
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