Clery Act

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) requires institutions that participate in Title IV student financial assistance programs to provide timely warnings of crimes that represent a threat to the safety of students or employees and to make public their campus security policies. It also requires that crime data be collected, reported, and disseminated to the campus community and to the U.S. Education Department annually.

The Clery Act is intended to protect students and their families with accurate, complete, and timely information about safety on campuses so that they can make informed decisions. Such disclosures are permitted under the Family Educational Rights and Privacy Act (FERPA). Visit the department's Campus Security website to learn more.

Regulations and Guidance

Clery Act Appendix for FSA Handbook (October 2020)

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act  (20 U.S.C. § 1092f; 34 CFR 668.46) See Section 1092(a) and Section 1092(f)

Regulations governing Institutional Security Policies and Crime Statistics

Frequently Asked Questions

• What does the Clery Act require?

   

  The Clery Act requires institutions that participate in Title IV student financial assistance programs to disclose campus crime statistics and other security information to students and the public. requires institutions to develop and implement specific campus safety and crime prevention policies and procedures. Institutions must:
  
  Collect, classify, and count crime reports and statistics
  Issue campus alerts and warning notices
  Publish an Annual Security Report (Due date: October 1)
  Disclose missing student notification procedures, when applicable
  Submit crime and fire statistics to the Department of Education, when applicable
  Disclose procedures for institutional disciplinary actions
  Provide educational programs and campaigns
  Keep a daily crime log, when applicable
  Disclose fire safety information, when applicable

   

• What is considered a crime under the Clery Act?

   

  Institutions must submit their crime statistics to the department as part of the annual data collection and survey, including the number of each of the following crimes that occurred on or within its Clery Geography and that are reported to local police agencies or to another official (as determined by the institution) campus security authority (CSA).
  
  Liquor Law Violations; Arson; Drug Abuse Violations; Murder; Rape; Robbery; Aggravated Assault; Burglary; Weapons Carrying, Possessing, etc. Law Violations; Motor Vehicle Theft; Fondling; Incest; Statutory Rape; Domestic Violence; Dating Violence; Stalking; All Hate Crimes

   

• What are the geographic areas for which an institution is responsible for disclosing crime statistics?

   

  In the Annual Security Report, institutions are required to record crimes by location. The three categories of locations subject to reporting are:
  
  Oncampus
  - Any building or property owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of, or in a manner related to, the institution’s educational purposes, including residence halls; and
  - Any building or property that is within or reasonably contiguous to the area identified in paragraph (i) of this definition, that is owned by the institution but controlled by another person, is frequently used by students, and supports institutional purposes (such as a food or other retail vendor).
  -- Oncampus subset: oncampus student housing is defined as "any student housing facility that is owned or controlled by the institution, or is located on property that is owned or controlled by the institution, and is within the reasonably contiguous geographic area that makes up campus."
  -- If an additional location, branch campus, school within the institution, or an administrative location is not within a reasonably contiguous area, such location would be considered a separate campus for reporting purposes.
  
  Noncampus building or property
  - Any building or property owned or controlled by a student organization recognized by the institution; or
  - Any building or property owned or controlled by an institution of higher education that is used in direct support of, or in relation to, the institution’s educational purposes, is used by students, and is not within the same reasonably contiguous geographic area of the institution.
  
  Public property
  - All public property that is within the same reasonably contiguous geographic area of the institution, such as a sidewalk, a street, other thoroughfare, or parking facility, and is adjacent to a facility owned or controlled by the institution if the facility is used by the institution in direct support of, or in a manner related to the institution’s educational purposes.
  
  Clery Geography requirements are intended to inform the campus community of crimes and keep them aware and safe. For Clery Geography reporting purposes, remember these principles:
  - Consistent with the regulatory framework, institutions should determine which buildings, facilities, parking lots, and real estate are included in the definition of the "campus."
  - Too much information can be just as detrimental as too little information.
  - When in doubt, apply the plain meaning of regulatory and statutory requirements.
  
  

   

• What are the reporting requirements under the Clery Act?

   

  There are specific reporting requirements under the Clery Act that institutions must adhere to:
  
  - Institutions must report to the Department of Education and disclose their Annual Security Report statistics for the three most recently completed calendar years.
  - Institutions must publish and disseminate an Annual Security Report by October 1st of each year.
  - Institutions that have on-campus residential facilities must also publish, by that same date, a Fire Safety Report.
  - Each year, the department sends a letter to presidents or chief executive officers of institutions with information on accessing the Campus Safety and Security Survey website, where schools submit Clery Act crime statistics for the three most recent calendar years for which there is available data.
  -- The website explains how to tabulate these statistics.
  -- The letter explains any changes to the survey, the collection dates for the survey, the name of the person who completed the reporting at the school the previous year, and a new ID and password for completing the survey.
  - Schools with on-campus student housing facilities must also submit an annual Fire Safety Report to the department.