How The Clery Act Became Law

The Clery Act, or the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, was signed into law in 1990 following the rape and murder of 19-year-old Jeanne Clery at Lehigh University in 1986. The attack on Clery was one of 38 violent crimes recorded at the university in three years, and it triggered a backlash against unreported crime on campuses across the country. The law is named after Clery and was passed following the tireless efforts of her parents, Connie and Howard Clery.

The murder of Jeanne Clery

On April 5, 1986, Jeanne Clery, a 19-year-old freshman at Lehigh University, was raped and murdered in her dormitory by Josoph M. Henry, another student at the university. Clery was asleep in her room when Henry entered, awakened her while burglarizing her room, and then beat, cut, raped, sodomized, and strangled her.

Henry was a former honors student who had flunked out of school and had a history of violence and alcohol abuse. He confessed to the murder and was subsequently reported to the police and arrested. He was tried and convicted of murdering and raping Clery and was sentenced to death, but he later agreed to drop all appeals in exchange for life imprisonment without parole.

Clery's parents believed that the university had failed to share vital information about campus safety and that their daughter's murder was the result of inadequate security measures. They learned that there had been 37 to 38 violent crimes on the Lehigh campus in the three years before her death and sued the university on the basis that had they published crime records, their daughter would not have chosen to attend. They were awarded $2 million in damages.

As a result of their tragedy, Clery's parents, Connie and Howard, campaigned for legislative reform for several years, advocating for greater transparency around campus crime policy and statistics. Their efforts led to the passage of the Clery Act in 1990, a federal law requiring colleges and universities that participate in federal student financial aid programs to report crime statistics, alert their campuses of imminent dangers, and distribute an Annual Campus Security Report. The Clery Act has since been amended to include additional reporting requirements, such as domestic violence, dating violence, and stalking.

The tireless efforts of Connie and Howard Clery

The Clery Act, officially named the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, was signed into law in 1990 by President George H.W. Bush. The tireless efforts of Connie and Howard Clery, the parents of Jeanne Clery, were instrumental in the enactment of this federal legislation.

In 1986, their 19-year-old daughter, Jeanne, a freshman at Lehigh University, was brutally raped and murdered in her campus residence hall. This tragic incident triggered a nationwide backlash against unreported crimes on college campuses. The Clerys, devastated by the loss of their daughter, channelled their grief into advocacy. They argued that had the university's crime record been known, Jeanne would not have attended Lehigh University. They sued the university and were awarded $2 million in damages.

Connie and Howard Clery's unwavering determination to prevent similar tragedies from occurring again led them to found Security on Campus, a nonprofit organisation. Their advocacy efforts were focused on increasing transparency around campus crime policies and statistics. They recognised the need for colleges and universities to be accountable for campus safety and to provide accurate information to current and prospective students and employees.

The Clery Act is a testament to the tireless work of Connie and Howard Clery. The federal law mandates colleges and universities that receive federal financial aid to maintain and disclose campus crime statistics and security information. It requires these institutions to record campus crimes in a daily log, publish annual security reports, identify campus security authorities, compile statistics of Clery crimes, issue timely warnings and emergency notifications, and conduct impartial disciplinary proceedings for cases of dating violence, domestic violence, sexual assault, and stalking.

The legacy of Jeanne Clery and the relentless advocacy of her parents have left an indelible mark on campus safety policies. Their efforts have empowered students, employees, and families with knowledge and awareness, ensuring that campus communities across the nation are better protected.

The College and University Security Act

The Clery Act mandates that all colleges and universities that participate in federal financial aid programs must keep and disclose information about crime on and near their campuses. This includes public and private institutions that receive any federal funding. The Act requires these institutions to publish an Annual Security Report (ASR) by October 1st each year, containing the previous three years' worth of crime statistics and summaries of existing campus safety policies and procedures. Institutions must also maintain a daily crime log that is accessible to the public during business hours.

The Clery Act also addresses the rights of victims, requiring colleges to provide written explanations of rights and options to victims of dating violence, domestic violence, sexual assault, and stalking. Institutions must also offer prevention and awareness programs on these issues to students and employees on an ongoing basis. Additionally, the Act mandates timely warnings of crimes that pose a threat to the safety of the campus community and emergency notifications in the event of an immediate threat to health or safety.

The Clery Act has undergone several amendments since its enactment, including the addition of reporting requirements for domestic violence, dating violence, and stalking in 2014, and the expansion of its scope through the Higher Education Opportunity Act, which provided for broader hate crimes reporting, emergency response provisions, and whistleblower protections.

The need for transparency around campus crime policy and statistics

The Clery Act, passed in 1990, is a federal consumer protection law that requires colleges and universities to be transparent about campus crime policy and statistics. The law was named after Jeanne Clery, a 19-year-old Lehigh University student who was raped and murdered in her campus residence hall in 1986. Her tragic death brought to light the issue of unreported crimes on campuses across the United States.

The Clery Act mandates that colleges and universities that receive federal funding must maintain and disclose comprehensive campus crime statistics and security information. This includes publishing an Annual Security Report (ASR) by October 1st of each year, which provides crime statistics for the previous three years, as well as summaries of existing campus safety policies and procedures. This report is crucial for current and prospective students and employees to make informed decisions about their safety.

Additionally, the Act requires institutions to maintain a daily crime log, accessible to the public, that records the nature, date, time, and location of all reported crimes. This ensures that the campus community is aware of recent criminal activity and can take necessary precautions. The Act also includes provisions for timely warnings, requiring institutions to notify the community of crimes that pose a serious or ongoing threat to their safety.

The Clery Act also addresses the issue of underreporting by mandating that colleges and universities support victims of violence and provide them with specific rights and resources. This includes written explanations of their rights and options, such as reporting options, accommodation requests, and access to counselling and legal services.

Furthermore, the Act requires institutions to offer prevention and awareness programs to both new and current students and employees. These programs focus on recognising the warning signs of crimes, addressing root causes, and promoting bystander intervention and risk reduction strategies.

By enforcing transparency and accountability, the Clery Act empowers students, employees, and the wider campus community to make informed decisions about their safety and well-being. It also holds educational institutions accountable for creating and maintaining safe and secure environments for their students and staff.

The expansion of the Clery Act's scope

The Clery Act, signed into law in 1990, was named after Jeanne Clery, a 19-year-old Lehigh University student who was raped and murdered in her campus residence hall in 1986. The attack on Clery was one of 38 violent crimes recorded at the university in three years. The law was passed following the tireless efforts of Clery's parents, Connie and Howard Clery.

• Buckley Amendments (1992): Sponsored by Senator James Buckley, these amendments addressed the confidentiality of records kept by campus police and security personnel. They clarified that these records, maintained for law enforcement purposes, are not considered confidential "education" records under federal law, specifically the Family Educational Rights and Privacy Act (FERPA).
• Campus Sexual Assault Victims' Bill of Rights: This amendment granted campus sexual assault victims certain basic rights, including assistance in notifying law enforcement. It mandated that colleges and universities establish policies to address campus sexual assault.
• Campus Courts Disclosure Provision (1998): This provision removed protection from disclosure for the final results of student disciplinary cases involving violent crimes or non-forcible sex offenses. However, it continued to protect the privacy of victim information.
• Campus Sex Crimes Prevention Act (2000): This amendment required campus law enforcement or public safety entities to include a statement in their Annual Security Report (ASR) advising the campus community on where to obtain law enforcement information about registered sex offenders.
• Higher Education Opportunity Act: This act further expanded the Clery Act's scope by enhancing emergency response and notification provisions, broadening the categorization of hate crimes reporting, providing safeguards for whistleblowers, and mandating annual Department of Education reporting on Clery Act compliance.
• Violence Against Women Act (VAWA) Amendments (2013): This landmark federal law introduced extensive provisions to strengthen the criminal justice response to sexual and domestic violence against women. Section 304 of VAWA specifically amended the Clery Act by adding additional reportable crimes.
• Title IX Changes (2020): The Department of Education released new Title IX regulations in 2020, during the COVID-19 pandemic, outlining how institutions of higher education must handle incidents of dating violence, domestic violence, sexual assault, and stalking. These changes created some misalignment between Title IX and the Clery Act, potentially impacting institutions and survivors.
• Report and Educate About Campus Hazing (REACH) Act (2021): This bipartisan legislation aimed to include hazing incidents as part of a college's annual crime report under the Clery Act. It also sought to establish a clear definition of hazing to clarify reportable offenses.

These expansions of the Clery Act's scope have contributed to increased transparency and accountability regarding campus crime and safety, reflecting a commitment to fostering safer educational environments.

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