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The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act or Clery Act, signed in 1990, is a federal statute codified at 20 U.S.C. § 1092(f) , with implementing regulations in the U.S. Code of Federal Regulations at 34 C.F.R. 668.46 .
The Clery Act requires all colleges and universities that participate in federal financial aid programs to keep and disclose information about crime on and near their respective campuses. Compliance is monitored by the United States Department of Education, which can impose civil penalties, up to $54,789 per violation, against institutions for each infraction and can suspend institutions from participating in federal student financial aid programs.
The law is named after Jeanne Clery, a 19-year-old Lehigh University student whom Josoph Henry raped and murdered in her campus hall of residence in 1986. Henry's murder of Ms. Clery triggered a backlash against unreported crime on campuses across the country.
This summary is from Wikipedia.
Last updated Oct 11, 2018. Source: WikipediaThe summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Oct 16, 1990.
Student Right-To-Know and Campus Security Act - Title I: Student Right-To-Know - Student Right-To-Know Act - Amends the Higher Education Act of 1965 (HEA) to require all institutions of higher education participating in any program under HEA title IV (Student Assistance) to disclose the completion or graduation rate of certificate- or degree-seeking, full-time students entering those institutions. Sets forth formulas for determining such rates. Allows institutions to exclude from such rates students who leave school to serve in the armed services, on official church missions, or with a recognized Federal foreign aid service. Directs the Secretary of Education (the Secretary) to analyze the feasibility and desirability of making available to students and potential students institutional rates of: (1) completion or graduation by program or field of study and by individual schools or academic divisions; (2) graduates passing applicable occupational licensure or certification examinations; (3) graduates obtaining employment in occupations for which they trained; and (4) other appropriate institutional outcomes. Requires the Secretary to report on such analysis to the appropriate congressional committees before August 1, 1991. Requires any such institution which participates in HEA student assistance programs and which is attended by students receiving athletically related student aid to provide certain information with respect to the graduation rates of student-athletes. Includes information on race and sex under such requirement. Requires separate categories of such information for: (1) basketball; (2) football; (3) baseball; (4) cross-country/track; and (5) all other sports combined. Requires such institutions to: (1) report such information annually to the Secretary; and (2) provide it to the student and the student's parents, guidance counselor, and high school coach when the institution offers a potential student-athlete any athletically related student aid. Allows institutions to: (1) exclude from such rates students and student athletes who leave school to serve in the armed forces, on official church missions, or with a recognized Federal foreign aid service; and (2) provide supplemental information showing such rates when they include student transfers into and out of the institution. Directs the Secretary to publish a report containing such information. Directs the Secretary to waive the requirements of this Act for any institution of higher education which is a member of an athletic association or conference that voluntarily publishes (or has already agreed to publish) graduation data substantially comparable to that required under this Act. Directs the Secretary, in conjunction with the National Junior College Athletic Association, to develop and obtain data on completion or graduation rates from two-year colleges that award athletically related student aid. Directs the Secretary to analyze the feasibility of a requirement that higher education institutions compile and report on the revenues derived and expenditures made (per sport) by their athletic department and intercollegiate athletic activities. Requires the Secretary to report on such matters to the appropriate congressional committees before April 1, 1991. Title II: Crime Awareness and Campus Security - Crime Awareness and Campus Security Act of 1990 - Amends the General Education Provisions Act to declare that certain privacy rights shall not be construed to prohibit an institution of postsecondary education from disclosing to an alleged victim of a violent crime the results of any disciplinary proceeding conducted by such institution against the crime's alleged perpetrator with respect to such crime. Amends HEA to require each eligible institution of higher education participating in any program under student assistance (title IV) provisions of HEA to prepare, publish, and distribute to all current students and employees, and to any applicant for enrollment or employment upon request, an annual report containing specified types of information with respect to its campus security policies and campus crime statistics. Requires each such institution to make timely reports on specified types of crimes reported to campus security or local law enforcement authorities, and to distribute such reports to students and employees in a timely manner. Directs the Secretary of Education to: (1) review certain requested campus crime statistics and report to specified congressional committees by September 1, 1995; and (2) identify exemplary campus security policies, procedures, and practices and disseminate information on those that have been effective in reducing campus crime. Provides that branch campuses, schools, or administrative divisions shall be considered separate campuses for purposes of such reporting requirements if they are not within a reasonably contiguous area of the main institution. Requires campus crime statistics to be compiled in accordance with the definitions used in the uniform crime reporting systems of the Department of Justice, Federal Bureau of Investigation, and the Hate Crime Statistics Act. Requires, under specified student aid program participation agreements under HEA, each institution of higher education to certify that it: (1) has established a campus security policy; and (2) has complied with the requirements for disclosure of campus security policy and campus crime statistics. Title III: Calculation of Default Rates - Amends HEA provisions relating to the calculation of student loan default rates to specify which types of loans should be included for purposes of cohort default rate calculation. Title IV: Conforming Regulations - Authorizes the Secretary of Education to issue regulations to carry out this Act. Suspends specified Federal regulations.
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