Why Clery Still Matters

Why Clery Still Matters

 

Previously: COVID-19 & Clery FAQs | Campus Safety Strategies, Tips, & Resources for COVID-19 | COVID-19 & Clery FAQs: Clery Geography

Over the past few weeks we’ve fielded questions from many of you as to how the Clery Act applies in response to COVID-19. When the Clery Act was enacted in 1990, lawmakers likely could not have predicted what campuses are facing right now. While amendments to the Clery Act account for what an institution should do to inform its community of an impending threat to health and safety, existing guidance does not, and likely cannot, fully address all the unique circumstances you’re navigating as a campus facing a global pandemic extending for months on end, disrupting our day-to-day life and work.

Several questions we’ve received are connected to whether or not the campus is following Clery “correctly” which is difficult to measure in the face of ever-shifting circumstances that include moving all academic offerings online, requiring all that can leave campus do so, and converting campus buildings like residence halls or athletic facilities into temporary housing or medical centers.

The Department of Education’s Office of Financial Student Aid (within which the Clery Compliance Division is housed) released updated guidance on Friday, April 3, which contains a small section focusing on emergency notification.  As ED has not issued new guidance on other aspects of Clery, it is reasonable to expect they are not planning to exercise their enforcement authority unnecessarily during this crisis.  As with similar situations, ED has expressed a desire to remain flexible and open to new needs as they arise, to the best of their ability.

As a result, there might be temptation to think through ways in which you can save time, money, and resources, particularly as institutions are looking ahead to a potentially grim financial future in the coming months. And while it may be a time of tough choices, we urge you to reconsider plans to cut campus safety or violence prevention and response services at this time. Uncertainty and fear cause an uptick in violence—support services are needed as soon as possible to respond to these occurrences or hopefully prevent them from occurring.

Here are a few considerations to focus on right now in relation to campus safety and the Clery Act:

  • Reporting crimes: Individuals should still be able to report crimes remotely so it’s good to revisit or remind folks of how they would report any crime, one occurring now within the institution’s Clery geography or patrol jurisdiction or one that occurred previously that they are just now feeling comfortable sharing.
  • Providing information on rights and options: With domestic violence rates increasing as folks are compelled to remain home and have fewer options for safely going in public, it is crucial to provide those who report being a victim of such crimes written information on their rights and options through the institution, which include being assisted in notifying local law enforcement if they choose. If you are discovering you’d like to rework your current written notification of rights and options document here is a sample Clery Center created to get you started. Additionally, all students and employees should receive written information on and off campus service providers in the areas of health, mental health, counseling, advocacy, visa and immigration assistance, legal assistance, and student financial aid as those services relate to supporting victims of dating violence, domestic violence, sexual assault, and stalking.  It would be a good time to reissue that written information to all campus community members as those same service providers could be of particular use right now to folks struggling with personal challenges related to COVID-19 and social distancing.
  • Compiling Clery crime statistics for the ASR: Additionally, those of you composing annual security reports (ASRs) for the October 1, 2020 deadline are dealing with data from last year in reconciling statistics. Therefore, even though crime incident rates might be lower right now, there is still plenty of necessary work for Clery-adjacent roles to do.
  • Maintaining the daily crime log: A daily crime log should still be maintained if you have a campus security department in any capacity. Unfortunately, crimes might still occur and be reported, and should be logged just as during any other time of low occupancy on campus.

Reframing what matters can feel overwhelming when the ground is constantly shifting but centering yourself in the reasons Clery exists – to keep your community connected with information and resources – can help you maintain direction and purpose in your efforts even as you adapt them to the current needs of your community.