Eliminate technical and trade schools from campus security reporting obligations

The campus security disclosure provisions of the Higher Education Act should apply only to traditional two and four year institutions.

Most technical and trade schools do not have the type of traditional campus environment that the campus crime reporting obligations are intended to apply to. Accordingly, students of these institutions do not benefit in the same way from these disclosures that students at two and four year institutions, many with residential facilities and extensive physical plants, do.

Proposal-Amend 20 U.S.C. 1092(f)(1) to read:

Each eligible two and four year institution participating in any program under this subchapter and part C of subchapter I of chapter 34 of title 42 shall on August 1, 1991, begin to collect the following information with respect to campus crime statistics and campus security policies of that institution.

Disclosure of complaint process, and non-retaliatory protection

Recipients of the campus security disclosures should be notified of how to file a complaint alleging non-compliance with the Higher Education Act's requirements, and participating institutions should be precluded from retaliating against applicants, students, or employees who file complaints.

Currently members of the campus community are not informed about how to file a complaint, and a school may legally retaliate against them for doing so which has a chilling effect on complaints.

Proposal-Amend 20 U.S.C. 1092(f)(1) by adding the following paragraphs:

A statement indicating that anyone who believes an institution is not in compliance with the campus security disclosure and sexual assault policy requirements of this subsection may file a complaint with the Department of Education and giving the most current address of and contact information for where complaints should be directed. Such statement shall indicate that the institution will not retaliate against any individual for filing a complaint.

No participating institution or agent of any such institution shall intimidate, threaten, coerce, or otherwise discriminate against any individual, including any campus police or security officer, for the purpose of interfering with the implementation of any provision of this subsection, or any rights or privileges accorded under this subsection, or because the individual has complained, testified, assisted, or otherwise participated in any aspect of an investigation, proceeding, or hearing to enforce this subsection.

Add public intoxication and driving under the influence to those criminal offenses institutions must report

Currently institutions don't have to report public intoxication or driving under the influence. Excluding these offenses gives an incomplete picture of crime on campus and they should be included.

Proposal-Amend 20 U.S.C. 1092(f)(1)(F)(i)(IX) to include the following:

arrests or persons referred for campus disciplinary action for liquor law violations, driving under the influence, drunkenness, drug-related violations, and weapons possession; and

Disclosure of crimes dealt with through student disciplinary proceedings

The final results of student disciplinary proceedings dealing with campus violence must be made public.

Under current federal law institutions may hide information about how they have dealt with crimes of violence or non-forcible sex offenses through student disciplinary proceedings. Requiring disclosure will allow students to know if a potentially dangerous student has been allowed to remain on campus, discouraging schools from allowing this to happen. It will also allow for public scrutiny of how the proceedings work, and to allow the public to see if any students are getting preferential treatment (i.e. student athletes).

Proposal-Amend 20 USC § 1092(f) by adding the following new paragraph:

(A) Each institution of higher education participating in any program under this subchapter and part C of subchapter I of chapter 34 of Title 42 shall publicly disclose the final results of any disciplinary proceeding conducted by such institution against a student who is the alleged perpetrator of any crime of violence (as that term is defined in section 16 of title 18), or a nonforcible sex offense with respect to such crime or offense.

(B) For the purpose of this paragraph, the final results of any disciplinary proceeding-(i) shall include only the name of the student, a description of the violation alleged if the student is found not responsible, or if the student is found responsible a description of the violation committed, and any sanction imposed by the institution on that student; and (ii) may personally identify any other student, such as a victim or witness, only with the written consent of that other student.

(C) Should the final results be changed through an appeal, or any other means, the institution shall publicly disclose the revised final results.

(D) If the name of any other student, such as a victim or witness, has previously been publicly identified that shall not preclude an institution of postsecondary education from disclosing the final results of any disciplinary proceeding conducted by such institution against a student who is the alleged perpetrator of any crime of violence (as that term is defined in section 16 of title 18), or a nonforcible sex offense with respect to such crime or offense.

Establishment of a Jeanne Clery Act office

A single office within the U.S. Department of Education should be created and designated to ensure that consistent, uniform guidance about and enforcement of the campus security reporting obligations, known as the "Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act" (Clery Act), is available.

The Office will have responsibility for assisting institutions to come into compliance with the Clery Act by providing technical assistance. The Clery Act already specifies that the DOE will provide such assistance upon request to schools, but it is presently unclear exactly where schools should turn for authoritative guidance.

The Office will have responsibility for accepting complaints of violations of the Clery Act. Presently the DOE's regional offices handle complaints, although their personnel often do not have the needed training. The Office will also ensure that complainants are informed of the outcome of any such review. Presently complainants must file a separate Freedom of Information Act request to obtain that information.

The Office will have responsibility for performing random audits of institutions to ensure that they are in full compliance with the Clery Act. At present there is no mechanism to verify that accurate information is being provided to students or the DOE unless a complaint is filed.

Proposal-Amend 20 U.S.C. 3418 to add the following:

(a) The Secretary of Education shall establish within the Department of Education a Campus Security Policy Compliance Office.

(b) The Secretary, through the Campus Security Policy Compliance Office established under subsection (a) of this section, shall

(1) Provide technical assistance to institutions of higher education regarding the requirements of Section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f));

(2) Accept and investigate complaints of violations of the provisions of 20 U.S.C.§1092 (f), and notify complainants of the outcomes of such investigations;

(3) Perform random reviews of compliance with 20 U.S.C.§1092 (f) by institutions of higher education;

(4) Enforce the provisions of 20 U.S.C.§1092 (f) by imposing civil penalties as provided for in 20 U.S.C.§1092 (f)(13);

(5) Collect from institutions of higher education all information required to be provided to the Secretary under 20 U.S.C.§1092 (f)(5);

(6) Make copies and analysis of the crime statistics submitted to the Secretary available to Congress and the public as provided for in 20 U.S.C.§1092 (f)(5) through publication and other means;

(7) Report to the authorizing committees of Congress each institution of higher education that the Secretary determines is not in compliance with the reporting requirements of 20 U.S.C. 1092(f) as provided for in 20 U.S.C. 1092(f)(11));

(8) In coordination with representatives of institutions of higher education, identify exemplary campus security policies, procedures, and practices and disseminate information concerning those policies, procedures, and practices that have proven effective in the reduction of campus crime; and

(9) Coordinate with the Department of Justice, other federal agencies, state governments, campus police/security agencies and non-profit victim assistance agencies efforts to combat crime and violence, and to provide assistance to the victims of such crime and violence; including but not limited to sexual assault, arson, hazing, and illegal alcohol and other drug use; at institutions of higher education.

(c) The Secretary shall ensure that the Office has adequate staff, including a Director, to carry out all functions established under subsection (b) of this section.

Connie & Howard K. Clery

Co-Founders

Security On Campus, Inc.

649 South Henderson Road, Suite 6

King Of Prussia, PA 19406-4216

Tele: (610) 768-9330 Fax: (610) 768-0646