Section 1, short title-

The first section names this legislation the “Jeanne Clery Campus Security Policy Compliance Office Act”.

This draft bill would establish an office within the U.S. Department of Education to implement and enforce a subsection of the Higher Education Act of 1965 known as the “Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act.”

That subsection requires institutions of higher education participating in HEA programs to disclose certain campus crime and security information. It is named in memory of a Lehigh University student sexually assaulted and murdered on campus on April 5^th, 1986.

Section 2, establishment of campus security policy compliance office-

This section establishes the Campus Security Policy Compliance Office and provides what functions that office will carry out.

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.

The Office will have responsibility for issuing fines as specified in the Clery Act up to $25,000 per violation.

The Office will collect the campus crime statistics that institutions are required to submit annually to the DOE and make them available to Congress and the public as provided for in the Clery Act. The Office will also report to Congress on all institutions found to be in violation as provided for in the Clery Act.

The Office will also have continuing responsibility to identify promising campus security practices as provided for in the Clery Act.

Additionally, the Office will serve as a coordinating body for campus crime prevention efforts between the DOE, other federal agencies, schools and non-profit victim services groups.

The Secretary of Education will be responsible for staffing the Office, and establishing any needed regulations.

Section 3, complaints-

This section requires schools to include in their annual security report a statement that complaints may be filed with the Campus Security Policy Compliance Office, and that the school will take no retaliatory action against anyone for doing so. 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. The section also defines the rights of a complainant against retaliation.

Section 4, liquor law violations-

This section adds public intoxication and driving under the influence to the categories of crimes for which arrests and disciplinary referrals must be disclosed. Presently these offenses are excluded from the liquor law violations institutions must report.

Section 5, annual campus security report-

This section amends the Clery Act to require that annual campus security reports, including crime statistics, be made available not later than April 5^th of each year. Presently schools aren’t required to release the reports until October 1^st, too late for prospective students to use the most current data. With the use of web disclosure incoming students at the beginning of the next school year will more easily be able to obtain the reports as well without necessitating that reports be mailed twice a year.

Section 6, report to congress-

This section makes the one time report on campus crime statistics to Congress provided for in the Clery Act an annual requirement. The Campus Security Policy Compliance Office will have responsibility for producing this report.