HEA 101 Quick Guide: Campus Crime Reporting

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(HEA Title IV , Section 485(f ))


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Statutory Language

 
Quick Take
The new law makes several changes to the campus crime provisions (commonly referred to as the “Clery Act”) of the Higher Education Act: 

  • Safety Report Policies: Current requirements regarding campus law enforcement policies would be expanded to include plans for coordination with state and local law enforcement agencies for the investigation of alleged criminal offenses. (Sec. 485(f)(1)(C))
  • New Hate Crime Reporting: The list of hate crimes to be reported is expanded to include four new crimes: larceny-theft; simple assault; intimidation; and destruction, damage, or vandalism of property. (Sec. 485(f)(1)(F))
  • Emergency Procedures/Notification: Institutions must prepare a statement of campus policies regarding immediate emergency response and evacuation procedures. (See Campus Emergency Procedures Quick Take, page 6)
  • Miscellaneous: The Secretary will report annually to the authorizing committees regarding compliance with the Clery Act, and may consult with the Attorney General regarding best practices. Retaliation against any individual for the purpose of interfering with implementation of its provisions is prohibited. (Sec. 485(f)(15), (16), & (17))


When Will This Take Effect?

This provision went into effect when the bill was signed into law on August 14, 2008. It is subject to negotiated rulemaking, so specific regulatory guidance may be provided in the future. In the meantime, institutions must make a “good faith” effort to comply with the law.


Who On Campus May Need to Be Involved?

Security/campus police; legal counsel; institutional research, if involved in collection of crime statistics; those involved in emergency planning  



Additional Resources
Statutory Language