Clery Act

Choosing a postsecondary institution is a major decision for students and their families. Along with academic, financial and geographic considerations, the issue of campus safety is a vital concern. In 1990, Congress enacted the Crime Awareness and Campus Security Act of 1990 (Title II of Public Law 101-542), which amended the Higher Education Act of 1965 (HEA). This act required all postsecondary institutions participating in HEA’s Title IV student financial assistance programs to disclose campus crime statistics and security information. The act was amended in 1992, 1998 and 2000. The 1998 amendments renamed the law the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act in memory of a student who was slain in her dorm room in 1986. It is generally referred to as the Clery Act.

On August 14, 2008, the Higher Education Opportunity Act or HEOA (Public Law 110-3115) reauthorized and expanded the Higher Education Act o f1965, as amended.  HEOA amended the Clery Act and created additional safety-and security-related requirements for institutions.

As required by the Clery Act every institution must:

  • Collect, classify and count crime reports and crime statistics.
  • Issue campus alerts.  To provide the campus community with information necessary to make informed decisions about their health and safety institutions must
     - Issue a timely warning for any Clery Act crime that represents an ongoing threat
        to the safety of students or employees;
     - Issue an emergency notification upon the confirmation of a significant emergency or dangerous situation
       involving an immediate threat to  the health or safety of students or employees occurring on the campus.
  • Publish an annual security report containing safety and security related policy statements and crime statistics and distribute it to all current students and employees.  Schools must inform prospective students and employees about the availability of the report.
  • Submit crime statistics to the Department of Education (ED).

In addition to the requirements for all institutions listed above NDSU must:

  • Keep a daily crime log of alleged criminal incidents that is open to public inspection.
  • Disclose missing student notification procedures that pertain to students residing in on-campus student housing facilities.
  • Disclose fire safety information related to on-campus student housing facilities
     - Keep a fire log that is open to public inspection
     - Publish an annual fire safety report containing policy statements as well as
       fire statistics associated with each on-campus student housing facility, including
       number of fires, cause, injuries, deaths and property damage.
       Schools also must inform prospective students and employees about the availability of the report.
     - Submit fire statistics to ED.

The Clery Act requires our institution to disclose three general categories of crime statistics:

Criminal Offenses---Criminal Homicide, including:  a) Murder and Non-negligent Manslaughter, and b) Negligent Manslaughter; Sex Offenses including:  a) Forcible, and b) Non-forcible; Robbery; Aggravated Assault; Burglary; Motor Vehicle Theft; Arson; Dating Violence; Domestic Violence; and Stalking.

Hate Crimes---Any of the above-mentioned offenses, and any incidents of Larceny-Theft, Simple Assault, Intimidation, or Destruction/Damage/Vandalism of Property that were motivated by bias of the victim’s actual or perceived race, religion, gender, gender identity, sexual orientation, ethnicity, national origin, or disability.

Arrests and Referrals for Disciplinary Action for Weapons Violations, Drug Abuse Violations, and Liquor Law Violations.

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