Many college students may wonder what is the Clery Act? It is a term that is liberally used in a variety of settings, including college tours, freshman orientation materials and events, classes, and in politics, but what is it?
The short answer is that the Clery Act, a federal law signed in 1990, requires universities and colleges, private or public, that accept federal financial aid, to report crime on and near their campuses. Providing this information is critical to providing a safe space for learning for all students. As you might imagine, having information like this at your fingertips can certainly factor into your decision on where to attend college.
The long answer is much more complicated and context heavy but important nonetheless. In 1986, a Lehigh University freshman, Jeanne Clery, of Philadelphia, Pennsylvania, was sexually assaulted and murdered in her dorm room by a fellow student, Josoph Henry, who was subsequently convicted of murder and is serving a life sentence. After her parents were notified, they campaigned for stricter regulations regarding how crimes have to be reported on campuses. During the investigation into her death, it became public knowledge that Clery's murder was one of nearly 40 recorded accounts of criminal activity on Lehigh's campus over three years. Many complained that the school had not been transparent enough in how they reported crimes to prospective students.
Clery's parents, Connie and Howard Clery sued Lehigh and received a $2 million settlement. Afterward, they founded the nonprofit Security on Campus, which advocates for safety measures on college and university campuses.
The murder of Clery and the investigation that ensued were all catalysts for the United States Congress to act in the late 1980s and early 1990s. For obvious reasons, though the presence of crime on campus may not be a deciding factor to some regarding their school of choice, to others, it may be. While crime occurs everywhere, it is often the wisest decision to avoid it when possible. While you may not need to ask for the college's Clery Act information, it may be wise to refer to the local police department as well. It is usually best to avoid placing yourself in a hostile situation if avoidable.
The law requires that all institutions publish a report on the previous three years of crime statistics by October 1 each year. Also included in this report can be statements from local law enforcement discussing the safety of the campus, procedures to follow in case of a sexual offense and other crimes, and crime prevention program descriptions from the school. Other parts of the law include requiring colleges to keep an active log of the past 60 days of on-campus activities and issue timely briefings of school happenings.
It is also important to note that schools can get into serious trouble if they do not report on-campus or near-campus crimes promptly. For each instance of criminal behavior not reported, schools can be fined upwards of $67,000. Schools can also lose their status as federal financial aid receivers, severely hampering their ability to attract and retain students.
Another way the Clery Act reporting could impact students is by realizing exactly what infractions are committed. While all criminal and civil disturbances are required to be reported by law, college policy infractions may not be. For instance, think about how alcohol plays a part in reporting. Underage drinking is not uncommon on many college campuses, and incidents of that behavior would have to be reported under the Clery Act. However, what happens if the college enforces a dry campus (yes, schools like that do exist still)? If the drinkers were underage, the activities would need to be reported. If, however, the drinkers were above the age of 21, this act would not be criminal, just a violation of school policy. Therefore, it would not need to be reported. As you look for a school to attend, consider probing deeply into these questions. Perhaps the campus takes criminal conduct seriously but may not enforce its own policies. It is another consideration to factor into a major life decision.
The Clery Act is just one policy people should consider before attending college. Though it may not determine where you end up studying, it could contribute to the overall outlook and behavior exhibited while looking for or on campus.
