Campus Security Act
Title II of Public Law 101-542 The Student Right-To-Know and Campus
Security Act of 1990, also known as the "Clery Bill" in memory of Jeanne
Clery, enacted by Congress and signed into law on November 8, 1990 amended
section 485 of the Higher Education Act of 1965 by adding campus crime
statistic and security reporting provisions for colleges and universities.
The security provisions were amended in 1992 by The Campus Sexual Assault
Victims' Bill of Rights to require that schools develop policies to deal
with sexual assault on campus and provide certain assurances to victims.
Under the provisions of this act all prospective students and
employees are entitled to a copy of a school's crime statistics for the
three most recent calendar years and security policies. Current students and
employees are to be provided this information automatically.
The U.S. Department of Education is charged with enforcing the
provisions of this statute. The complete text of the law as amended in 1992
20 U.S.C. Section 1092
(f) Disclosure of campus security policy and campus crime
statistics.-(1) Each eligible institution participating in any program
under this title shall on August 1, 1991, begin to collect the following
information with respect to campus crime statistics and campus security
policies of that institution, and beginning September 1, 1992, and each
year thereafter, prepare, publish, and distribute, through appropriate
publications or mailings, to all current students and employees, and to
any applicant for enrollment or employment upon request, an annual
security report containing at least the following information with
respect to the campus security policies and campus crime statistics of
(A) A statement of current campus policies regarding procedures and
facilities for students and others to report criminal actions or other
emergencies occurring on campus and policies concerning the institution's
response to such reports.
(B) A statement of current policies concerning security and access to
campus facilities, including campus residences, and security considerations
used in the maintenance of campus facilities.
(C) A statement of current policies concerning campus law enforcement,
(i) the enforcement authority of security personnel, including their
working relationship with State and local police agencies; and
(ii) policies which encourage accurate and prompt reporting of all crimes
to the campus police and the appropriate police agencies.
(D) A description of the type and frequency of programs designed to
inform students and employees about campus security procedures and practices
and to encourage students and employees to be responsible for their own
security and the security of others.
(E) A description of programs designed to inform students and employees
about the prevention of crimes.
(F) Statistics concerning the occurrence on campus, during the most
recent calendar year, and during the 2 preceding calendar years for which
data are available, of the following criminal offenses reported to campus
security authorities or local police agencies -
(i) murder; (ii) sex offenses, forcible or non-forcible; (iii) robbery;
(iv) aggravated assault; (v) burglary; and (vi) motor vehicle theft.
(G) A statement of policy concerning the monitoring and recording through
local police agencies of criminal activity at off-campus student
organizations which are recognized by the institution and that are engaged
in by students attending the institution, including those student
organizations with off-campus housing facilities.
(H) Statistics concerning the number of arrests for the following crimes
occurring on campus:
(i) liquor law violations; (ii) drug abuse violations; and (iii) weapons
(I) A statement of policy regarding the possession, use, and sale of
alcoholic beverages and enforcement of state underage drinking laws and a
statement of policy regarding the possession, use, and sale of illegal drugs
and enforcement of federal and state drug laws and a description of any drug
or alcohol abuse education programs as required under section 1145g of this
(2) Nothing in this subsection shall be construed to authorize the
Secretary to require particular policies, procedures, or practices by
institutions of higher education with respect to campus crimes or campus
(3) Each institution participating in any program under this subchapter
and part C of subchapter I of chapter 34 of title 42 shall make timely
reports to the campus community on crimes considered to be a threat to other
students and employees described in paragraph (1)(F) that are reported to
campus security or local law police agencies. Such reports shall be provided
to students and employees in a manner that is timely and that will aid in
the prevention of similar occurrences.
(4) Upon the request of the secretary, each institution participating in
any program under this subchapter and part C of subchapter I of chapter 34
of title 42 shall submit to the Secretary a copy of the statistics required
to be made available under paragraphs (1)(F) and (1)(H). The Secretary shall
(A) review such statistics and report to the Committee on Education and
Labor of the House of Representatives and the Committee on Labor and Human
Resources of the Senate on campus crime statistics by September 1, 1995; and
(B) 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.
(5)(A) For purposes of this subsection, the term ''campus'' includes -
(i) any building or property owned or controlled by the institution of
higher education within the same reasonably contiguous geographic area and
used by the institution in direct support of, or related to its educational
(ii) any building or property owned or controlled by student
organizations recognized by the institution.
(B) In cases where branch campuses of an institution of higher education,
schools within an institution of higher education, or administrative
divisions within an institution are not within a reasonably contiguous
geographic area, such entities shall be considered separate campuses for
purposes of the reporting requirements of this section.
(6) The statistics described in paragraphs (1)(F) and (1)(H) shall be
compiled in accordance with the definitions used in the uniform crime
reporting system of the Department of Justice, Federal Bureau of
Investigation, and the modifications in such definitions as implemented
pursuant to the Hate Crime Statistics Act.
(7)(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 develop and distribute as part of the report described in paragraph
(1) a statement of policy regarding -
(i) such institution's campus sexual assault programs, which shall be
aimed at prevention of sex offenses; and
(ii) the procedures followed once a sex offense has occurred.
(B) The policy described in subparagraph (A) shall address the following
(i) Education programs to promote the awareness of rape, acquaintance
rape, and other sex offenses.
(ii) Possible sanctions to be imposed following the final determination
of an on-campus disciplinary procedure regarding rape, acquaintance rape, or
other sex offenses, forcible or nonforcible.
(iii) Procedures students should follow if a sex offense occurs,
including who should be contacted, the importance of preserving evidence as
may be necessary to the proof of criminal sexual assault, and to whom the
alleged offense should be reported.
(iv) Procedures for on-campus disciplinary action in cases of alleged
sexual assault, which shall include a clear statement that -
(I) the accuser and the accused are entitled to the same opportunities to
have others present during a campus disciplinary proceeding; and
(II) both the accuser and the accused shall be informed of the outcome of
any campus disciplinary proceeding brought alleging a sexual assault.
(v) Informing students of their options to notify proper law enforcement
authorities, including on-campus and local police, and the option to be
assisted by campus authorities in notifying such authorities, if the student
(vi) Notification of students of existing counseling, mental health or
student services for victims of sexual assault, both on campus and in the
(vii) Notification of students of options for, and available assistance
in, changing academic and living situations after an alleged sexual assault
incident, if so requested by the victim and if such changes are reasonably
(C) Nothing in this paragraph shall be construed to confer a private
right of action upon any person to enforce the provisions of this paragraph.
Section 401(a) of Pub. L. 101-542 provided that: ''The Secretary is
authorized to issue regulations to carry out the provisions of this act
(amending this section and sections 1085, 1094, and 1232g of this title and
enacting provisions set out as notes under this section and section 1001 of
this title).'' These regulations can be found in the Code of Federal
Regulations at 34 CFR Sec. 668.47 "Institutional security policies and crime
Section 202 of Pub. L. 101-542 provided that: ''The Congress finds that -
''(1) the reported incidence of crime, particularly violent crime, on
some college campuses has steadily risen in recent years;
''(2) although annual 'National Campus Violence Surveys' indicate that
roughly 80 percent of campus crimes are committed by a student upon another
student and that approximately 95 percent of the campus crimes that are
violent are alcohol- or drug-related, there are currently no comprehensive
data on campus crimes;
''(3) out of 8,000 postsecondary institutions participating in federal
student aid programs, only 352 colleges and universities voluntarily provide
crime statistics directly through the Uniform Crime Report of the Federal
Bureau of Investigation, and other institutions report data indirectly,
through local police agencies or States, in a manner that does not permit
campus statistics to be separated;
''(4) several State legislatures have adopted or are considering
legislation to require reporting of campus crime statistics and
dissemination of security practices and procedures, but the bills are not
uniform in their requirements and standards;
''(5) students and employees of institutions of higher education should
be aware of the incidence of crime on campus and policies and procedures to
prevent crime or to report occurrences of crime;
''(6) applicants for enrollment at a college or University, and their
parents, should have access to information about the crime statistics of
that institution and its security policies and procedures; and
''(7) while many institutions have established crime preventive measures
to increase the safety of campuses, there is a clear need -
''(A) to encourage the development on all campuses of security policies
''(B) for uniformity and consistency in the reporting of crimes on
''(C) to encourage the development of policies and procedures to address
sexual assaults and racial violence on college campuses.''