FOX_EDU645_The Clery Act PPoint
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FOX_EDU645_The Clery Act PPoint
- 1. Cheryl Fox EDU 645.90 Dr. Gregory Nayor
- 2. The (Jeanne) Clery Act is an important piece of federal legislation that requires all colleges & universities to disclose various crime statistics and other important information to the public. In 2013, after a seven-year study, Yale University was found to be in violation of the Clery Act. This presentation will briefly discuss the Clery Act and Yale’s violation of it. It will then touch on Yale’s new programs that address sexual misconduct.
- 3. Federal law (1990) In memory of Jeanne Clery Colleges & universities required to disclose info. about crime on/around campus: • Publish ASR by October 1 • Public crime log • Disclose crime stats/crimes committed in 7 categories • Issue timely warnings about Clery Act crimes • Devise emergency response, notification, testing policy • On-campus fire data & compile/publish annual fire safety report • Enact policies/procedures to handle missing student reports (Carter, S. D. (2014). Jeanne Clery Act Information.) (Clery Center for Security on Campus. (2012). Summary of the Jeanne Clery Act. )
- 4. Each violation - $35K Amended regularly: • SaVE (2013) (Omnilert. (2013, April 9). Implementing Campus SaVE Act.)
- 5. Founded in 1701 Located in New Haven, CT Private 14 schools • Law School • School of Medicine 1,344 Bachelor’s & 2,077 Master’s & Post-Master’s Certificates awarded (2013-2014) Figure 1. Yale University. Wikimedia Commons. https://upload.wikimedia.org/wikipedia/commons/0/0b/Sterli ng_Law_Building,_Yale.jpg (Yale University. (2015). History.) (Yale University. (2015). Yale “FactSheet”.) (Yale University. (2015). Schools.)
- 6. Seven-year investigation at Yale: 2004-2011 Investigation initiated after article published in July/Aug 2004 Yale Alumni Magazine: • “Lux Veritas and Sexual Trespass.” DoE found that Yale was in violation of Clery Act (Branch, M. A. (2013). Yale fined $165,000 for crime-report violations.) (Department of Education. (2013). Letter to Dr. Richard Levin.)
- 7. Violations: • Yale failed to report two forcible sexual offenses for 2001 and 2002 calendar years • Yale failed to properly define its campus • Yale’s ASR for 2004 lacked required policy statements Each fine - $27,500 • TOTAL: $165,000 • Reduced: $155,000 (CampusSafety. (2013). Dept. of Ed Reduces Clery Fine for Yale.) (Department of Education. (2013). Letter to Dr. Richard Levin. )
- 8. Yale corrected 99% issues raised with crime reporting in 2004 only after the DoE raised the issue with Yale Yale corrected “7 spaces” issue of YNHH in 2010 (Hua, C. & Zorthian, J. (2013). Yale fined $165,000 for Clery Act violations. )
- 9. All colleges & universities required to implement preventative education programs on sexual violence Accusers/accused guaranteed right to an advisor of their choice Colleges are required to expand their reporting of sexual assaults (as explained in earlier slide) Universities are mandated to disclose all possible sanctions for acts of sexual violence (Lloyd-Thomas, M. (2014). Yale to face new mandates under Clery Act.)
- 10. 2011 – DoE investigated: 16 students filed complaint against Yale – violation of Title IX University-Wide Committee on Sexual Misconduct Semi-annual reports on sexual misconduct Bystander prevention workshops Leadership training for student organizations Students Against Sexual Violence on Campus (Hartmann, M. (2011). Title IX Suit Filed Against Yale University for “Hostile Sexual Environment”.) (Lloyd-Thomas, M. (2014). Yale to face new mandates under Clery Act.)
- 11. Branch, M. A. (2013). Yale fined $165, 000 for crime-report violations. Retrieved from https://yalealumnimagazine.com/blog_posts/1461-yale-fined- 165-000-for-crime-report-violations CampusSafety. (2013). Dept. of Ed. Reduces Clery Fine for Yale. Retrieved from http://www.campussafetymagazine.com/article/Dept-of-Ed- Reduces-Clery-Fine-for-Yale Carter, S. D. (2014). Jeanne Clery Act Information. Retrieved from http://www.cleryact.info/clery-act.html Clery Center for Security on Campus. (2012). Summary of the Jeanne Clery Act. Retrieved from http://clerycenter.org/summary-jeanne-clery-act Department of Education. (2013). Letter to Dr. Richard Levin. Retrieved from https://studentaid.ed.gov/sa/sites/default/files/1250_001.pdf Hartmann, M. (2011). Title IX Suit Filed Against Yale University for “Hostile Sexual Environment”. Retrieved from http://jezebel.com/5787805/title-ix- suit-filed-against-yale-university-for-hostile-sexual-environment Hua, C. & Zorthian, J. (2013). Yale fined $165,000 for Clery Act violations. Retrieved from http://yaledailynews.com/blog/2013/05/17/after-seven-year- investigation-yale-fined-165000-for-clery-act-violations/
- 12. Lloyd-Thomas, M. (2014). Yale to face new mandates under Clery Act. Retrieved from http://yaledailynews.com/blog/2014/04/02/yale- to-face-new-mandates-under-clery-act/ Omnilert. (2013, April 9). Implementing Campus SaVE Act [Video File]. Retrieved from https://www.youtube.com/watch?v=c_F9KE5Wgp4 Wikimedia Commons. (2015). Yale University [Photograph]. Retrieved from https://upload.wikimedia.org/wikipedia/commons/0/0b/Sterling_Law_ Building,_Yale.jpg Yale University. (2015). History. Retrieved from http://www.yale.edu/about/history.html Yale University. (2015). Yale “FactSheet”. Retrieved from http://oir.yale.edu/yale-factsheet Yale University. (2015). Schools. Retrieved from http://www.yale.edu/schools/
Editor's Notes
- Yale University & The Violation of The Clery Act (2013)
- The (Jeanne) Clery Act is an important piece of federal legislation that requires all colleges & universities to disclose various crime statistics and other important information to the public. In 2013, after a seven-year study, Yale University was found to be in violation of the Clery Act. This presentation will briefly discuss the Clery Act and Yale’s violation of it. It will then touch on Yale’s new programs that address sexual misconduct.
- The Jeanne Clery or just, Clery Act is named after Jeanne Clery, a student who was raped and murdered in her dorm room by a fellow student she didn’t know, in 1986. Her parents worked tirelessly to champion laws requiring the disclosure of campus crime information by all universities. This took the form of the Clery Act, which was enacted in 1990. All colleges and universities are required to disclose information about crime on and around their campuses in the form of the following: 1)they are to publish an annual statistics report (ASR) by October 1st of every year, documenting 3 calendar years of select crime campus stats; 2)institutions with a police/security department are required to maintain a public crime log documenting the nature/date/time/general location of each crime which must be entered into the log within 2 days of occurrence; 3)they must disclose crime stats that occur on campus/near campus/certain non-campus facilities (i.e. remote classrooms/Greek housing) for: a)criminal homicide, b)sex offenses, c)robbery, d)aggravated assault, e)burglary, f)motor vehicle theft, and g)arson. Hate crimes must also be reported. 4)they must issue timely warnings about Clery Act crimes which pose a serious threat/ongoing threat to students/employees; 5)they must devise and then implement an emergency response, notification, and testing policy when a significant emergency or dangerous situation is eminent to students/employees; 6)they must compile and report fire data to the federal government which discusses any on-campus housing fires as well as publish an annual fire safety report; and 7)they must enact policies and procedures to handle reports of missing students.
- Any time a university is found to be in violation of the Clery Act (i.e. not compiling or disclosing the relevant information presented on the previous slide) they can be fined $35,000 per violation. The Clery Act is amended regularly. Case in point is SaVE, or the Campus Sexual Violence Elimination Act, signed into law under President Obama in 2013. SaVE expands the Clery scope by updating victim’s rights guidelines, covers students and employees, provides victim confidentiality, and it also expands on existing hate crimes. In addition, statistical reporting has now been expanded to include 3 new crimes: domestic violence, dating violence, and stalking. SaVE became effective in the 2014-15 school year.
- Yale University was founded in 1701. It was originally founded in Saybrook CT, but was eventually moved to New Haven, CT, where it sits today. It is a private institution, composed of 14 schools – including the Law School, the Divinity School, the School of Music, the School of Drama, and the School of Medicine. In the 2013-2014 academic year, Yale awarded 1,344 Bachelor’s degrees and 2,077 Master’s and Post-Master’s Certificates.
- A seven year investigation of Yale’s compliance with the Clery Act took place from 2004-2011 by the Department of Education (DoE). An investigation was initiated after an article was published in a July/August 2004 edition of the Yale Alumni Magazine entitled, “Lux Veritas and Sexual Trespass”. The article raised questions regarding Yale’s compliance with campus security requirements. Yale was, in fact, in the process of revising its policies in 2004 even before the article was published. The DoE did acknowledge this fact in a letter written to then President of Yale, Richard Levin, and admitted that Yale had taken care of most of the problems addressed in the article. However, the letter did say that Yale was still in clear violation of the Clery Act because Yale corrected the crime stats only after the DoE alerted the university of its obligations to do so.
- The DoE found that Yale was in clear violation of the Clery Act for the following reasons: In 2001 and 2002 it failed to report 2 forcible sexual offenses in each of those calendar years’ ASR’s and only corrected the crime data after the DoE pointed it out to the university At the time of the review Yale was not properly defining its campus for the purposes of reporting crime statistics and thus failed to properly define 7 spaces at Yale New Haven Hospital (YNHH) as campus property for Clery Act purposes. This, in turn, allowed the university to conveniently leave out the crime statistics in the ASR for those 7 spaces in YNHH. Formal agreements have been established such that the property has been deemed suitable for educational purposes, and thus should have been included in Yale University’s property (and thus included in the ASR). The 2004 ASR lacked some critical information besides what has already been discussed. The Campus Security Report (CSR) lacked a statement of current campus policies for making timely warning reports to members of the community regarding crimes; policies for preparing the annual disclosure of crime stats; policies encouraging prompt reporting of crimes to the police; statements with a description of type and frequency of campus safety programs; a description of crime prevention programs; a statement explaining the importance of preserving evidence in cases of alleged sex crimes and an explanation of how to preserve the evidence; and a statement that describes procedures on voluntary, confidential reporting of crimes. The U.S. DoE had fines of $27,500 per violation in the Clery Act at that time, and decided to fine Yale a total of $165,000 for all of its violations. After all was said and done, Yale paid $155,000 in fines for its violations.
- Yale corrected 99% of the issues raised with the crime reporting in 2004 only after the DoE raised the issue with Yale. Yale corrected the “7 spaces” issue of YNHH in 2010.
- All universities (including Yale) are required to comply with the following new federal mandates related to the Clery Act and Title IX laws: They are now required to implement preventative education programs on sexual violence, both when students arrive, and throughout their time at the institution Accusers and those accused of sexual violence are now guaranteed the right to an advisor of their choice in any proceedings that may occur As stated earlier – they are now required to expand their reporting of sexual assaults to: domestic violence, dating violence, and stalking They are now also mandated to disclose all possible sanctions for any acts of sexual violence committed
- In 2011, the DoE opened an investigation regarding 16 students that filed a complaint against Yale who claimed that the University had violated Title IX by fostering a hostile sexual environment. The complaint included personal accounts from five students, along with descriptions of well-publicized incidents: Delta Kappa Epsilon fraternity pledges chanting, “No means Yes!” and “Yes means anal!” on campus in 2010, A September 2009 “Preseason Scouting Report” email, written and circulated by male students, which included the ranking of 53 freshmen women in the order of how many beers it would take to have sex with them, Pledges from Zeta Psi surrounding the entrance to the Yale Women’s Center in 2008 holding signs that read, “We Love Yale Sluts”, and Fraternity members stealing t-shirts inscribed with sexual assault accounts from the Clothesline Project in 2005. With the Clery Act fine and this latest incident, Yale has made definite steps to address and improve sexual misconduct on campus. A few of the things it has done are: To institute a University-Wide Committee on Sexual Misconduct, Send out semi-annual reports on sexual misconduct, Hold bystander prevention workshops, Hold leadership training for student organizations, and Create the group: Students Against Sexual Violence on Campus Continuing education is key, and making these programs aware to all students at all times is important.
- See References here.
- See References here.