The Jeanne Clery Campus Safety Act (formerly the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act), signed in 1990, is a federal
statute
A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...
codified at , with implementing regulations in the
U.S.
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 states and a federal capital district, Washington, D.C. The 48 contiguous ...
Code of Federal Regulations
In the law of the United States, the ''Code of Federal Regulations'' (''CFR'') is the codification of the general and permanent regulatory law, regulations promulgated by the executive departments and agencies of the federal government of the ...
at .
The Clery Act requires all colleges and universities that participate in federal
financial aid programs to keep and disclose information about crime on and near their respective campuses. Compliance is monitored by the
United States Department of Education
The United States Department of Education is a cabinet-level department of the United States government, originating in 1980. The department began operating on May 4, 1980, having been created after the Department of Health, Education, and ...
, which can impose
civil penalties
A civil penalty or civil fine is a financial penalty imposed by a government agency as restitution for wrongdoing. The wrongdoing is typically defined by a Codification (law), codification of legislation, regulations, and decrees. The civil fine ...
, up t
$69,733per violation, against institutions for each infraction and can suspend institutions from participating in federal
student financial aid
Student financial aid (or student financial support, or student aid) is financial support given to individuals who are furthering their education. Student financial aid can come in a number of forms, including scholarships, Grant (money), grants, ...
programs.
The law is named after
Jeanne Clery, a 19-year-old
Lehigh University
Lehigh University (LU), in Bethlehem, Pennsylvania, United States, is a private university, private research university. The university was established in 1865 by businessman Asa Packer. Lehigh University's undergraduate programs have been mixed ...
student who was raped and murdered in her campus residence hall in 1986. Her murder triggered a backlash against unreported crime on campuses across the country.
Jeanne Clery
Josoph M. Henry, a student, raped and murdered Jeanne Clery in April 1986 in Stoughton Hall at Lehigh University in Bethlehem, Pennsylvania. Henry was given a death sentence via the electric chair by a trial court, a decision upheld by the Pennsylvania Supreme Court when appealed. The attack on Clery was one of 38 violent crimes recorded at the university in three years. Clery’s parents argued that, had the university's crime record been known, Clery would not have attended. They sued, were awarded $2 million, and founded Security On Campus, Inc. (now the Clery Center), a nonprofit group.
Requirements of act
Annual security report
By October 1 of each year, institutions must publish and distribute their Annual Campus Security Report to current and prospective students and employees. Institutions are also allowed to provide notice of the report, a
URL
A uniform resource locator (URL), colloquially known as an address on the Web, is a reference to a resource that specifies its location on a computer network and a mechanism for retrieving it. A URL is a specific type of Uniform Resource Identi ...
if available, and instructions on how to obtain a paper copy. This report is required to provide crime statistics for the prior three years, policy statements regarding various safety and security measures, campus crime prevention program descriptions, and procedures to be followed in the investigation and prosecution of alleged sex offenses.
Crime log
Each institution's police department or security departments are required to maintain a public log of all crimes reported to them or those of which they are made aware. The log is required to have the most recent 60 days' worth of information. Each log entry must contain the nature, date, time and general location of each crime and disposition of the complaint, if known. Information in the log older than 60 days must be made available within two business days. Crime logs must be kept for seven years, three years after the publication of the last annual security report.
Timely warnings
The Clery Act requires institutions to give timely warnings of crimes that represent a threat to the safety of students or employees. Institutions are required to publish their policies regarding timely warnings in their Annual Campus Security Report. Institutions are required to notify the community only of crimes covered by the Clery statistics.
Crime statistics
As of 2025, an institution must keep the most recent seven years of crime statistics that occurred: on
campus
A campus traditionally refers to the land and buildings of a college or university. This will often include libraries, lecture halls, student centers and, for residential universities, residence halls and dining halls.
By extension, a corp ...
, in institution residential facilities, in noncampus buildings, or on public property. Offenses are defined by the
UCR Handbook and are not the
state crime definitions but rather
federal crime
In the United States, a federal crime or federal offense is an act that is made illegal by U.S. federal legislation enacted by both the United States Senate and United States House of Representatives and signed into law by the president. Prose ...
definitions. This has led to possible discrepancies in
data reporting
Data reporting is the process of collecting and submitting data.
The effective management of any organization relies on accurate data. Inaccurate data reporting can lead to poor decision-making based on erroneous evidence. Data reporting is diff ...
. Some changes have been made to further define discrepancies in recent updates to the Clery Act. In 2014, new amendments were made to require reporting on domestic violence, dating violence and stalking.
In cases of forcible sexual offenses, there have been reports of colleges questioning accounts of alleged victims, further complicating documentation and policing of student assaults.
Institutions are required to report on crimes such as:
*
Murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse committed with the necessary Intention (criminal law), intention as defined by the law in a specific jurisd ...
(including nonnegligent and negligent manslaughter)
*
Sex offenses (
forcible/nonforcible,
domestic violence
Domestic violence is violence that occurs in a domestic setting, such as in a marriage
Marriage, also called matrimony or wedlock, is a culturally and often legally recognised union between people called spouses. It establishes r ...
,
dating violence
Dating abuse or dating violence is the perpetration or threat of an act of violence by at least one member of an unmarried couple on the other member in the context of dating or courtship. It also arises when one partner tries to maintain powe ...
, and
stalking
Stalking is unwanted and/or repeated surveillance or contact by an individual or group toward another person. Stalking behaviors are interrelated to harassment and intimidation and may include following the victim in person or monitorin ...
)
*
Robbery
Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person o ...
*
Aggravated assault
In the terminology of law, an assault is the act of causing physical harm or unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may result ...
*
Burglary
Burglary, also called breaking and entering (B&E) or housebreaking, is a property crime involving the illegal entry into a building or other area without permission, typically with the intention of committing a further criminal offence. Usually ...
*
Motor vehicle theft
Motor vehicle theft or car theft (also known as a grand theft auto in the United States) is the criminal act of stealing or attempting to steal a motor vehicle.
In 2020, there were 810,400 vehicles reported stolen in the United States, up f ...
*
Arson
Arson is the act of willfully and deliberately setting fire to or charring property. Although the act of arson typically involves buildings, the term can also refer to the intentional burning of other things, such as motor vehicles, watercr ...
*
Arrest
An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be question ...
Institutions are required to report on persons referred for campus disciplinary action for:
*
Liquor law violations
*Drug-related violations
*Weapons possession
Institutions are required to report on crimes or bodily harm related to/caused by:
*
Hate crimes
Notable incidents
Numerous institutions have been fined and found in non-compliance of the Clery Act. Many include defining of crimes, reporting methods and alerting students of dangers. From 2008–2012, 14 higher education institutions were fined for Clery Act noncompliance. Large scale Clery violations results in financial fines at institutions such as
Pennsylvania State University
The Pennsylvania State University (Penn State or PSU) is a Public university, public Commonwealth System of Higher Education, state-related Land-grant university, land-grant research university with campuses and facilities throughout Pennsyl ...
,
Eastern Michigan University
Eastern Michigan University (EMU, EMich, Eastern Michigan or simply Eastern) is a public university, public research university in Ypsilanti, Michigan, United States. Founded in 1849 as the Michigan State Normal School, it was the fourth normal ...
,
Virginia Tech
The Virginia Polytechnic Institute and State University, commonly referred to as Virginia Tech (VT), is a Public university, public Land-grant college, land-grant research university with its main campus in Blacksburg, Virginia, United States ...
,
University of Montana
The University of Montana (UM) is a public research university in Missoula, Montana, United States. UM is a flagship institution of the Montana University System and its second largest campus. Fall 2024 saw total enrollment hit 10,811, marki ...
, and
Liberty University
Liberty University (LU), known simply as Liberty, is a Private university, private Evangelicalism in the United States, evangelical Christian university in Lynchburg, Virginia, United States. It is affiliated with the Southern Baptist Conservativ ...
.
Reports on complaints of Clery Act noncompliance are available from the Federal Student Aid (FSA) website.
Federal Student Aid, an office of the Department of Education, conducts reviews to evaluate compliance with the Clery Act.
According to the Federal Student Aid (FSA) page on Clery Act Reports, "The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act is a federal statute requiring colleges and universities participating in federal financial aid programs to maintain and disclose campus crime statistics and security information. The U.S. Department of Education conducts reviews to evaluate an institution's compliance with the Clery Act requirements....Once a review is completed, the Department issues a Final Program Review Determination. Although regular program reviews may contain Clery Act findings, this page includes only those program reviews that were focused exclusively on the Clery Act. Below, you can access these reports as well as accompanying documentation which may include the complaint, school response, or fine action that resulted from the program review."
Eastern Michigan University
In 2008,
Eastern Michigan University
Eastern Michigan University (EMU, EMich, Eastern Michigan or simply Eastern) is a public university, public research university in Ypsilanti, Michigan, United States. Founded in 1849 as the Michigan State Normal School, it was the fourth normal ...
was fined $357,500 for failing to warn the campus of a student's assault and death that occurred in 2006. Beyond reporting the incident, the school was fined for violating federal crime-reporting laws. The
Laura Dickinson incident has been seen as a wake-up call on how universities report and display statistics on crimes that occur on university campuses. The incident brought forth university-wide changes in campus safety and safety notifications. The incident also brought changes in university administration, including the dismissal of the university's president,
John A. Fallon.
Michigan State University
On September 5, 2019, the U.S. Department of Education announced that Michigan State University would be fined $4.5 million, the largest ever Clery Act penalty, up until the Liberty University penalty in March of 2024, following an investigation into the institution's response to allegations of misconduct by
Larry Nassar.
Penn State University
The U.S. Department of Education is investigating
Penn State #Redirect Pennsylvania State University
The Pennsylvania State University (Penn State or PSU) is a Public university, public Commonwealth System of Higher Education, state-related Land-grant university, land-grant research university with ca ...
over the
Penn State sex abuse scandal. Their investigation arises from the university administration's alleged failure to report allegations of sex offenses on campus by
Jerry Sandusky, a former school official, as being a violation of the Act. Former Penn State Defensive Coach Jerry Sandusky has been convicted of sexually abusing several young boys over several years, including incidents on campus. A campus safety advocacy group called the scandal "the most extensive investigation the Department of Education has ever conducted".
On November 3, 2016, The U.S. Department of Education announced that it is seeking to impose on Penn State University, a record fine at the time of nearly $2.4 million for 11 cited violations.
Virginia Tech
After the
Virginia Tech massacre
The Virginia Tech shooting was a spree shooting that occurred on Monday, April 16, 2007, comprising two attacks on the campus of the Virginia Polytechnic Institute and State University (Virginia Tech) in Blacksburg, Virginia, United States ...
of April 2007, the
U.S. Department of Education
The United States Department of Education is a United States Cabinet, cabinet-level department of the federal government of the United States, United States government, originating in 1980. The department began operating on May 4, 1980, havin ...
's final report (December 2010) concluded Virginia Tech violated this Act. Additionally, the Department of Education fined the University $55,000 in March 2011 for "failure to issue a timely warning" in response to the shootings at West Ambler Johnston. The university appealed the fine, arguing that actions were in compliance with guidelines distributed to schools by the Department of Education. In March 2012 the U.S. Department of Education’s administrative law judge ruled in favor of the university, stating: “This was not an unreasonable amount of time in which to issue a warning. …. if the later shootings at Norris Hall had not occurred, it is doubtful that the timing of the email would have been perceived as too late.”
University of California, Berkeley
On September 17, 2019 the US Department of Education issued a Final Program Review Determination following an analysis of UC Berkeley's policies, procedures and statistics from 2009–2016 that found UC Berkeley to have failed to comply with the Clery Act. On September 9, 2020, UC Berkeley and federal authorities reached a settlement agreement under which the campus will pay $2.35 million to the Department of Education and remain under a two-year monitoring agreement.
According to UC Berkeley's "SUMMARY of Department of Education Findings," the infractions committed are as follows:
* The vast majority of UC Berkeley’s misclassifications of incidents (982 of the 1,125 total misclassifications or approximately 87 percent) were improperly classified student disciplinary referrals.
* The Department of Education found that the campus lacked the administrative capability to administer the Clery Act. Many of the findings are technical and administrative in nature and relate to the classification of crimes, compliance with Daily Crime Log requirements, compilation and disclosure of various crime statistics and the failure to issue the Annual Security and Fire Safety Report each year under the exacting standards required.
* The Department also concluded that the university failed to follow its sexual violence and sexual harassment policies with regard to simultaneous notification of a disciplinary outcome to a single complainant, failed to issue Emergency Notifications appropriately in an SVSH matter in 2013 and a campus protest in 2017, failed to issue Timely Warnings and maintain appropriate documentation.
University of Montana
In 2018, the Department of Education cited the University of Montana “for inaccurate and misleading crime statistics for calendar years 2012 through 2015," resulting in a nearly $1 million fine which the university is appealing.
Liberty University
In March of 2024, the Department of Education issued a record-high fine of $14 million for 11 violations, including "failing to maintain an accurate, daily crime log; failing to issue timely warnings to the campus community about reportable crimes; and failing to comply with numerous sexual violence prevention and response requirements." In a public statement, Liberty announced $2 million in campus funds that will be put toward safety improvements.
See also
*
Crime mapping
Crime mapping is used by analysts in law enforcement agency, law enforcement agencies to map, visualize, and analyze crime incident patterns. It is a key component of crime analysis and the CompStat policing strategy. Mapping crime, using Geogr ...
*
Duty to warn
A duty to warn is a concept that arises in the law of torts in a number of circumstances, indicating that a party will be held liable for injuries caused to another, where the party had the opportunity to warn the other of a hazard and failed to d ...
*
Family Educational Rights and Privacy Act
The Family Educational Rights and Privacy Act of 1974 (FERPA or the Buckley Amendment) is a United States federal law that governs the access to educational information and records by public entities such as potential employers, publicly funded ...
(FERPA)
*
Murder of Yeardley Love
References
{{Reflist
External links
Laws and regulations
Clery Act - 20 USC 1092(f)Legislative history of the Clery Act
Crime statistics
US Department of Education's Campus Security Statistics Website
Other information
Catalog of full reportsClery Center- Information regarding the Clery Act
Clery Act Campus Crime Reporting Handbook(
PDF
Portable document format (PDF), standardized as ISO 32000, is a file format developed by Adobe Inc., Adobe in 1992 to present documents, including text formatting and images, in a manner independent of application software, computer hardware, ...
)
SPLC's Student Media Guide to the Clery Act
United States federal education legislation
United States federal criminal legislation