Thumbnail Guide to the Federal Campus Crime Reporting Law

A Thumbnail Guide to the Federal Campus Crime Reporting Law, from The Reporter

BACKGROUND: In 1990, President George Bush signed into law the Campus Security Act, now known as the Clery Act, mandating an annual summary of college crime statistics for students, faculty, staff, prospective students and their parents. Many colleges ignored or violated the law. In 1996, the U.S. House of Representatives unanimously passed Resolution 470, calling on the U.S. Department of Education to vigorously enforce the campus crime disclosure law. Few colleges were cited for non-compliance. Congress then took up the Accuracy in Campus Crime Reporting Act (ACCRA) and incorporated it into the Higher Education Act of 1998. It calls for four kinds of reports from colleges: a daily campus police log of crime open and accessible to anyone, “timely reports” of crimes that present a danger or threat to the college community, lifting of FERPA restrictions on campus court proceedings, and a broadened and enhanced annual report on campus crime statistics. Final draft regulations were issued by the U.S. Department of Education on November 1, 1999. Student journalists and community newspaper reporters should print out or photocopy Part IX, 34 CFR, Part 668 of the Federal Register for 11-1-99, Vol. 64, No. 210.

DAILY CAMPUS POLICE LOG

All colleges in the U.S., public and private, receiving any federal funds (and that is all but two or three in the U.S.) must now (effective Oct. 1, 1998) “make, keep and maintain a daily log, written in a form that can be easily understood, recording all crimes reported” to the campus security office. This daily log must be “open to public inspection” for anyone and everyone.

Logs for the most recent 60 days must be available upon request. Older logs must be made available within two days of such a request. All crimes are to be added to the logs within two business days, including those on campus and off, within campus patrol areas. Logs must contain at least the nature of the crime, the date and time it occurred, and the disposition of the crime. Exceptions are rare and must be justified. Refusal or neglect should be reported immediately to the nearest Region Office of the Department of Education.

“TIMELY REPORTS” OF CAMPUS CRIME

Private and public colleges must also issue “timely reports to the campus community on crimes considered to be a threat to other students and employees.” A “timely report” is defined as one “that will aid in the prevention of similar occurrences,” such as a serial rape, robbery or mugging.

LIFTING OF FERPA RESTRICTIONS

College officials can no longer hide behind the so-called “Buckley Amendment” or FERPA (the Family Educational Records Privacy Act) when student or community journalists request the outcome of a secretive campus judicial proceeding.

ANNUAL CRIME REPORT

Each year, early in the autumn semester, all U.S. Colleges receiving federal funds (including Pell Grants), public and private alike, must report accurate statistics on homicides, manslaughter, sex offenses (rape), robbery, burglary, aggravated assault, car theft, arson and hate crimes. Liquor law, drug law and illegal weapon violations must also be reported when they involve an arrest or disciplinary referral. Statistics are compiled from reports from campus police, student life, personal, RA’s, coaches and outside police. The annual statistical report must also state college policies on security, working with other police, and education programs on alcohol and drug abuse, sexual assault and crime prevention.

If anyone has evidence that not all crimes are being reported, that person should notify the Department of Education Regional Office.

ADDENDUM: Failure to comply with any provision of these new federal campus crime reporting requirements may result in a fine of $25,000 and the possible loss of federal funding.

You will find a list of each Regional Office for the U.S. Department of Education, and their Directors on page four of this issue of The SCJ Reporter. Journalists who meet resistance from college officials in obtaining timely reports on campus crime are advised to call or email the Regional Office nearest them and issue a formal complaint.

* This sketch is provided by Dr. William M. Lawbaugh, Chair of the Campus Crime Task Force, a coalition of more than a dozen journalism organizations including the Society of Professional Journalists, the National Newspaper Association and College Media Advisers, Inc.