From the Hotline

By Legal Department
Pennsylvania Newspaper Association

Q: Can I get information about crimes committed on college campuses?

A: Yes. The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the Clery Act) requires schools to provide three different types of records: (1) an annual statistical report, (2) a daily campus crime log and (3) "timely reports" regarding crimes that present an ongoing threat to the campus community.

All post-secondary institutions, public and private, receiving federal financial assistance are covered by the Act.

Colleges and universities are required to publish and distribute an annual security report that contains, among other things: (1) campus security policies and procedures, (2) the law enforcement authority status of security personnel, including their working relationship with state and local police agencies, (3) a description of drug and alcohol abuse, crime prevention and sexual assault education programs available to the campus community, and (4) actual campus crime statistics.

The report must include the following crimes and violations: (1) criminal homicide, which must be separated to distinguish between (a) murder and nonnegligent homicide and (b) negligent manslaughter, (2) sex offenses (separated to distinguish between forcible and nonforcible acts), (3) robbery, (4) aggravated assault, (5) burglary, (6) motor vehicle theft and (7) arson. Where an arrest or disciplinary referral is made, a school must also report statistics concerning: (9) liquor law violations, (10) drug law violations and (11) illegal weapons possession.9

Statistics must also be maintained for crimes in categories (1)-(8), above, or any other crime involving bodily injury, in which the victim was intentionally selected because of his or her actual or perceived race, gender, religion, sexual orientation, ethnicity or disability. Finally, crimes must be broken down based on where they occurred (on campus, in a student residential facility, in a noncampus building or property, or on public property).

Institutions must make the report available by Oct. 1 of each year.

Colleges and universities must also keep and maintain a daily log recording all crimes reported to the police or security department and make that log "open to public inspection." during the police or security department's normal business hours. Crimes must be added to the log within two business days of the initial report being made to the campus police or security department. Information must include the (1) nature, (2) date, (3) time and (4) general location of each crime and (5) the disposition of the complaint, if known

A school does not have to release information in the log if (1) disclosure of that information is prohibited by law or (2) disclosure would jeopardize the confidentiality of the victim. Information can also be withheld if (3) there is clear and convincing evidence that the release of the information would: (i) jeopardize an ongoing criminal investigation or (ii) the safety of an individual, (iii) cause a suspect to flee or evade detection, or (iv) result in the destruction of evidence. These exemptions should be interpreted narrowly, and an institution may only withhold the specific information required to avoid the above risks. Once the risk has passed, the institution must disclose all information.

In addition to the annual statistical report and daily police log, the Clery Act requires that schools make "timely reports to the campus community on crimes considered to be a threat to other students and employees ..."

An institution that does not comply with the Clery Act (which includes providing inaccurate information) risks being fined up to $25,000 for each violation and could lose its federal funding.

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