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IACLEA President Testified @ U.S. DoED RE: Clery Act

IACLEA President David Bousquet testified October 4 before the U.S. Department of Education Task Force on Regulatory Reform, suggesting modifications to the federal Clery Act. The hearing is part of President Trump’s initiative on regulatory reform, issued by executive order February 24, 2017.

Bousquet reasserted IACLEA’s support for the goals of the Clery Act, stating, “we believe that, overall, it has helped enhance the safety of our campus communities. Our members attempt to faithfully carry out the provisions of the Clery Act on a daily basis.”

He testified that some of the statute’s implementing regulations and sub-regulatory guidance are unclear and add to the compliance challenges for colleges and universities without a corresponding increase in student, faculty, and staff safety.

Bousquet highlighted three areas where that occurs and suggested Clery requirements be lifted:

Non-Campus Property: Foreign Countries and Short Stays

In sub-regulatory guidance, the Department of Education has directed colleges and universities to collect and report crime statistics for facilities used for overseas study and for facilities not directly associated with the campus (such as hotels for student athletes during away-game travel).

Uniform Definitions of Clery Crimes—Consistency with FBI’s UCR

Some Clery Act implementing regulations require reporting crimes that are not crimes in every state. In some instances, the Clery Act definitions conflict with state definitions. In others, the crime is not clearly defined by Clery and its regulations or in state law.

IACLEA recommends that Clery Act crimes be defined consistent with the FBI Uniform Crime Reporting (UCR) system and, then, once the FBI National Incident Base Reporting System is fully functional, to align with that system.

Bousquet emphasized that IACLEA recommends all member institutions take proactive steps in these areas, regardless of the Clery requirements.

Earlier this year, IACLEA announced a partnership with the Clery Center, the non-profit organization dedicated to guiding institutions of higher education to implement effective campus safety measures, to educate campus Clery compliance officers on accurate reporting. The organizations co-hosted the first in a Webinar series on September 27.

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