Discussion List for campus-based and allied personnel working to end gender-based violence on campus.

["S. Daniel Carter" <>]

The Clery Act, at 20 U.S.C. § 1092(f)(8)(B)(i), requires institutions of
postsecondary education to "develop and distribute" as a part of their
Annual Security Report (ASR) a statement of their "Education programs to
promote the awareness of rape, acquaintance rape, and other sex offenses."
This provision was added to the law in 1992 as a part of the Campus Sexual
Assault Victim's Bill of Rights.

In "The Handbook for Campus Crime Reporting" published in 2005 the U.S.
Department of Education articulated that these "programs are required by
Section 485(f) of the Higher Education Act" meaning that having at least
some programming is mandatory. Section 485(f) is the portion of the HEA that
is the Clery Act and is also cited as 20 U.S.C. § 1092(f).

The Act does not specify the format or frequency with which such programming
must occur just that it "shall be aimed at prevention of sex offenses" and
that a summary of it must be disclosed at least once annually in each
institution's ASR. So while there is wide flexibility in terms of what
programming different types of institutions offer, every institution must
offer at least some type of sexual assault awareness educational
programming.

This is one of those cases where it is important to remember that the Clery
Act is an institutional responsibility not just one for campus police or
security departments. Every office on campus that either offers or ought to
offer sexual assault awareness programming should be involved in
coordinating and disclosing this programming.

And as we approach the October 1st deadline for disseminating the ASR it is
also important to remember that as old programming is cycled out and new
programming cycled in that the disclosure ought to be updated to reflect
this.

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S. Daniel Carter
Director of Public Policy
Security On Campus, Inc.
http://www.securityoncampus.org/
e-mail: