Clery Act FAQs
What is the Jeanne Clery Campus Safety Act?
The Jeanne Clery Campus Safety Act is a federal law originally known as the Campus Security Act. This law, enforced by the U.S. Department of Education, requires universities that participate in federal financial aid programs to disclose information about crime on and around campuses. Because the law is tied to federal student financial aid programs, it applies to most public and private institutions of higher education.
Are Clery and Title IX the same thing?
No! While there are similarities between the two, they pertain to different laws. The Clery Act focuses on the reporting of Clery-defined crimes occurring within Clery-defined geography. Reports are for statistical and safety review purposes and investigation may not take place if not wanted by the victim. Crime reports must be forwarded by CSAs and names can be withheld. Title IX requires any incident of sexual harassment or misconduct, which includes sexual assault, stalking, domestic violence or dating violence occurring on campus, or between members of the campus community, whether on-or-off campus, must be reported and then investigated by Title IX, regardless of whether the victim desires the investigation. Reports must be forwarded by “Responsible Employees” to the Title IX Coordinator, and the report must include the names of those involved when known.
What is required of SMSU to remain Clery compliant?
- Publish an annual fire safety and security report containing campus security policy disclosures and statistics for the previous three years for all campuses.
- Submit crime and fire statistics to the Department via a Web-based data collection.
- Request crime statistics from local law enforcement in the jurisdictions where the institution is located.
- Issue timely warning alerts to the campus community about crimes that pose a serious or continuing threat to safety.
- Keep a daily crime and fire log that catalogs all crimes reported to the campus police.
- Have procedures for institutional disciplinary action in cases of dating violence, domestic violence, sexual assault, and stalking. Disclose your policy and procedures in the annual security report.
- Have emergency notification and evacuation procedures, disclose these in the annual fire safety and security report.
- Have missing student notification procedures to aid in determining if a student is missing and in notifying law enforcement personnel. Disclose your policy and procedures in the annual security report.
- Have in place primary and ongoing prevention and awareness programs and campaigns for students and employees.
What can happen to SMSU if it is not compliant with the Clery Act?
Institutions that are found by the Department of Education to be in violation of the Clery Act may face warnings, fines, per violation, of up to $71,545 (which increases each year with inflation), the limitation or suspension of federal aid, or the loss of eligibility to participate in federal student aid programs.
How do I report a crime?
If a person reveals they have been involved in an incident that might involve a crime, (reportable or otherwise) contact the SMSU Public Safety Department at 507-537-7252. Reporting a crime to campus safety does not mean charges must be filed; instead, it allows for discussion of options and helps the University obtain accurate information for statistical reporting. It is important that information is reported as soon as possible so it may be evaluated to determine if an immediate notification should be issued to students, faculty, and staff regarding the criminal activity. Timely warnings may be disseminated to communicate Clery crimes and safety tips to the community for situations that may present an ongoing threat.
CSA Incident Report forms aid in recording important details for statistical information and can be located and filled out from the link provided: https://www.smsu.edu/campuslife/publicsafety/forms/campus-security-authority-reporting.html
If you don't have all the information please submit what you do have.
Last Modified: 2/28/25 12:07 PM | Website Feedback