Authors: Andrea Stagg, Director of Consulting Services | Jess Ettel Irvine, Clery Services

After an emergency on a college campus is reported in the news, many institutions of higher education reflect on their own emergency procedures. They may initiate a review of their emergency response plans, protocols for crisis communications, as well as training for employees involved in implementing those response plans. As institutions review their processes and make any necessary revisions, they should keep in mind the Clery Act requirements.

Background of Clery Act Requirements on Emergency Response and Timely Warnings

The Jeanne Clery Disclosure of Campus Security and Campus Crime Statistics Act was signed into law as the “Crime Awareness and Campus Security Act” in 1990. The statute initially included the requirement for “timely reports to the campus community on crimes considered to be a threat to other students and employees.” These reports were to be timely and intended to “aid in the prevention of similar occurrences.” The regulations issued in 1999 included Timely Warnings in Section 668.46(e), further describing that if a Clery crime is reported to a campus security authority or local police and considered to represent a threat to students or employees, the institution must report to the campus community those crimes “in a matter that is timely and will aid in the prevention of similar crimes.”

The 2005 Clery Handbook dedicated a chapter to Timely Warnings, acknowledging that “timely” is not defined by the Department of Education or the statute. The chapter reiterates that the purpose of the timely warning is to alert the campus community of continuing threats. There is no required format, but the notice “must be timely and reasonably likely to reach the entire campus community.”

In 2008, the law was amended in the aftermath of the 2007 the shooting at Virginia Tech, adding the requirement that Annual Security Reports include a statement about “current campus policies regarding immediate emergency response and evacuation procedures, including the use of electronic and cellular communication (if appropriate).” Such procedures must be publicized and tested annually.

This requirement introduced a new category of alerts: Emergency Notifications. Unlike Timely Warnings, Emergency Notifications are not limited to Clery-reportable crimes and also do not need to be sent to the entire campus community; they can be limited to a segment of the community for whom the notification is relevant. These alerts must be sent out for any immediate threat to the health and safety of students and staff on campus, such as an active shooter, gas leak, or hazardous waste spill.

The Clery Appendix, which replaced the rescinded 2016 Clery Handbook, includes the following chart to memorialize the distinctions between the two types of notices:

These updates have helped shift campus response programs and have prompted institutions to think about training programs, educational programming, and policy development to balance immediate safety with preventative structures that keep their campuses safe.

What to Do Now

Now is a good time to review your Annual Security Report and ensure that it includes all of the required policy statements and information. For example, are the tests for your emergency notification system documented in your ASR? Then take it a step further and check that there are existing policies and protocols that align with those ASR policy statements. Next, determine whether those policies are consistently followed, and whether all the appropriate stakeholders have been trained for their particular role. We know how dynamic higher education staffing can be; people are promoted, switching roles, and moving from institution to institution. Anyone who has a role to play in your emergency response must be properly trained to perform their expected role.

We encourage institutions to host at least one drill annually with the immediate response team to ensure key stakeholders know their roles and responsibilities and are prepared to act if an incident occurs. Remember that your initial response group should be as limited as possible to ensure prompt messaging. Expanding the group for approval of notifications, language of the messages, and consensus can cause delays. There should always be one point of contact, and a backup for that person, with the authority to make a decision if timing is critical.

Following an incident, it is important to conduct a debrief with your response team. A SWOT Analysis (Strengths, Weaknesses, Opportunities, Threats) is a great way to strategically plan for the next time there is a need to activate the notification systems.

In light of the tragic shooting at Brown University, the Department of Education has opened an investigation to consider the University’s compliance. This step is not unusual; Clery reviews can follow when “a media event raises certain concerns,” according to the Department. Please note that, at this time, the Clery Act does not contain any minimum standards for surveillance personnel or equipment, such as cameras.

Grand River Solutions can support your Clery needs, including ASR production, data reconciliation, CSA training, Clery training for Clery Coordinators, and more.