Responsibility, Control, and Sexual Assault:

The Clery Act’s Legacy

Stephanie Hurley, Marshall University

MACUHO Annual Conference 2012

Intentions

• Explain Clery Act legislation and university responsibility.

• Discuss legal issues associated with Clery Act.• Explore housing specific concerns when responding to

sexual assault. • Discuss RA responsibilities and training. • Explore the relationship between victim rights and the

control of damaging information.

The Clery Act

• Jeanne Clery was raped and murdered in her residence hall in 1986.

• Litigation following resulted in the Crime Awareness and Campus Security Act, known as the Clery Act.

• Institutions who receive federal funding are required to collect and publish campus crime information.

• In effect for all crimes, even if they are not legally pursued.

Protections

• Students (and parents) have the right to have a clear picture of the crimes that occur on campus when selecting institutions for study.

• Colleges and universities are responsible for informing students, and the public, about the crimes committed on their campus.

Limitations

• Crimes are reported with or without victim permission. • Accuracy is a concern as there is a limited “audit” system

to hold institutions accountable for reporting crimes.

Mandates

• Collect, classify, and count crime statistics. • Issue campus alerts.• Publish an annual security report.• Submit crime statistics to Department of Education.• Keep a daily crime log (if campus police or security)• Institutions with housing must also:• Disclose missing student information • Disclose fire safety information (fire log)

The Clery Act and Sexual Assault

• Center for Disease Control and Prevention reports that 20-25% of all college aged women are victims of sexual assault.

• Victims of sexual assault often feel a loss of control. • The Clery Act requires reporting of their victimization,

regardless of their choice to prosecute.

Reports

• Marshall University and 17 peer institutions • Approximately 11,000 students each • 53% are women (5830)• 20-25% are sexually assaulted during college (1166-1457)• 4 years in an average student career (291-364) • 291-364 multiplied by the number of institutions (5238-6552)

Marshall Peer Institutions All Sexual Assaults

Marshall University 2Univeristy of South Alabama 6University of Arkansas at Little Rock 1University of Arkansas at Main Campus 1University of Idaho 3Southern Illinois University Edwardsville 0Morehead State University 1Oakland University 5Southeast Missouri State University 2University of Missouri - Kansas City 2University of Missouri Main Campus 0East Carolina University 4University of North Carolina - Greensboro 0Western Carolina University 5Univeristy of North Dakota 5East Tennessee State University 2Eastern Washington University 7Univresity of Wyoming 9

TOTAL 55

Responsibility and Control

• Institutions have a responsibility to report these numbers, but can control what assaults get reported.

• Staff have a responsibility to report these numbers and control over reporting them even if the victims do not want to pursue a complaint.

• Taking control away from victims may harm their ability to cope and heal and may lead to victims holding themselves responsible for their attacks.

• Students have control to choose other locations for their education if the numbers are too high.

• Reporting low numbers makes it easier for the public to see incidents as isolated and individual rather than pervasive and structural.

Implications for Housing

• We are often the first respondents. • Sometimes, these incidents take place in our halls. • RAs are often our informants. • Documentation is king.• Timing is significant. • Partnerships with other campus offices are important.• What are your policies?

Victim Rights

• When is it appropriate to report sexual assault? • Empower victims and discuss responsibility and control.• Am I just another statistic? • Title IX responsibilities exist as well.

Many, many thanks!

• What questions, comments, or thoughts do you have?