Is the Clery Act To Blame?
In a recent address to the campus, President Loeschke cited that one reason that the emergency crime reports are done the way that they are is to adhere to the Clery Act. This raises the question, what is the Clery Act?
The Clery Act is named after Jeanne Clery, a Lehigh University freshman who was raped and then murdered in her on-campus residence hall in 1986. This law was passed in 1990 and amended many times.
Under this law, the university must:
Publish an annual security report by October 1st of each year on crime statistics, security policies and procedures, and the basic rights guaranteed to sexual assault victims that occurred in the past three years.
Keep a public crime log including the "nature, date, time, and general location of each crime." Incidents must be recorded within two business days.
Disclose crime statistics of incidents that occur “on campus, in or on noncampus buildings or property, and on public property."
Crimes that must be reported in the crime log are:
Burglary from forced entry into a structure
Arrests or disciplinary action for liquor, drug, and weapon possession violations
Hate crimes that result in larceny/theft, simple assault, intimidation, or damage/vandalism of property
The university must also issue “timely reports” to the campus community about the crimes listed above that are “considered to be a threat to other students and employees.” However, this law does not explain what constitutes a threat.
The university must also have an emergency response and evacuation system, “including the use of electronic and cellular communication.” This is to notify the campus of a“significant emergency or dangerous situation involving an immediate threat to the health or safety of students or staff occurring on the campus.”
There are also clauses on fire safety, reporting missing students, and protecting crime victims and “whistleblowers” from potential retaliation.
Note: To read the actual law, go here.
How do the TU emergency crime alerts adhere to the Clery Act?
One major problem with implementing the Clery Act is that the law leaves it entirely open as to what constitutes a “significant emergency” or “threat.” Towson seems to be using a rather liberal use of the word “emergency” and consequently applies it to inclement weather and robberies of off campus stores that are not adjacent to the university, and thus do not need to be included in the crime log. Furthermore, the Clery Act does not demand that a suspect’s description be included in the report. It only demands that the university report the “nature, date, time, and general location.” Hence, in this area, it seems to be going far beyond what is required by this law.
However, in other areas, it seems to be lacking. While Towson may be publishing the annual crime reports, I have never personally seen any, nor do I know where to find them. The law is clear in that these reports must be distributed “through appropriate publications or mailings, to all current students and employees.” Hence, these reports should be readily accessible to all students and faculty.
