2008 Clery Act Amendments

Included In “Higher Education Opportunity Act” (Public Law 110-315)

Enacted Into Law August 14, 2008; Effective Immediately

Campus Emergency Response & Immediate Warning

The Higher Education Opportunity Act (HEOA) adds a statement of “emergency response and evacuation procedures” to the Clery Act annual security report (ASR) produced by institutions of postsecondary education. The policy disclosure “shall include” a statement that the institution will “immediately notify the campus community upon the confirmation of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or staff” on campus (as defined in the Act). Warnings may only be withheld if they would compromise efforts to contain the emergency. Accompanying “report” language calls for warnings to be issued “without any delay” following confirmation of an emergency.

Hate Crime Reporting

HEOA expands hate crime statistics reported under the Clery Act to include larceny-theft, simple assault, intimidation, and vandalism.

Law Enforcement Authority & Agreements For Investigating Crimes

HEOA expands the existing statement of policy on the law enforcement authority of campus security personnel to also include a disclosure about whether or not institutions have agreements, such as a written memorandum of understanding (MOU) with state & local police, for the investigation of alleged crimes.

Whistleblower Protection & Anti-Retaliation

HEOA establishes safeguards for “whistleblowers” by prohibiting any retaliatory action against any individual “with respect to the implementation of any provision” of the Clery Act.

U.S. Department of Education Reporting

HEOA requires the U.S. Department of Education (ED) to report to Congress annually on Clery Act compliance and their work to implement the law. It also authorizes, but does not require, ED to consult with the U.S. Department of Justice (DOJ) about the development & dissemination of “best practices” on campus safety and emergencies.

Technical Amendments

HEOA exempts foreign institutions located abroad from Clery Act reporting obligations and would change references to named Congressional committees to “authorizing” committees.