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Higher Education Act of 1965, §485(f) (20 U.S.C. 1092(f)), the "Jeanne Clery Disclosure of 

Campus Security Policy and Campus Crime Statistics Act"

Showing amendments that would be made by §304(a) of S. 47, the "Violence Against Women 

Reauthorization Act of 2013", as passed by the Senate on February 12, 2013, 

and by the House on February 28, 2013

§ 485. Institutional and financial assistance information for students. (20 U.S.C. 1092)

(f) DISCLOSURE OF CAMPUS SECURITY POLICY AND CAMPUS CRIME STATISTICS.—

(1) Each eligible institution participating in any program under this title, other than a foreign 

institution of higher education, shall on August 1, 1991, begin to collect the following information 

with respect to campus crime statistics and campus security policies of that institution, and 

beginning September 1, 1992, and each year thereafter, prepare, publish, and distribute, 

through appropriate publications or mailings, to all current students and employees, and to any 

applicant for enrollment or employment upon request, an annual security report containing at 

least the following information with respect to the campus security policies and campus crime 

statistics of that institution:

(A) A statement of current campus policies regarding procedures and facilities for 

students and others to report criminal actions or other emergencies occurring on campus 

and policies concerning the institution’s response to such reports.

(B) A statement of current policies concerning security and access to campus facilities, 

including campus residences, and security considerations used in the maintenance of 

campus facilities.

(C) A statement of current policies concerning campus law enforcement, including—

(i) the law enforcement authority of campus security personnel;

(ii) the working relationship of campus security personnel with State and local law 

enforcement agencies, including whether the institution has agreements with such 

agencies, such as written memoranda of understanding, for the investigation of alleged 

criminal offenses; and

(iii) policies which encourage accurate and prompt reporting of all crimes to the 

campus police and the appropriate law enforcement agencies[, when the victim of 

such crime elects or is unable to make such a report.]

(D) A description of the type and frequency of programs designed to inform students 

and employees about campus security procedures and practices and to encourage 

students and employees to be responsible for their own security and the security of 

others.

(E) A description of programs designed to inform students and employees about the 

prevention of crimes.

(F) Statistics concerning the occurrence on campus, in or on noncampus buildings or 

property, and on public property during the most recent calendar year, and during the 2 

preceding calendar years for which data are available—

(i) of the following criminal offenses reported to campus security authorities or local 

police agencies:

(I) murder;

Comment [AH1]: §668.46 (b)(4)(iii)

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(II) sex offenses, forcible or nonforcible;

(III) robbery;

(IV) aggravated assault;

(V) burglary;

(VI) motor vehicle theft;

(VII) manslaughter;

(VIII) arson; [and]

(IX) arrests or persons referred for campus disciplinary action for liquor law 

violations, drug-related violations, and weapons possession; and

(ii) of the crimes described in subclauses (I) through (VIII) of clause (i), of larcenytheft, simple assault, intimidation, and destruction, damage, or vandalism of property, 

and of other crimes involving bodily injury to any person, in which the victim is 

intentionally selected because of the actual or perceived race, gender, religion, 

[national origin,] sexual orientation, [gender identity,] ethnicity, or disability of the 

victim that are reported to campus security authorities or local police agencies, which 

data shall be collected and reported according to category of prejudice[. ; and

(iii) of domestic violence, dating violence, and stalking incidents that were 

reported to campus security authorities or local police agencies.]

(G) A statement of policy concerning the monitoring and recording through local police 

agencies of criminal activity at off-campus student organizations which are recognized by 

the institution and that are engaged in by students attending the institution, including those 

student organizations with off-campus housing facilities.

(H) A statement of policy regarding the possession, use, and sale of alcoholic 

beverages and enforcement of State underage drinking laws and a statement of policy 

regarding the possession, use, and sale of illegal drugs and enforcement of Federal and 

State drug laws and a description of any drug or alcohol abuse education programs as 

required under section 120 of this Act.

(I) A statement advising the campus community where law enforcement agency 

information provided by a State under section 170101( j) of the Violent Crime Control and 

Law Enforcement Act of 1994 (42 U.S.C. 14071(j)), concerning registered sex offenders 

may be obtained, such as the law enforcement office of the institution, a local law 

enforcement agency with jurisdiction for the campus, or a computer network address.

(J) A statement of current campus policies regarding immediate emergency response 

and evacuation procedures, including the use of electronic and cellular communication (if 

appropriate), which policies shall include procedures to—

(i) 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 occurring on the campus, as defined in paragraph (6), unless 

issuing a notification will compromise efforts to contain the emergency;

(ii) publicize emergency response and evacuation procedures on an annual basis in 

a manner designed to reach students and staff; and

(iii) test emergency response and evacuation procedures on an annual basis.

Comment [JF2]: §668.46 (c)(3)(vi) and (iii), 

respectively

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Comment [AH3]: §668.46 (c)(1)(iii)(A-C)

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(2) Nothing in this subsection shall be construed to authorize the Secretary to require 

particular policies, procedures, or practices by institutions of higher education with respect to 

campus crimes or campus security.

(3) Each institution participating in any program under this title, other than a foreign 

institution of higher education, shall make timely reports to the campus community on crimes 

considered to be a threat to other students and employees described in paragraph (1)(F) that 

are reported to campus security or local law police agencies. Such reports shall be provided 

to students and employees in a manner that is timely[, that withholds the names of victims 

as confidential,] and that will aid in the prevention of similar occurrences.

(4)(A) Each institution participating in any program under this title, other than a foreign 

institution of higher education, that maintains a police or security department of any kind shall 

make, keep, and maintain a daily log, written in a form that can be easily understood, 

recording all crimes reported to such police or security department, including—

(i) the nature, date, time, and general location of each crime; and

(ii) the disposition of the complaint, if known.

(B)(i) All entries that are required pursuant to this paragraph shall, except where 

disclosure of such information is prohibited by law or such disclosure would jeopardize the 

confidentiality of the victim, be open to public inspection within two business days of the 

initial report being made to the department or a campus security authority.

(ii) If new information about an entry into a log becomes available to a police or 

security department, then the new information shall be recorded in the log not later 

than two business days after the information becomes available to the police or 

security department.

(iii) If there is clear and convincing evidence that the release of such information 

would jeopardize an ongoing criminal investigation or the safety of an individual, cause 

a suspect to flee or evade detection, or result in the destruction of evidence, such 

information may be withheld until that damage is no longer likely to occur from the 

release of such information.

(5) On an annual basis, each institution participating in any program under this title, other 

than a foreign institution of higher education, shall submit to the Secretary a copy of the 

statistics required to be made available under paragraph (1)(F). The Secretary shall—

(A) review such statistics and report to the authorizing committees on campus crime 

statistics by September 1, 2000;

(B) make copies of the statistics submitted to the Secretary available to the public; and

(C) in coordination with representatives of institutions of higher education, identify 

exemplary campus security policies, procedures, and practices and disseminate 

information concerning those policies, procedures, and practices that have proven 

effective in the reduction of campus crime.

(6)(A) In this subsection:

[(i) The terms "dating violence", "domestic violence", and "stalking" have the 

meaning given such terms in section 40002(a) of the Violence Against Women 

Act of 1994 (42 U.S.C. 13925(a)).]

[(i) (ii)] The term ‘‘campus’’ means—

Comment [AH4]: §668.46 (e)(1)

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Comment [AH5]: §668.46 (a), definitions of 

“dating violence,” “domestic violence,” and 

“stalking” 

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(I) any building or property owned or controlled by an institution of higher 

education within the same reasonably contiguous geographic area of the institution 

and used by the institution in direct support of, or in a manner related to, the 

institution’s educational purposes, including residence halls; and

(II) property within the same reasonably contiguous geographic area of the 

institution that is owned by the institution but controlled by another person, is used 

by students, and supports institutional purposes (such as a food or other retail 

vendor).

[(ii) (iii)] The term ‘‘noncampus building or property’’ means—

(I) any building or property owned or controlled by a student organization 

recognized by the institution; and

(II) any building or property (other than a branch campus) owned or controlled by 

an institution of higher education that is used in direct support of, or in relation to, 

the institution’s educational purposes, is used by students, and is not within the 

same reasonably contiguous geographic area of the institution.

[(iii) (iv)] The term ‘‘public property’’ means all public property that is within the 

same reasonably contiguous geographic area of the institution, such as a sidewalk, a 

street, other thoroughfare, or parking facility, and is adjacent to a facility owned or

controlled by the institution if the facility is used by the institution in direct support of, or 

in a manner related to the institution’s educational purposes.

[(v) The term “sexual assault” means an offense classified as a forcible or 

nonforcible sex offense under the uniform crime reporting system of the Federal 

Bureau of Investigation.]

(B) In cases where branch campuses of an institution of higher education, schools 

within an institution of higher education, or administrative divisions within an institution are 

not within a reasonably contiguous geographic area, such entities shall be considered 

separate campuses for purposes of the reporting requirements of this section.

(7) The statistics described in [clauses (i) and (ii) of] paragraph (1)(F) shall be compiled

in accordance with the definitions used in the uniform crime reporting system of the 

Department of Justice, Federal Bureau of Investigation, and the modifications in such 

definitions as implemented pursuant to the Hate Crime Statistics Act. [For the offenses of 

domestic violence, dating violence, and stalking, such statistics shall be compiled in 

accordance with the definitions used in section 40002(a) of the Violence Against 

Women Act of 1994 (42 U.S.C. 13925(a)).] Such statistics shall not identify victims of 

crimes or persons accused of crimes.

(8)(A) Each institution of higher education participating in any program under this title [and 

title IV of the Economic Opportunity Act of 1964], other than a foreign institution of higher

education, shall develop and distribute as part of the report described in paragraph (1) a 

statement of policy regarding—

(i) such institution’s [campus sexual assault] programs[, which shall be aimed at 

prevention of sex offenses to prevent domestic violence, dating violence, sexual 

assault, and stalking]; and

(ii) the procedures [followed once a sex offense has occurred that such 

institution will follow once an incident of domestic violence, dating violence, 

sexual assault, or stalking has been reported, including a statement of the 

Comment [AH6]: §668.46 (a), definition of 

“sexual assault”

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Comment [AH7]: §668.46 (c)(1)(iii) (A-C)

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Comment [AH8]: §668.46 (b)(11)

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Comment [AH9]: §668.46 (b)(11)(ii)

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standard of evidence that will be used during any institutional conduct 

proceeding arising from such a report].

(B) The policy described in subparagraph (A) shall address the following areas:

(i) Education programs to promote the awareness of rape, acquaintance rape, [and 

other sex offenses domestic violence, dating violence, sexual assault, and 

stalking, which shall include—

(I) primary prevention and awareness programs for all incoming students 

and new employees, which shall include—

(aa) a statement that the institution of higher education prohibits the 

offenses of domestic violence, dating violence, sexual assault, and 

stalking;

(bb) the definition of domestic violence, dating violence, sexual assault, 

and stalking in the applicable jurisdiction;

(cc) the definition of consent, in reference to sexual activity, in the 

applicable jurisdiction;

(dd) safe and positive options for bystander intervention that may be 

carried out by an individual to prevent harm or intervene when there is a 

risk of domestic violence, dating violence, sexual assault, or stalking 

against a person other than such individual;

(ee) information on risk reduction to recognize warning signs of abusive 

behavior and how to avoid potential attacks; and

(ff) the information described in clauses (ii) through (vii); and

(II) ongoing prevention and awareness campaigns for students and faculty, 

including information described in items (aa) through (ff) of subclause (I).]

(ii) Possible sanctions [to be imposed or protective measures that such 

institution may impose following the a final determination of an on-campus

institutional] disciplinary procedure regarding rape, acquaintance rape, [or other sex 

offenses, forcible or nonforcible domestic violence, dating violence, sexual 

assault, or stalking].

(iii) Procedures [students victims] should follow if a sex offense[, domestic 

violence, dating violence, sexual assault, or stalking occurs has occurred,

including who should be contacted, the importance of preserving evidence as 

may be necessary to the proof of criminal sexual assault, and to whom the 

alleged offense should be reported information in writing about—

(I) the importance of preserving evidence as may be necessary to the proof 

of criminal domestic violence, dating violence, sexual assault, or stalking, or 

in obtaining a protection order;

(II) to whom the alleged offense should be reported;

(III) options regarding law enforcement and campus authorities, including 

notification of the victim’s option to—

(aa) notify proper law enforcement authorities, including on-campus and 

local police;

Comment [AH10]: §668.46 (k)(1)(ii)

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Comment [AH11]: §668.46 (b)(11)(i) and 

§668.46(j)(1)(vi)

Pages 12 and 30

Comment [AH12]: §668.46 (j)(1)(vi)

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Comment [AH13]: §668.46 (j)(1)(i)

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Comment [AH14]: §668.46 (j)(1)(ii)

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Comment [AH15]: §668.46 (j)(1)(iii)

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Comment [AH16]: §668.46 (j)(1)(iv)

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Comment [AH17]: §668.46 (j)(1)(v)

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Comment [AH18]: §668.46 (j)(1)(vii)

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Comment [AH19]: §668.46 (k)(1)(iii)

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Comment [AH20]: §668.46 (b)(11)(ii)

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Comment [AH21]: §668.46 (b)(11)(ii)(A)

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Comment [AH22]: §668.46 (b)(11)(ii)(B)

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Comment [AH23]: §668.46 (b)(11)(ii)(C)

Page 12-13

Comment [AH24]: §668.46 (b)(11)(ii)(C)(1)

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(bb) be assisted by campus authorities in notifying law enforcement 

authorities if the victim so chooses; and

(cc) decline to notify such authorities; and

(III) where applicable, the rights of victims and the institution’s 

responsibilities regarding orders of protection, no contact orders, restraining 

orders, or similar lawful orders issued by a criminal, civil, or tribal court].

(iv) Procedures for [on-campus institutional] disciplinary action in cases of alleged

[domestic violence, dating violence,]sexual assault, [or stalking], which shall 

include a clear statement that—

[(I) such proceedings shall—

(aa) provide a prompt, fair, and impartial investigation and resolution; 

and

(bb) be conducted by officials who receive annual training on the issues 

related to domestic violence, dating violence, sexual assault, and stalking

and how to conduct an investigation and hearing process that protects the 

safety of victims and promotes accountability.

(I) (II)] the accuser and the accused are entitled to the same opportunities to 

have others present during [a campus an institutional disciplinary proceeding, 

including the opportunity to be accompanied to any related meeting or 

proceeding by an advisor of their choice]; and

[(II) (III)] both the accuser and the accused shall be [simultaneously] informed[, 

in writing,] of[—

[(aa)] the outcome of any [campus institutional] disciplinary proceeding

[brought alleging a that arises from an allegation of domestic violence, 

dating violence,] sexual assault[, or stalking;

(bb) the institution’s procedures for the accused and the victim to appeal 

the results of the institutional disciplinary proceeding;

(cc) of any change to the results that occurs prior to the time that such 

results become final; and

(dd) when such results become final.]

(v) [Informing students of their options to notify proper law enforcement 

authorities, including on-campus and local police, and the option to be assisted 

by campus authorities in notifying such authorities, if the student so chooses.

Information about how the institution will protect the confidentiality of victims,

including how publicly-available recordkeeping will be accomplished without the 

inclusion of identifying information about the victim, to the extent permissible by 

law.]

(vi) [Written Nn]otification of students [and employees about of] existing 

counseling,[ health,] mental health [or student, victim advocacy, legal assistance, 

and other] services [available] for victims [of sexual assault,] both on[-]campus and 

in the community.

(vii) [Written Nn]otification of [students victims of about] options for, and 

available assistance in, changing academic[, and] living[, transportation, and 

working] situations [after an alleged sexual assault incident], if so requested by the 

Comment [AH25]: §668.46 (b)(11)(ii)(C)(2)

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Comment [AH26]: §668.46 (b)(11)(ii)(C)(3)

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Comment [AH27]: §668.46 (b)(11)(ii)(D)

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Comment [AH28]: §668.46 (b)(11)(vi) and 

§668.46(k)

Pages 14-15 and 33

Comment [AH29]: §668.46 (k)(2)(i)

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Comment [AH30]: §668.46 (k)(2)(ii)

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Comment [AH31]: §668.46 (k)(2)(iii)

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Comment [AH32]: §668.46 (k)(2)(iv)

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Comment [AH33]: §668.46 (k)(2)(iv)(A)

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Comment [AH34]: §668.46 (k)(2)(iv)(B)

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Comment [AH35]: §668.46 (k)(2)(iv)(C)

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Comment [AH36]: §668.46 (k)(2)(iv)(D)

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Comment [AH37]: §668.46 (b)(11)(iii)

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Comment [AH38]: §668.46 (b)(11)(iv)

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victim and if such [changes accommodations] are reasonably available[, regardless 

of whether the victim chooses to report the crime to campus police or local law 

enforcement.]

(C) [Nothing in this paragraph shall be construed to confer a private right of 

action upon any person to enforce the provisions of this paragraph. A student or 

employee who reports to an institution of higher education that the student or 

employee has been a victim of domestic violence, dating violence, sexual assault, 

or stalking, whether the offense occurred on or off campus, shall be provided with a 

written explanation of the student or employee’s rights and options, as described in 

clauses (ii) through (vii) of subparagraph (B).]

(9) The Secretary[, in consultation with the Attorney General of the United States,]

shall provide technical assistance in complying with the provisions of this section to an 

institution of higher education who requests such assistance.

(10) Nothing in this section shall be construed to require the reporting or disclosure of 

privileged information.

(11) The Secretary shall report to the appropriate committees of Congress each institution 

of higher education that the Secretary determines is not in compliance with the reporting 

requirements of this subsection.

(12) For purposes of reporting the statistics with respect to crimes described in 

paragraph (1)(F), an institution of higher education shall distinguish, by means of separate 

categories, any criminal offenses that occur—

(A) on campus;

(B) in or on a noncampus building or property;

(C) on public property; and

(D) in dormitories or other residential facilities for students on campus.

(13) Upon a determination pursuant to section 487(c)(3)(B) that an institution of higher 

education has substantially misrepresented the number, location, or nature of the crimes 

required to be reported under this subsection, the Secretary shall impose a civil penalty upon 

the institution in the same amount and pursuant to the same procedures as a civil penalty is 

imposed under section 487(c)(3)(B).

(14)(A) Nothing in this subsection may be construed to—

(i) create a cause of action against any institution of higher education or any employee 

of such an institution for any civil liability; or

(ii) establish any standard of care.

(B) Notwithstanding any other provision of law, evidence regarding compliance or 

noncompliance with this subsection shall not be admissible as evidence in any proceeding of 

any court, agency, board, or other entity, except with respect to an action to enforce this 

subsection.

(15) The Secretary shall annually report to the authorizing committees regarding 

compliance with this subsection by institutions of higher education, including an up-to-date 

report on the Secretary’s monitoring of such compliance.

Comment [AH39]: §668.46 (b)(11)(v)

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Comment [AH40]: §668.46 (b)(11)(vii)

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(16)[(A)] The Secretary [may shall] seek the advice and counsel of the Attorney General 

[of the United States] concerning the development, and dissemination to institutions of 

higher education, of best practices information about campus safety and emergencies.

[(B) The Secretary shall seek the advice and counsel of the Attorney General of 

the United States and the Secretary of Health and Human Services concerning the 

development, and dissemination to institutions of higher education, of best 

practices information about preventing and responding to incidents of domestic 

violence, dating violence, sexual assault, and stalking, including elements of 

institutional policies that have proven successful based on evidence-based 

outcome measurements.]

(17) [Nothing in this subsection shall be construed to permit an institution, or an

No] officer, employee, or agent of an institution, participating in any program under this title

[to shall] retaliate, intimidate, threaten, coerce, or otherwise discriminate against any 

individual [with respect to the implementation of for exercising their rights or 

responsibilities under] any provision of this subsection.

(18) This subsection may be cited as the ‘‘Jeanne Clery Disclosure of Campus Security 

Policy and Campus Crime Statistics Act”.

Section 304(b) of S. 47 provides as follows:

(b) Effective Date. The amendments made by this section shall take effect with respect 

to the annual security report under section 485(f)(1) of the Higher Education Act of 1965 

(20 U.S.C. 1092(f)(1)) prepared by an institution of higher education 1 calendar year after 

the date of enactment of this Act, and each subsequent calendar year.

[END]

Comment [JF41]: §668.46(m)

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