2016 Clery Handbook Changes

2016 Clery Handbook Changes

Table of Major and Minor Changes from the 2011 to 2016 Clery Act Handbooks

This table is a resource accompanying the URMIA GRAC White paper The 2016 Clery Handbook: New Developments and Important Changes. Users can feel free to use any, all, or part of the content created by the authors for non-commercial educational purposes in any way that is helpful. The 2016 Handbook changed pagination from prior Handbooks to be by chapter rather than the document in total. This can be confusing, so to aid understanding, we will cite to the Handbook using the system: (Chapter-Page, Page in this PDF of the Handbook).

Page # Change Comment Change Authorized by Statute/Regulation?
Intro Removed language stating "The views expressed herein do not necessarily represent the positions or policies of the U.S. Department of Education."   No
1-1, 12 Added VAWA language to Introduction.   Yes
1-4, 15 Reworded Purpose of Handbook to include “interpretations and guidance” as of the date of publication.   No
1-5, 16 Added per VAWA “what training programs your institution must provide” to list of key knowledge points.   Yes
1-8, 17 Updated address for submission of statistics   No
1-9, 20 Added per VAWA information on primary and ongoing prevention awareness programs to Table 1.   Yes
1-11, 22 Following upon prior regulatory change, noted increased fine per violation to $35,000 from $27,500 (statute still states $25,000).   Yes
2-3, 26 Added “Institution-associated hospitals and/or medical centers” to discussion of on-campus geography   No
2-2, 25 Made changes to controlled definition to include affiliated entities and to include control of a “portion” of a building or property.   No.
2-6, 29 Describes options for publishing ASR for institutions with more than one campus    
2-6, 29 Added definition of “organized program of study”    
2-8, 31 Added two new examples of separate campuses, “research campuses” and “athletic campuses or complexes”    
2-10, 33 More detail on student housing by written agreement with a third party    
2-10, 33 Added "parking facilities" and "dining halls"    
2-18, 41 Added "or registered" to noncampus property owned or controlled by recognized student organizations    
2-20, 43 Added more detail to example about renting a high school/non noncampus property    
2-22, 45 Added vans and mobile classrooms to noncampus examples    
2-25, 48 Repeated use of a location for school-sponsored trips Incorporates 2012 guidance  
2-25, 48 Short stay-away trips Major departure, huge implications for travel  
2-25, 48 Example about lack of control--when the host of a sports tournament arranges the housing, visiting institution doesn’t have control of that space (but host does).    
3-1, 52 New scenario that suggests stalking   Yes
3-2, 53 Removal of terminology non-forcible v. non-forcible rape, replaced with “sexual assault”   Yes
3-2, 53 Addition of VAWA offenses   Yes
3-2, 53 Added explanation that reports must be included for each category if it applies    
3-3, 54 Updates sources for definitions of crimes, and says to count crimes based on those and federal definitions.    
3-4, 55 Adds “with intent to murder” after “Assaults” in example of what should not be counted as Murder    
3-5, 56 Adds domestic violence to scenario 3   Yes
3-5, 56 Manslaughter by Negligence reworded from Negligent Manslaughter (2011); dropped elements of the crime    
3-6, 57 Complete reworking of Sexual Assault (Sex Offenses) because since 2011 dropped forcible and non-forcible terminology. Added a lot of new language   Yes
3-8, 59 Added dating violence reference to scenario 2   Yes
3-8, 59 Removed two scenarios that referred to “date rape drugs.” Added new scenario 8.    
3-10, 61 Removed definition of a weapon and example    
3-11, 62 Explains that the use of date rape drugs are aggravated assault unless it results in rape or murder    
3-12, 63 Added information on intent in classifying assaults    
3-13, 64 Added scenario 5 re date rape drug classified as aggravated assault, formerly under “forcible sex offense” in 2011 Handbook    
3-14, 65 Added to Unlawful Entry - No Force example of burglary, added information about non-tenants with free and regular access (not a burglary) and that burglary can occur even if through an open doorway or window.    
3-14, 65 Added to Attempted Forcible Entry example of burglary, about evaluating all information to identify the crime, instead of classifying as suspicious activity or vandalism.    
3-21, 72 “All of the evidence for any fire not known to be accidental must be considered by the institutional official designated to make such determinations” replaces requirement that all non-accidental fires be “investigated.”    
3-23, 74 Added six aggravated assaults to crimes counted in scenario 4 for the students hospitalized with second- and third-degree burns as a result of the arson Scenario didn’t change otherwise but resulting crimes did  
3-23, 74 Added statistic of one intentional fire in the fire statistics to scenario 5 Scenario didn’t change otherwise  
3-24, 75 Sexual assault replaces forcible and non-forcible sex offenses throughout this section; VAWA offenses referenced   Yes
3-24, 75 Arrests and Referrals removed from hierarchy list    
3-25, 76 Rules for counting Sexual Assaults within the hierarchy    
3-25, 76 Removed sections that explained attempted v. completed crimes, reminded that the association of victim/perp with institution is irrelevant, and reminded not to ID parties in statistics    
3-26, 77 Added gender identity to hate crime basis; separated ethnicity from national origin and expanded on national origin   Yes
3-27, 78 Changed Clery crimes v. Hate-Crime-Only Crimes from Group A and Group B (2011) to simply Criminal Offenses and those you count only if they are Hate Crimes    
3-29, 80 Replaced “computer” with “electronic” and updated FBI manual on hate crime collection    
3-30, 81 Added to examples in c, d, h, i re religion, sexual orientation, race, and gender identity. Some rewording re gay rights v LGBTQ, reference to Transgender  
3-32, 83 Added to feigned facts that the vandals hoped they would be excused from attending class    
3-35, 86 Added scenarios 8-12 with examples of hate crmes on the basis of ethnicity, national origin, religion, gender identity, and disability    
3-36, 87 to 3-41, 92 VAWA offenses added as the third category of crime statistics to disclose, including examples for each offense    
3-42, 93 Added “occur on your Clery Act geography” to statement that institutions must report statistics for violations of the law that result in arrests or referrals. Always been true but a clarification  
3-42, 93 New note that arrests and referrals are not covered by the Hierarchy Rule    
3-45, 96 Added records retention for arrest documentation - three years even if the record is expunged    
3-45, 96 Added potential sanctions,    
3-49, 106      
  Removed statutory and regulatory language and sample policies.   No

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