U.S. Department Of Education Rescinds And Replaces 2016 Handbook For Campus Safety And Security Reporting

CATEGORY: Private Education Matters, Public Education Matters
CLIENT TYPE: Private Education, Public Education
DATE: Dec 09, 2020

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act contained specific campus safety- and security-related requirements for institutions of higher education. In an announcement made October 9, 2020, the U.S. Department of Education stated the 2016 Handbook for Campus Safety and Security Reporting and previous versions of the Handbook created additional requirements and expanded the scope of the statute and regulations. In an effort to eliminate guidance that extended beyond the statutory and regulatory requirements and reduce regulatory confusion, the Department rescinded the 2016 Handbook. However, this action does not change any statutory or regulatory requirements related to Clery Act reporting.

The Department will create a new appendix in the Federal Student Aid Handbook. Among the significant changes is guidance regarding Clery geography, Clery crimes, and Campus Security Authorities.

This rescission will inform the Department’s views moving forward, but the rescission will not retroactively apply to previous Department determinations regarding Clery Act violations, fines, enforcement actions, or any other related actions by the Department. Additionally, none of the changes in the new appendix effect on July 10, 2020, temporary extension (to December 31, 2020) that the Department provided regarding Clery reporting due to COVID-19.