NVAA 2000 Text

Chapter 22 Supplement Special Topics

Section 4, Campus Crime and Victimization

Statistical Overview

Significant Legislation

In November 1999, the U.S. Department of Education issued final guidelines on the 1998 amendments to the Jeanne Clery Act regarding the public reporting of campus crime statistics that specifically address off-campus and adjacent-to-campus student victimization. The new regulations require the report of criminal victimization of students in off-campus housing that has a school affiliation, and on public and private property located off-campus but adjacent thereto. Schools are also expected to make a "good faith" effort to obtain crime report information from local police.

A second clarification of the Clery amendments expanded requirements for the reporting of hate crimes so that schools must report by category of prejudice be it race, gender, religion, orientation, ethnicity, or disability according to the FBI's Hate Crime Data Collection Guidelines (S.O.C. 1 November 1999).


The Foley amendment to the Clery Act establishes that the final results of disciplinary cases where a student has been found to have broken a school rule in association with a crime of violence or nonforcible sex offense are no longer protected from disclosure under federal student privacy laws. In a recent challenge to that Act, an Ohio Federal District Court judge ruled that campus court records at Miami University of Ohio and Ohio State University are "education records" protected from public release by the Family Educational Rights and Privacy Act (FERPA) and barred schools from releasing these types of records. This judgment includes the records of students found to have committed sexual assault and other serious crimes. Safety advocates and student journalists were disappointed by the decision because students cannot know the full extent of crime that occurs on the campuses without access to these records (Carter 20 March 2000).


Title 18 A.61E.1 of the New Jersey Code is a campus bill of rights for sexual assault victims that every institution of higher education in New Jersey is mandated to uphold. The following rights are afforded to student victims of sexual assault that occur on the campus of any public or independent institution of higher education and/or when the student involved is a victim of an off-campus assault:

Furthermore, sexual assault victims are to be free from any pressure from campus personnel:

Sexual Assault victims have the follow rights to resources off and on campus:

Sexual assault victims are entitled to the following campus judicial rights:

Sexual victims are entitled to the following campus intervention rights:


The New York Campus Safety Act requires institutions of higher education in New York state to implement written plans in cooperation with local law enforcement agencies when an investigation of a violent crime of a missing student becomes necessary. Brought about by the efforts of the family of Suzanne Lyall, a student at SUNY-Albany who disappeared in March 1998, the purpose of the Act is to set in motion a protocol that will avoid unnecessary delays that may increase the potential for tragedy. Articulation of "who" should do "what" and "when" a student is considered missing needs to be clearly defined, including a time line as to when the parents should be notified. A second aspect of the bill provides for a "hotline" that can be utilized by parents of a missing child that connects the family with a missing person's expert who is available to refer, advise, direct, and counsel the family as needed. Compliance with the law, which was signed on April 6, 1999, began on January 1, 2000 (The New York Campus Safety Act, April 6, 1999, New York State Bill SO2862).

Promising Practices

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2000 NVAA Text
Chapter 22.4
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