HRW Higher Ground

13. Special Ep, Part 1: Dept. of Ed Announcement Rescinding Clery Guidance

• Season 1 • Episode 13

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On October 9, 2020, the Department of Education released brief guidance rescinding the 2016 edition of its Handbook for Campus Safety and Security Reporting a.k.a. the Clery Handbook. The Department’s announcement constitutes a drastic shift in its own interpretation of the role the Clery Handbook and Department guidance should play in Clery compliance and enforcement. In this first of a two-part episode, John Graff breaks down the October 9 announcement, a 2014 Senate hearing addressing the Department’s enforcement of its own guidance, the 2015 Recalibrating Regulation of Colleges and Universities, Report on the Task Force on Federal Regulation in Higher Education, two recent media opinion pieces, all of which help us understand the Department’s October 9 action and Clery compliance going forward. In part two, John will analyze the new replacement guidance in light of the material discussed in part one with an eye toward laying out what Clery compliance likely will look like during 2021.