Controversy surrounding the implementation of the Federal Clery Act in the absence of the U.S. Department of Education

The Clery Act, named after Jeanne Clery, a 19-year-old Lehigh University student who was raped and murdered in 1986, is a federal statute that requires postsecondary educational institutions to comply with several mandates related to disclosure of campus crime statistics. Universities take compliance with the Clery Act very seriously, as it forms part of their commitment to promoting student safety and well-being.

Good decision-making, as connected to good governance, includes considering the information available at the time of making the decision and the uncertainties that are incorporated to capture the consequences and various scenarios that follow the decision. This is particularly important in the context of the Clery Act, as non-compliance can result in dire consequences for universities that rely on federal funding and civil monetary penalties.

The Clery Act requires institutions of higher education to gather and disclose crime statistics from local law enforcement for incidents occurring in "Clery geography" for the past seven years. This information is used to inform students, parents, and the public about the safety of their campus environment.

The Department of Education (ED) is the central federal agency responsible for the implementation, control, and enforcement of the Clery Act. The ED manages the Clery Act requirements, conducts oversight, accepts complaints, and can impose sanctions for violations (such as fines or the exclusion from federal funding programs).

Despite rumours of its dissolution, the Department of Education has not been dismantled. While there were political debates and proposals for reduction or restructuring of the department, there was no actual dissolution. The department continues to exist and fulfils its legal duties – including the oversight of the Clery Act.

It is crucial that universities, administrators, and policymakers approach the enforcement of the Clery Act with a sense of urgency. The individual, Ali Abbas, who oversees university programs and is a Campus Security Authority (CSA) as defined by the Clery Act, has emphasised the dire consequences of failing to enforce the federal Clery Act. The administration must methodically incorporate and capture these consequences in their decision-making process.

The desire to reduce spending and tackle wasteful government spending is not a new interest of presidents. However, the decisions to control spending must be strategic and based on the science of good decision-making. Professor Frank V. Zerunyan, a pracademic who practices public policy and administration, researches, writes, and teaches policy and law in one of the best public affairs schools in the country, has discussed the importance of genuine reform, sound decision-making, and good governance in a recent commentary.

In conclusion, the responsible agency for the oversight and enforcement of the Clery Act remains the US Department of Education, specifically the Office of Postsecondary Education. There is no other institution that has taken on this task. It is essential that universities and the Department of Education work together to ensure the safety of students on campus and the compliance with the Clery Act.