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Campus-safety consultant urges caution on Clery Act regulatory review and recommends negotiated rulemaking
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Summary
A campus-safety consultant told the Department of Education that Clery Act regulations are essential to institutional accountability and urged any review to proceed slowly and include practitioners as nonfederal negotiators.
Daniel Carter, president of Safe Campuses LLC, told the Department of Education that Clery Act regulations are vital to protecting students and ensuring institutional accountability and urged caution if the department considers evaluating those regulations.
"The Clery Act is a federal law under title 4 of the Higher Education Act that requires colleges and universities to report campus crime data, maintain security policies, and alert the campus community about ongoing threats," Carter said, adding that the regulations "provide critical clarity that enable institutions to meet their statutory obligations effectively."
Carter recommended deferring any evaluation until it can receive "thorough, thoughtful attention" and urged that, if the department uses negotiated rulemaking, it include campus safety practitioners, compliance officers and victim advocates as nonfederal negotiators. He said the negotiated-rulemaking process mandated by the Higher Education Act yields practical and effective regulations and noted his experience as a nonfederal negotiator in 1999, 2009 and 2014.
His testimony asked the department to prioritize clarity, caution and collaboration to preserve the effectiveness of Clery Act rules. There were no departmental votes or formal actions during the public-comment portion of the event.
