The U.S. Department of Education (ED) issued new guidance, late on Friday, April 3, 2020, addressing how institutions of higher education may satisfy the emergency notification requirements of the Clery Act related to Coronavirus (COVID-19). While institutions have generally gone to distance education, many essential employees and some students remain on campus so this guidance is essential to protecting them. ED states:
The Clery Act and its implementing regulations require institutions to notify the campus community upon the confirmation of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or staff occurring on campus. The Department does not interpret the statutory language as requiring institutions to give regular, on-going updates on COVID-19 or to proactively identify positive COVID-19 cases within the campus community. The Department also does not interpret the statutory language to apply to positive COVID-19 cases among individuals who are not attending classes, working, or residing on campus or to require notifications to such individuals.
An institution may satisfy the emergency notification requirements of the Clery Act and § 668.46 as follows: (1) provide students and employees a single notification through the regular means of communicating emergency notifications informing them about COVID-19 and necessary health and safety precautions, as well as encouraging them to obtain information from health care providers, state health authorities, and the CDC’s COVID-19 website; or (2) create a banner at the top of the institution’s homepage containing that same information, including a statement about the global pandemic and a link to the CDC’s website.
While not required by the new guidance, Clery regulations provide additional tools to help protect campus communities. Institutions may, as provided by 34 CFR §668.46(e)(3), “provide adequate follow-up information to the community as needed.” This may include any substantive change in circumstances or resolution of the emergency. The regulations, at 34 CFR §668.46(g)(2)(ii), also provide that an institution may “Determine the appropriate segment or segments of the campus community to receive a notification” down to a single person in addition to the “single notification” called for in the new guidance.
ED also promised additional guidance on the dissemination of annual campus security, including the annual campus security report and annual fire safety report, and equity in athletics disclosures. They state “The Department will provide appropriate guidance as it continues to monitor the COVID-19 national emergency.” This may include extensions of reporting deadlines.
The full “UPDATED Guidance for interruptions of study related to Coronavirus (COVID-19)” is available at https://ifap.ed.gov/electronic-announcements/040320UPDATEDGuidanceInterruptStudyRelCOVID19.