The Clery Act: Your Role, Responsibilities & Reporting

Campus Security Authority (CSA) Training

Clery Act Overview

A federal law named in memory of student Jeanne Clery, who was assaulted and murdered in 1986 on the Lehigh University (PA) campus in her residence hall
This law requires colleges and universities to report crime statistics and other safety and security information to current and prospective students and employees
Colleges and universities must submit this information in an Annual Security Report to the U.S. Department of Education by October 1 of each year
Failure to comply can result in a fine of $69,733 per violation

Clery Act – Three Requirements

1. Every institution must collect, classify and count crime reports and crime statistics

Issue campus alerts (issue a timely warning and an emergency notification)
Publish an Annual Security Report
Submit crime statistics to the U.S. Department of Education (ED)

2. If your institution maintains a campus police or security department, you must keep a daily crime log.

3. If your institution has any on-campus student housing facilities, you must:

Disclose missing student notification procedures
Disclose fire safety information related to those facilities
Keep a fire log that is open to public inspection
Publish an annual fire safety report containing policy statements as well as fire statistics
Submit fire statistics to ED

Non-Compliance Consequences

Failing to comply with the Clery Act can result in:

Monetary consequences - including up to a $69,733 fine per violation
The loss of student financial aid - although this has yet to be imposed, it’s one of the possible consequences outlined in the Clery legislation
Institutional reputation - this can be seriously harmed by negative publicity, portrayal in the media, a public failure to meet obligations and the perception that we’re not a safe institution
Admissions effects - negative publicity often = fewer applicants
Termination of employment - folks can lose their jobs when compliance questions arise

How Does the Clery Act Impact Me?

Some crimes and incidents, especially sexual offenses, are often not reported to police.
Some individuals will report crimes and incidents to university/college staff instead.
The Clery Act requires institutions to collect and publish crime reports from four categories of Campus Security Authorities (CSAs).
You have been identified as a CSA.

Who Fits the Description?

The Clery Act Identifies Four CSA Categories:

Campus police or security department
Those responsible for campus security but not a police or security department
Any individual or organization specified as an individual or organization to whom students and employees should report criminal offenses
“Officials with significant responsibility for student and campus activities”

Who is a University “Official”?

One category of a CSA is “An official of an institution who has significant responsibility for student and campus activities, including, but not limited to, student housing, student discipline and campus judicial proceedings.”

“An official is defined as any person who has the authority and the duty to take action or respond to particular issues on behalf of the institution.”

Examples of People Who Meet the “University Official” Criteria

A dean of students who oversees student housing, a student center or student extracurricular activities
A director of athletics, a team coach or a faculty advisor to a student group
A student resident advisor or assistant or a student who monitors access to dormitories
A coordinator of Greek affairs
A physician in a campus health center, a counselor in a campus counseling center or a victim advocate or sexual assault response team in a campus rape crisis center if they are identified by your school as someone to whom crimes should be reported or if they have significant responsibility for student and campus activities

Who is Not Classified as a CSA?

Some examples:

A faculty member who does not have any responsibility for student and campus activity beyond the classroom (not an advisor to a student group)
Clerical staff
Custodial staff
Maintenance staff

What are Campus Activities?

Student housing
Student discipline and campus judicial proceedings
Athletics
Student clubs and organizations

Who is Exempt from Being a CSA?

A pastoral counselor associated with a religious order or denomination
A professional counselor, if acting within the scope of his/her license

Also remember to do an annual assessment of your CSA list to see if anyone’s job descriptions or responsibilities have changed.

CSA Responsibilities: Do’s and Don’ts

Do’s:

Collect crime report information
Complete crime report forms
Confer with law enforcement when in doubt
Submit report forms to official compiling the Annual Security Report regarding crimes (allegations) that have been reported to them in good faith
Attend training

Don’ts:

Attempt to determine whether or not a crime took place
Convince or force a victim to report the crime to law enforcement
Try to apprehend the perpetrator

What Do I Have to Report?*

General Crime Statistics: (count one offense per victim, except for robbery and burglary where you count one offense for each distinct incident that occurred)

Aggravated assault
Arson
Burglary
Motor vehicle theft
Murder/non-negligent manslaughter
Negligent manslaughter
Robbery
Sex offense – rape, forcible fondling, incest, statutory rape
Domestic violence, dating violence, stalking

Hate Crime Statistics:

Report those offenses that “…manifest evidence that the victim was intentionally selected because of the victim’s actual or perceived race, gender, gender identity, religion, national origin, sexual orientation, ethnicity or disability…” as stated in the ED handbook and are:

Otherwise reportable statistics under the Clery Act:

Larceny-theft
Simple assault
Intimidation
Destruction/damage/vandalism or property
Any other crime involving bodily injury

*refer to handouts for crime definitions and use crime report form

Definition of Hazing

“Hazing,” for purposes of reporting statistics on hazing incidents in the Annual Security Report, means any intentional, knowing, or reckless act committed by a person (whether individually or in concert with other persons) against another person or persons regardless of the willingness of such other person or persons to participate, that—

is committed in the course of an initiation into, an affiliation with, or the maintenance of membership in, a student organization; and
causes or creates a risk, above the reasonable risk encountered in the course of participation in the institution of higher education or the organization (such as the physical preparation necessary for participation in an athletic team), of physical or psychological injury including—
whipping, beating, striking, electronic shocking, placing of a harmful substance on someone’s body, or similar activity;
causing, coercing, or otherwise inducing sleep deprivation, exposure to the elements, confinement in a small space, extreme calisthenics, or other similar activity;
causing, coercing, or otherwise inducing another person to consume food, liquid, alcohol, drugs, or other substances;
causing, coercing, or otherwise inducing another person to perform sexual acts;
any activity that places another person in reasonable fear of bodily harm through the use of threatening words or conduct;
any activity against another person that includes a criminal violation of local, State, Tribal, or Federal law; and
any activity that induces, causes, or requires another person to perform a duty or task that involves a criminal violation of local, State, Tribal, or Federal law.”.

Definition of student organization

“Student organization,” means an organization at an institution of higher education (such as a club, society, association, varsity or junior varsity athletic team, club sports team, fraternity, sorority, band, or student government) in which two or more of the members are students enrolled at the institution of higher education, whether or not the organization is established or recognized by the institution.

What Do I Need to Know to Complete the Crime Report Form?

Get the facts…

What crime or incident occurred?
When did the crime or incident occur?
When did the person report it to you?

The law requires that the crime be reported for the calendar year in which it was first reported to a Campus Security Authority – not when it occurred, not when it was reported to police.

Where did the crime or incident occur?

Clery Geography

You must report if it occurred:

On campus
On campus, in residence halls, fraternity & sorority houses, athletic facilities, library, classrooms, student union, parking lots, etc.
On public property within the campus or adjacent to & accessible from campus
On non-campus property owned or controlled by the institution or a recognized student organization
In spaces used to access controlled spaces, such as parking lots, elevators, stairwells, restrooms and lobbies

Important Reminders

If the victim does not want to report to police, inform him/her that you are obligated to report the incident as an anonymous statistic, without identifying anyone.
Don’t attempt to convince or force the victim to file a report with police. You can refer them to appropriate offices for support and services on campus.
Your role is to report, not determine if the crime was committed. Leave that to law enforcement.
Don’t try to apprehend the perpetrator. Leave that to law enforcement.
Complete a Crime Report Form and submit to individual/office in charge of compiling the data for the Annual Security Report in a timely fashion and by the deadline provided.
When in doubt consult with law enforcement or individual who requested crime statistics.

Resources

The Handbook for Campus Safety and Security Reporting from the U.S. Department of Education is available at www.ed.gov/admins/lead/safety/campus.html

For questions about the ED Handbook, you can email HandbookQuestions@ed.gov

And don’t hesitate to ask our institution’s point person for Campus Security Authorities, Karl A. Schucholz, Deputy Chief of Police, if you have any clarifying questions!