Clery Act and Campus Safety
As an institution that receives student aid assistance, follows federal law (the Clery Act of 1990) by distributing an annual campus security report.
The report includes descriptions of campus crime prevention programs, procedures for reporting crimes, and information about the number and frequency of crimes reported to the University Police Department during the last three years.
It also provides ÎÞÂëÂÒÂ×’s policies for campus security and law enforcement related to sexual offenses, liquor law violations, and controlled substance offenses.
Related resources
Federal laws governing the privacy of educational records do not prevent campus security agencies or other administrators from disclosing information about registered sex offenders
Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act
20 USC § 1092 (f)(18)
F. Disclosure of campus security policy and campus crime statistics
- Each eligible institution participating in any program under this subchapter and part
C of subchapter I of chapter 34 of title 42, other than a foreign institution of higher
education, shall on August 1, 1991, begin to collect the following information with
respect to campus crime statistics and campus security policies of that institution,
and beginning September 1, 1992, and each year thereafter,prepare, publish, and distribute,
through appropriate publications or mailings, to all current students and employees,
and to any applicant for enrollment or employment upon request, an annual security
report containing at least the following information with respect to the campus security
policies and campus crime statistics of that institution:
- A statement of current campus policies regarding procedures and facilities for students
and others to report criminal actions or other emergencies occurring on campus and
policies concerning the institution's response to such reports.
- A statement of current policies concerning security and access to campus facilities,
including campus residences, and security considerations used in the maintenance of
campus facilities.
- A statement of current policies concerning campus law enforcement, including -
- the law enforcement authority of campus security personnel;
- the working relationship of campus security personnel with State and local law enforcement agencies, including whether the institution has agreements with such agencies, such as written memoranda of understanding, for the investigation of alleged criminal offenses; and
- policies which encourage accurate and prompt reporting of all crimes to the campus
police and the appropriate law enforcement agencies.
- A description of the type and frequency of programs designed to inform students and
employees about campus security procedures and practices and to encourage students
and employees to be responsible for their own security and the security of others.
- A description of programs designed to inform students and employees about the prevention
of crimes.
- Statistics concerning the occurrence on campus, in or on noncampus buildings or property,
and on public property during the most recent calendar year, and during the 2 preceding
calendar years for which data are available -
- of the following criminal offenses reported to campus security authorities or local
police agencies:
- murder;
- sex offenses, forcible or nonforcible;
- robbery;
- aggravated assault;
- burglary;
- motor vehicle theft;
- manslaughter;
- arson; and
- arrests or persons referred for campus disciplinary action for liquor law violations, drug-related violations, and weapons possession; and
- of the crimes described in subclauses (I) through (VIII) of clause (i), of larceny-theft,
simple assault, intimidation, and destruction, damage, or vandalism of property, and
of other crimes involving bodily injury to any person, in which the victim is intentionally
selected because of the actual or perceived race, gender, religion, sexual orientation,
ethnicity, or disability of the victim that are reported to campus security authorities
or local police agencies, which data shall be collected and reported according to
category of prejudice.
- of the following criminal offenses reported to campus security authorities or local
police agencies:
- A statement of policy concerning the monitoring and recording through local police
agencies of criminal activity at off-campus student organizations which are recognized
by the institution and that are engaged in by students attending the institution,
including those student organizations with off- campus housing facilities.
- A statement of policy regarding the possession, use, and sale of alcoholic beverages
and enforcement of State underage drinking laws and a statement of policy regarding
the possession, use, and sale of illegal drugs and enforcement of Federal and State
drug laws and a description of any drug or alcohol abuse education programs as required
under section 1011i of this title.
- A statement advising the campus community where law enforcement agency information
provided by a State under section 14071(j) of title 42, concerning registered sex
offenders may be obtained, such as the law enforcement office of the institution,
a local law enforcement agency with jurisdiction for the campus, or a computer network
address.
- A statement of current campus policies regarding immediate emergency response and
evacuation procedures, including the use of electronic and cellular communication
(if appropriate), which policies shall include procedures to -
- immediately 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 the campus, as defined in paragraph (6), unless issuing a notification will compromise efforts to contain the emergency;
- publicize emergency response and evacuation procedures on an annual basis in a manner designed to reach students and staff; and
- test emergency response and evacuation procedures on an annual basis.
- A statement of current campus policies regarding procedures and facilities for students
and others to report criminal actions or other emergencies occurring on campus and
policies concerning the institution's response to such reports.
- Nothing in this subsection shall be construed to authorize the Secretary to require
particular policies, procedures, or practices by institutions of higher education
with respect to campus crimes or campus security.
- Each institution participating in any program under this subchapter and part C of
subchapter I of chapter 34 of title 42, other than a foreign institution of higher
education, shall make timely reports to the campus community on crimes considered
to be a threat to other students and employees described in paragraph (1)(F) that
are reported to campus security or local law police agencies. Such reports shall be
provided to students and employees in a manner that is timely and that will aid in
the prevention of similar occurrences.
-
- Each institution participating in any program under this subchapter and part C of
subchapter I of chapter 34 of title 42, other than a foreign institution of higher
education, that maintains a police or security department of any kind shall make,
keep, and maintain a daily log, written in a form that can be easily understood, recording
all crimes reported to such police or security department, including –
- the nature, date, time, and general location of each crime; and
- the disposition of the complaint, if known.
-
- All entries that are required pursuant to this paragraph shall, except where disclosure of such information is prohibited by law or such disclosure would jeopardize the confidentiality of the victim, be open to public inspection within two business days of the initial report being made to the department or a campus security authority.
- If new information about an entry into a log becomes available to a police or security department, then the new information shall be recorded in the log not later than two business days after the information becomes available to the police or security department.
- If there is clear and convincing evidence that the release of such information would
jeopardize an ongoing criminal investigation or the safety of an individual, cause
a suspect to flee or evade detection, or result in the destruction of evidence, such
information may be withheld until that damage is no longer likely to occur from the
release of such information.
- Each institution participating in any program under this subchapter and part C of
subchapter I of chapter 34 of title 42, other than a foreign institution of higher
education, that maintains a police or security department of any kind shall make,
keep, and maintain a daily log, written in a form that can be easily understood, recording
all crimes reported to such police or security department, including –
- On an annual basis, each institution participating in any program under this subchapter
and part C of subchapter I of chapter 34 of title 42, other than a foreign institution
of higher education, shall submit to the Secretary a copy of the statistics required
to be made available under paragraph (1)(F). The Secretary shall -
- review such statistics and report to the authorizing committees on campus crime statistics by September 1, 2000;
- make copies of the statistics submitted to the Secretary available to the public; and
- in coordination with representatives of institutions of higher education, identify
exemplary campus security policies, procedures, and practices and disseminate information
concerning those policies, procedures, and practices that have proven effective in
the reduction of campus crime.
-
- In this subsection:
- The term "campus" means –
- any building or property owned or controlled by an institution of higher education within the same reasonably contiguous geographic area of the institution and used by the institution in direct support of, or in a manner related to, the institution's educational purposes, including residence halls; and
- property within the same reasonably contiguous geographic area of the institution that is owned by the institution but controlled by another person, is used by students, and supports institutional purposes (such as a food or other retail vendor).
- The term "noncampus building or property" means –
- any building or property owned or controlled by a student organization recognized by the institution; and
- any building or property (other than a branch campus) owned or controlled by an institution of higher education that is used in direct support of, or in relation to, the institution's educational purposes, is used by students, and is not within the same reasonably contiguous geographic area of the institution.
- The term "public property" means all public property that is within the same reasonably
contiguous geographic area of the institution, such as a sidewalk, a street, other
thoroughfare, or parking facility, and is adjacent to a facility owned or controlled
by the institution if the facility is used by the institution in direct support of,
or in a manner related to the institution's educational purposes.
- The term "campus" means –
- In cases where branch campuses of an institution of higher education, schools within
an institution of higher education, or administrative divisions within an institution
are not within a reasonably contiguous geographic area, such entities shall be considered
separate campuses for purposes of the reporting requirements of this section.
- In this subsection:
- The statistics described in paragraph (1)(F) shall be compiled in accordance with
the definitions used in the uniform crime reporting system of the Department of Justice,
Federal Bureau of Investigation, and the modifications in such definitions as implemented
pursuant to the Hate Crime Statistics Act. Such statistics shall not identify victims
of crimes or persons accused of crimes.
-
- Each institution of higher education participating in any program under this subchapter
and part C of subchapter I of chapter 34 of title 42, other than a foreign institution
of higher education, shall develop and distribute as part of the report described
in paragraph (1) a statement of policy regarding –
- such institution's campus sexual assault programs, which shall be aimed at prevention of sex offenses; and
- the procedures followed once a sex offense has occurred.
- The policy described in subparagraph (A) shall address the following areas:
- Education programs to promote the awareness of rape, acquaintance rape, and other sex offenses.
- Possible sanctions to be imposed following the final determination of an on-campus disciplinary procedure regarding rape, acquaintance rape, or other sex offenses, forcible or nonforcible.
- Procedures students should follow if a sex offense occurs, including who should be contacted, the importance of preserving evidence as may be necessary to the proof of criminal sexual assault, and to whom the alleged offense should be reported.
- Procedures for on-campus disciplinary action in cases of alleged sexual assault, which
shall include a clear statement that –
- the accuser and the accused are entitled to the same opportunities to have others present during a campus disciplinary proceeding; and
- both the accuser and the accused shall be informed of the outcome of any campus disciplinary proceeding brought alleging a sexual assault.
- Informing students of their options to notify proper law enforcement authorities, including on-campus and local police, and the option to be assisted by campus authorities in notifying such authorities, if the student so chooses.
- Notification of students of existing counseling, mental health or student services for victims of sexual assault, both on campus and in the community.
- Notification of students of options for, and available assistance in, changing academic
and living situations after an alleged sexual assault incident, if so requested by
the victim and if such changes are reasonably available.
- Nothing in this paragraph shall be construed to confer a private right of action upon
any person to enforce the provisions of this paragraph.
- Each institution of higher education participating in any program under this subchapter
and part C of subchapter I of chapter 34 of title 42, other than a foreign institution
of higher education, shall develop and distribute as part of the report described
in paragraph (1) a statement of policy regarding –
- The Secretary shall provide technical assistance in complying with the provisions
of this section to an institution of higher education who requests such assistance.
- Nothing in this section shall be construed to require the reporting or disclosure
of privileged information.
- The Secretary shall report to the appropriate committees of Congress each institution
of higher education that the Secretary determines is not in compliance with the reporting
requirements of this subsection.
- For purposes of reporting the statistics with respect to crimes described in paragraph
(1)(F), an institution of higher education shall distinguish, by means of separate
categories, any criminal offenses that occur –
- on campus;
- in or on a noncampus building or property;
- on public property; and
- in dormitories or other residential facilities for students on campus.
- Upon a determination pursuant to section 1094(c)(3)(B) of this title that an institution
of higher education has substantially misrepresented the number, location, or nature
of the crimes required to be reported under this subsection, the Secretary shall impose
a civil penalty upon the institution in the same amount and pursuant to the same procedures
as a civil penalty is imposed under section 1094(c)(3)(B) of this title.
-
- Nothing in this subsection may be construed to –
- create a cause of action against any institution of higher education or any employee of such an institution for any civil liability; or
- establish any standard of care.
- Notwithstanding any other provision of law, evidence regarding compliance or noncompliance
with this subsection shall not be admissible as evidence in any proceeding of any
court, agency, board, or other entity, except with respect to an action to enforce
this subsection.
- Nothing in this subsection may be construed to –
- The Secretary shall annually report to the authorizing committees regarding compliance
with this subsection by institutions of higher education, including an up-to-date
report on the Secretary's monitoring of such compliance.
- The Secretary may seek the advice and counsel of the Attorney General concerning the
development, and dissemination to institutions of higher education, of best practices
information about campus safety and emergencies.
- Nothing in this subsection shall be construed to permit an institution, or an officer,
employee, or agent of an institution, participating in any program under this subchapter
and part C of subchapter I of chapter 34 of title 42 to retaliate, intimidate, threaten,
coerce, or otherwise discriminate against any individual with respect to the implementation
of any provision of this subsection.
- This subsection may be cited as the "Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act".
Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act
Pub. L. 89-329, title IV, Sec. 485(f), as added Pub. L. 101-542, title II, Sec. 204(a), Nov. 8, 1990, 104 Stat. 2385 (20 U.S.C. 1092(f))
Short title, see 20 U.S.C. 1092(f)(18)
Clery Act Crime Definitions | |||||||||
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Murder and Non-negligent Manslaughter | The willful (non-negligent) killing of one human by another. | ||||||||
Negligent Manslaughter | The killing of another person through gross negligence. | ||||||||
Sexual Offense, Forcible | Any sexual act directed against another person, forcible and/or against that person's will; or not forcible or against the person's will where the victim is incapable of giving consent. | ||||||||
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Sexual Offense, Non-Forcible | Unlawful, non-forcible sexual intercourse (incest and statutory rape) | ||||||||
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Robbery | The taking or attempting to take anything of value from the care, custody, or control of another by force or threat of force or violence and/or putting the victim in fear | ||||||||
Assault, Aggravated | An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault is usually accompanied by the use of a weapon or by means likely to produce death or great bodily harm. | ||||||||
Burglary | The unlawful entry of a structure to commit a felony or theft. | ||||||||
Motor Vehicle Theft | The theft or attempted theft of a motor vehicle. | ||||||||
Arson | Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft or personal property of another. | ||||||||
Hate Crimes | Any crime involving bodily injury or any above mentioned offenses that shows evidence of prejudice based on race, gender, religion, sexual orientation, ethnicity or disability, national origin or gender identity. Any hate crimes will be listed on the annual crime report by the category of prejudice. | ||||||||
Liquor Law Violations | The violation of State laws prohibiting the manufacture, sale, purchase, transporting, furnishing, and possessing intoxicating liquor. | ||||||||
Drug Law Violations | The violation of State laws prohibiting the production, possession, sale, use, growth, manufacturing and making of any controlled drug or narcotic substance. As of 2004, the State of Alaska has decriminalized the possession of less than half a pound of marijuana in a private residence. ÎÞÂëÂÒÂ× Residence Halls are considered private residences and marijuana possession incidents are not included in 2004 crime statistics and beyond as they are not a violation of State laws. These statistics will probably still be reflected in Administrative Disciplinary Referrals, as they are still against ÎÞÂëÂÒÂ× policy. | ||||||||
Weapons Violations | The violation of State laws prohibiting the manufacture, sale or possession of deadly weapons. Concealing a weapon such as a firearm or switchblade knife would be reported under this category. | ||||||||
Administrative Disciplinary Referrals | The referral of any person to any official who initiates a disciplinary action of which a record is kept and which may result in the imposition of a sanction. Violations of ÎÞÂëÂÒÂ× policy that are not violations of State law fall into this category. |
New Violence Against Women Act Amendments to Clery Reporting Definitions | |
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Dating Violence | Violence committed by a person who is or has been in a social relationship of a romantic
or intimate nature with the victim.
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Domestic Violence | A felony or misdemeanor crime of violence committed:
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Stalking (includes cyberstalking) | Engaging in a course of conduct directed at a specific person that would cause a reasonable
person to:
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"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any educational program or activity receiving Federal financial assistance."
-Title IX of the Educational Amendments of 1972 to the 1964 Civil Rights Act
Title IX has been traditionally known as a law that protects women in athletics. However, this law encompasses much more than just women in sports.
Title IX of the Education Amendments of 1972 is a federal law set to end sex discrimination and provide guidance regarding equity and sexual discrimination in all federally funded educational institutions.
Campus Crime and Fire Statistics
The ÎÞÂëÂÒÂ× campus crime statistics are compiled by the ÎÞÂëÂÒÂ× Office of Rights, Compliance and Accountability.
The ÎÞÂëÂÒÂ× Police also provide a daily crime log. This log is available to the public and is found at the ÎÞÂëÂÒÂ× Police Department during normal business hours.
Campus fire statistics are provided by the ÎÞÂëÂÒÂ× Fire department.
The crime and fire statistics are based on a calendar year (January through December), not an academic year. The statistics are also entered into the Department of Education website. This is a federal requirement and is a means for the government to track compliance with governmental regulations (the Clery Act). The Clery Act requires that all staff, faculty and students have access to these statistics. The statistics are published as part of the Annual Security and Safety report and maintained by the Office of Rights, Compliance and Accountability. A printed copy is available upon request from the Office of Rights, Compliance and Accountability.