Clery_Act_Compliance..

Lisa Carickhoff
What is the Clery Act? Why do we have it?
Jeanne Clery was raped and murdered in her dorm room at Lehigh
University in 1986. Her parents believe she would have been more
cautious if she had known about other violent crimes at Lehigh.
The law enacted in her memory is intended to ensure that students
and other campus community members are informed about campus
crime so they can make informed decisions.
The Clery Act requires that universities distribute crime statistics to
current students and all campus employees.
Crime statistics must be made available to all perspective students
and staff upon request.
What does Clery require??
• Institutions must collect, classify and count crime reports and crime
statistics.
• Issue campus alerts. To provide the campus community with information
necessary to make informed decisions about their health and safety:
Issue a timely warning for any Clery Act crime that represents an
ongoing threat to the safety of students or employees; (may give
timely warning to non-Clery crimes)
Issue an emergency notification upon the confirmation of a
significant emergency or dangerous situation involving an
immediate threat to the health or safety of students or employees
occurring on the campus.
• Publish an annual security report (by Oct 1 of each year) containing safety
and security-related policy statements and crime statistics and distribute it
(or advise where to locate it electronically) to all current students and
employees. Schools also must inform prospective students and employees
about the availability of the report .
• Create, maintain and make available a daily crime log.
• Have established policies and procedures to ensure safety.
• Submit crime statistics to the Department of Education
Although every institution wants its campus community
to report criminal incidents to law enforcement, we know
that this doesn’t always happen. Even at institutions with
a police department on campus, a student who is the
victim of a crime may be more inclined to report it to
someone other than the campus police. For this reason,
the Clery Act requires all institutions to collect crime
reports from a variety of individuals and organizations
that Clery considers to be "campus security authorities”.
Data is collected from a wide variety of “Campus
Security Authorities” to provide the most accurate crime
statistics possible ." If a campus security authority
receives the crime information and believes it was
provided in good faith, he or she should document it as a
crime report and forward it to the JMU Police
Department.
Campus Security Authorities
The Clery Act requires the institution to identify
individuals and organizations that meet the definition of a
campus security authority .
The Clery Act requires all institutions to collect crime
reports from campus security authorities.
What makes you a Campus Security
Authority (CSA)?
The law defines four categories of Campus Security Authority:
University Police
Non-police security staff responsible for monitoring university
property, monitoring events, and providing escorts to include
contract security and students.
People/offices designed under our policy as those to whom
crimes should be reported. These include the Office of Judicial
Affairs, the Dean of Students and the Ombudsperson.
“Officials with significant responsibility for students and
campus activities”. “Official” is defined as any person who has the
authority and duty to take action and respond to particular issues
on behalf of the institution.
Individuals with “Significant
responsibility for Student and Campus
Activities”
Define by function, not title
Because official responsibilities and job titles vary
significantly on campuses, a list of specific titles is not
provided in the regulations. To determine specifically
which individuals or organizations are campus security
authorities for your institution, consider the function of
that individual or office
The “function” of the employee on
campus
Individuals may be designated as Campus Security Authorities based
on whether they perform the following functions:
1. Their official job responsibilities involve significant interaction
with students and/or campus activities;
2. They serve as informal or unofficial mentors to students;
3. They serve as a member in an office or of a committee to
whom students are instructed and informed to report or
discuss crimes, allegations of crimes, and other troubling
situations, and/or
4. They have oversight for disciplinary procedures.
Officials of the institution with significant
responsibility for student and campus activities
Officials of the institution with significant responsibility for student and campus
activities (Vice Presidents, Deans, Directors, etc.), including but not limited to the
areas of
Student Affairs
Dean of Students
Ombudsperson
Counseling and Student Development
Multicultural Student Services
University Health Center and affiliates
Judicial Affairs
Residence Life (to include student resident advisors and hall directors)
University Unions
University Recreation (to include team sports and recognized clubs0
Student Withdrawal
Career and Academic Planning
Community Service Learning
Disability Services
Orientation
Officials of the institution with significant responsibility
for student and campus activities also include
Athletic directors, coaches and assistant coaches
Coordinator of Greek Affairs
Marching Band Director
Human Resources Director
Military Science “Cadre”
Faculty or staff advisors to student organizations or those that serve
as formal or unofficial mentors to students
Office of Equal Opportunity
Administrators who oversee branch campuses and the Washington
Semester Coordinator
Who is NOT a Campus Security
Authority?
Faculty members who are not advisors of student groups, i.e. no
responsibility for student or campus activities beyond the classroom.
Support Staff
Clerical
Secretaries
Receptionists
Facilities Staff
Plumbers
Electricians
Food Service Workers
Cashiers
Cooks
Who is NOT a Campus Security
Authority?
You have significant responsibility for Student and
Campus Activities-BUT... YOU DO NOT HAVE TO
REPORT IF
You are a licensed mental health counselor or a
pastoral counselor (employed by a religious
organization to provide confidential counseling) AND
You are working within the scope of your license or
religious assignment.
Those who are exempt by law also include: Student
Health Center Clinicians who only provide care to
individual students.
Confidential Reporting

JMU encourages professional and pastoral
counselors, although not required to report crimes,
to tell victims about the Confidential Reporting
Process. The counselor must make a judgment call:
is it appropriate to discuss crime reporting in this
particular situation

Confidential Reporting Process: Victims can
report crimes confidentially (no names or criminal
investigation) to the anonymous website
Silent Witness
http://www.jmu.edu/pubsafety/SilentWitness.shtml
to be included in crime statistics. However, enough
information has to be given to determine a crime has
occurred.
Campus Security Authority’s primary
responsibility is…
“To
report allegations made in good faith to the
reporting structure established by the
institution.”
In “good faith” means there is a reasonable basis for believing that the
information is not simply rumor or hearsay. That is, there is little or no
reason to doubt the validity of the information.
A Campus Security Authority’s
responsibilities
If a campus security authority receives the crime information and
believes it was provided in good faith, he or she should document it
as a crime report.
What you must disclose, therefore, are statistics from reports of
alleged criminal incidents. It is not necessary for the crime to have
been investigated by the police or campus security authority, nor
must a finding of guilt or responsibility be made to disclose the
statistic.
Three Part Test
1. Was the crime reported to a Campus
Security Authority? Police? Judicial
Affairs? Residence Life?
2. Did the crime occur in a Clery reportable
geographic area?
3. Is the crime a Clery reportable crime?
What crimes must I report?
The 9 Clery crimes
Criminal homicide
Sex offenses—forcible & non-forcible
Robbery
Aggravated assault
Burglary
What crimes must I report?
Motor vehicle theft
Arson
Arrests & disciplinary referrals for
violations of liquor, drug, & weapons
laws
Hate crimes
Definitions of Clery Reportable crimes
Murder and Non-negligent Manslaughter – The willful (non-negligent) killing of
one human being by another.
Negligent Manslaughter – The killing of another person through gross
negligence.
Sex Offense Forcible (F) – Any sexual act directed against another person,
forcibly and/or against that person's will; or not forcibly or against the person's
will where the victim is incapable of giving consent: forcible rape; forcible
sodomy; sexual assault with an object; and forcible fondling.
Sex Offense Non Forcible (N) – Unlawful, non-forcible sexual intercourse: incest;
statutory rape.
Robbery - - The taking or attempting to take anything of value from the care,
custody, or control of a person or persons by force or threat of force or violence
and/or by putting the victim in fear
• Intimidation - To intentionally say or do something which would cause a person of
ordinary sensibilities to be fearful of bodily harm. (Currently, this crime category only
applies to hate crimes.)
• Burglary – The unlawful entry of a structure to commit a felony or a theft. For
reporting purposes this definition includes: unlawful entry with intent to commit a
larceny or felony; breaking and entering with intent to commit a larceny;
housebreaking; safecracking; and all attempts to commit any of the aforementioned.
• Motor Vehicle Theft – The theft or attempted theft of a motor vehicle report (Classify
as motor vehicle theft all cases where automobiles are taken by persons not having
lawful access even though the vehicles are later abandoned-including joyriding.)
• 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, personal property
of another, etc. .
• Aggravated Assault – 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. It is not
necessary for an injury to result when a gun, knife or other weapon is used in the
commission of the crime.
• Simple Assault – Assaults and attempted assaults where no weapon was used and which
did not result in a serious or aggravated injury to the victim. (Currently, this crime
category only applies to hate crimes.) Larceny-Theft - The unlawful taking, carrying,
leading, or riding away of property from the possession or constructive possession of
another. (Currently, this crime category only applies to hate crimes.)
• Vandalism - To willfully or maliciously destroy, injure, disfigure, or deface any public or
private property, real or personal, without the consent of the owner or person having
custody or control by cutting, tearing, breaking, marking, painting, drawing, covering
with filth, or any other such means as may be specified by local law. (Currently, this crime
category only applies to hate crimes.)
• Liquor Law Violation – The violation of laws or ordinances prohibiting: the
manufacture, sale, transporting, furnishing, possessing of intoxicating liquor;
maintaining unlawful drinking places; bootlegging; operating a still, furnishing liquor
to a minor or intemperate person; using a vehicle for illegal transportation of liquor;
drinking on a train or public conveyance; or any attempts to commit any of the
foregoing violations. Note: this list does not include public drunkenness and driving
under the influence.
• Drug Law Violation – Violations of State and local laws related to the possession, sale,
use, growing, manufacturing, and making of narcotic drugs. The relevant substances
include; opium or cocaine and their derivatives (morphine, heroin, codeine);
marijuana; synthetic narcotics (Demerol, methadone(s); and dangerous non-narcotic
drugs (barbiturates, Benzedrine).
• Weapon Law Violation – The violation of laws or ordinances prohibiting the
manufacturing, sale, purchase, transportation, possession, concealment, use of
firearms, cutting instruments, explosives, incendiary devices, or other deadly
weapons.
Additional regulatory offenses agencies must be included;
manufacture, sale, or possession of deadly weapons; carrying deadly
weapons, concealed or openly; using, manufacturing ,etc. silencers;
furnishing deadly weapons to minors, aliens possessing deadly weapons;
and attempts to commit any of the above.
• Hate Crimes – Any crime that manifests evidence that the victim was intentionally
selected because of the victim's actual or perceived race; religion; gender; sexual
orientation; ethnicity or physical/mental disabilities. This includes murder and
nonnegligent manslaughter, negligent manslaughter, forcible sex offenses,
nonforcible sex offenses, robbery, aggravated assault, burglary, motor vehicle
theft, arson, and also larceny-theft, simple assault, intimidation, and
destruction/damage/ vandalism.
• Disciplinary Referrals – incidents in which a student was not arrested but was
referred for campus disciplinary action.
Timing is critical
Be sure to document


When the crime or incident occurred and
When it was reported 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 by a CSA.
Where did it happen?
A crime must be reported if it occurred
On campus (see Map )
On campus, in residence halls
On public property adjacent to campus (see map)
On non-campus property owned or controlled by the University or a
recognized student organization
Clery map can be found at
http://www.jmu.edu/pubsafety/wm_library/Clery_Boundary2011.pdf
Not reportable
DO NOT REPORT CRIMES IF
A person tells you about a crime that occurred
before he/she came to JMU
OR
While he/she was away from campus and not
involved in a JMU activity—e.g., at home or on
spring break
Just get the facts

Police will categorize the report: your
job is to get the information the person
wants to tell you
– You are not a detective
– You don’t have to prove what happened or
who was at fault
– You aren’t supposed to find the
perpetrator
– You DON’T have to identify the victim
Just get the facts


Encourage the person to report the crime to
the police. (But don’t insist)
 Tell the person how he/she can report
anonymously
Silent Witness
http://www.jmu.edu/pubsafety/SilentWitness.s
html
BUT: The decision isn’t yours
– A person who talks to you may not want to talk to
Police—and doesn’t have to.
*Exception: when the victim reports a crime to a professional who is
mandated by law to report specific crimes; for example child abuse
Get the facts


The Clery Incident Report Form
“Description of the incident or crime”
– Get as accurate and complete a
description of what happened as you can
– Who, What, When, Where and How
– If not sure, report
Offer help
Provide the person with information on




Reporting to campus police
Campus programs for assisting victims
of sexual and /or other forms of
assault.
Procedures for seeking medical help
Counseling and Psychological Services
Remember get the facts

Who? Where? When? How? In as much detail as
possible, even incomplete information can help.
Is a violent situation in progress?
Is there imminent danger to the victim or others?

Is it an emergency or crime in progress?


Contact Law Enforcement Immediately
540-568-6911
or
540-442-6911
How to report
If someone tells you about an incident which may be a
crime, record the information on the crime statistic form
and submit it to JMU Police Department Clery Compliance
Officer unless the incident has been reported directly to
the JMU Police , the Office of Judicial Affairs or Office of
Residence Life which forwards all crime statistics for Clery
compliance to the JMU Police
The form for submittal can be found at
http://www.jmu.edu/pubsafety/wm_library/Crime_
StatisticFormFinal2011.pdf
Filling out the form

Do these allegations have to go through a
hearing, or the individual be disciplined,
before they are eligible for Clery Act
reporting statistics?
NO!! Just as is with crime reporting,
violations eligible for disciplinary actions only
have to be reported to the CSA to be
counted in the crime statistics report. The
CSA must then report the statistic to the
JMUPD
Examples of CSA’s Reporting Crimes
Ex. A coach is required to report a sexual assault that is reported to
him/her…
Ex. A faculty advisor refers a student to Judicial Affairs regarding an alleged
drug violation that he/she becomes aware of through a member of his/her
student organization…
Ex. A person working as an access monitor is required to report a burglary
that is reported to him/her while working the desk
Ex. An RA is told by a female student that she was forcibly raped by an
unidentified male while jogging along a campus trail
Ex. An HD is told by a female student that her ex-boyfriend had sex with her
in her campus residence hall room while she was unconscious after a night of
drinking alcohol.
Examples of CSA’s Reporting Crimes
Ex. An assistant dean of students is required to report a suspicious fire that
could potentially be classified as an arson…
Ex. The Director of Athletics is required to report a rape that was reported to
him/her by the parent of a victim involving one of his/her athletes who may
be the perpetrator…
Liquor, drug, weapon law violations
Police must keep statistics on the number of people arrested or cited for
liquor, drug and weapon law violations.
Student housing and student judicial affairs officers must keep statistics on
the number of people referred for disciplinary action for liquor, drug and
weapon law violations.
Statistics must reflect the total number of persons involved, not incidents.
Consequences if you are audited and
found in non compliance
A suspension or limiting of the institution’s Title IV funding
The institution’s name will be provided to Congress by the Secretary of ED
ED can issue civil fines up to $35,000 per violation
Final Review Determination Reports are public record
The institution will received negative media attention
and..
Failure to comply with the Clery Act can be used in court to demonstrate an
indifference to security issues during a premises security liability litigation.
Help is at hand...

Clery Compliance Officer:
Lisa Carickhoff [email protected]
Telephone 540-568-6769
Fax 540-568-3308
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