Clery Act & Crime Reporting – Guidelines for Campus Security Authorities
Overview of the Clery Act
Jeanne Clery, a Lehigh University freshman, was assaulted and murdered in her dorm room in April of 1986. The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, hereafter referred to as the Clery Act, was enacted in the hope that awareness of criminal activity can help to reduce the likelihood of victimization. The Clery Act requires colleges and universities receiving federal funding (including Texas A&M Health Science Center) to prepare, publish, and distribute campus security policies and crime statistics.
The crime statistics reported in compliance with the Clery Act are obtained from reports to the Texas A&M Health Science Center Security Department, local law enforcement agencies, and "Campus Security Authorities." Reports made to Campus Security Authorities may also provide the basis for the issuance of Timely Warnings or HSCAlert emergency notifications.
Who is a Campus Security Authority?
In addition to the members of the Texas A&M Health Science Center Security Department, the following are considered to be Campus Security Authorities, hereafter referred to as CSAs:
•Individuals with campus security responsibility – for example parking enforcement staff and event staff.
•An individual or organization identified in the campus statement of Policies for Reporting Criminal Actions and Emergencies as an individual or organization to which students and employees should report criminal offenses.
•Any official with significant responsibility for student and campus activities. This includes officials who manage or otherwise oversee student and campus activities. For example, staff responsible for campus student housing, a student center, or student extra-curricular activities; a director of athletics or a team coach; faculty advisors to student groups; staff responsible for student discipline, and campus judicial staff.
What are Campus Security Authorities required to do?
CSAs are responsible for reporting all those allegations of crimes specified in the Clery Act that are reported to them, and that they conclude were made in good faith, to the Texas A&M Health Science Center Security Department. The crimes specified in the Clery Act are murder/non-negligent manslaughter, negligent manslaughter, forcible and non-forcible sex offenses, robbery, aggravated assault, burglary, motor vehicle theft, and arson. If there is evidence that the perpetrator was motivated by bias, then simple assault, larceny (theft), intimidation, and vandalism must be reported as well (please see the definitions provided below). Timely submission of reports by CSAs is very important. If a crime is reported to a CSA, but goes no farther than that, TAMU will be unable to fully meet its obligations under the law. Moreover, the campus community may lack information that could help them to stay safe.
What Should a Campus Security Authority Avoid Doing?
CSAs are not responsible for determining whether a crime took place. CSAs are also not responsible for attempting to apprehend an alleged perpetrator of a crime. These are matters best left to law enforcement personnel. CSAs should refrain from attempting to convince a victim to contact law enforcement if the victim chooses not to do so. However, they may note that crimes can be reported to the police anonymously.
How do Campus Security Authorities Fulfill Their Responsibilities?
When a crime is reported to a CSA, they should first ask the reporting party if they would like to report the crime to the police. If they would, they should contact the Texas A&M Health Science Center Security Department (local numbers for each location are located at (http://www.tamhsc.edu/security/docs/csa/contacts-list-and-csa-information.docx). In the event that an in-progress emergency is being reported, the reporting party should be advised to call 911 immediately. If they are unable to, the CSA may do so on their behalf.
If the reporting party does not want to contact the police about the crime, the CSA should complete a Campus Security Authority Combined Report Form(http://www.tamhsc.edu/security/docs/csa/contract-language-csa-issue.docx). Even if the reporting party does wish to contact the police about the crime, the CSA may complete the form for their records. The procedure for completing the form is as follows:
•Have the reporting party read the top (boxed) portion of the form.
•Ask if they have reported, or are going to report, the crime to the police. Advise them that reporting a crime to the police does not commit them to filing charges. Crimes may be reported anonymously if the victim/reporting party so desires.
•Personally identifying information for the reporting party should be included if available. This will help to avoid double counting crimes. No such personally identifying information will be included in the Clery statistical disclosures.
•If a victim does not want the report to go any further than the CSA, they should be advised that the CSA is required to submit the report for statistical purposes. However, the report can be submitted without identifying the victim.
•It is very important that the location of the crime is reported as precisely as possible. A building name or parking lot number, should be provided.
•A description of the crime should be given, including as much detail as possible. This is to aid in the determination of exactly what crime occurred. It is important to note any injuries sustained or weapons used. The reporting party should indicate if they feel that the perpetrator committed the crime because of bias; and, if so, what lead them to believe that to be the case.
•Check the appropriate boxes on the form. Consult the definitions provided below as needed. If in doubt, contact Director John Fellers at (979) 463-0547 or firstname.lastname@example.org also Rick Flores at (713) 677-7757 or email@example.com.
•Liquor, drug, and weapon offenses are reported when an arrest (including a citation) is involved or a referral for university disciplinary action is made. Note the number of people arrested or referred.
•If possible, determine what Clery Act geographical location the crime occurred in. Consult the location definitions provided below as needed. If in doubt, contact Rick Flores at (716) 677-7757 or firstname.lastname@example.org.
When the form is completed, please forward it as soon as possible to the Texas A&M Health Science Center Clery Compliance Office at 2121 W, Holcombe Blvd Houston, Texas 77030. The form may also be submitted by Fax to (713) 677-7725 or e-mail to email@example.com. Some departments may wish to retain a copy for their files. If so, the forms should be retained for at least seven years.
Campus Security Authority Training
TAMHSC Clery Compliance Office has elected to provide CSA training conducted by Delores Stafford and Associates to help Campus Security Authorities understand the Clery Act and why they have been designated as a CSA. What is required of them as CSAs. To assist you in better understanding the requirements, definitions and procedures involved with compliance to the Clery Act the Clery Compliance Office is available and will meet with any CSA that may feel they may need assistance. Please contact Rick Flores at (713) 677-7757 or firstname.lastname@example.org.
Clery Act Definitions
Campus Security Authority - The following are defined by the Jeanne Clery Act as Campus Security Authorities.
• Campus Security Department
• Individuals with Campus Security Responsibility - Any individuals who have responsibility for campus security but who do not constitute a campus police department or a campus security department, such as an individual who is responsible for monitoring entrance into institutional property. Examples of this category are: parking enforcement staff and event security staff.
• Individuals Designated by the Campus - Any individual or organization specified in an institution's statement of campus security policy as one to which students and employees should report criminal offenses. Examples might include: Student Affairs and Residence Life.
• Officials with Significant Responsibility for Student and Campus Activities - 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. If such an official is a pastoral or professional counselor as defined below, the official is not considered a campus security authority when acting in those capacities. Examples of this category might be: Director of Athletics, Team Coaches and Faculty Advisors to student groups.
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.
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.)
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. (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.
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 illicit drugs.
Weapon Law Violation – The violation of laws or ordinances regulating weapons.
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.
Disciplinary Referrals – incidents in which a student was not arrested but was referred for campus disciplinary action for liquor law violations, drug law violations, and illegal weapons possession.
Campus – (i) any building or property owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of, or in a manner related to, the institution's educational purposes, including residence halls; and
(ii) any building or property that is within or reasonably contiguous to the area identified in paragraph (i) of this definition, that is owned by the institution but controlled by another person, is frequently used by students and supports institutional purposes (such as a food or other retail vendor).
Non-Campus – (i) Any building or property owned or controlled by a student organization that is officially recognized by the institution; or
(ii) any building or property owned or controlled by an institution that is used in direct support of, or in relation to the institution's educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the institution.
Public Property –"public property" is defined by the Clery Act regulations as all public property including thoroughfares, streets, sidewalks, and parking facilities that is within the campus, or immediately adjacent to and accessible from the campus. Include the sidewalk across the street from your campus, but do not include public property beyond the sidewalk.