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Clery Act Overview

  • 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 the Texas A&M University Health Science Center) to prepare, publish and distribute campus security guidelines 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 Department of Security, 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?
    • Individuals with campus security responsibility — for example parking enforcement staff and event staff.
    •  An individual or organization identified in the campus statement of Guidelines 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?

    Campus security authorities 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 Department of Security. 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 campus security authorities is very important. If a crime is reported to a campus security authority, but goes no farther than that, Texas A&M University 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?

    Campus security authorities are not responsible for determining whether a crime took place. Campus security authorities are also not responsible for attempting to apprehend an alleged perpetrator of a crime. These are matters best left to law enforcement personnel. Campus security authorities 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 campus security authority, 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 Department of Security. Local numbers for each location can be found here. 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 campus security authority may do so on their behalf.

    If the reporting party does not want to contact the police about the crime, the campus security authority should complete a Campus Security Authority Combined Report Form. Even if the reporting party does wish to contact the police about the crime, the campus security authority may complete the form for their records.

  • How should the Campus Security Authority fill out the online report form?

    Completing the Form

    • 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 campus security authority, they should be advised that the campus security authority 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 Sonny Smith (713.677.7463) or Matt Spees (979.436.9302).
    • 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 Matt Spees (979.436.9302).
  • Campus Security Authority Training

    Texas A&M University Risk and Compliance mandates annual training for campus security authorities. This course provides guidance to university employees who are considered campus security authorities under The Jeanne Clery Campus Security Policy & Campus Crime Statistics Act (Clery). The course summarizes Clery crime reporting requirements, explains a campus security authorities' crime reporting responsibilities, and emphasizes the campus security authorities' role in campus safety.

  • 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 guildline 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 advisers to student groups.

  • Definitions of Clery Act Offenses

    [A PDF-formatted version of these definitions may be obtained from this download link]

    Murder and Non Negligent Manslaughter:

    The willful killing of one human being by another.

    Negligent Manslaughter:

    The killing of another person through gross negligence.

    Sexual Assault:

    An offense that meets the definition of rape, fondling, incest or statutory rape as used in the FBI’s Uniform Crime Reporting program. A sex offense is any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.

    • Rape:

      The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

    • Fondling:

      The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.

    • Incest:

      Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

    • Statutory Rape:

      Sexual intercourse with a person who is under the statutory age of consent.

    Sexual assault is defined in the Texas Penal Code, Chapter 22, Section 22.011.

    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 that injury result from an aggravated assault when a gun, knife, or other weapon is used which could and probably would result in serious personal injury if the crime were successfully completed.)

    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.

    Additional crimes (defined below):

    • Domestic Violence:

      A felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the victim; by a person with whom the victim shares a child in common; by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner; by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred. Any incident meeting this definition is considered a crime for the purposes of Clery Act reporting. Family violence is defined in the Texas Family Code, Chapter 71, Section 71.004.

    • 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. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the following factors:

      (i) The length of the relationship
      (ii) The type of relationship, and
      (iii) The frequency of interaction between the persons involved in the relationship.

      Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence. Any incident meeting this definition is considered a crime for the purposes of Clery Act reporting. Dating violence is defined in the Texas Family Code, Chapter 71, Section 71.0021.

    • Stalking:

      Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others or suffer substantial emotional distress. Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily require medical or other professional treatment or counseling. Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim. Any incident meeting this definition is considered a crime for the purposes of Clery Act reporting. Stalking is defined in the Texas Penal Code, Chapter 42, Section 42.072.

    Hate Crime:

    A crime reported to local police agencies or to a campus security authority that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim. The categories of bias include the victim’s actual or perceived race, religion, gender, gender identity, sexual orientation, ethnicity, national origin, and disability. Hate crimes include those crimes (defined above) and larceny, simple assault, intimidation, and the destruction/damage/vandalism of property (defined below).

    Larceny:

    The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another.

    Simple Assault:

    The unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness.

    Intimidation:

    To unlawfully place another person in reasonable fear of bodily harm through the use of threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack.

    Destruction/Damage/Vandalism of Property:

    To willfully or maliciously destroy, damage, deface, or otherwise injure real or personal property without the consent of the owner or the person having custody or control of it.

    Arrest and Referral for Disciplinary Action:

    Arrest is defined as persons processed by arrest, citation or summons. Referral for disciplinary action is defined as 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. Clery Act statistics are disclosed for arrests and referrals regarding liquor law violations, drug law violations, and illegal weapons possession. Only violations of the law resulting in arrest or referral are disclosed. Violations of institutional policy alone are not included in Clery Act statistics.

    • Liquor Law Violation:

      The violation of State or local laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, or use of alcoholic beverages, not including driving under the influence and drunkenness.

    • Drug Law Violation:

      The violation of laws prohibiting the production, distribution, and/or use of certain controlled substances and the equipment or devices utilized in their preparation and/or use. The unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation, or importation of any controlled drug or narcotic substance. Arrests for violations of State and local laws, specifically those relating to unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs.

    • Weapon Law Violation:

      The violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, concealment, or use of firearms, cutting instruments, explosives, incendiary devices, or other deadly weapons.

  • Definitions of Clery Act Locations

    On Campus

    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. This also includes any building or property that is within or reasonably contiguous to the geographic area 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

    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. This also includes any building or property owned or controlled by a student organization that is officially recognized by the institution.
  • Public Property
    All public property, including thoroughfares, streets, sidewalks, and parking facilities, that is within the campus, or immediately adjacent to and accessible from the campus.
Last edited by: clindahl 08/30/2017