The Handbook For Campus Crime Reporting
The Handbook for
Campus Crime
Reporting
U.S. DEPARTMENT OF EDUCATION
OFFICE OF POSTSECONDARY EDUCATION
2005
The Handbook for
Campus Crime
Reporting
Prepared for:
U.S. Department of Education
Office of Postsecondary Education
By:
Westat
Diane Ward
Janice Lee
U.S. Department of Education
Margaret Spellings
Secretary
Office of Postsecondary Education
Sally L. Stroup
Assistant Secretary
Office of Postsecondary Education
Policy and Budget Development Staff,
Policy, Planning and Innovation
David Bergeron
Director
June 2005
This report is in the public domain. Authorization to reproduce it in whole or in part is granted. While
permission to reprint this publication is not necessary, the citation should be: U.S. Department of
Education, Office of Postsecondary Education, The Handbook for Campus Crime Reporting, Washington,
D.C., 2005.
To order copies of this report,
write to: ED Pubs, Education Publications Center, U.S. Department of Education, P. O. Box 1398,
Jessup, MD 20794–1398; or
fax your request to: (301) 470–1244; or
e-mail your request to: edpubs@inet.ed.gov; or
call in your request toll–free to: (877) 433–7827 (877–4–ED–PUBS). If 877 service is not yet available
in your area, call (800) 872–5327 (800–USA–LEARN). Those who use a telecommunications device for
the deaf (TDD) or a teletypewriter (TTY), should call (877) 576–7734; or
order online at: www.edpubs.org.
This report is also available on the Department’s Web site at
www.ed.gov/admins/lead/safety/campus.html.
On request, this publication is available in alternate forms, such as Braille, large print or computer
diskette. For more information, please contact the Department’s Alternate Format Center at (202) 260-
9895 or (202) 205-8113.
This project was funded at least in part with federal funds from the U.S. Department of Education under
contract number ED-99-CO-0109 with Westat. The contracting officer’s representative was Nancy
Borkow. The content of this publication does not necessarily reflect the views or policies of the U.S.
Department of Education nor does mention of trade names, commercial products, or organizations imply
endorsement by the U.S. Government.
CONTENTS
List of Illustrations.............................................................................................................. v
Foreword............................................................................................................................. vii
Acknowledgments .............................................................................................................. ix
Section 1: An Overview of Clery Act Compliance
Introduction .......................................................................................................... 1
1.
What’s This All About Anyway? A Brief History of the Clery Act and a
Description of Compliance Requirements............................................................
3
2.
Important Turns on the Road to Compliance: Campus Characteristics to
Consider ............................................................................................................... 9
Section 2: Crime Data
3.
Knowing What to Disclose: Classifying and Defining Clery Act Crimes...........
23
4.
Where Do You Get All of This Information? Collecting Crime Data ................
49
Section 3: Ongoing Disclosure Requirements
5.
Alerting Your Campus to Threats: The Timely Warning....................................
61
6.
Writing It All Down: The Daily Crime Log........................................................
67
Section 4: Annual Disclosure Requirements
7.
Adding It All Up: How to Count Clery Act Crimes ............................................
75
8.
Not Just a Numbers Game: Disclosing Information About Policies, Procedures
and Programs........................................................................................................
85
9.
Special Considerations: Policies Regarding Sex Offenses and Offenders ..........
103
10.
Getting the Word Out: Distributing the Annual Security Report........................
111
11.
Submitting Crime Statistics to the U.S. Department of Education:
Web-Based Data Collection .................................................................................
115
iii
Appendices
A. The
Clery Act Regulations ...................................................................................
133
B. Checklist
for
Clery Act Compliance.....................................................................
161
C.
Case Management Division Contact Information ................................................
167
D. Sample
Map.......................................................................................................... 171
E.
Additional FBI Guidance on Crime Classification ..............................................
175
F.
Sample Statistical Reporting Templates...............................................................
183
G.
Section 120(a)–(d) of the Higher Education Act (HEA)...................................... 193
Index .............................................................................................................................. 195
iv
ILLUSTRATIONS
Figures
Sample Letter to Campus Security Authorities ..................................................................
52
Sample Request for Statistics From Local Police...............................................................
57
Sample Timely Warnings ...................................................................................................
64
Timely Notification Bulletin...............................................................................................
65
Sample Daily Crime Log ....................................................................................................
68
Sample Crime Statistics Table............................................................................................
82
Sample Policy Statement Addressing Timely Warnings ....................................................
87
Sample Policy Statement Addressing Preparation of Disclosure of Crime Statistics.........
88
Sample Policy Statement Addressing the Reporting of Criminal Offenses........................
89
Sample Policy Statement Addressing Voluntary Confidential Reporting ..........................
90
Sample Policy Statement Addressing Limited Voluntary Confidential Reporting ............
90
Sample Policy Statement Addressing Security and Access................................................
91
Sample Policy Statement Addressing Campus Law Enforcement (For Institutions
Whose Police Have Arrest Authority)..................................................................
92
Sample Policy Statement Addressing Campus Law Enforcement (For Institutions
Whose Police Do Not Have Arrest Authority).....................................................
93
Sample Policy Statement Addressing the Encouragement of Accurate and Prompt Crime
Reporting.............................................................................................................. 94
Sample Policy Statement Addressing Counselors (For Institutions With Confidential
Reporting Procedures)..........................................................................................
95
Sample Policy Statement Addressing Counselors (For Institutions Without Confidential
Reporting Procedures)..........................................................................................
95
Sample Policy Statement Addressing Security Awareness Programs ................................
96
Sample Policy Statement Addressing Crime Prevention Programs ...................................
97
Sample Policy Statement Addressing Criminal Activity Off Campus (For Institutions
Whose Police Monitor Off- Campus Activity) ....................................................
98
Sample Policy Statement Addressing Criminal Activity Off Campus (for Institutions
Whose Police Do Not Monitor Off-Campus Activity).........................................
99
Sample Policy Statement Addressing Alcoholic Beverages...............................................
99
Sample Policy Statement Addressing Illegal Drugs ...........................................................
100
Sample Policy Statement Addressing Substance Abuse Education ...................................
101
Sample Policy Statement Addressing Sex Offenses...........................................................
107
Addressing Sex Offender Registration (For Institutions Maintaining a List of Registered
Sample Policy Statement Sex Offenders On-Site) ...............................................
109
Sample Policy Statement Addressing Sex Offender Registration (For Institutions
Providing an Electronic Link To Registered Sex Offender Information
Maintained by an Outside Law Enforcement Agency) ........................................
110
Sample Policy Statement Notice of Availability of Annual Security Report .....................
113
Table
1 Components
of
Clery Act Compliance .................................................................
6
v
This page intentionally left blank.
vi
Foreword
ampus security and safety are important issues in postsecondary
C education today. Providing students nationwide with a safe
environment in which to learn and keeping students, parents and
employees well informed about campus security are goals that have
been voiced by many groups. These goals were advanced by the
Crime Awareness and Campus Security Act of 1990. The U.S.
Department of Education (ED) is committed to ensuring that
postsecondary institutions are in full compliance with this act, and
that the enforcement of the act remains a priority.
Compliance with this act, now known as the Jeanne Clery
Disclosure of Campus Security Policy and Campus Crime Statistics
Act, or Clery Act, provides students and families, as higher education
consumers, with the information they need to make informed
decisions. This handbook was designed to assist you, in a step-by-
step and readable manner, in meeting the regulatory requirements of
the Clery Act by guiding you through the regulations and explaining
what they mean and what they require your institution to do. For
example, this handbook contains references to specific sections of
the regulations, highlights important information in side notes, and
provides examples of documents that can be used as models for your
institution. And, since no handbook could cover every situation, it
also provides you with contact information if you need further
assistance.
We hope that you will find The Handbook for Campus Crime
Reporting to be a useful tool in assisting you in complying with the
Clery Act. We urge you to share the information it contains with
everyone involved with Clery Act compliance at your institution.
vii
This page intentionally left blank.
viii
Acknowledgments
he authors wish to thank the many individuals whose
T contributions made this handbook a reality. First to David
Bergeron, the OPE project officer, thank you for your support,
encouragement and willingness to listen to all sides of the issue.
To all of the members of the working group, S. Daniel Carter,
Lori England, Julius Goaneh, Susan Hattan, Michael Lance,
Roderick Pullen, Michael Schuchert, Chris Simmons, Dolores
Stafford and Michael Webster, thank you for your advice, incredible
patience and good humor throughout this process. We owe an
additional debt of gratitude to Susan Hattan and Michael Schuchert
for their willingness to endure even more meetings to help us
understand and address compliance issues for “non-traditional”
campuses. And to Daniel Carter and Dolores Stafford, an extra
thank you for the countless hours you spent outside of the working
group meetings serving as sounding boards for our ideas, debating
issues with us and helping us to craft wording that will make the
compliance process understandable to all concerned.
Thank you also to Joe Mike and Barbara Bauman from OPE,
and outside reviewers Alan MacNutt, John Wesley Lowery, Doug
Tuttle, Steven Goldman, and countless others who reviewed the
handbook, provided valuable suggestions, and participated in the
field testing of the training program over the past year.
This handbook would be less than complete without the
contributions of the many institutions who gave us permission to use
examples of their policy statements, forms and maps to illustrate
compliance. Our thanks goes to the following: University of
Wyoming; James Madison University; San Diego State University;
California State University, Long Beach; University of California,
Irvine; University of New Mexico, Albuquerque; McDaniel College;
University of Tennessee, Chattanooga; Montgomery College,
Maryland; George Washington University; Strayer University; Tufts
University; California State University, Los Angeles; Vanderbilt
University; California State University, Fresno; University of
California, San Diego; Cayuga Community College; Dodge City
Community College; Virginia Polytechnic Institute and State
University; Hollins University; and University of California System.
And a special thanks to Sylvie Warren who worked her
formatting magic every time the working group decided to
reorganize the handbook.
ix
This page intentionally left blank.
Section 1:
An Overview of
Clery Act Compliance
his section is designed to give you an overall picture of what
T institutions must do to comply with the Clery Act. The introduction
provides a brief overview of the handbook. Chapter 1 identifies the
components involved in compliance, and Chapter 2 helps you to determine
what compliance involves for your specific institution.
Introduction
o… your institution has assigned to you the job of coordinating
S compliance with the Clery Act and you’d like to know more
about what that means. Note that we’ve used the term “coordinate”
here because this is not a one-person job. Most institutions will find
it necessary to coordinate compliance activities with many people
and offices throughout the campus community. This fact will
become much clearer to you as you work your way through this
handbook.
You may be a security officer, an institutional research
director, an administrative assistant or the president of the school.
Your institution may occupy two rooms in a multistory building,
several city blocks, or 100 acres surrounded by a small town. No
matter what your administrative position or the size of your
institution, you have essentially the same compliance responsibilities
as every other institution that participates in federal Title IV student
aid programs. (More about Title IV in Chapter 2.)
Compliance with the Clery Act is not simply a matter of
entering statistics into a Web site or publishing a brochure once a
year. Compliance is a whole system of developing policy state-
ments, gathering information from all the required sources and
translating it into the appropriate categories, disseminating
information, and, finally, keeping records. Many people at your
institution—from the president on down—should be involved.
This handbook is a compilation of current U.S. Department of
Education (ED) guidelines. It also incorporates scenarios, examples,
and issues discussed in multiple sessions of a working group
composed of representatives of ED, the Federal Bureau of
Investigation (FBI), the International Association of Campus Law
Enforcement Administrators (IACLEA), Security on Campus (SOC),
and various other stakeholders.
The handbook will lead you through the process of
compliance step-by-step. It may not have the answers to all your
specific questions, but it will explain the why, what, who, when and
how of Clery Act compliance.
1
Introduction
This handbook will:
• Provide you with a detailed discussion of Clery Act
compliance, including sample policy statements, record-
keeping forms and helpful practices;
• Provide clear, step-by-step instructions for those of you
with little or no experience complying with the Clery Act
requirements;
• Provide information for experienced individuals or offices
to assist in satisfying compliance requirements;
• Provide detailed discussions about how the regulations
apply in certain situations; and
• Provide examples of how to classify and count Clery Act
crimes.
This handbook will not:
• Impact or change current Clery Act regulations in any
way.
• Supplant or replace the Higher Education Act of 1965
(HEA). The HEA and its regulations take precedence if or
when there are any differences between them and the
handbook. Your institution is responsible for ensuring
that it complies with any changes to the HEA and the
regulations.
• Discuss security issues that are not addressed in the
regulations (e.g., how to increase funding for your
institution’s security department).
If you are experienced with Clery Act compliance, you may be
asking yourself whether you actually need a campus crime reporting
handbook. Maybe you’re wondering if you need to read it all the
way through. If so, you will find that the handbook includes
numerous suggestions that may make your task easier while
providing complete information for everyone involved in Clery Act
compliance.
We suggest that you read this material carefully, think about
how it applies to your situation, and then read it again. If you still
have questions, understand that you are not alone. Many people who
have been involved with this effort from the beginning still have
questions. To address everyone’s concerns, an e-mail Help Desk has
been established and can be accessed at
CrimeHandbookQuestions@ed.gov.
2
What’s This All About
CHAPTER 1
Anyway? A Brief
History of the Clery Act
and a Description of
Compliance Requirements
hoosing a postsecondary institution is a major decision for
students and their families. Along with academic, financial
C and geographic considerations, the issue of campus safety is
a vital concern. In 1990, Congress enacted the Crime Awareness and
Campus Security Act (Title II of Public Law 101–542), which
amended the Higher Education Act of 1965 (HEA). This act
required all postsecondary institutions participating in Title IV
student financial aid programs to disclose campus crime statistics
and security information. The act was amended in 1992, 1998 and
2000. The 1998 amendments renamed the law the Jeanne Clery
Disclosure of Campus Security Policy and Campus Crime Statistics
Act in memory of a student who was slain in her dorm room in 1986.
(See Appendix A for a detailed legislative history of the Clery Act.)
The Clery Act requires higher education institutions to give
timely warnings of crimes that represent a threat to the safety of
students or employees, and to make public their campus security
policies. It also requires that crime data are collected, reported and
disseminated to the campus community and are also submitted to
ED. The act is intended to provide students and their families, as
higher education consumers, with accurate, complete and timely
information about safety on campus so that they can make informed
decisions.
What Is Your Institution Obliged to Do?
To be in compliance with Clery Act regulations, your
institution has several obligations. These fall into three main
categories: 1) policy disclosure; 2) records collection and retention;
and 3) information dissemination.
3
Chapter 1–What’s This All About Anyway?
1. Policy
disclosure
Your institution must provide your campus community and
the public with accurate statements of its current policies and
practices regarding:
• Procedures for students and others to report criminal
actions or other emergencies occurring on campus;
• Security of and access to campus facilities; and
• Campus law enforcement.
The regulatory requirements regarding these policy statements
are discussed in detail in Chapters 8 and 9 of this handbook.
2.
Records collection and retention
Your institution is required to keep some campus records and
to request records from law enforcement agencies.
• You must keep records of crimes reported to campus
security authorities.
• Your institution must also make a reasonable good-faith
Local police statistics cite
effort to obtain certain crime statistics from appropriate
34 CFR 668.46(c)(9)
law enforcement agencies to include in an annual security
report and the Web-based report to ED.
Crime log cite
• If your institution maintains a campus police or
34 CFR 668.46(f)
security office, you are required to keep a daily crime log
that must be open to public inspection.
Suggestions for how to request data from local authorities can
be found in Chapter 4. The crime log and its requirements, along
with an example of a typical crime log, are discussed in detail in
Chapter 6. Records-retention requirements are found in Chapter 10.
3. Information
dissemination
To provide campus community members with information
necessary to make informed decisions about their safety, you must
disseminate information in several ways. You must:
• Provide a “timely warning” of any Clery Act crime that
Timely warning cite
might represent an ongoing threat to the safety of students
34 CFR 668.46(e)
or employees;
4
Chapter 1–What’s This All About Anyway?
• Provide access to your crime log during normal business
hours;
• Publish an annual security report and distribute it to all
Annual security report cite
current students and employees, and inform prospective
34 CFR 668.46(b)
students and employees about the content and availability
of the report;
• Inform the campus community where to obtain
information about registered sex offenders; and
• Submit your institution’s crime statistics to ED through
Annual submission cite
our Web-based data collection system.
34 CFR 668.41(e)(5)
Requirements and suggestions for providing a timely warning
report system are presented in Chapter 5. A complete discussion of
the crime log can be found in Chapter 6. A detailed description of
the requirements for the annual security report is found in Chapters
7–10. Sex offender registry information is included in Chapter 9.
Finally, Chapter 11 discusses the requirements of the report to ED.
Who Must Be Involved?
All postsecondary institutions, both public and private, that
participate in federal Title IV student aid programs are required to
comply with the Clery Act regulations. Although Clery Act
compliance is an institutional responsibility, full compliance is a
campus-wide effort, and concerns all members of the campus
community. Policy statements must be developed and crime reports
must be collected from a wide variety of campus security authorities.
Campus security authority
These authorities include:
cite
34 CFR 668.46(a)
• Campus police;
• Non-police security staff responsible for monitoring
campus property;
• Individuals and offices designated by the campus security
policies as those to whom crimes should be reported; and
• Officials of the institution with significant responsibility
for student and campus activities.
A complete description of these requirements, including identifying
campus security authorities, informing them of their responsibilities,
and gathering appropriate data from them, is contained in Chapter 4.
5
Chapter 1–What’s This All About Anyway?
Note that all institutions receiving
Title IV funds, whether or not they
maintain any type of campus police
or security department, are
required to comply with the Clery
Act.
When Must These Things Happen?
Compliance with the Clery Act is not a once-a-year event. As
you by now are aware, many requirements must be satisfied before
an institution can be considered in full compliance. Some
requirements are ongoing, such as policy implementation, timely
warnings, and crime log updating, while other requirements are less
frequent, such as the annual security report and the crime statistics
report that is submitted to ED.
Table 1.1 is an overview of the basic requirements and time
frames for the main components of compliance. The details and
explanations for each requirement are contained in the remaining
chapters in this handbook. Appendix B provides a checklist for
Clery Act compliance.
TABLE 1—COMPONENTS OF CLERY ACT COMPLIANCE
What?
When?
To Whom?
Chapter(s)
Development, disclosure and
Routinely on an ongoing
All members of the campus
8–9
implementation of all campus
basis.
community.
security policies.
Timely warnings to alert the
Whenever there is a threat
All members of the campus
5
campus community about crimes that a crime is ongoing or
community.
that pose a serious or continuing
may be repeated (i.e., as soon
threat to safety.
as the information becomes
available).
*A daily crime log that lists, by
Updated daily as crimes are
Must be made available for
6
date reported, all crimes reported reported.
public inspection without
to the campus police or security
exception.
department.
Annual security report
Must be published and
Current students and
7–10
containing campus security
distributed annually by
employees individually.
policy disclosures and crime
October 1. There is no grace
Prospective students and
statistics for the previous three
period.
employees notified of
years.
availability of report.
Report to ED of statistics for
Each fall, on the dates
Made available for public
11
Clery Act crimes via designated
provided by ED in a letter to
inspection.
Web site.
your institution.
*A crime log is mandatory for all institutions that maintain a campus police or security department.
6
Chapter 1–What’s This All About Anyway?
Before Moving On
Now that you know the basics of Clery Act compliance, you
need to be aware of the consequences of noncompliance. In addition
to providing guidance on the implementation of Clery Act
regulations and collecting and disseminating crime data to Congress
and the public, the U.S. Department of Education is also responsible
for monitoring compliance.
ED can issue civil fines up to $27,500 per violation for a
substantial misrepresentation of the number, location or nature of the
Civil penalty cite
crimes required to be reported. Final Review Determination Reports
20 U.S.C. 1092(f)(13) and
are public records. ED’s Program Review Guide can be accessed at
1094(c)(3)(B)
www.ifap.ed.gov.
It is therefore important that you read the following chapters
carefully, think about how they apply to your situation, and then
review them again. Use this handbook as a desk reference as you set
up your policy and data collection system. Keep timely and
complete records, and ask for help if necessary.
7
This page intentionally left blank.
8
Important Turns on the
CHAPTER 2
Road to Compliance:
Campus Characteristics
to Consider
lthough compliance requirements are essentially the same
for all institutions, the route to satisfying them will not be
A the same for all. Ask yourself the following questions about
your institution to determine the route you should take.
Does My Institution Participate in
Federal Title IV Programs?
All public and private postsecondary institutions that
participate in federal Title IV student aid programs must comply
with the Clery Act regulations. Title IV institutions have signed
Program Participation Agreements (PPAs) with ED to administer
federal student aid programs. These programs include: Pell Grants;
Federal Supplemental Educational Opportunity Grants (FSEOGs);
the Federal Work Study Program; Federal Plus Loans; the Federal
Family Education Loan Program (FFELP); the Direct Loan Program;
and the Leveraging Educational Assistance Partnership (LEAP). If
you are not sure whether your institution participates in Title IV,
contact your institution’s financial aid officer or chief executive
officer. Note that:
• Your institution must comply with Clery Act requirements
beginning on the date your Program Participation
Agreement goes into effect (i.e., the date it is signed by
the secretary of education).
For institutions that become Title IV eligible at times
other than at the start of a calendar year, there are special
considerations. Upon signing your PPA, you are required
to develop policy statements, issue timely warning reports
if necessary, and keep a crime log if your institution
maintains a campus police or security department.
However, you will need to contact ED’s School Eligibility
9
Chapter 2–Important Turns on the Road to Compliance
Channel (formerly the Office of Case Management and
Oversight) for guidance regarding your institution’s
statistical disclosure requirements.
Crime statistics are disclosed each year for the previous
three years. For example, if your institution became Title
IV eligible in July 2004, you would not have collected any
Clery Act crime statistics prior to that date. Because it
takes some time and coordination to begin collecting
crime statistics, you will need guidance in determining the
date for which your institution is responsible for beginning
its crime statistics reporting. The School Eligibility
Channel will make this decision on a case-by-case basis.
Contact information for the appropriate division is
provided in Appendix C.
• If your institution is Title IV eligible, but has a location or
locations that serve students who are not receiving Title
IV student aid, you must still comply with the Clery Act
for all locations. The requirement is based on institutional
eligibility, not location eligibility.
• If your institution is not a Title IV institution or has a
“deferment only” status (i.e., it does not provide student
loans or grants through Title IV programs but does have
students who are eligible to defer federal student loans
while they are enrolled in your school), you are not
required to comply with the Clery Act.
If you have determined that your
institution is not a Title IV
institution, you are not required to
comply with the Clery Act. If your
institution is a Title IV institution,
read on.
Crime log cite
Does My Institution Maintain a Campus
34 CFR 668.46(f)(1)
Police or Security Department?
Most institutions with a campus setting have a campus police
or security department. Some institutions choose not to provide
these services with institution staff, and instead contract with a
private company to handle campus security. Others have agreements
with municipal, county or state law enforcement agencies for
security services. It doesn’t matter if your security staff is paid by
10
Chapter 2–Important Turns on the Road to Compliance
your institution or by a contractor, or if you have one security officer
or a police department. Any of these arrangements put your
institution in the category of “having a security department.”
If local law enforcement patrols on or near your campus, but
your institution does not have an arrangement or contract with the
police for this service, your institution is not required to maintain a
crime log for Clery Act purposes. The campus security policy
statement you disclose in your annual security report should indicate
if your campus security personnel constitute a campus police or
security department (more about this in Chapter 8). This is an
important distinction because any institution that has a security
department is required to maintain a crime log.
If your institution has an individual or individuals with limited
responsibility for campus security (e.g., someone monitoring access
to a campus building by checking student IDs) but who do not
constitute a police or security department, your institution is not
required to maintain a crime log. If your institution does not
maintain a police or security department, but leases classroom space
in a building with security personnel employed or contracted by your
landlord, you are not required to keep a daily crime log. The
requirements of the crime log are detailed in Chapter 6.
Does your institution maintain a
police or security department? If
so, you are required to keep a crime
log. If not, your institution is not
required to keep a crime log;
however, you must meet all other
Clery Act requirements.
What Geographic Area Is Associated with
Geographic breakdown cite
My Campus?
34 CFR 668.46(c)(4)
The Clery Act requires that institutions disclose statistics for
offenses committed in certain geographic locations associated with
the institution. For example, if a burglary is reported to the campus
police, it should be included in the annual security report only if it
occurred in one of the following locations: on campus, in or on a
noncampus building or property, or on public property within or
immediately adjacent to and accessible from the campus. All crimes,
including hate crimes (discussed in Chapter 3), must be disclosed by
geographic location. These locations have definitions specific to the
Clery Act and are described in detail next.
11
Chapter 2–Important Turns on the Road to Compliance
On Campus
Geographic definitions cite
34 CFR 668.46(a)
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
Any building or property that is within or reasonably
contiguous to paragraph (1) 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).
What does this mean?
“On campus” is what most people traditionally think of as the
main part or core of an institution. A building or property that an
institution owns, rents or leases is considered to be “controlled by”
the institution. A building or property that is owned by a third party
that has a written contract with the institution is also considered to be
controlled by the institution. “Reasonably contiguous” requires
some judgment on the part of the institution. A building or property
would be considered reasonably contiguous if: 1) it is in a location
that you consider to be, and treat as, an integral part of your main or
core campus; and 2) it is covered by the same security policies as
that campus. Therefore, on-campus includes buildings and property
that are in the same general location and that fit into one of two
types:
a) Owned or controlled by the school and used to meet or
support the school’s educational purposes. This includes
residence halls. Examples of other buildings or property
are:
• Buildings that house classrooms and labs.
• Buildings that house administrative offices such as
financial aid, business and admissions.
• Fraternity and sorority houses. This includes only
those houses located on campus that are owned or
controlled by the institution. This does not include
fraternity or sorority houses on campus that are
owned or controlled by the fraternity or sorority. In
cases where the institution owns the property, but the
fraternity or sorority controls the building, the house
is considered on campus. The institution’s ownership
of the property takes precedence over the student
organization’s control. Note that this rule of
12
Chapter 2–Important Turns on the Road to Compliance
ownership having precedence over control applies
only to fraternity or sorority houses.
• Student activity centers.
• Health clinics.
• Storage facilities (e.g., facilities used to store lab
equipment or building supplies).
b) Owned but not controlled by the school, frequented by
students, and used to support the institution’s purposes.
Examples are:
• Food vendors; and
• Book stores.
“Dormitories or other residential facilities for students on
34 CFR 668.46(c)(4)(ii)
campus” is a subset of the on-campus category. Institutions must
disclose the total number of on-campus crimes, including those in
dorms or other residential facilities for students on campus, and must
also make a separate disclosure limited to the number of crimes
occurring in student dorms or residential facilities on campus. As a
subset, the number of crimes reported for dormitories or other
residential facilities must be less than or equal to the number of
reported crimes for the on-campus category.
Do not include faculty-only residence facilities in this
category. Faculty housing that is owned or controlled by the
institution and which is located within the confines of the campus
falls under the on-campus category only.
If your institution does not have dormitories or residential
facilities for students on campus, you may omit this location from
the statistical section of your annual security report. You must,
however, provide an explanation clearly stating that your institution
does not have such facilities. Note that if your institution has
dormitories or other facilities for students on campus, you must
include this location in your statistical disclosure even if there were
no crimes reported there. You should enter a zero (0) for each type
of crime. Do not leave blanks and do not omit the residential
location from your disclosure.
A Noncampus Building or Property
34 CFR 668.46(c)(4)(iii) and
definitions
Any building or property owned or controlled by a student
organization that is officially recognized by the institution; or
13
Chapter 2–Important Turns on the Road to Compliance
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.
What does this mean?
Any building or property that is either owned or controlled by
an officially recognized student organization is considered to be a
“noncampus” location. Whether the building or property is located
on campus or off campus is irrelevant. If it is owned or controlled by
a recognized student organization, it is noncampus for Clery Act
purposes.
Use the following guidelines to help you determine whether
crimes reported for a fraternity or sorority house are classified as on
campus or noncampus.
For an on-campus crime:
• The building is owned or controlled by the institution and
is located within the confines of the main campus;
• The building is owned by the institution, but controlled by
a fraternity or sorority, and located within the confines of
the main campus; and
• The property (land) is owned by the institution, the house
is owned or controlled by the fraternity or sorority, and the
building is located within the confines of the main
campus.
For a noncampus crime, the building is:
• Owned or controlled by the institution and is located off
campus;
• Owned or controlled by a student organization and is
located within the confines of the main campus;
• Owned or controlled by a student organization and is
located off campus; and
• Owned by the institution, but controlled by a fraternity or
sorority, and is located off campus.
The second part of the noncampus definition includes any
building or property not part of the main campus, but not constituting
a separate campus. Note that a building or property must meet all
three of the criteria for this classification: 1) owned or controlled by
14
Chapter 2–Important Turns on the Road to Compliance
the institution; 2) used for its educational purposes; and 3) frequently
used by students.
Examples of properties typically meeting the requirements of
noncampus properties are:
• Research facilities.
• University-owned hospitals.
• An off-campus student housing facility owned by a third
party that has a written contract with your institution to
provide student housing. It does not matter whether the
rent is paid to the third party by the institution on behalf of
the students or directly by the students (if there is no
written contract with the institution, there is no
requirement to disclose offenses occurring there).
• A student residential facility owned or controlled by the
institution, but not located within the same reasonably
contiguous geographic area of the institution.
• A publicly owned athletic stadium that is leased by the
institution for its football games. Report crimes that occur
during the time the facility is used by your students. If
your institution leases parking space associated with this
facility, you must also disclose reports of crimes occurring
there during the time of use by your institution.
• Institutionally owned research vessels carrying students
participating in institutional programs.
• A site owned or controlled by your institution where a
student does an internship, externship, clinical training or
student teaching. If your institution offers additional
classes for students in a rented or leased location, your
disclosure requirements are determined by the time
covered in the contract. For example, if you lease a floor
of a building on Tuesdays and Thursdays between the
hours of 6:00 a.m. and 10:00 p.m., you must disclose all
Clery Act crimes that occur in that space on Tuesdays and
Thursdays between 6:00 a.m. and 10:00 p.m.
If your contract gives you use of that same floor of the
building on Tuesdays and Thursdays for 24 hours each
day, you must disclose crimes occurring there during that
period of time. It does not matter whether or not your
students were using the space during the time the crimes
occurred. In addition, if there is additional space
associated with the leased or rented space (e.g., stairwell,
hallway or lobby that must be used to enter and leave the
15
Chapter 2–Important Turns on the Road to Compliance
room), you must also disclose any reports of crimes
occurring there during the time covered by your contract.
Examples of properties not considered noncampus:
• If a group of your students goes on an overnight trip to see
a play and rents hotel rooms, you do not have to disclose
crimes that occur in the rooms. Regardless of whether this
is a school-sponsored trip and regardless of who rents the
rooms (i.e., the students or the institution), such
accommodations do not fit the “frequently used by
students” criterion.
• If a group of your students get together every weekend to
visit a nearby city, and the students rent hotel rooms at the
same hotel each time, you do not have to disclose crimes
that occur in the hotel rooms because this is not an
institution-sanctioned event and the institution has no
control over that space.
• A coffee house located just off campus that is frequented
daily by students is not controlled by the institution, and
you do not need to disclose crimes occurring there.
• If your institution sponsors classes for inmates at a prison
facility, you are not required to disclose offenses from this
location because your institution does not own or control
that space.
• If your institution owns the land on which a public
elementary, middle or high school is located, you do not
have to disclose crime statistics from that location because
it is not used for your institution’s educational purposes.
• If your institution sends student teachers to a public
elementary, middle or high school that is not owned or
controlled by your institution, you are not required to
disclose crimes committed there. If, however, your
institution sends student teachers to an elementary, middle
or high school that is owned or controlled by your
institution, you are required to disclose crimes committed
there.
• If your institution owns an apartment building and rents
apartments only to faculty members, you are not required
to disclose crimes committed there because the building is
not frequently used by students. However, if these same
apartments are rented to students, as well as to faculty, or
are rented strictly to students, you are required to disclose
offenses at that location.
16
Chapter 2–Important Turns on the Road to Compliance
• If your institution has “preferred leasing,” that is, you
steer students toward recommended off-campus housing,
but this housing is neither owned nor controlled by the
institution, you are not required to disclose crimes
occurring there.
If your institution does not have any noncampus buildings
or property associated with it, you may omit this location from the
statistical portion of your annual security report. You must provide
an explanation clearly stating that your institution does not have such
buildings or property.
Note that if your institution does have noncampus buildings or
property, you must include these locations in your statistical
disclosure even if no crimes were reported there. You should enter a
zero (0) for each type of crime. Do not leave blanks and do not omit
this location from your report.
Crimes committed on field trips sponsored by an institution
are not included in an institution’s Clery Act statistics unless the field
trip was to a noncampus building or property owned or controlled by
the institution.
On Public Property
34 CFR 668.46(c)(4)(iv) and
A
definitions
ll public property, including thoroughfares, streets,
sidewalks, and parking facilities, that is within the campus, or
immediately adjacent to and accessible from the campus.
What does this mean?
You are required to disclose offenses that occur on public
property (property not owned or controlled by your institution and
not private residences or businesses). Only the public property that is
within your campus, or next to or bordering your campus and that is
easily accessible from your campus, is included in this definition
You are
(i.e., not public property for the entire jurisdiction surrounding your
not required to
institution). For example, a thoroughfare such as a highway that is
disclose crime
immediately adjacent to your institution but is separated by a fence
or other manmade barrier would not be included in this definition
statistics for
because it is not accessible from your campus. Include the sidewalk
public property
across the street from your campus, but do not include public
that surrounds
property beyond the sidewalk. Include publicly owned or municipal
noncampus
parking facilities. The Clery Act does not require you to disclose
crime statistics for public property that surrounds noncampus
buildings or
buildings or property.
property.
17
Chapter 2–Important Turns on the Road to Compliance
Suppose the public property immediately adjacent to an
institution is a park or similar type of area that extends farther than
“immediately adjacent” to your campus. How do you know just how
much of this property to include for purposes of Clery Act reporting?
If a park is gated on the side or sides that border your campus,
and is, therefore, not accessible from the campus, crimes committed
there are not disclosed. However, if that same park is not gated, it is
considered accessible, and crimes committed there are considered to
have occurred “on public property.” They are, therefore, disclosed.
If the gate to the park is open during specific times and the park is
then accessible from your campus, you must disclose crimes
occurring there for the applicable time period.
For such parks or comparable public areas, we suggest that
you use one mile from your campus borders as your guide. One mile
is considered by ED to be a reasonable walking distance from a
campus. If your institution has special concerns about areas that
extend beyond this parameter, you may provide additional
information. Note that this one-mile suggestion applies only to
public parks or other comparable areas. It does not apply to all
public property.
One of the intentions of providing this information to students
and others is to allow comparisons between areas where institutions
are located. It is important, therefore, that all institutions define “on
public property” in a similar manner.
While the use of a map is not required by Clery Act
regulations, some institutions choose to provide a map to help the
campus community better understand where reported crimes were
committed. A map may be used only if it presents an accurate picture
of the geographic locations it depicts. As such, it is imperative that
you update your map with each annual security report, as necessary.
If you are reporting for separate campuses and choose to use maps,
you must provide a separate map for each campus. A sample map is
included in Appendix D.
We advise you to keep careful track of your institution’s real
estate transactions throughout the year because they may affect
disclosure obligations. If after reading this handbook, you are still
unsure how a building or property fits into the Clery Act geographic
locations, e-mail CrimeHandbookQuestions@ed.gov for help.
Do you know how each geographic
location applies to your institution?
Getting this right is one of the keys
to accurate crime reporting.
18
Chapter 2–Important Turns on the Road to Compliance
Does My Institution Have Any Separate
Campuses?
Since the whole point of disclosing crime statistics is to make
Separate campus cite
34 CFR 668.46(d)
sure that people are better informed about safety in their local
environments, Clery Act requirements must be met individually for
each separate campus. The definition of separate campus is broad
and encompasses many kinds of campuses. A separate campus, by
definition, is an additional location such as a branch, school or
administrative division that is not reasonably geographically
contiguous with the main campus.
A branch campus is a specific ED designation. It is defined as
a location of an institution that is geographically apart and
Branch campus definition
cite
independent of the main campus of the institution. A location of an
34 CFR 600.2
institution is considered independent of the main campus if the
location is permanent in nature, offers courses in educational
programs leading to a degree or other recognized educational
credential, has its own faculty and administrative or supervisory
organization, and has its own budgetary and hiring authority.
For Clery Act purposes, an administrative division of an
institution is an academic division that offers an organized program
of study but is not geographically contiguous to the campus.
Administrative divisions include schools of business, law, medicine
or nursing, which have separate facilities and administrative offices.
Therefore, if you have one main campus, a branch campus and a
satellite location, all three must comply separately with the Clery
Act.
Although this covers most multilocation institutions, some less
typical cases deserve further clarification.
• Separate Clery Act compliance is required both for U.S.-
owned foreign institutions as well as branches of domestic
institutions that are located abroad.
• If your institution sends students to study abroad or to
exchange programs at institutions that you do not own or
control, you are not required to disclose crimes occurring
there.
• If your institution shares a campus with another Title IV
institution, each must comply separately. Do not divide
the property for reporting purposes.
• If your institution has multiple campuses each located in
different geographically separate buildings that are rented
or leased by your institution, compliance requirements
must be met separately for each location. If your
19
Chapter 2–Important Turns on the Road to Compliance
institution does not rent or lease the entire building, you
are to disclose only crimes that occur in the space your
institution occupies for the time you rent or lease that
space. Remember to disclose reports of crimes occurring
on public property for each location.
• If your institution’s campus consists solely of rented
classroom space on the campus of another institution, you
must disclose crimes that occur in that classroom space
while it is occupied by your students.
• If your institution has an additional location that offers on-
line distance education only, that location is not required
to comply with the Clery Act.
If the situation at your institution is different than any of the
abovementioned examples, e-mail
CrimeHandbookQuestions@ed.gov for assistance before making any
reporting decisions.
Does your institution have any
separate campuses? If the answer is
yes, keep this in mind as you
continue reading this handbook.
Each separate campus requires
separate Clery Act compliance.
Now, let’s talk about just exactly what crimes need to be
disclosed and how they should be categorized.
20
Section 2:
Crime Data
ow that you have read an overview of Clery Act compliance, the next
N step is to familiarize yourself with the crime data you need to disclose.
This information is applicable to timely warnings, the crime log, the annual
security report, and the Web-based report to ED.
We will take it step-by-step. Chapter 3 discusses how to classify
crimes, while Chapter 4 addresses how to collect crime data from various
sources. Note that while the discussion of each type of crime includes a
statement about how the crime is counted, a detailed explanation of counting
crimes is provided in Chapter 7.
This page intentionally left blank.
Knowing What to
CHAPTER 3
Disclose: Classifying and
Defining Clery Act Crimes
our institution is required to disclose crime statistics based on
Y four factors: 1) where the crime occurred; 2) the type of crime;
3) to whom the crime was reported; and 4) when the crime was
reported. Chapter 2 discussed the applicable geographic locations—
on campus, in or on noncampus buildings or property, or on public
property within or immediately adjacent to and accessible from your
campus. This chapter focuses on the specific Clery Act crimes you
must disclose, and how they are defined.
First, you must know what this law means by disclosing
“crimes.” You are required to disclose reported crimes. A crime is
reported when it is brought to the attention of a campus security
authority or the local police by a victim, witness, other third party, or
even the offender. An institution must disclose crime reports
A crime is
regardless of whether any of the individuals involved in either the
reported when
crime itself, or in the reporting of the crime, are associated with the
it is brought to
institution.
the attention
If the individual receiving the crime information believes it
of a campus
was provided in good faith, he or she should document this as a
security
crime report. In good faith means there is a reasonable basis for
authority or
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.
the local police
by a victim,
What you must disclose, therefore, are statistics from reports
witness, other
of alleged criminal incidents. It is not necessary for the crime to
have been investigated by the police or a campus security authority,
third party, or
nor must a finding of guilt or responsibility be made. If the
even the
institution is in doubt as to whether a crime has been reported, the
offender.
institution should rely on the judgment of law enforcement
professionals.
23
Chapter 3–Knowing What to Disclose
The Clery Act requires institutions to disclose three general
categories of crime statistics:
1. Types of Offenses—Criminal Homicide, including:
a) Murder and Non-Negligent Manslaughter; and
b) Negligent Manslaughter; Sex Offenses including:
a) forcible, and b) non-forcible; Robbery; Aggravated
Assault; Burglary; Motor Vehicle Theft; and Arson.
2. Hate Crimes—Disclose whether any of the above-
mentioned offenses, or any other crimes involving bodily
injury, were hate crimes; and
3. Arrests and Referrals for Disciplinary Action for illegal
weapons possession and violation of drug and liquor laws.
How Are Clery Act Crimes Defined?
It is very important that you pay careful attention to crime
UCR Definitions cite
definitions in order to classify crimes properly so that your statistical
34 CFR 668.46(c)(7)
disclosures are in compliance with the Clery Act. The definitions are
taken from the Federal Bureau of Investigation’s (FBI’s) Uniform
Crime Reporting Handbook (UCR) as required by Clery Act
regulations. Keep in mind that the regulations state that institutions
must use the UCR for defining and classifying crimes. The
regulations do not state that Clery Act crime reporting must meet all
UCR standards.
You are required to report offenses, not the findings of a court,
coroner, or jury, or the decision of a prosecutor. Classify and count
crimes from the records of calls for service, complaints and
You are
investigations.
required to report
offenses, not the
Note that crime definitions appear in italics. Much of the
wording for the discussion following the definitions is taken directly
findings of a
from the UCR. Although the Clery Act does not require a breakdown
court, coroner,
of crime statistics into subcategories (e.g., Burglary–Forcible Entry,
or jury, or the
Burglary–Unlawful Entry–No Force, and Burglary–Attempted
Forcible Entry), this information from the UCR is provided in this
decision of a
handbook to help you determine what to include in the overall crime
prosecutor.
classification (e.g., Burglary). Some of the crime examples are
Classify and
adapted from the UCR, while others were created for this handbook.
count crimes from
the records of
calls for service,
complaints and
investigations.
24
Chapter 3–Knowing What to Disclose
Types of Offenses
1. Criminal homicide. These offenses must be separated
into two categories: Murder and Non-Negligent Manslaughter, and
Negligent Manslaughter.
Murder and Non-Negligent Manslaughter is defined as the
willful (non-negligent) killing of one human being by another.
As a general rule, any death caused by injuries received in a
fight, argument, quarrel, assault or commission of a crime is
classified as Murder and Non-Negligent Manslaughter. You must
not classify the following as Murder and Non-Negligent
Manslaughter: suicides, fetal deaths, traffic fatalities, accidental
deaths, assaults to murder and attempts to murder.
Suicides, traffic fatalities and fetal deaths are excluded;
however, some accidental deaths are classified as Manslaughter by
Negligence and will be addressed later. Attempts and assaults to
murder must be classified as aggravated assaults.
Situations in which a victim dies of a heart attack as the result
of a crime are not classified as criminal homicide. A heart attack
cannot, in fact, be caused at will by an offender. Even in instances
where an individual is known to have a weak heart, there is no
assurance that an offender can cause sufficient emotional or physical
stress to guarantee that the victim will suffer a fatal heart attack.
Certain willful killings are classified as justifiable or
excusable. In the UCR, justifiable homicide is defined as and limited
to the killing of a felon by a peace officer in the line of duty, or the
killing of a felon during the commission of a felony, by a private
citizen. Note that justifiable homicide is not a Clery Act crime.
For Clery Act purposes, crime counts are based on incidents
reported. Do not classify a killing as justifiable or excusable solely
on the claims of self-defense or on the actions of a coroner,
prosecutor, grand jury or court. Report the willful (non-negligent)
killing of one individual by another, not the criminal liability of the
person or persons involved. Count one offense per victim.
25
Chapter 3–Knowing What to Disclose
Examples of Murder and Non-Negligent Manslaughter
Scenario 1: A gunman enters a classroom on campus and kills two students and a faculty member
before being subdued and arrested. This is classified as three on-campus Murder and Non-Negligent
Manslaughter statistics.
Scenario 2: Two groups of students get into an argument in a campus parking lot. Jim punches Joe
and causes him to hit his head on a concrete sidewalk, inflicting severe head trauma. Two days later,
Joe dies. This is classified as one on-campus Murder and Non-Negligent Manslaughter statistic.
Scenario 3: A husband and wife have an argument at a married student housing facility owned by
the institution that is five miles from campus, and the wife shoots and kills her husband. This is
classified as one noncampus Murder and Non-Negligent Manslaughter statistic.
Scenario 4: A non-student is shot and killed during an armed robbery on a city-owned sidewalk in
front of a campus building. This is classified as one public property Murder and Non-Negligent
Manslaughter statistic.
Scenario 5: Two students get into an argument at a popular off-campus bar. Bob attacks Brad with a
broken bottle and Brad pulls out a gun and kills Bob. Do not include this incident in your annual
security report, as it occurred at a private facility off campus.
Negligent Manslaughter is defined as the killing of another
person through gross negligence.
As a general rule, any death caused by the gross negligence of
another is classified as Negligent Manslaughter. Deaths of persons
due to their own negligence, accidental deaths not resulting from
gross negligence, and traffic fatalities, are not included in the
category Negligent Manslaughter. The findings of a court, coroner’s
inquest, etc., do not affect classifying or counting; these are law
enforcement statistics. Count one offense per victim.
Example of Negligent Manslaughter
Scenario: Two students are handling a gun at an on-campus fraternity house owned by the
institution, and one “jokingly” points the gun at the other. Jim fires the gun, and Mike is killed. Jim
claims no knowledge of the gun being loaded. This is classified as one Negligent Manslaughter in the
on-campus category and in the on-campus student housing category.
26
Chapter 3–Knowing What to Disclose
2. Sex offenses. For sex offenses only, definitions from the
FBI’s National Incident-Based Reporting System (NIBRS) Edition
of the UCR are used. These offenses must be separated into two
categories: forcible and non-forcible. Do not differentiate between
attempted and completed sex offenses in your statistical disclosures.
For all sex offenses, count one offense per victim.
Sex Offenses—Forcible is defined as 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. There are four types of forcible sex
offenses:
• Forcible Rape is the carnal knowledge of a 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 because of his/her temporary or
permanent mental or physical incapacity (or because of
his/her youth). This offense includes the forcible rape of
both males and females.
In cases where several offenders rape one person, count one
forcible rape. Do not count the number of offenders.
If force was used or threatened, the crime should be classified
as forcible rape, regardless of the age of the victim. If no force or
threat of force was used and the victim was under the statutory age of
consent, the crime should be classified as statutory rape. The ability
of the victim to give consent must be a professional determination by
a law enforcement agency.
• Forcible Sodomy is oral or anal sexual intercourse with
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 because of his/her
youth or because of his/her temporary or permanent
mental or physical incapacity.
• Sexual Assault With an Object is the use of an object or
instrument to unlawfully penetrate, however slightly, the
genital or anal opening of the body of 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 because of his/her youth or because of
his/her temporary or permanent mental or physical
incapacity. An object or instrument is anything used by
the offender other than the offender’s genitalia. Examples
are a finger, bottle, handgun, stick, etc.
27
Chapter 3–Knowing What to Disclose
• Forcible Fondling is the touching of the private body
parts of another person for the purpose of sexual
gratification, 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 because of his/her
youth or because of his/her temporary or permanent
mental incapacity. Forcible fondling includes “indecent
liberties” and “child molesting.”
UCR State Program Bulletin 02–1,
March 2002, pg. 36
Examples of Forcible Sex Offenses
Scenario 1: A female student reports that she was forcibly raped by an unidentified male while
jogging along a campus trail. This is classified as one on-campus Forcible Sex Offense.
Scenario 2: A female student reports that her ex-boyfriend had sex with her in her residence hall
room while she was unconscious after a night of drinking alcohol. This is classified as one Forcible
Sex Offense in both the on-campus category and in the on-campus student housing category.
Scenario 3: A male student reports that another male student fondled him in a campus building. This
is classified as one on-campus Forcible Sex Offense.
Scenario 4: A female student reports to the campus police that she was forcibly raped in her car in a
parking lot on her school’s campus by students from another college. This is classified as one on-
campus Forcible Sex Offense.
Scenario 5: Three female students report that they were each raped by five male students at an off-
campus fraternity house owned by the fraternity. Each male raped each of the female students. This is
classified as three noncampus Forcible Sex Offenses.
Scenario 6: A female student reports that an unknown male attempted to rape her on a city-owned
sidewalk outside a classroom building on campus, but that he was frightened away by another
pedestrian before completing the attack. This is classified as one public property Forcible Sex
Offense.
Scenario 7: A male student slipped a date rape drug into a female student’s drink at a noncampus
fraternity house. Before he could lure the victim away from her friends, however, someone noticed
what he had done and summoned the police. A police officer found the drug and identified the
suspect. He determined that the suspect had administered the date rape drug with the intent to
incapacitate the woman and commit a sexual assault. This is classified as one noncampus Forcible
Sex Offense.
Scenario 8: A male student slipped a date rape drug into a female student’s drink at a noncampus
fraternity house. Before he could lure the victim away from her friends, however, someone noticed
what he had done and summoned the police. A police officer ascertained that a student had slipped a
date rape drug into another student’s drink, but the officer was unable to determine the perpetrator’s
intent. Because the investigating officer was unable to determine intent, the incident cannot be
counted as a forcible sex offense. The UCR program considers a date rape drug a poison; therefore,
this is classified as one noncampus Aggravated Assault (defined in detail later in this chapter.)
28
Chapter 3–Knowing What to Disclose
Sex Offenses—Non-forcible are incidents of unlawful, non-
forcible sexual intercourse. Only two types of offenses are included
in this definition:
• Incest is non-forcible sexual intercourse between persons
who are related to each other within the degrees wherein
marriage is prohibited by law.
• Statutory Rape is non-forcible sexual intercourse with a
person who is under the statutory age of consent. If force
was used or threatened, or the victim was incapable of
giving consent because of his/her youth, or temporary or
permanent mental impairment, the offense should be
classified as forcible rape, not statutory rape.
Example of a Non-Forcible Sex Offense
A 21-year-old student has sex with a 15-year-old juvenile in the student’s on-campus apartment.
There is no use of force or threat of force (the statutory age of consent is 16). This is classified as one
Non-Forcible Sex Offense both in the on-campus category and in the on-campus student housing
category.
In reporting non-forcible sex offenses, it’s important to
remember the following:
• Not all sex offenses are disclosed under the Clery Act.
(For example, sexual harassment, voyeurism and indecent
exposure are not reportable offenses under the Clery Act.)
• The only non-forcible sex offenses reportable under the
Clery Act are incest and statutory rape. There are no
exceptions.
We recommend that during a training session: 1) the
definition of non-forcible sex offenses should be emphasized for
those individuals to whom crimes are reported; and 2) your
institution should double-check all reports of non-forcible sex
offenses to confirm that they fit the Clery Act definition. This does
not mean you should investigate the offense. Just confirm that the
description of the offense in the report fits the definition of either
incest or statutory rape.
The statutory age of consent differs by state. For example, in
Maryland, the statutory age of consent is 14 years of age (which
means the victim must be under 14), and the offender must be at
least four years older than the victim. In Nevada, a victim is
someone under age 16, and an offender is someone over age 18. We
recommend that you consult your state’s statutes to determine the
statutory age of consent.
29
Chapter 3–Knowing What to Disclose
3. Robbery. Robbery is 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.
Robbery is a vicious type of theft in that it is committed in the
presence of the victim. The victim, who usually is the owner or
person having custody of the property, is directly confronted by the
perpetrator, and is threatened with force or is put in fear that force
will be used. Robbery involves a theft or larceny, but is aggravated
by the element of force or threat of force.
Because some type of assault is an element of the crime of
robbery, an assault must not be reported as a separate crime as long
as it was performed in furtherance of the robbery. However, if the
injury results in death, a homicide offense must be reported.
Armed robbery includes incidents commonly referred to as
stickups, hijackings, holdups, heists, carjackings, etc. Carjackings
are robbery offenses in which a motor vehicle is taken through force
or threat of force. In such case, following the Hierarchy Rule, report
only a robbery, not a motor vehicle theft. (The Hierarchy Rule is
discussed in Chapter 7.) Robberies wherein only personal weapons
such as hands, fists and feet, are used or threatened to be used, may
be referred to as strong-arms or muggings.
The UCR considers a weapon to be a commonly known
weapon (a gun, knife, club, etc.) or any other item which, although
not usually thought of as a weapon, becomes one in the commission
of a crime. Classify crimes involving pretended weapons or those in
which the weapon is not seen by the victim, but the robber claims to
possess one, as Armed Robbery. Should an immediate on-view
arrest provide that there is no weapon involved, classify the offense
as Strong-Armed Robbery.
Guard against using the public’s terminology, such as
“robbery of an apartment” or “safe robbery” when classifying a
robbery offense, inasmuch as the public is referring to a burglary
situation.
In analyzing Robbery, the following subheadings are used:
• Firearm. Include robberies in which any firearm is used
as a weapon or employed as a means of force to threaten
the victim or put the victim in fear. Attempts are included
in this category.
• Knife or cutting instrument. Include robberies in which
a knife, broken bottle, razor, ice pick or other cutting or
stabbing instrument is employed as a weapon or as a
30
Chapter 3–Knowing What to Disclose
means of force to threaten the victim or put the victim in
fear. Attempts are included in this category.
• Other dangerous weapon. Include robberies in which a
club, acid, explosive, brass knuckles, Mace, pepper spray
or other dangerous weapon is employed or its use is
threatened. Attempts are included in this category.
• Strong-arm—hands, fists, feet, etc. Include muggings
and similar offenses in which only personal weapons such
as hands, arms, feet, fists and teeth are employed or their
use is threatened to deprive the victim of possessions.
In the absence of force or threat of force, as in pocket-picking
or purse-snatching, the offense must be classified as Larceny–Theft
rather than robbery. However, if in a purse-snatching or other such
crime, force or threat of force is used to overcome the active
resistance of the victim, the offense must be classified as Strong-Arm
Robbery.
In any instance of Robbery, count one offense for each
distinct operation (i.e., incident), including attempts. Do not
count the number of victims robbed, those present at the robbery, or
the number of offenders when counting this crime.
Example of Robbery
Two students returning to campus from a night at a local bar are approached by three armed men on a
city sidewalk outside their residence hall and asked to hand over their wallets. The students comply,
and the three armed men leave without harming the students. This is classified as one Robbery on
public property.
4. Aggravated Assault. Aggravated assault is an unlawful
attack by one person upon another for the purpose of inflicting
severe or aggravated bodily injury. This type of assault usually is
accompanied by the use of a weapon or by means likely to produce
death or great bodily harm.
The UCR considers a weapon to be a commonly known
weapon (a gun, knife, club, etc.) or any other item which, although
not usually thought of as a weapon, becomes one in the commission
of a crime.
The categories of Aggravated Assault include assaults or
attempts to kill or murder; poisoning; assault with a dangerous or
deadly weapon; maiming; mayhem; assault with explosives; and
assault with disease (as in cases when the offender is aware that
he/she is infected with a deadly disease and deliberately attempts to
31
Chapter 3–Knowing What to Disclose
inflict the disease by biting, spitting, etc.). All assaults by one
person upon another with the intent to kill, maim or inflict severe
bodily injury with the use of any dangerous weapon are classified as
Aggravated Assault. It is not necessary that injury result from an
aggravated assault when a gun, knife or other weapon that could
cause serious personal injury is used.
Occasionally, it is the practice of local jurisdictions to charge
assailants in assault cases with assault and battery, disorderly
conduct, domestic violence or simple assault, even though a knife,
gun or other weapon was used in the incident. This type of offense
must be classified as Aggravated Assault. For all types of
Aggravated Assault, count one offense per victim.
• Aggravated Assault—Firearm. Include all assaults in
which a firearm of any type is used or is threatened to be
used. Assaults with revolvers, automatic pistols,
shotguns, zip guns, rifles, etc., are included in this
category.
• Aggravated Assault—Knife or Cutting Instrument.
Include assaults wherein weapons such as knives, razors,
hatchets, axes, cleavers, scissors, glass, broken bottles and
ice picks are used as cutting or stabbing objects, or when
their use is threatened.
• Aggravated Assault—Other Dangerous Weapon.
Include assaults resulting from the use or threatened use of
any object as a weapon in which serious injury does or
could result. The weapons in this category include, but are
not limited to: Mace, pepper spray, clubs, bricks, jack
handles, tire irons, bottles or other blunt instruments used
to club or beat victims. Attacks by explosives, acid, lye,
poison, scalding, burnings, etc., are also included in this
category.
• Aggravated Assault—Hands, Fists, Feet, Etc.—
Aggravated Injury. Include only the attacks using
personal weapons such as hands, arms, feet, fists and teeth
that result in serious or aggravated injury. Consider the
seriousness of the injury as the primary factor in
establishing whether the assault is aggravated or simple.
Classify the assault as aggravated if the personal injury is
serious (broken bones, internal injures or stitches
required). On the other hand, classify the offense as a
simple assault if the injuries are not serious (abrasions,
minor lacerations or contusions) and require no more than
usual first-aid treatment.
32
Chapter 3–Knowing What to Disclose
An Aid for Classifying Assaults
Careful consideration of the following factors should assist in
classifying assaults:
• The type of weapon employed or the use of an object as a
weapon;
• The seriousness of the injury; and
• The intent of the assailant to cause serious injury.
Often, the weapon used or the extent of the injury sustained
will be the deciding factor in distinguishing aggravated from simple
assault. In only a limited number of instances should it be necessary
to examine the intent of the assailant.
Prosecutorial policy in a jurisdiction must not dictate
classification of an assault. Examine and classify assaults according
to the standard UCR definitions, regardless of whether they are
termed misdemeanors or felonies by local definitions.
Aggravated assault is a troublesome crime to classify. If a
UCR State Program Bulletin
number of persons are involved in a dispute or disturbance, and the
99–1, Massachusetts,
aggressors cannot be distinguished from the victims, count the
January 1999
number of persons assaulted as the number of offenses.
Examples of Aggravated Assault
Scenario 1: Sarah and Anne had a heated argument at a party at a sorority house owned by the
sorority off campus. Sarah grabbed a lacrosse stick and repeatedly beat Anne across the back with it,
breaking several ribs. This is classified as one Aggravated Assault in the noncampus category.
Scenario 2: Two students are involved in a fist fight in the laundry room in their dormitory. Both
have head injuries and are treated at a hospital. This is classified as two Aggravated Assaults in both
the on-campus category and in the on-campus student housing category.
Scenario 3: Two students were involved in a physical altercation in a campus parking lot behind
their dormitory. Brad pulled a canister of Mace from his pocket and sprayed Tim in the face, causing
him severe burning and discomfort. Tim fled the scene and sought medical attention. This is
classified as one on-campus Aggravated Assault, because Mace is considered a weapon.
33
Chapter 3–Knowing What to Disclose
5. Burglary. Burglary is the unlawful entry of a structure to
commit a felony or a theft. The UCR classifies offenses locally
known as Burglary (any degree); unlawful entry with intent to
commit a larceny or felony; breaking and entering with intent to
commit a larceny; housebreaking; safecracking; and all attempts at
these offenses as Burglary. Count one offense per each distinct
operation.
It is
The UCR’s definition of a structure includes, but is not limited
to, the following:
important to
remember that
• Apartment, barn, cabin, church, condominium, dwelling
house, factory, garage, house trailer or houseboat (used as
offenses must be
permanent dwelling), mill, office, other building,
classified
outbuilding, public building, railroad car, room, school,
according to UCR
stable, storage facility, vessel (ship) and warehouse.
definitions and
• Any house trailer or other mobile unit that is permanently
not according
fixed as an office, residence or storehouse is considered a
structure.
to state or
local codes.
Tents, tent trailers, motor homes, house trailers or other
mobile units that are being used for recreational purposes are not
considered structures. The UCR does not consider a telephone booth
a structure.
Burglaries of hotels, motels, lodging houses or other places
where lodging of transients is the main purpose can present reporting
problems to law enforcement. If a number of units under a single
manager are burglarized and the offenses are most likely to be
reported to the police by the manager rather than the individual
tenants, the burglary must be reported as a single offense. Examples
are burglaries of a number of rental hotel rooms, rooms in flop
houses, rooms in youth hostels and units in a motel.
If the individual living areas in a building are rented or leased
to the occupants for a period of time that would preclude the tenancy
from being classified as transient, then the burglaries would most
likely be reported separately by the occupants. Such burglaries must
be reported as separate offenses. Examples of the latter type of
multiple burglary would be: the burglaries of a number of
apartments in an apartment house; of the offices of a number of
commercial firms in a business building; of the offices of separate
professionals within one building; or of a number of rooms in a
college dormitory.
Unlike a residence hall, however, in which each room is
considered to be a separate dwelling, the various rooms within an
academic building are typically under the control of a single firm
(the college or university). The burglary of an academic structure
34
Chapter 3–Knowing What to Disclose
would be counted as one offense, regardless of the number of interior
rooms entered or items stolen.
Thefts from automobiles, whether locked or not; shoplifting
from commercial establishments; and thefts from telephone booths,
coin boxes, or coin-operated machines, are all classified as Larceny–
Theft offenses. If the area entered was one of open access, thefts
from the area would not involve an unlawful trespass and would be
classified as Larceny–Theft. A forcible entry or unlawful entry in
which no theft or felony occurs, but acts of vandalism, malicious
mischief, etc., are committed, is not classified as a burglary, provided
investigation clearly established that the unlawful entry was for a
purpose other than to commit a felony or theft. Of course, if the
offender unlawfully entered the structure, a multiple offense exists,
and you must classify the offense as a burglary. (Counting crimes in
multiple offense incidents will be discussed in Chapter 7.)
If a forcible or unlawful entry of a building is made to steal a
motor vehicle, count the offense as a burglary, not motor vehicle
theft.
When a question arises as to whether a type of structure comes
within the scope of the burglary definition, look to the nature of the
crime and be guided by the examples set forth. If a question remains,
contact CrimeHandbookQuestions@ed.gov.
• Burglary–Forcible Entry. Include all offenses where
force of any kind is used to unlawfully enter a structure
for the purpose of committing a theft or felony. This
definition applies when a thief gains entry by using tools;
breaking windows; forcing windows, doors, transoms or
Remember,
ventilators; cutting screens, walls or roofs; and where
known, using master keys, picks, unauthorized keys,
if lawful entry
celluloid, a mechanical contrivance of any kind (e.g., a
cannot be
passkey or skeleton key) or other devices that leave no
proven, classify
outward mark but are used to force a lock. Also include in
this category burglary by concealment inside a building
the crime as
followed by exiting the structure.
a burglary.
• Burglary–Unlawful Entry–No Force. The entry of a
structure in this situation is achieved by use of an
unlocked door or window. The element of trespass to the
structure is essential in this category, which includes thefts
from open garages, open warehouses, open or unlocked
dwellings and open or unlocked common basement areas
in apartment houses where entry is achieved by someone
other than the tenant who has lawful access. (Note that if
the area entered was one of open access, thefts from the
area would not involve an unlawful trespass and would be
classified as Larceny. The Clery Act does not require an
institution to disclose Larceny statistics.)
35
Chapter 3–Knowing What to Disclose
• Burglary–Attempted Forcible Entry. Include those
situations where a forcible entry burglary is attempted but
not completed. Once the thief is inside a locked structure,
the offense becomes a Burglary–Forcible Entry. Classify
attempts to enter an unlocked structure as well as actual
trespass to an unlocked structure as Burglary–Unlawful
Entry–No Force. Only situations in which a thief has
attempted to break into a locked structure are classified as
Burglary–Attempted Forcible Entry.
Examples of Burglary
Some of the following examples are adapted from FBI correspondence. Copies of the letters are
provided in Appendix E.
Scenario 1: A student living in an on-campus residence hall room with other students reports an item
missing from his room.
Scenario 2: When a resident, having lawful access to a structure, takes an item from another
resident, the proper classification would be Larceny–Theft. You are not required to include this in
your Clery Act statistics. If a person, other than a resident, enters an unlocked structure (room), or
one where the door was left open, the proper classification would be burglary. If force of any kind is
used to unlawfully enter a structure for the purpose of committing a theft or felony, this is classified
as Burglary.
Scenario 3: If housekeeping and maintenance personnel who have keys and are authorized to gain
access only for maintenance tasks, enter a room not on the maintenance schedule and steal an item,
classify the offense as Burglary.
Scenario 4: Generally, if an item is missing from a structure, and if the individual who took the item
is unknown, and if the investigating officer has exhausted all avenues leading toward the offense of
Larceny–Theft, the proper classification is Burglary. Classify the offense as one on-campus Burglary
and one on-campus residential facility Burglary.
Scenario 5: A perpetrator enters five on-campus dorm rooms without permission on the same night
looking to steal money. He takes a wallet from one room, but takes nothing from the other four
rooms. Classify this as five burglaries in both the on-campus category and on-campus student
housing category.
6. Motor Vehicle Theft. Motor vehicle theft is the theft or
attempted theft of a motor vehicle. Count one offense for each
stolen vehicle.
Motor Vehicle Theft includes the theft or attempted theft of a
motor vehicle, which the UCR defines as a self-propelled vehicle that
runs on land surface and not on rails: for example, sport utility
vehicles, automobiles, trucks, buses, motorcycles, motor scooters,
36
Chapter 3–Knowing What to Disclose
all-terrain vehicles and snowmobiles are classified as motor vehicles.
This category does not include farm equipment, bulldozers,
airplanes, construction equipment or water craft (motorboats,
sailboats, houseboats or jet skis).
Taking a vehicle for temporary use when prior authority has
been granted or can be assumed, such as in family situations, rental
car agreements, or unauthorized use by chauffeurs and others having
lawful access to the vehicle, must not be classified as motor vehicle
thefts.
Classify as Motor Vehicle Theft all cases where automobiles
are taken by persons not having lawful access even though the
vehicles are later abandoned. Include joyriding in this category. If a
vehicle is stolen in conjunction with another offense, classify the
crime using the procedures for classifying multiple offenses (i.e., the
Hierarchy Rule, which is discussed in Chapter 7).
There are three categories of motor vehicles within this
classification:
•
Autos. Include the thefts of all sedans, station wagons,
coupes, convertibles, sport utility vehicles, minivans
and other similar motor vehicles that serve the primary
purpose of transporting people from one place to
another. Automobiles used as taxis are also included.
Some states allow a station wagon to be registered as a
truck; however, licensing is not a determining factor.
The UCR stipulates that a station wagon must be
classified as an automobile.
•
Trucks and buses. Include the theft of those vehicles
specifically designed (but not necessarily used) to
transport people and cargo. Pickup trucks and cargo
vans, regardless of their uses, are included in this
category. The UCR considers a self-propelled motor
home to be a truck.
•
Other vehicles. Include all other motor vehicles that
meet the UCR definition, such as snowmobiles,
motorcycles, motor scooters, trail bikes, mopeds, golf
carts, all-terrain vehicles and motorized wheelchairs. If
you are uncertain whether to classify an incident as
Motor Vehicle Theft, we encourage you to contact law
enforcement.
37
Chapter 3–Knowing What to Disclose
Note that Motor Vehicle Theft does not include thefts from
motor vehicles. Theft from a motor vehicle is Larceny, which is not
a Clery Act crime.
Examples of Motor Vehicle Theft
Scenario 1: A faculty member’s car is reported stolen from a campus parking garage and is later
recovered a block off campus. This is classified as one Motor Vehicle Theft on campus.
Scenario 2: A car stereo and CDs are reported stolen from a car parked along a city-owned street on
campus. Do not include this crime, because it is theft from a Motor Vehicle, not Motor Vehicle
Theft.
Scenario 3: A student’s car is stolen from a city street outside a remote classroom five miles from
campus. Do not include this crime, because it occurred on public property outside a noncampus
location.
7. Arson. Arson is 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.
Report as Arson only fires determined through investigation to
have been willfully or maliciously set. Attempts to burn are included
in this offense, but fires of suspicious or unknown origins are not.
Note that Arson is the only Clery Act offense that must be
investigated before it can be included in the statistics. One offense
should be counted for each distinct Arson operation originating
within the reporting jurisdiction. If Arson is perpetrated in one
locale and spreads to another, the jurisdiction in which the fire
originated must report it.
Arson–Structural
This crime category includes:
• Single occupancy residential (houses, townhouses,
duplexes, etc.);
• Other residential (apartments, tenements, flats, hotels,
motels, inns, dormitories, boarding houses, etc.);
• Storage (barns, garages, warehouses, etc.);
• Industrial/manufacturing;
• Other commercial (stores, restaurants, offices, etc.);
38
Chapter 3–Knowing What to Disclose
• Community/public (churches, jails, schools, colleges,
hospitals, etc.); and
• All other structures (out buildings, monuments, buildings
under construction, etc.).
In classifying the object of an arson as structural, use the
guidelines for defining structures set forth in the discussion of
burglary in this handbook. A house trailer or mobile unit that is
permanently fixed as an office, residence, or storehouse must be
considered structural property.
Arson–Mobile
This crime category includes:
• Motor vehicles (automobiles, trucks, buses, motorcycles,
etc.); and
• Other mobile property (trailers, recreational vehicles,
airplanes, boats, etc.).
Motor vehicles by UCR definition must be self-propelled and
run on land surface and not on rails: for example, sport utility
vehicles, automobiles, trucks, buses, motorcycles, motor scooters,
all-terrain vehicles and snowmobiles are classified as motor vehicles.
Arson–Other
The Arson–Other subcategory encompasses Arson of all
property not classified as structural or mobile. Willful or malicious
burnings of property such as crops, timber, fences, signs and
merchandise stored outside structures are included in this category.
Cautions in Classifying Arson
Key to properly classifying arson is establishing the point of
origin of a fire. If an individual willfully burns a vehicle parked
adjacent to a home, and the fire subsequently spreads to and destroys
the home, the appropriate Arson subcategory would be Mobile–
Motor Vehicle. In cases where the point of origin is undetermined,
or in instances of multiple points of origin, report the structural,
mobile or other category of property that suffered the greatest fire
damage.
Incidents in which persons are killed as a direct result of
Arson are classified as both Criminal Homicides and Arson.
Similarly, the number of persons severely injured during an Arson
39
Chapter 3–Knowing What to Disclose
must be reported as Aggravated Assaults along with the Arson.
When multiple reportable offenses are committed during the same
distinct operation as the Arson offense, the most serious offense is
reported along with the Arson.
Examples of Arson
Scenario 1: A student is killed by what an investigation determines was a deliberately set fire in his
residence hall room. Include both one Murder and Non-Negligent Manslaughter and one Arson in
both the on-campus category and the on-campus student housing category.
Scenario 2: A suspicious fire is reported in a campus academic building, but no evidence of Arson is
found. Do not include this incident in your annual security report.
Hate Crimes
Hate Crimes cite
34 CFR 668.46(c)(3)
Your institution must include, by geographic location and by
category of prejudice, any of the aforementioned offenses, and any
other crime involving bodily injury 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.
Note that unlike the previously discussed offenses, “any other crime
involving bodily injury” is not a UCR term. Include in this category
all applicable crimes with the exception of Aggravated Assault
(Aggravated Assault is a separate crime category). The categories of
bias are:
• Race. A preformed negative attitude toward a group of
persons who possess common physical characteristics
(e.g., color of skin, eyes, and/or hair; facial features, etc.)
genetically transmitted by descent and heredity which
distinguish them as a distinct division of humankind (e.g.,
Asians, blacks, whites).
• Gender. A preformed negative opinion or attitude toward
a group of persons because those persons are male or
female. Gender bias is also a Clery Act-specific term, not
found in the FBI’s Hate Crime Data Collection
Guidelines.
• Religion. A preformed negative opinion or attitude
toward a group of persons who share the same religious
beliefs regarding the origin and purpose of the universe
and the existence or nonexistence of a supreme being
(e.g., Catholics, Jews, Protestants, atheists).
40
Chapter 3–Knowing What to Disclose
• Sexual orientation. A preformed negative opinion or
attitude toward a group of persons based on their sexual
attraction toward, and responsiveness to, members of
their own sex or members of the opposite sex (e.g., gays,
lesbians, heterosexuals).
• Ethnicity/national origin. A preformed negative opinion
or attitude toward a group of persons of the same race or
national origin who share common or similar traits,
languages, customs and traditions (e.g., Arabs,
Hispanics).
• Disability. A preformed negative opinion or attitude
toward a group of persons based on their physical or
mental impairments/challenges, whether such disability is
temporary or permanent, congenital or acquired by
heredity, accident, injury, advanced age or illness.
Classifying a crime as a Hate Crime is sometimes difficult.
The Clery Act regulations require institutions to classify hate crimes
according to the FBI’s Uniform Crime Reporting Hate Crime Data
Collection Guidelines and Training Guide for Hate Crime Data
Collection. The following information taken from those publications
should be useful in guiding you.
1. While there are many additional types of bias, the types of
bias motivation to be disclosed for Clery Act purposes are
limited to the six aforementioned types.
2. Before an incident can be classified as a hate crime,
sufficient objective facts must be present to lead a
reasonable and prudent person to conclude that the
offender’s actions were motivated, in whole or in part, by
bias. While no simple fact may be conclusive, facts such
as the following, particularly when combined, are
supportive of a finding of bias:
a. The offender and the victim were of a different race,
religion, disability, sexual orientation and/or ethnicity/
Remember,
national origin. For example, the victim was black and
that you must
the offender was white.
also disclose any
b. Bias-related oral comments, written statements or
crime involving
gestures were made by the offender which indicate
bodily injury that
his/her bias. For example, the offender shouted a racial
epithet at the victim.
is a Hate Crime.
c. Bias-related drawings, markings, symbols or graffiti
were left at the crime scene. For example, a swastika
was painted on the door of a synagogue.
41
Chapter 3–Knowing What to Disclose
d. Certain objects, items or things which indicate bias
were used. For example, the offenders wore white
sheets with hoods covering their faces or a burning
cross was left in front of the victim’s residence.
e. The victim is a member of a racial, religious,
disability, sexual-orientation or ethnic/national origin
group which is overwhelmingly outnumbered by other
residents in the neighborhood where the victim lives
and the incident took place. This factor loses
significance with the passage of time (i.e., it is most
significant when the victim first moved into the
neighborhood, and becomes less and less significant as
time passes without incident).
f. The victim was visiting a neighborhood where
previous hate crimes were committed against other
members of his/her racial, religious, disability, sexual-
orientation or ethnic/national origin group, and where
tensions remained high against his/her group.
g. Several incidents occurred in the same locality at or
about the same time, and the victims were all of the
same race, religion, disability, sexual orientation or
ethnicity/national origin.
h. A substantial portion of the community where the
crime occurred perceived that the incident was
motivated by bias.
i. The victim was engaged in activities promoting his/her
race, religion, disability, sexual orientation or
ethnicity/national origin. For example, the victim was
a member of the NAACP or participated in gay rights
demonstrations.
j. The incident coincided with a holiday or a date of
particular significance relating to a race, religion,
disability, sexual orientation or ethnicity/national
origin (e.g., Martin Luther King Day, Rosh Hashanah).
k. The offender was previously involved in a similar
Hate Crime or is a hate group member.
l. There were indications that a hate group was involved.
For example, a hate group claimed responsibility for
the crime or was active in the neighborhood.
m. An historically established animosity existed between
the victim’s and the offender’s groups.
42
Chapter 3–Knowing What to Disclose
n. The victim, although not a member of the targeted
racial, religious, disability, sexual-orientation or
ethnic/national origin group, was a member of an
advocacy group supporting the precepts of the victim
group.
Cautions
• Need for a case-by-case assessment of the facts.
The aforementioned factors are not all-inclusive of the
types of objective facts which evidence bias
motivation. Therefore, examine each case for facts
which clearly provide evidence that the offender’s bias
motivated him/her to commit the crime.
• Misleading facts. Be alert to misleading facts. For
example, the offender used an epithet to refer to the
victim’s race, but the offender and victim were of the
same race.
• Feigned facts. Be alert to evidence left by the
offenders which is meant to give the false impression
that the incident was motivated by bias. For example,
students of a religious school, hoping that they will be
excused from attending class, vandalize their own
school, leaving anti-religious statements and symbols
on its walls.
• Offender’s mistaken perception. Even if the
offender was mistaken in his/her belief that the victim
was a member of a racial, religious, disability, sexual-
orientation or ethnic/national origin group, the offense
is still a Hate Crime as long as the offender was
motivated by bias against that group. For example, a
non-gay student leaving a publicized gay rights
meeting in a noncampus fraternity house, is followed
back to campus and attacked behind a dorm by six
teenagers who mistakenly believed the victim is gay.
Although the offenders were mistaken, the offense is a
Hate Crime because it was motivated by the offenders’
anti-gay bias.
3. Knowing that a perpetrator is prejudiced is not enough to
classify a crime as a Hate Crime. There must be evidence
that the perpetrator was motivated by that prejudice to
commit the crime.
4. It is the perception of the perpetrator, not the perception of
the victim, that determines whether a crime is classified as
a Hate Crime.
43
Chapter 3–Knowing What to Disclose
5. The FBI does not consider rape to be a Hate Crime unless
there is clear evidence of bias.
6. Do not classify arrests or disciplinary referrals for illegal
weapons possession or drug or liquor law violations as
hate crimes.
7. Institutions without a campus police department are
encouraged to seek guidance from local police for
classifying crimes as hate crimes.
Arrests or Disciplinary Referrals for Illegal Weapons
Possession and Substance Law Violations
In addition to disclosing statistics for the aforementioned
Arrests and referrals cite
34 CFR 668.46(c)(viii)
offenses, the Clery Act requires institutions to disclose both the
(A)&(B)
number of arrests and the number of persons referred for disciplinary
action for:
1. Illegal weapons possession;
2. Drug law violations; and
3. Liquor law violations.
It’s important to remember that you are to disclose violations
of the law resulting in arrests or persons being referred for
disciplinary action. Do not include violations of your institution’s
policies that resulted in persons being referred for disciplinary action
if there was no violation of the law. For example, if a student of
legal drinking age in the state in which your institution is located
violates your institution’s “dry campus” policy and is referred for
disciplinary action, that statistic should not be included in your
institution’s crime statistics, because the referral was not the result of
a violation of the law.
Because state laws and local ordinances vary widely, you will
need to ascertain the specific laws and ordinances that apply to your
institution.
If an individual is both arrested and referred for disciplinary
action for an offense, count the arrest only. (Counting offenses,
arrests and the number of persons referred for disciplinary action will
be discussed in detail in Chapter 7.)
44
Chapter 3–Knowing What to Disclose
Arrest for Clery Act purposes is defined as persons processed
by arrest, citation or summons. Include:
• Those persons arrested and released without a formal
charge being placed against them. (An arrest has occurred
when a law enforcement officer detains an adult with the
intention of seeking charges against the individual for a
specific offense(s) and a record is made of the detention.)
• Juveniles taken into custody or arrested but merely warned
and released without being charged. A juvenile should be
counted as “arrested” when the circumstances are such
that if the individual were an adult, an arrest would have
been counted.
Do not count arrests of incidents in which:
- Police contact a juvenile who has committed no
offense; and
- Police take a juvenile into custody for his or her
own protection, but no crime was committed.
• Not only should “arrests” in the usual sense be included,
but also any situation where a young person, in lieu of
actual arrest, is summoned, cited or notified to appear
before the juvenile or youth court or similar official for a
violation of the law.
Include only violations by young persons where some police
or official action is taken beyond a mere interview, warning or
admonishment. Additionally, call backs or follow-up contacts with
young offenders by officers for the purpose of determining their
progress must not be counted as arrests.
Referred 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.
To satisfy this definition, it is not sufficient for a person
simply to be referred for disciplinary action. The official receiving
the referral must initiate a disciplinary action, and a record of that
action must be kept. It is not necessary that the referral originate
with the police, nor is it necessary that a sanction be imposed. Note
that if your institution calls this process “mediation” (or uses some
other term), as long as the process fits the above definition, it is
counted as referred for disciplinary action.
45
Chapter 3–Knowing What to Disclose
Example of Referral
Police respond to an incident at a noncampus, institution-owned sorority house where there are
underage students drinking at a party. The officers list all of the students in their report, which is
forwarded to the campus Judicial Affairs office. A Judicial Affairs official interviews the students
and finds that some of them had not been drinking. Those students are not charged. Judicial Affairs
initiates disciplinary action against the students who were drinking and keeps a record of the action.
Only the number of students involved in the disciplinary action is included in your Clery Act
statistics.
You are to count the number of arrests and the number of
persons referred for disciplinary action. For example, if a single
incident involving liquor law violation resulted in the arrest of 10
students, this counts as 10 arrests for Clery Act purposes.
1. Illegal Weapons Possession is defined as 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.
This classification encompasses weapons offenses that are
regulatory in nature. Include in this classification: manufacture,
sale, or possession of deadly weapons; carrying deadly weapons,
concealed or openly; using, manufacturing, etc., of silencers;
furnishing deadly weapons to minors; aliens possessing deadly
weapons; and attempts to commit any of the above.
Examples of Arrests for Illegal Weapons Possession
Scenario 1: A student is cited for having a firearm in his or her residence hall room in violation of
state law. This is classified as one arrest for Illegal Weapons Possession in the on-campus category
and in the on-campus student housing category.
Scenario 2: A faculty member is referred for disciplinary action for having a firearm in his or her
office in violation of school policy, but in a state without a law against possessing a firearm on
campus. Do not disclose this referral, because no violation of the law occurred.
46
Chapter 3–Knowing What to Disclose
2. Drug Law Violations. This is defined as 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
the unlawful 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—manufactured narcotics which can
cause true addiction (Demerol, methadone); and dangerous non-
narcotic drugs (barbiturates, Benzedrine).
Examples of Arrests for Drug Law Violations
Scenario 1: Three students are referred for disciplinary action for possessing marijuana in a
residence hall room. This is classified as three persons Referred for Disciplinary Action for Drug Law
Violations in the on-campus category and in the student housing on-campus category.
Scenario 2: Two non-students are arrested during an on-campus football game for possession of
cocaine. This is classified as two on-campus arrests for Drug Law Violations.
47
Chapter 3–Knowing What to Disclose
3. Liquor Law Violations. This is defined as 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. Include
in this classification: the manufacture, sale, transporting,
furnishing, possessing, etc., of intoxicating liquor; maintaining
unlawful drinking places; bootlegging; operating still; furnishing
liquor to a minor or intemperate person; underage possession; using
Drunkenness
a vehicle for illegal transportation of liquor; drinking on train or
public conveyance; and attempts to commit any of the above.
and driving
under the
influence are
not Liquor Law
Violations.
Examples of Arrests and Referrals for Liquor Law Violations
Scenario 1: Three underage students and a non-student are found in a residence hall room, and all
are drinking alcohol in violation of state law. The students are Referred for Disciplinary Action, while
the non-student is given a written citation. This is classified as three persons referred for Liquor Law
Violation disciplinary actions in both the on campus category and in the on campus student housing
category as well as a single arrest for Liquor Law Violation in the on-campus category and in the on-
campus student housing category.
Scenario 2: A party at an off-campus, university-owned fraternity house is busted, and 30 students
are both arrested and Referred for Disciplinary Action for state liquor law violations by campus
police. This is classified as 30 noncampus arrests for Liquor Law Violations.
Scenario 3: A 21-year-old student is Referred for Disciplinary Action for possessing a beer at an on-
campus fraternity house on a “dry” campus. Do not include this, because no violation of the law
occurred.
Scenario 4: A dozen students are cited for underage drinking by campus police at a popular off-
campus bar. Do not include these violations, as they occurred on private property off campus.
Remember, these offenses, arrests and
disciplinary referrals must be collected
and disclosed by location if they
occurred within the geographic
locations discussed in Chapter 2 (on
campus, in dormitories or other
residential facilities for students on
campus, in or on a noncampus
building or property, and on public
property).
48
Where Do You Get
CHAPTER 4
All of This Information?
Collecting Crime Data
y now it should be clear to you that you can’t do this alone.
B You need to identify all of those individuals from whom crime
reports should be collected.
The Clery Act mandates that institutions must disclose
statistics both for crimes reported to local police agencies and crimes
reported to campus security authorities. The intent of including non-
Identify
law enforcement personnel as campus security authorities is to
all of those
acknowledge that many individuals, and students in particular, are
hesitant about reporting crimes to the police, but may be more
individuals
inclined to report incidents to other campus-affiliated individuals. In
from whom
any case, you must identify campus security authorities, and you
crime reports
must inform them of their responsibility for Clery Act reporting. In
addition, you must identify local police agencies responsible for the
should be
jurisdiction where your institution is located and request statistics
collected.
from them. We’ll begin with campus security authorities.
The Clery Act regulations define a campus security
Campus security authority
authority as:
cite
34 CFR 668.46(a)
• A member of a campus police department or a campus
definitions
security department of an institution.
• Any individual or individuals who have responsibility for
campus security but who do not constitute a campus
police department or a campus security department (e.g.,
an individual who is responsible for monitoring the
entrance into institutional property).
• Any individual or organization specified in an institution’s
statement of campus security policy as an individual or
organization to which students and employees should
report criminal offenses.
• An official of an institution who has significant
responsibility for student and campus activities, including,
but not limited to, student housing, student discipline and
49
Chapter 4–Where Do You Get All of This Information?
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.
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
offices are campus security authorities for your institution, consider
the function of that individual or office. Your institution should
look for officials (i.e., not support staff) whose functions involve
relationships with students. If someone has significant responsibility
for student and campus activities, he or she is a campus security
authority.
For example, a dean of students who oversees student housing,
a student center or student extracurricular activities has significant
responsibility for student and campus activities. Similarly, a director
of athletics, a team coach and a faculty advisor to a student group
also have significant responsibility for these activities. Students
may, in some cases, be considered campus security authorities (e.g.,
resident advisors/assistants, students who monitor access to
dormitories).
Examples of individuals who would not meet the criteria for
being campus security authorities include a faculty member who
does not have any responsibility for student and campus activity
beyond the classroom, clerical staff and cafeteria staff. A physician
in a campus health center or a counselor in a counseling center
whose only responsibility is to provide care to students is unlikely to
have significant responsibility for student and campus activity.
The function of a campus security authority is to report to the
appropriate law enforcement personnel, either campus police or local
police, or to an official or office designated by the institution, those
allegations of Clery Act crimes that he or she concludes are made in
good faith. (See Chapter 3 for an explanation of “good faith.”) A
campus security authority is not responsible for determining
authoritatively whether a crime took place—that is the function of
law enforcement personnel.
For example, if a resident assistant who has been identified as
a campus security authority is told by a fellow student that she has
been raped and is seeking emotional and medical support, the
resident assistant should report this as a crime. It is reported
regardless of whether the victim chooses to file a report with law
enforcement or press charges.
50
Chapter 4–Where Do You Get All of This Information?
Certain individuals who have significant responsibility for
student and campus activities are exempted from disclosing
Campus security authority
exemptions cite
information:
34 CFR 668.46(a)
definitions
• Pastoral counselor. A person who is associated with a
religious order or denomination, is recognized by that
religious order or denomination as someone who provides
confidential counseling, and is functioning within the
scope of that recognition as a pastoral counselor.
• Professional counselor. A person whose official respon-
sibilities include providing mental health counseling to
members of the institution’s community and who is
functioning within the scope of his or her license or
certification. This definition applies even to professional
counselors who are not employees of the institution, but
are under contract to provide counseling at the institution.
To be exempt from disclosing reported offenses, pastoral or
professional counselors must be acting in the role of pastoral or
professional counselors. This means that a dean of students who has
a professional counselor’s license, but is employed by the institution
only as a dean and not as a counselor, is not exempt from reporting.
An individual who is not yet licensed or certified as a
counselor, but is acting in that role under the supervision of an
individual who meets the definition of a counselor, is considered to
be a counselor for the purposes of the Clery Act. An example would
be a Ph.D. counselor-trainee acting under the supervision of a
professional counselor at the institution.
Because campus security authorities play an important role in
Clery Act compliance, we recommend the following:
• Annually notify all appropriate individuals or offices in
writing that they are campus security authorities and
explain what is required of them. (See sample letter to
campus security authorities following this section.)
• Provide training so that campus security authorities can be
instructed what to do when a crime is reported to them.
Emphasize the importance of the campus security
authority’s role in providing crime reports on an
immediate basis to the individual or office responsible for
issuing timely warnings. (Crimes subject to timely
warnings are discussed in Chapter 5.)
51
Chapter 4–Where Do You Get All of This Information?
• Provide all campus security authorities with definitions of
Clery Act crimes and geographic locations, as well as an
explanation of the types of arrests and Referrals for
Disciplinary Action that apply to the Clery Act. Provide
them with Incident Report forms as well. Good record-
keeping can help minimize the chances of the double
reporting of crimes.
• Designate one individual or office to oversee campus
security authorities and to be responsible for canvassing
these individuals and offices and collecting and reviewing
crime reports for inclusion in the annual security report
and the Web-based report to ED. The obligation to collect
crime reports made to campus security authorities belongs
to the institution. That is, even if a campus security
authority does not forward a crime report to the
appropriate individual or office, the institution is
responsible for ensuring that the crime report is disclosed
in the annual security report and the Web-based report to
ED.
Sample Letter to Campus Security Authorities
Purpose: This memorandum is intended to notify Campus Security Authorities, as that term is used
in regulations implementing the Campus Security Act, of their obligation to report crimes for
inclusion within the Annual Security Report. This memorandum should be sent annually, on or about
the start of the fall semester, and immediately upon the appointment of any individual to a position as
a campus security authority (e.g., a copy of this memorandum should be sent to anyone appointed as
a faculty advisor to a student organization). A copy of the memo should be placed in each recipient’s
personnel file. Please complete the date before sending the memo. One copy of an Incident Report
form should be sent along with each memo.
Memorandum
To:
Distribution List (“Campus Security Authorities”)
From:
_________________,
President
Date:
Re:
Crime Reporting Requirements
Recent amendments to the Campus Security Act, a federal law that requires colleges and universities to
annually compile and publish crime statistics for their campuses and certain other areas, require that “campus
security authorities” report crime statistics for inclusion in the college’s Annual Security Report. If you are
listed below in the distribution list, then you are a “campus security authority” as that term has been defined by
the United States Department of Education. “Campus security authorities” include faculty advisors to student
organizations, athletic team coaches, members of the security department, the Dean of Student and Instructional
Support Services, the Dean of Financial and Administrative Services, the Dean of the Leonardtown Campus, the
Dean of the Prince Frederick Campus, the Director of Student Life, and the Coordinator of Intramural and
Intercollegiate Athletics.
(continued on next page)
52
Chapter 4–Where Do You Get All of This Information?
(continued from previous page)
Because of the law’s complex reporting requirements, the most reasonable and effective way to manage the
reporting is as follows. If you observe any crime listed below, or if any person reveals to you that he/she learned of
or were the victim of, perpetrator of, or witness to any crime listed below, immediately complete an Incident Report
form and, as indicated on the bottom of the form, send copies to the Dean of Financial and Administrative Services
and to the Facilities department. This applies to crimes on any of the four college campuses (LaPlata, Leonardtown,
Prince Frederick, and Waldorf), public property adjacent to each of those campuses and locations at which other
college activities are taking place. Please ensure that you complete all information on the form based on the
information you possess. Please do not investigate the crime or attempt to determine whether a crime, in fact, took
place. Simply make the report. Appropriate college personnel may later contact you or others to gather additional
information. A copy of the Incident Report form is enclosed with this Memorandum. Additional forms may be
obtained from the Central Supply Office (BI021, ext. 7741)
Crimes that should be reported are:
Murder and non-negligent manslaughter
Negligent
manslaughter
Forcible
sex
offenses
Non-forcible
sex
offenses
Robbery
Aggravated
assault
Burglary
Motor
vehicle
theft
Arson
All hate crimes involving bodily injury
All liquor, drug or weapons law violations resulting in an arrest
If you are in doubt as to whether a crime is reportable, please err on the side of reporting the matter. With
the exception of liquor, drug and weapons law violations, it is immaterial whether an arrest is made. For purposes of
your reporting, please assume that a hate crime is any crime manifesting evidence that the victim was selected
because of the victim’s actual or perceived race, religion, sexual orientation, gender, ethnicity/national origin, or
disability.
If you have any questions regarding reporting obligations, please contact (name deleted), Assistant to the
President/General Counsel, at extension 7643. Thank you for your assistance in fulfilling these federal requirements.
Enclosure (Incident Report form)
Distribution: (list names)
Can you identify your institution’s
campus security authorities?
Remember that they are identified
by their function (i.e., whether the
individual or office has significant
responsibility for student and
campus activities).
53
Chapter 4–Where Do You Get All of This Information?
Obtaining Statistics From Local Police Agencies
Local police statistics cite
34 CFR 668.46(c)(9)
The Clery Act requires that an institution make a reasonable,
good-faith effort to obtain the required statistics and may rely on the
information supplied by a local or state police agency. If the
institution makes such a reasonable, good-faith effort, it is not
responsible for the failure of the local or state police agency to
supply the required statistics.
The Clery Act does not require local police agencies to
provide crime statistics to institutions. This is the reason for the
good-faith effort on behalf of institutions to obtain the statistics. The
phrase “may rely on” means that an institution is not required to
verify the accuracy of the statistics that are provided.
The Clery Act requires the use of UCR definitions when
disclosing crimes, but not all police agencies use these definitions. If
you are provided with statistics that are not classified according to
UCR definitions, we recommend that the statistics be converted to
UCR classifications, or that you include the statistics with an
explanation that UCR classifications were not used for crimes
reported to local police.
In some situations, local police cannot provide a breakdown of
statistics specific to Clery Act geographic areas. For example, the
police may provide your institution with statistics for the entire city
or they may include statistics for private residences and businesses.
In cases such as these, we suggest that you omit the local police
statistics but provide a statement explaining that local police could
not provide a statistical breakdown appropriate for Clery Act
reporting.
If the local police do not comply with your request to provide
you with statistics, document this. Be sure to retain any written
correspondence to and from the police agencies.
How do you obtain statistics from local police? The Clery
Act requires you to make a good-faith effort to obtain statistics from
the local police department, but does not specify how to go about
doing this. For those individuals who are not experienced in these
matters, the following are suggestions to help you obtain the required
information:
1. Determine the correct local police authorities for your
institution’s jurisdiction. It’s vital that you request
statistics from every agency in your institution’s
jurisdiction. If you are unsure where to begin, call your
local area information number (generally 411), and give
your institution’s address to the operator. He or she can
give you the telephone number of the local police who
respond to calls for your location.
54
Chapter 4–Where Do You Get All of This Information?
Call that agency, and ask to speak with a supervisor or
administrator. Ask that individual what other law
enforcement agencies have concurrent jurisdiction in the
area where your institution is located. Be sure to include
state law enforcement agencies. You will need to provide
addresses of any noncampus buildings or property as well.
For each agency you then contact, inquire about their
authority. Some agencies in your jurisdiction may only
provide court security, administer the jail, transport
prisoners, serve papers, etc.
2. Determine who to contact at each applicable agency. A
supervisor or public affairs office is always a good place
to start. They should be able to direct you to the
appropriate person.
3. Determine when to contact. Early in the year is best
because the agencies will need time to collect the
information.
4. Document that you have made a good-faith effort to
obtain the statistics. We suggest that you write a letter
annually (on your institution’s official letterhead, if
possible) describing all of the following:
a. What you need. You need the required statistics by
Clery Act geographic locations including hate crimes
by category of prejudice for the calendar year for
which you are compiling the statistics. Be very
specific about what constitutes public property for
Clery Act reporting purposes.
b. Why you need it. The information is required by the
Clery Act for disclosure in the annual security report
and the report to ED.
c. The format in which you need it provided—in
writing (either paper or electronic version). Ask for
crimes to be provided using UCR classifications. If
UCR classifications are not used, ask what
classifications were used (e.g., state crime
classifications).
d. When you need it. You must request statistics from
the local and state police at least annually. Give the
police a deadline for providing the statistics to ensure
inclusion in your statistical disclosures.
e. Where it should be sent. Provide your institution’s
mailing or e-mail address.
f. To whom it should be sent. Provide the name and
title of the person who is responsible for collecting
these data.
55
Chapter 4–Where Do You Get All of This Information?
If you make a phone call asking for this information, we
suggest that you follow up with a letter for the purpose of
documentation. Keep a copy of the letter requesting the required
Clery Act statistics from the police agency. Also document any
response from the police agency.
If your institution has a branch campus in a foreign country,
the institution is required to make a good-faith effort to obtain
statistics from the local police authorities. Again, carefully document
your request and any response.
56
Chapter 4–Where Do You Get All of This Information?
Sample Request for Statistics from Local Police
[Date]
[Commanding Officer of Local Police Agency]
[Name and address of Local Police Agency]
Dear [__________]:
I would like to request crime statistics for the locations described below for the 2004 calendar year. Pursuant to
the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”),
the [name of campus] is required to annually compile and publish crime statistics. This annual report must
include statistics of specified crimes reported to local police agencies that occurred on or near campus and on
University controlled or affiliated property. The criminal offenses that the campus is required to report are the
following offenses as defined by the FBI Uniform Crime Report (sex offenses are defined using the UCR-
National Incident-Based Reporting System): murder/non-negligent manslaughter; negligent manslaughter;
forcible sex offenses; nonforcible sex offenses; robbery; aggravated assault; burglary; motor vehicle theft; and
arson. In addition, I need statistics concerning any of the above crimes that manifest evidence of a hate crime, in
addition to other crimes that involve bodily injury that also manifest evidence of a hate crime. Hate crimes are
those crimes that manifest evidence that the victim was intentionally selected because of the victim’s race,
gender, religion, sexual orientation, ethnicity/national origin or disability.
[Name of school] is also required to request statistics for arrests for these categories only: liquor law violations,
drug law violations, and illegal weapons possession. Please provide these statistics for each category
separately.
Pursuant to the Clery Act, the campus is required to report these crimes separately for a number of geographic
locations. These locations include the main campus, on-campus student residential facilities, off campus
buildings or property that is owned or controlled by the University, or a recognized student organization such as
a fraternity, and public property immediately adjacent to the main campus.
Therefore, I respectfully request the required statistics for the following locations:
• [main campus]
• [addresses of off campus property owned or controlled by an officially recognized student organization]
• [other off campus property owned or controlled by the University and used in relation to the University’s
educational purposes, is frequently used by students, and is not within the same reasonably contiguous
geographic area of the institution; e.g., property leased or owned by the University in the community
surrounding the campus]
• [public property within or immediately adjacent to and accessible from the campus]
I have enclosed a “Crime Statistic Report Form” and “Sexual Offense Statistic Report Form” that are provided
to campus officials required to comply with the same statistical reporting obligations we are requesting of you. I
hope these forms further clarify the information that I am requesting of you.
I very much appreciate your cooperation in assisting us in complying with this federal law. If you have any
questions or wish to further discuss this request, please contact me at [phone number].
Sincerely,
[Chief of Campus Police Department]
57
This page intentionally left blank.
58
Section 3:
Ongoing Disclosure
Requirements
here are two distinct, ongoing Clery Act requirements discussed in this
T section of the handbook. Each is intended to keep the campus
community, and any other interested individuals, apprised of crime on an
everyday basis.
Chapter 5 discusses the timely warning component of Clery Act
compliance. Chapter 6 provides instructions for keeping a daily crime log.
This page intentionally left blank.
Alerting Your Campus
CHAPTER 5
to Threats: The Timely
Warning
ll of us want to be alerted to potentially dangerous situations
A near our homes or workplaces so that we can take appropriate
Timely warning cite
34 CFR 668.46(e)
precautions. Apply this to a college campus, and you have the
concept of the “timely warning.” In order to keep the campus
community informed about safety and security issues on an ongoing
basis, an institution must alert the campus community of certain
crimes in a manner that is timely and will aid in the prevention of
similar crimes. These crimes must include all Clery Act crimes
(remember Chapter 3?) that are:
• Reported to campus security authorities or local police
agencies; and
• Are considered by the institution to represent a serious or
continuing threat to students and employees.
In addition to making timely warnings, an institution is
All Title IV
required to have a timely warning policy (more about this in Chapter
institutions
8). All Title IV institutions are subject to the timely warning
regulation. There are no exceptions.
are subject to
the timely
Timely warnings can be issued for threats to property, as well
as for threats to persons. It is irrelevant whether the victims or
warning
perpetrators are members of the campus community. The Clery Act
regulation.
mandates timely warnings only for Clery Act crimes, but nothing in
the Clery Act prohibits timely warnings for other crimes that may
There are no
pose a serious or continuing threat to the campus community (e.g.,
exceptions.
kidnapping). While there is no requirement to do so, we recommend
that your institution request that local police keep the institution
informed on an immediate basis of crimes that may require timely
warnings. This request may be made as part of your annual letter to
police requesting crime statistics.
By now you are probably asking, “What do you mean by
‘timely’?” and “How do you expect me to alert everyone?” Neither
the Clery Act nor ED define “timely.” The warning should be issued
as soon as the pertinent information is available because the intent of
a timely warning is to alert the campus community of continuing
61
Chapter 5–Alerting Your Campus to Threats
threats especially concerning safety, thereby enabling community
members to protect themselves.
Although the format for the warning has not been mandated,
the notice must be timely and reasonably likely to reach the entire
campus community and aid in the prevention of similar crimes.
Therefore, timely warnings must be issued in a manner that gets the
word out quickly communitywide. They may be e-mailed, posted
around campus, or otherwise distributed according to your
institution’s policy. A combination of dissemination methods may
be used. Timely warnings may not be issued in a manner or posted
in a location that requires the campus community to make requests
for them or to search for them. The responsibility for the warning
rests solely with the institution.
Information to Be Included in the Warning
Clery Act regulations do not specify what information should
be included in a timely warning. However, because the intent of the
warning is to enable members of the campus community to protect
themselves, the warning should include all information that would
promote safety. Your institution’s policy regarding timely warnings
should specify what types of information will be included.
Making the Decision to Issue A Timely Warning
The issuing of a timely warning must be decided on a case-by-
case basis in light of all the facts surrounding a crime, including
factors such as the nature of the crime, the continuing danger to the
campus community and the possible risk of compromising law
enforcement efforts. We recommend that the institution meets
beforehand with its security personnel and with local and state law
enforcement authorities to discuss what is reasonable in terms of the
timely reporting of crimes. Your institution’s policy on timely
warnings should specify who or which office is responsible for
issuing the warnings.
Crimes Exempt From the Timely Warning Requirement
34 CFR 668.46(a)
An institution is not required to provide a timely warning for
34 CFR 668.46(e)(2)
crimes reported to a pastoral or professional counselor. (See Chapter
4 for definitions of pastoral and professional counselors.) There are
no other exemptions.
62
Chapter 5–Alerting Your Campus to Threats
The Family Educational Rights and Privacy Act (FERPA)
and the Timely Warning Requirement
The Clery Act does not require confidential reporting of
crimes. Although personally identifiable information is generally
precluded from disclosure, this information may be released in an
emergency situation. ED’s May 1996 Dear Colleague Letter on
Campus Security Issues reads in part:
34CFR. 99.31(b)(6) and
FERPA does not preclude an institution’s compliance with the
99.36
timely warning provision of the campus security regulations.
FERPA recognizes that information can, in case of an
emergency, be released without consent when needed to
protect the health and safety of others. In addition, if
20 USC 1232g(b)(6)
institutions utilize information from the records of a campus
law enforcement unit to issue a timely warning, FERPA is not
implicated as those records are not protected by FERPA.
It is imperative that your institution’s
written policy describing timely
warning procedures accurately reflects
the timely warning report system
currently utilized by your institution.
63
Chapter 5–Alerting Your Campus to Threats
Sample Timely Warnings
UWPD CAUTIONS STUDENTS ABOUT DATE RAPE DRUGS
April 11, 2002
by (name deleted), chief, UW Police Department
The University of Wyoming Police Department received reports of two possible sexual assaults over
the weekend of April 5. The circumstances of these assaults suggest the involvement of date rape
drugs.
In both cases, the victims reported symptoms consistent with the use of these substances: a rapid
onset of intoxication out of proportion to what they may have had to drink, and reported memory loss.
In one case the victim declined to pursue a criminal investigation, and the UW Police Department is
actively investigating the other.
The phenomenon of drugs being used to facilitate sexual assault has been widely reported across the
country. Although no confirmed cases have previously been reported on-campus, the UW Police
Department urges the Laramie community to be alert to the possibility and take steps to protect
themselves. Date rape drugs, commonly Rohypnol, GHB, and Ketamine, can be slipped into an
unsuspecting person's drink. Rapid and severe intoxication follows, along with dramatically reduced
inhibitions and memory loss. In this condition, anyone can be extremely vulnerable to sexual assault.
To protect yourself, do not leave drinks unattended and be wary of accepting drinks from people you
do not know well. To be even more careful, make sure that you open and pour your own drink, and
don't share drinks with others. It is also wise to use the buddy system while socializing - when you go
out with friends, agree to keep an eye on one another and to go home together. If a friend starts to
exhibit symptoms of date rape drug ingestion, seek medical help immediately. Signs to look for
include: dizziness and/or nausea, memory loss, breathing or motion difficulties, and acting
disproportionately intoxicated relative to the amount of alcohol consumed.
The UW Police Department urges anyone who believes they or a friend have been the victim of a date
rape drug to immediately contact their local law enforcement agency. On-campus, the UWPD can be
reached at 766-5179. Victims of any form of sexual assault are encouraged to seek confidential
support at the University Counseling Center, 340 Knight Hall, 766-2187.
64
Chapter 5–Alerting Your Campus to Threats
JMU Case 2004-000668
TIMELY NOTIFICATION BULLETIN
Possible Threat to the Community
"Your Right to Know"
January 26, 2004
In compliance with the "Timely Notice" provisions of the federal Jeanne Clery Disclosure of Campus
Security Policy and Campus Crime Statistics Act of 1998 the University Police are giving notice of a
disturbing act of violence reported to have occurred near the Tri-Sigma Sorority House, Greek Row/”Tree
House” Residences, on the campus of James Madison University.
REPORTED OFFENSE: Reported Assault & Battery, constituting a Forcible Sexual Offense, was
reported to have occurred on the university’s residential area known as Greek Row at
approximately 12:45a.m., early Saturday morning January 24, 2004. This location is on the campus
of James Madison University just to the south of the Newman Drive railroad track crossing and the
university’s power (steam) plant.
SUSPECTS: Both described as “college” age males; race unreported; the first attacker of
“average” build, approximately 5’10” in height, about 140 lbs.; wearing a black hooded garment
and blue jeans; the second attacker shorter than the first, of “medium” build; wearing a grey
hooded garment and blue jeans.
The complainant reported that she was returning to her residence hall very early Saturday
morning, unaccompanied. As she walked south along Greek Row she stated that two male subjects
approached from behind and threw her to the ground. They then attempted to remove her clothing.
Both subjects fled on foot after the victim screamed.
It can be assumed that conditions continue to exist that may pose a threat to members and guests of the
community. It is the duty of the institution to warn of possible "dangerous conditions" on or near its
campus, and at affiliate organizations off campus; an "affirmative duty" exists to warn persons associated
with this university of possible peril at the hands of some third party or parties. Consider carefully
whether your presence at or near this complex while unaccompanied could place you in danger.
Please forward this notice to your colleagues and post it on appropriate bulletin boards in your area. If
you have any information that might be helpful in this investigation, contact the University Police by
telephone at (540)568-6911; in person at Shenandoah Hall, Patterson and South Main; or, if you wish,
anonymously through “Silent Witness,” at http://www.jmu.edu/pubsafety/silent.htm
65
This page intentionally left blank.
66
Writing It All Down:
CHAPTER 6
The Daily Crime Log
oes your institution have a police department or security office
D (of any size) as described in Chapter 2 of this handbook? If
you can answer “no” to this question, you may skip this chapter.
Otherwise, read on.
Any institution that has a campus police department or
security office, regardless of size, must create, maintain and make
Crime Log cite
available a daily crime log. This means that even if your institution
34 CFR 668.46(f)
has one police officer, the institution must comply with this
regulation. The crime log differs from other Clery Act disclosure
requirements in some important ways:
• A crime is entered into the log when it is reported to the
campus police or security department. That is, if a crime
is initially reported to a campus security authority other
than the campus police or security department, it is not
recorded in the crime log unless it is subsequently brought
to the attention of the campus police or security
department.
• Crime log entries include all crimes reported to the
campus police or security department, not just Clery Act
crimes.
• There is an additional geographic location that applies
exclusively to the crime log. In addition to recording
reported crimes that occurred on campus, in or on
noncampus buildings or property, or on public property
within the campus or immediately adjacent to and
accessible from the campus, reports of crimes that
occurred within the patrol jurisdiction of the campus
police or security department are also entered into the
crime log.
Many institutions are also required by state law to maintain a
log. If your institution maintains such a log, you may use that same
log providing it meets all Clery Act requirements.
67
Chapter 6–Writing It All Down
The daily crime log is not a general, catch-all incident log. Its
purpose is for recording alleged criminal incidents that are reported
to the campus police or security department. For example, if a
student reports losing his or her wallet in the parking lot behind a
dorm, it is not a criminal incident, and there is no requirement to
record it in the log. However, if a student reports that his or her
wallet was stolen from the student’s dorm room, this is a criminal
incident and your institution is required to record it in the log.
Specific traffic violations to include, should they be reported, are
driving under the influence (DUI), driving while intoxicated (DWI),
hit-and-run (of a person), and vehicular manslaughter. Violations
not considered to be “crimes” (i.e., citations for moving violations)
are not required to be recorded.
Creating Your Log
As with all aspects of Clery Act compliance, documentation is
vital. Begin by clearly identifying your log as a Daily Crime Log.
One method of formatting a crime log is shown in the following
example.
Sample Daily Crime Log
Daily Crime Log
Calendar Year 2003
Nature
Date/Time
Date/Time
General
Case Number
Disposition
(classification)
Reported
Occurred
Location
Larceny
2003-0003
01/20/03 1505hrs
01/10/03 0800hrs
Main Building
Closed 05/24/03
Vandalism
2003-00010
01/27/03 1231hrs
01/17 - 01/22/03
Cromer Bergman
Closed 05/24/03
Phone Calls/Profane
2003-00035
04/12/03 1937hrs
04/12/03 1930hrs
Tinker Dorm
Open
Liquor Law Violation
2003-0040
04/23/03 0300hrs
04/23/03 0300hrs
Dana/Moody Lot
Judicial Referral
Maintaining Your Log
The sample log above is meant to be illustrative, not
prescriptive. The law requires that logs be easily understandable and
include specific categories of information. The example includes a
column for case numbers, which is not required by law, but which
aids in recording and tracking a crime report. You may include other
data elements or columns in your crime log in keeping with state
crime log requirements or internal campus security record-keeping
procedures, but such additional information is not required by the
Clery Act.
68
Chapter 6–Writing It All Down
Required Information
The Nature of the Crime
The nature of the crime refers to a description of the reported
criminal incident. This can be a brief description such as “simple
assault,” or a more detailed description such as “simple assault—
non-student victim involved in domestic encounter with student
offender.”
Use an easy-to-understand text definition as opposed to using
a code, “agency assist,” or initials for the crime. It is acceptable to
use state crime classifications (i.e., non-UCR classifications) for the
crime log.
The Date the Crime was Reported and
The Date and Time It Occurred
Remember, a crime is entered into the log by the date it was
reported to the campus police or security department, regardless of
how much time has passed since the crime was committed.
However, you must include the date and time the crime occurred in
the log. If the exact date and time of the crime are not known, a
range can be used.
The General Location of the Crime
You must provide the general location of the crime. Use a
description that will mean something to the campus community, such
as a dorm name. Do not enter the location as “in a dormitory.” You
may also use landmarks in describing a location.
The Disposition of the Complaint, If Known
Include the current status of each complaint in the log, if
known. For example, “pending,” “judicial referral,” “judicial
affairs,” or “criminal arrest.”
An entry, an addition to an entry, or a change in the
disposition of a complaint, must be recorded within two business
days of the reporting of the information to the campus police or the
campus security department. A business day is Monday through
Friday, except for days when the institution is closed. The only
exceptions to this rule are:
1. If the disclosure is prohibited by law; or
69
Chapter 6–Writing It All Down
2. If the disclosure would jeopardize the confidentiality of
the victim.
a. If your institution is required to maintain a state crime
log that requires the victims’ names to be listed, and
that same log serves as your Clery Act crime log,
names of crime victims must be redacted for public
inspection. That is, the federal Clery Act regulations
requiring that a disclosure may not jeopardize the
confidentiality of the victim takes precedence over
state crime log laws.
Note that your institution is not required to update the
disposition of a crime log entry after 60 days have passed. This
means 60 days after the entry was made in the log—not 60 days after
the crime occurred.
An institution may temporarily withhold information in some
cases. There must be clear and convincing evidence that the release
of information would:
• Jeopardize an ongoing investigation;
• Jeopardize the safety of an individual;
• Cause a suspect to flee or evade detection; or
• Result in the destruction of evidence.
Your institution may withhold only that information that could
cause an adverse effect, but you must disclose such information once
the adverse effect is no longer likely to occur. This means that if it is
determined that information you would normally include in the crime
log would cause a harmful effect, you may withhold that information
temporarily until the information is no longer likely to prove
harmful. The individual making the judgment to withhold
information should document the reason for doing so.
If a reported crime is investigated by law enforcement
personnel, and they determine that a crime did not occur, the log
should indicate that the disposition of the crime is “unfounded.” The
report of the crime would not be included in your institution’s Clery
Act statistical disclosures.
Only sworn or commissioned law enforcement authorities that
investigate the crime can make a determination that it is unfounded.
A crime cannot be determined to be unfounded by a campus security
authority other than a law enforcement authority. (See Chapter 7 for
a more detailed discussion of unfounded crimes.)
70
Chapter 6–Writing It All Down
Making Your Log Available
Your institution may use either a hard copy log or an
electronic format. Either format must be accessible on-site. That
means, if you have separate campuses, the log must be available at
each campus. The crime log for the most recent 60-day period must
be open to public inspection, upon request, during normal business
hours. Anyone may ask to see the log, whether or not they are
associated with your institution. This includes the media. Any
portion of the log that is older than 60 days must be made available
within two business days of a request for public inspection. Your
institution should provide students and employees with a description
of the log, noting its location and availability. Crime logs must be
kept for three years following the publication of the last annual
security report to which they apply (in effect, seven years). See
Chapter 10 for more information regarding records retention.
The crime log itself is not submitted to ED, although you may
be required to produce it during an audit or review. However,
information from the crime log should be used, along with additional
information, to gather the statistics that are required for inclusion in
the annual security report and the annual report to ED (i.e., Clery Act
crimes occurring in the geographic locations described in Chapter 2
of the handbook).
Remember that criminal incidents
reported to the campus police or
security department must be entered
into the log even if they are reported
well past the time they occurred.
71
This page intentionally left blank.
72
Section 4:
Annual Disclosure
Requirements
here are two major Clery Act requirements with which all institutions
T must comply on an annual basis—the annual security report and the
Web-based data collection. We’ll begin with the annual security report, and
finish with a walk-through of Web-based data collection.
As stated in Chapter 2, the Clery Act mandates that all Title IV
institutions, without exception, prepare, publish and distribute an annual
security report. This report consists of two basic parts: 1) disclosure of your
institution’s crime statistics for the past three years; and 2) disclosures
regarding your institution’s current campus security policies. Because of the
complexity of the task, we’ve divided the information you need into several
chapters. Chapter 7 provides guidelines for how to count crimes for the
statistical portion of the report. Chapters 8 and 9 address the required policy
statements, and Chapter 10 explains how to disseminate the report.
In addition, all Title IV institutions must complete a Web-based data
collection each year. The data for this collection are taken from the
statistical portion of your institution’s annual security report. Chapter 11
guides you through the Web survey step-by-step and also provides you with
help desk contact information.
This page intentionally left blank.
Adding It All Up:
CHAPTER 7
How to Count
Clery Act Crimes
t’s important to understand how and when to count crimes, both
I to avoid double counting and to disclose data comparable to all
Recording crimes cite
34 CFR 668.46(c)(2)
other reporting institutions. All crimes are disclosed by the
calendar year (Jan. 1 – Dec. 31) in which they were reported,
regardless of the year in which they occurred. For example, if a
crime that occurred in 2003 was not reported until 2004, you must
include it with your 2004 disclosures.
How Do You Count Crimes?
Counting Offenses
• Criminal Homicide—count one offense per victim.
-
Disclose the number of murders and non-negligent
manslaughters and the number of negligent
manslaughters separately.
• Sex Offenses—count one offense per victim.
-
Disclose the number of forcible sex offenses and
the number of non-forcible sex offenses separately.
You have the option of providing a breakdown of
offenses for each of these categories; however, this
is not required. For example, you may separate
forcible sex offenses as follows: Forcible Rape,
Forcible Sodomy, Sexual Assault With an Object
and Forcible Fondling.
• Robbery—count one offense per each distinct operation
(i.e., incident).
• Aggravated Assault—count one offense per victim.
• Burglary—count one offense per each distinct operation.
75
Chapter 7–Adding It All Up
• Motor Vehicle Theft—count one offense per each stolen
vehicle.
• Arson—count one offense per each distinct operation.
• Any of the above offenses that are classified as Hate
Crimes are counted in a similar manner. For Hate Crimes
involving bodily injury, count one offense per victim.
Arrests include persons processed by arrest, citation or
summons. (See Chapter 3 for a detailed discussion of arrests.)
Counting Arrests for Illegal Weapons Possession, Drug
Law Violations or Liquor Law Violations
• Count the number of arrests for illegal weapons
possession, the number of arrests for drug law violations
and the number of arrests for liquor law violations.
Disclose these numbers separately.
• If the same person is arrested for multiple incidents in the
same calendar year (e.g., one arrest in February and one
arrest in March), count this as two arrests. It is counted as
two arrests even when both arrests are for the same
violation (e.g., both were drug law violations).
• If an individual is arrested for one type of law violation
and referred for disciplinary action for a different type of
law violation during a single incident (e.g., arrested for a
drug law violation and referred for a liquor law violation)
count only the arrest.
• If a person is both arrested and referred for disciplinary
action for a single incident involving a law violation (e.g.,
a drug law violation), count only the arrest.
• If a person is arrested for multiple violations during a
single incident (e.g., violations of both drug and liquor
laws), law enforcement discretion should determine which
violation should be counted. We recommend that you
document the justification for this determination.
-
Officer discretion is allowed only for illegal
weapons possession and drug and liquor law
violation arrests and referrals that occur during the
same incident.
• Do not combine statistics for arrests and persons referred
for disciplinary action. They are disclosed separately.
76
Chapter 7–Adding It All Up
Counting Referrals for Disciplinary Action for Illegal
Weapons Possession, Drug Law Violations and Liquor Law
Violations
Referrals include any persons referred to any official who
initiates a disciplinary action of which a record is kept and which
may result in the imposition of a sanction. (See Chapter 3 for a
discussion of referrals for disciplinary action.)
• Count the number of persons who were referred for illegal
weapons possession, the number referred for violations of
drug laws, and the number referred for violations of liquor
laws. Disclose these numbers separately.
• Do not count the number of persons who were referred for
disciplinary action solely for violation of institutional
policy. Only count the number of persons referred for
violations of the law.
• If a person is referred for disciplinary action for multiple
incidents in the same calendar year (e.g., one referral in
February and one referral in March), count this as two
persons referred for disciplinary action. It is counted as
two persons even if both referrals are for the same type of
violation (e.g., both were drug law violations).
• If an individual is arrested for one type of law violation
and referred for disciplinary action for a different type of
law violation during a single incident (e.g., arrested for a
drug law violation and referred for a liquor law violation)
count only the arrest.
• If a person is referred for disciplinary action for multiple
violations during a single incident (e.g., violations of drug
and liquor laws), law enforcement should use discretion to
determine which violation referral should be counted. We
recommend that you document justification for this
determination.
-
Officer discretion is allowed only for illegal
weapons possession and drug and liquor law
violation arrests and referrals resulting from a
single incident.
• Do not combine statistics for arrests and persons referred
for disciplinary action. They are disclosed separately.
77
Chapter 7–Adding It All Up
Beyond the Basics—Additional Rules and
Information
The Hierarchy Rule
FBI hierarchy rule cite
34 CFR 668.46(c)(7)
When counting multiple offenses, you must use the FBI’s
UCR Hierarchy Rule. This requires you to count only the most
serious offense when more than one offense was committed during a
single incident. A single incident means that the offenses must be
committed at the same time and place. That is, the time interval
between the offenses and the distance between the locations where
they occurred were insignificant. Beginning with the most serious
offense, the following list shows the hierarchy you must use for
Clery Act reporting:
• Murder and Non-Negligent Manslaughter
• Negligent Manslaughter
• Forcible Sex Offenses
• Non-Forcible Sex Offenses
• Robbery
• Aggravated Assault
• Burglary
• Motor Vehicle Theft
• Arrests
• Referrals for Disciplinary Action
Although arrests and referrals are technically not part of the
hierarchy, they are shown here to illustrate their place in counting
crimes. For example, if a student is arrested for Aggravated Assault
and Illegal Weapons Possession, disclose only the Aggravated
Assault.
Also, based on the hierarchy rule, if a student is both forcibly
raped and robbed during a single incident, disclose only the Forcible
Sex Offense, because it is classified as the more serious crime in the
hierarchy.
There are exceptions to applying the hierarchy rule when
counting offenses. These apply to Arson and Hate Crimes.
78
Chapter 7–Adding It All Up
Arson
• Arson is always counted as an offense regardless of the
nature of any other offenses that were committed during
the same incident.
• When multiple offenses are committed during the same
distinct operation as the Arson offense, the most serious is
reported along with the Arson.
• Incidents in which persons are killed as a direct result of
arson are classified as both Murder and Non-Negligent
Manslaughter or Negligent Manslaughter, and Arson.
Hate crimes
• All of the offenses committed in a multiple offense
incident that are bias-motivated should be disclosed.
• In a multiple-offense incident, only the crimes that are
bias-motivated should be classified as hate crimes.
Attempted crimes
Do not differentiate between attempted and completed crimes.
For example, an incident involving an attempted forcible rape is
counted as a forcible sex offense. The only exception to this rule
applies to attempts or assaults to murder wherein the victim does not
die. These incidents should be classified as aggravated assaults
rather than murders.
Status of the Victim and Perpetrator
The status of the victim and the perpetrator is irrelevant. All
Clery Act crimes are counted, even if they involve individuals not
associated with the institution.
No Personal Identification
Personally identifiable
Disclosure of the number of reported crimes may not include
information prohibition cite
the identification of the victim or the person accused of committing
34 CFR 668.46(c)(5)
the crime. The Clery Act does not require crimes to be reported
anonymously. It prohibits personally identifiable information from
being included in the institution’s disclosure of crime statistics.
Crime reports made to campus security authorities may include
personally identifiable information to aid in crime investigation.
However, this information is omitted from the annual security report
and the Web-based data collection.
79
Chapter 7–Adding It All Up
Note that, while unlikely, it is possible that a statistic may
potentially identify an individual. This could occur, for example, if
your institution has only one disabled individual in its campus
community and you report an on-campus hate crime categorized by a
disability bias. For this reason, we recommend that schools add a
caveat to the entire statistical disclosure section stating that reported
crimes may involve individuals not associated with the institution.
Excluded Crimes
There are some crimes that are not included in your
institution’s statistical disclosures. They are:
• Any crime not required to be included by the Clery
Act. Required crimes are discussed in Chapter 3.
• Unfounded crimes. If a reported crime is investigated by
law enforcement authorities and found to be false or
baseless, the crime is considered “unfounded” and is not
included in your institution’s statistics. Only sworn or
commissioned law enforcement personnel may “unfound”
a crime. Note that the recovery of stolen property, the low
value of stolen property, the refusal of the victim to
cooperate with the prosecution or the failure to make an
arrest does not “unfound” a legitimate offense. Also, the
findings of a coroner, court, jury or prosecutor do not
“unfound” offenses or attempts that law enforcement
investigations establish to be legitimate. If a crime is
reported and is later “unfounded” in a subsequent year,
your statistics should reflect this change. Use a caveat to
note that the change in a prior year’s statistics reflects the
“unfounding” of a crime.
• Crimes not committed in geographic locations
specified by the Clery Act. For example, while forcible
rape is a Clery Act crime, where it was committed is
important in determining if the crime must be disclosed in
the annual security report and the Web-based report to
ED. If a student reports being raped over spring break, the
rape must be disclosed if it occurred on campus, in or on a
noncampus building or property, or on public property as
defined by Clery Act regulations. If the rape did not occur
in one of these locations, it is not included in your Clery
Act statistics.
80
Chapter 7–Adding It All Up
Now that you know more about
defining, classifying and counting
crimes, you may be concerned that,
due to more accurate reporting,
your current crime statistics will
show a significant increase or
decrease from the prior year’s
numbers.
If this is the case, you may provide an
explanation to readers that the increase or
decrease from the last year may be due to your
institution’s better understanding of the
regulations regarding how crimes should be
classified and counted, and is not due to an
actual increase or decrease in reported crimes.
This explanation is optional and should only be
provided if your institution can support it with
documentation. You should not merely speculate
or assume the reason for a significant increase or
decrease in crime numbers.
After the Count—Presenting the Statistics
Clery Act regulations require you to include statistics for
reported crimes in your annual security report as follows:
• By the calendar year in which the crime was reported for
each of the three most recent years;
• By the type of crime, arrest or disciplinary referral; and
• By the geographic location in which the crime occurred.
General Crime Statistics
Present general (non-hate) crime statistics in a tabular format.
You may use a single table or multiple tables. Clear and consistent
labeling will make the information presented easier to read. You
may include caveats as necessary. For example, if your institution
housed students in an on-campus dormitory for the first time last
81
Chapter 7–Adding It All Up
year, it would be helpful to provide a caveat explaining why crime
statistics for the “dormitories or other residential facilities for
students on campus” category were included for only the most recent
year.
A sample template is shown below, and other formats are
included in Appendix F; however, there is no prescribed format for
how your table or tables should look.
Sample Crime Statistics Table
ON-
NON-
**RESIDENTIAL
PUBLIC
OPTIONAL
OFFENSE
YEAR
CAMPUS
CAMPUS
FACILITIES
PROPERTY
TOTAL
PROPERTY
PROPERTY
MURDER / NON-NEGLIGENT
MANSLAUGHTER
NEGLIGENT MANSLAUGHTER
SEX OFFENSES, FORCIBLE
SEX OFFENSES, NON-FORCIBLE
ROBBERY
The following is a checklist to help you prepare your annual
security report:
• Include statistics for the three most recent calendar years.
Enter statistics for each year separately. For example, for
your 2005 report, enter statistics separately for 2002, 2003
and 2004.
• Include categories for all required geographic locations
that pertain to your institution. All institutions must
include on-campus and public property locations. If your
institution has dormitories or other residential facilities for
students on campus or noncampus buildings or property,
you are required to include these locations as well. If your
institution does not have dormitories or other residential
facilities for students on campus or any noncampus
buildings or property, remember to include a caveat
stating this.
82
Chapter 7–Adding It All Up
• Include all crime categories and list them separately.
Remember to separate statistics for Murder and Non-
Negligent Manslaughter and statistics for Negligent
Manslaughter. Also separate statistics for Forcible Sex
Offenses and statistics for Non-Forcible Sex Offenses.
• Although it is not required, you may provide a more
detailed breakout of sex offenses. For example, Forcible
Sex Offenses may be subcategorized as Forcible Rape,
Forcible Sodomy, Sexual Assault With an Object and
Forcible Fondling.
• Including totals for crime categories (e.g., the total
robberies reported for all geographic locations for the
year) is optional.
• Enter statistics separately for arrests for illegal weapons
possession, arrests for drug law violations and arrests for
liquor law violations. Also enter statistics separately for
the number of persons referred for disciplinary action for
illegal weapons possession, the number referred for drug
law violations and the number referred for liquor law
violations.
• Remember to enter statistics for arrests and the number of
persons referred for disciplinary action by year and by
geographic location.
• Zero (0) is a statistic. Do not leave any cells blank even if
you have no crimes to disclose for a particular category.
Instead, enter a zero whenever you have no crime to
disclose in a particular cell.
• Include all crimes reported to campus police or security (if
applicable), other campus security authorities, and from
local police (if the local police have complied with your
request for statistics). You may enter these statistics
separately or in a combined manner. For example, one
option is to combine statistics for crimes reported to
campus police/security and other campus security
authorities in one column and enter the statistics from
local police in another column.
• There is no prescribed order for presenting your statistical
disclosures and your policy statement disclosures in the
annual security report.
83
Chapter 7–Adding It All Up
Hate Crime Statistics
Because institutions typically do not have many hate crimes to
report, or none at all, we recommend that you present hate crime data
in a narrative or descriptive format. Remember the following when
preparing your presentation:
• Report statistics for the three most recent calendar years.
• Report statistics by geographic location and by category of
prejudice.
• Hate crime categories include all Clery Act offenses as
well as any crime involving bodily injury.
• Arrests and referrals for disciplinary action for weapons,
drug or liquor law violations are not categorized as Hate
Crimes for Clery Act reporting purposes.
Examples of Hate Crime Reporting
1) Hate Crimes
2004:
One on-campus robbery characterized by religious bias.
2003:
One noncampus robbery characterized by ethnicity/national origin bias, and one public
property aggravated assault characterized by sexual orientation bias.
2002: No hate crimes reported.
2) Hate Crimes
There were no reported hate crimes for the years 2002, 2003 or 2004.
84
Not Just a Numbers
CHAPTER 8
Game: Disclosing
Information
About Policies,
Procedures and Programs
major requirement of your Clery Act compliance is disclosing
A policy statements in your annual security report. We have
Policy statement cite
divided the policy statement requirements into two chapters. This
34 CFR 668.46(b)(2)(i)–
chapter will focus on policies and practices regarding:
(b)(11)(vii)
• How students and others should report criminal actions or
other emergencies occurring on campus;
• Security of and access to campus facilities; and
• Campus law enforcement/security.
Chapter 9 will discuss policies regarding sex offenses and sex
offender registration information. Here are some general guide-lines
to keep in mind for all policy statements:
• Use language that will be understood by the general public
(i.e., avoid heavily legal language).
• If your institution does not have a policy or program
responding to one or more of the categories listed in the
regulations, you must disclose this fact. Remember that
your statements or descriptions of policies must accurately
reflect your institution’s current procedures and practices.
• Pay close attention to the requirements of each policy
statement. In general, the Clery Act does not prescribe
policies and procedures for schools to follow; however,
both the law and the regulations set minimum
requirements for specific information that must be
addressed in an institution’s annual security report.
85
Chapter 8–Not Just a Numbers Game
• If you are compiling security reports for more than one
campus, make sure your policy statements accurately
reflect the current policies and practices of each specific
campus.
The following section presents policy statements required by
the Clery Act. In many cases the statement is broken down into its
various components to emphasize the content that must be included.
Explanations of statements and components of statements are
introduced by “What does this mean?”. Each statement includes an
example provided by a postsecondary institution.
Note that these are samples, as opposed to templates. Your
institution’s policy statements must reflect your institution’s unique
security polices, procedures and practices.
There is no prescribed order in which your policy statements
should appear. You may also combine statements. For example, if
your institution has a combined alcohol and drug policy, you may
present it that way.
86
Chapter 8–Not Just a Numbers Game
Categories of Campus Security Policies
That Must Be Addressed in the
Annual Security Report
1. Provide a statement of current campus policies regarding
procedures for students and others to report criminal actions or
34 CFR 668.46(b)(2)
other emergencies occurring on campus. This statement must
include the institution’s policies concerning its response to these
reports, and must specifically address the following areas:
a. Policies for making timely warning reports to members of
34 CFR 668.46(b)(2)(i)
the campus community regarding the occurrence of Clery
Act crimes.
What does this mean?
As discussed in Chapter 5, your institution must have a policy
regarding its timely warning report system. We suggest that your
policy include: 1) the circumstances for which a warning will be
issued; 2) the individual or office responsible for issuing the
warning; and 3) the manner in which the warning will be
disseminated.
Sample Policy Statement Addressing Timely Warnings
Timely Warnings
In the event that a situation arises, either on or off campus, that, in the judgment of the Chief of
University Police, constitutes an ongoing or continuing threat, a campus wide “timely warning” will be
issued. The warning will be issued through the college e-mail system to students, faculty, staff and
the campus’ student newspaper, The Breeze.
Depending on the particular circumstances of the crime, especially in all situations that could pose an
immediate threat to the community and individuals, the Office of Public Safety may also post a notice
on the campus-wide electronic bulletin board on the University Police web site at:
http://www.jmu.edu/pubsafety/IncidentListings.shtml, providing the university community with more
immediate notification. In such instances, a copy of the notice is posted in each residence hall, at the
front door of each on-campus fraternity and sorority house, and in the Center for Off-Campus Living.
The electronic bulletin board is immediately accessible via computer by all faculty, staff and students.
Anyone with information warranting a timely warning should report the circumstances to the
University Police office, by phone (568-6911) or in person at the dispatch center within Public Safety,
Shenandoah Hall, the southwest corner of Patterson and South Main Streets.
87
Chapter 8–Not Just a Numbers Game
b. Policies for preparing the annual disclosure of crime
34 CFR 668.46(b)(2)(ii)
statistics.
What does this mean?
This refers to how the annual security report is prepared.
Include a brief description explaining who prepares the report, and
how and from what sources the crime statistics are collected.
Sample Policy Statement Addressing Preparation of
Disclosure of Crime Statistics
Policy For Reporting The Annual Disclosure of Crime Statistics
The University Police prepares this report to comply with the Jeanne Clery Disclosure of Campus
Security Policy and Crime Statistics Act. The full text of this report can be located on our web site at
www.police.sdsu.edu. You will also be able to connect to our site via the SDSU Home page at
www.sdsu.edu. This report is prepared in cooperation with the local law enforcement agencies
surrounding our main campus and alternate sites, Housing and Residential Services, the Judicial
Affairs Officer, the Division of Business Affairs, and the Division of Student Affairs. Each entity
provides updated information on their educational efforts and programs to comply with the Act.
Campus crime, arrest and referral statistics include those reported to the SDSU Police, designated
campus officials (including but not limited to directors, deans, department heads, designated HRLO
staff, judicial affairs, advisors to students/student organizations, athletic coaches), and local law
enforcement agencies. These statistics may also include crimes that have occurred in private
residences or businesses and is not required by law. California law (11160 of the California Penal
Code) requires prompt, mandatory reporting to the local law enforcement agency by health care
practitioners (such as those at Student Health Services) when they provide medical services to a
person they know or reasonably suspects is suffering from wounds inflicted by a firearm or is a result
of assaultive or abusive conduct. Department of Counseling and Psychological Services staff inform
their clients of the procedures to report crime to the University Police on a voluntary or confidential
basis, should they feel it is in the best interest of the client. A procedure is in place to anonymously
capture crime statistics disclosed confidentially during such a session.
Each year, an e-mail notification is made to all enrolled students that provides the web site to access
this report. Faulty and staff receive similar notification with their paycheck. Copies of the report may
also be obtained at the University Police Department Headquarters located at Student Services
Building Room #1410 or by calling (619) 594-1985. All prospective employees may obtain a copy
from Human Resources in Administration Room 326 or by calling (619) 594-6404, and the web site
address will be attached to SDSU employment applications. A partial version of this report is located
in the class schedule.
88
Chapter 8–Not Just a Numbers Game
c. A list of titles of each person or organization to whom
34 CFR 668.46(b)(2)(iii)
students and employees should report criminal offenses
described in the law for the purpose of making timely
warning reports and the annual statistical disclosure. This
statement must also disclose whether the institution has
any institutional policies or procedures that allow victims
or witnesses to report crimes on a voluntary, confidential
basis for inclusion in the annual security report.
What does this mean?
The first part of this statement asks you to disclose the titles of
each individual or organization your institution has designated for
students and employees to report Clery Act crimes. This need not be
a list of all your campus security authorities. While students and
employees may report crimes to any campus security authority, the
people and/or organizations you list in this policy statement are those
to whom your institution would prefer crimes to be reported.
Examples are the Campus Police Department and the dean of
students.
Sample Policy Statement Addressing the Reporting of Criminal Offenses
89
Chapter 8–Not Just a Numbers Game
The second part of the statement asks you to disclose whether
your institution has policies or procedures allowing voluntary,
confidential crime reporting. Some states do not allow this. If your
institution does not allow voluntary, confidential reporting, provide a
statement disclosing this.
Sample Policy Statement Addressing Voluntary Confidential Reporting
Confidential Reporting Procedures
If you are the victim of a crime and do not want to pursue action within the University System or the
criminal justice system, you may still want to consider making a confidential report. With your
permission, the Chief or a designee of UCIPD can file a report on the details of the incident without
revealing your identity. The purpose of a confidential report is to comply with your wish to keep the
matter confidential, while taking steps to ensure the future safety of yourself and others. With such
information, the University can keep an accurate records of the number of incidents involving
students, determine where there is a pattern of crime with regard to a particular location, method, or
assailant, and alert the campus community to potential danger. Reports filed in this manner are
counted and disclosed in the annual crimes statistics for the institution.
Sample Policy Statement Addressing
Limited Voluntary Confidential Reporting
CRIME REPORTING
The UNM Police Department encourages anyone who is the victim or witness to any crime to
promptly report the incident to the police. Because police reports are public records under state law,
the UNM Police Department cannot hold reports of crime in confidence. Confidential reports for
purposes of inclusion in the annual disclosure of crime statistics can generally be made to other UNM
campus security authorities, as identified below. Confidential reports of crime may also be made to
UNM Crime Stoppers at 277-STOP (277-7867).
90
Chapter 8–Not Just a Numbers Game
2. Provide a statement of current policies concerning:
34 CFR 668.46(b)(3)
security of, and access to, campus facilities, including:
a. Security of and access to campus facilities, including
campus residences; and
b. Security considerations used in the maintenance of
campus facilities.
What does this mean?
Part (a) of this statement requires you to address both the
security of, and access to, campus facilities, including campus
residences. If your institution does not have any campus residences,
your policy statement should note this. Address topics such as how
your institution keeps its facilities secure, and how individuals gain
or do not gain access to the facilities.
Part (b) of this statement requires you to address security
considerations in maintaining campus facilities. For example, your
institution may have someone who regularly checks to make sure
pathways are well lighted.
Sample Policy Statement Addressing Security and Access
Access Policy
During business hours, the College (excluding certain housing facilities) will be open to students, parents,
employees, contractors, guests, and invitees. During non business hours access to all College facilities is
by key, if issued, or by admittance via the Department of Campus Safety or Residence Life staff. In the
case of periods of extended closing, the College will admit only those with prior written approval to all
facilities.
Residence halls are secured 24 hours a day. Over extended breaks, the doors of all halls will be secured
around the clock, and will be equipped with a lock separate from the regular key issued to resident
students. Some facilities may have individual hours, which may vary at different times of the year.
Examples are the Physical Education Learning Center, the Library, and Decker College Center. In these
cases, the facilities will be secured according to schedules developed by the department responsible for
the facility.
Emergencies may necessitate changes or alterations to any posted schedules. Areas that are revealed
as problematic have security surveys conducted of them. Administrators from the Dean's Office, Physical
Plant, Residence Life, and other concerned areas review these results. These surveys examine security
issues such as landscaping, locks, alarms, lighting, and communications. Additionally, during the
academic year, the Directors of Facilities Management, Housing, Residence Life, Campus Safety, and
Maintenance meet bi-weekly to discuss issues of pressing concern.
91
Chapter 8–Not Just a Numbers Game
3. Provide a statement of current policies concerning
34 CFR 668.46(b)(4)(i)
campus law enforcement that:
a. Addresses the enforcement authority of security
personnel, including:
-
their working relationship with state and local
police agencies; and
-
whether those security personnel have the authority
to arrest individuals.
What does this mean?
This statement requires the institution to describe the
enforcement authority of all security personnel. Note that you must
specify their working relationship with both state police as well as
local police. Include also whether the security personnel can make
arrests. If only some of your security staff can make arrests, you
should state this. If your institution does not have any security
personnel, you must state this.
Sample Policy Statement Addressing Campus Law Enforcement
(For Institutions Whose Police Have Arrest Authority)
CAMPUS POLICE AUTHORITY AND JURISDICTION
UTC Campus Police have complete police authority to apprehend and arrest anyone involved in
illegal acts on-campus and areas immediately adjacent to the campus. If minor offenses involving
University rules and regulations are committed by a University student, the campus police may also
refer the individual to the disciplinary division of Student Affairs.
Major offenses such as rape, murder, aggravated assault, robbery, and auto theft are reported to the
local police and joint investigative efforts with investigators from UTC and the city police are deployed
to solve these serious felony crimes. The prosecution of all criminal offenses, both felony and
misdemeanor, are conducted at either Municipal, General Sessions, or Federal Court of Hamilton
County.
Campus Police personnel work closely with local, state, and federal police agencies and have direct
radio communication with the City Police Department on the city police radio network. The University
Police Department is also a part of the Hamilton County 911 Emergency System.
By mutual agreement with state and federal agencies, The University Police Department maintains an
NLETS terminal (National Law Enforcement Telecommunications Network). Through this system
police personnel can access the National Crime Information Computer system as well as the
Tennessee Information Enforcement System. These computer databases are used for accessing
criminal history data, nationwide police records, driver/vehicle identification information, as well as
other local, state and federal law enforcement information.
(continued on next page)
92
Chapter 8–Not Just a Numbers Game
(continued from previous page)
Per agreement with the Chattanooga Police Department, the University Police Department's jurisdiction
extends west bounded by Houston Street, east to Central Avenue, south to East Eighth Street, and
north to the Manker Patton Tennis Complex and Scrappy Moore Field. Any University owned or leased
property in outlying areas is patrolled jointly by both University and City Police.
Through coordination with local law enforcement agencies, any criminal activity engaged in by students
at off-campus locations of student organizations, is monitored and recorded. This information is
provided to the Dean of Students for any action or follow-up that may be required.
Sample Policy Statement Addressing Campus Law Enforcement
(For Institutions Whose Police Do Not Have Arrest Authority)
Montgomery College Safety and Security offices have the authority to ask persons for identification and
to determine whether individuals have lawful business at Montgomery College. Montgomery College
security officers have the authority to issue parking tickets, which are billed to financial accounts of
students, faculty, and staff. Safety and Security officers do not possess arrest power. Criminal
incidents are referred to the local police who have jurisdiction on the campus. The Safety and Security
Office at Montgomery College maintains a highly professional working relationship with the
Montgomery County Police Department, Rockville City Police, and Takoma Park Police. All crime
victims and witnesses are strongly encouraged to immediately report the crime to campus Safety and
Security Office and the appropriate police agency. Prompt reporting will assure timely warning notices
on-campus and timely disclosure of crime statistics.
93
Chapter 8–Not Just a Numbers Game
b. Encourages accurate and prompt reporting of all crimes to
34 CFR 668.46(b)(4)(ii)
the campus police and the appropriate police agencies.
What does this mean?
Your policy statement must encourage individuals to report all
crimes to the campus police and police agencies for your institution’s
jurisdiction in an accurate and timely manner. If your institution
does not have campus police, you must state this.
Sample Policy Statement Addressing the Encouragement of
Accurate and Prompt Crime Reporting
General Procedures for Reporting a Crime or Emergency
Community members, students, faculty, staff, and guests are encouraged to report all crimes and
public safety related incidents to the University Police Department (UPD) in a timely manner. This
publication focuses on UPD because it patrols the majority of the Foggy Bottom campus and the
Mount Vernon-campus. However, Hospital Security should be contacted when incidents,
emergencies, or crimes occur in the Hospital.
To report a crime or an emergency on the Foggy Bottom campus, call UPD at extension 4-6111 or,
from outside the University phone system, (202) 994-6111. To report a non-emergency security or
public safety related matter, call UPD at extension 4-6110 or, from outside the University phone
system, (202) 994-6110.
To report a crime or emergency on the Mount Vernon-campus, call UPD at 2-6111 or, from outside
the University phone system, (202) 242-6111. To report a non-emergency security or public safety
related matter call UPD at 2-6110 or, from outside the phone system, (202) 242-6110.
If a crime or emergency occurs in the Hospital, call Hospital Security at (202) 715-5000.
Dispatchers are available at these respective telephone numbers 24 hours a day to answer your call.
In response to a call, UPD or Hospital Security will take the required action, dispatching an officer or
asking the victim to report to UPD to file an incident report.
All UPD incident reports are forwarded to the Dean of Students office for review and potential action
by the Office of Student Judicial Services. UPD Investigators will investigate a report when it is
deemed appropriate. Additional information obtained via the investigation will also be forwarded to
the Office of Student Judicial Services.
If assistance is required from the Metropolitan Police Department or the District of Columbia Fire
Department, UPD will contact the appropriate unit. If a sexual assault or rape should occur, staff on
the scene, including UPD, will offer the victim a wide variety of services. GW has a Sexual Assault
Crisis Consultation Team that has trained members who are available to assist a victim 24 hours a
day.
This publication contains information about on-campus and off campus resources. That information is
made available to provide GW community members with specific information about the resources that
are available in the event that they become the victim of a crime. The information about “resources” is
not provided to infer that those resources are “reporting entities" for GW.
Crimes should be reported to the University Police Department to ensure inclusion in the annual
crime statistics and to aid in providing timely warning notices to the community, when appropriate. For
example, a crime that was reported only to the DC Rape Crisis Center would not be included in the
GW crime statistics.
94
Chapter 8–Not Just a Numbers Game
c. Describes procedures, if any, that encourage pastoral
counselors and professional counselors, if and when they
34 CFR 668.46(b)(4)(iii)
deem it appropriate, to inform the persons they are
counseling of any procedures to report crimes on a
voluntary, confidential basis for inclusion in the annual
disclosure of crime statistics.
What does this mean?
Disclose if your institution has any procedures that encourage
both pastoral and professional counselors, at their discretion, to
inform those they counsel of procedures for reporting crimes
voluntarily and confidentially for inclusion in the institution’s annual
security report and Web-based report to ED. This may include both
verbal and written encouragement. If your institution does not have
these procedures, state this.
Note that this policy differs from the policy statement on
Page 89. That statement does not specifically address pastoral and
professional counselors.
Sample Policy Statement Addressing Counselors
(For Institutions With Confidential Reporting Procedures)
As a result of the negotiated rulemaking process which followed the signing into law, the 1998 amendments to
20 U.S.C. Section 1092 (f), clarification was given to those considered to be campus security authorities. Campus
“Pastoral Counselors” and Campus “Professional Counselors”, when acting as such, are not considered to be a
campus security authority and are not required to report crimes for inclusion into the annual disclosure of crime
statistics. As a matter of policy, they are encouraged, if and when they deem it appropriate, to inform persons
being counseled of the procedures to report crimes on a voluntary basis for inclusion into the annual crime
statistics.
The rulemaking committee defines counselors as:
Pastoral Counselor
An employee of an institution who is associated with a religious order or denomination, recognized by that
religious order or denomination as someone who provides confidential counseling and who is functioning within
the scope of that recognition as a pastoral counselor.
Professional Counselor
An employee of an institution whose official responsibilities include providing psychological counseling to
members of the institution’s community and who is functioning within the scope of his or her license or
certification.
Sample Policy Statement Addressing Counselors
(For Institutions Without Confidential Reporting Procedures)
All reports will be investigated. The University does not have procedures for voluntary, confidential
reporting of crime statistics. Violations of the law will be referred to law enforcement agencies and
when appropriate, to the University Disciplinary Committee for review. When a potentially dangerous
threat to the University community arises, timely reports or warnings will be issued through e-mail
announcements, the posting of flyers at local campuses, in-class announcements, or other appropriate
means.
95
Chapter 8–Not Just a Numbers Game
4. Provide a statement that describes the type and
34 CFR 668.46(b)(5)
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.
What does this mean?
Your statement should describe both the type and the
frequency of two categories of programs for students and
employees: programs dealing with security procedures and practices,
and programs encouraging the campus community to look out for
themselves and one another. You do not have to list every program,
but be sure to address all of the statement’s components (i.e., type,
frequency, students and employees).
Sample Policy Statement Addressing Security Awareness Programs
Security Awareness Programs
During orientation in September (Medford/ Somerville) or August (Boston and Grafton),
students are informed of services offered by the Tufts Police. Video and slide
presentations outline ways to maintain personal safety and residence hall security.
Students are told about crime on-campus and in surrounding neighbor-hoods. Similar
information is presented to new employees. Crime Prevention Programs and Sexual
Assault Prevention Programs are offered on a continual basis.
Periodically during the academic year the Tufts Police, in cooperation with other
university organizations and departments, present crime prevention awareness sessions
on sexual assault (rape and acquaintance rape), Rohypnol abuse, theft, and vandalism,
as well as educational sessions on personal safety and residence hall security.
A common theme of all awareness and crime prevention programs is to encourage
students and employees to be aware of their responsibility for their own security and the
security of others.
In addition to seminars, information is disseminated to students and employees through
crime prevention awareness packets, security alert posters, displays, videos, and articles
and advertisements in university and student newspapers.
When time is of the essence, information is released to the university community
through security alerts posted prominently throughout campus, through computer
memos sent over the university's electronic mail system and a voice mail broadcasting
system.
96
Chapter 8–Not Just a Numbers Game
5. Provide a description of programs designed to inform
34 CFR 668.46(b)(6)
students and employees about the prevention of crimes.
What does this mean?
This statement specifically addresses programs designed to
inform both students and employees about crime prevention. You
must describe the programs. If you do not have any programs of this
nature, you must provide a statement disclosing this fact.
Sample Policy Statement Addressing Crime Prevention Programs
CRIME PREVENTION PROGRAMS
Crime Prevention Programs on personal safety and theft prevention are sponsored by various campus
organizations throughout the year. University Police personnel facilitate programs for student, parent,
faculty, and new employee orientations, student organizations, community organizations, in addition to
quarterly programs for Housing Services Resident Advisers and residents providing a variety of
educational strategies and tips on how to protect themselves from sexual assault, theft and other crimes.
Starting in the fall we will be offering Rape Aggression Defense System (RAD) training. It is a
comprehensive course that begins with awareness, prevention, risk reduction and avoidance, while
progressing on to the basics of hands-on defense training. Certified RAD instructors will teach the
courses provided.
Tip: To enhance personal safety, and especially after an evening class, walk with friends or someone
from class that you know well, or call the Eagle Patrol Services for an escort.
97
Chapter 8–Not Just a Numbers Game
6. Provide a statement of policy concerning the monitoring
34 CFR 668.46(b)(7)
and recording, through local police agencies, of criminal activity
in which students engaged at off-campus locations of student
organizations officially recognized by the institution, including
student organizations with off-campus housing facilities.
What does this mean?
This statement addresses whether your institution uses local
police to monitor off-campus student organizations. Note that this
concerns only those organizations that are officially recognized by
your institution. If you do not have any off-campus student
organizations, you must disclose this.
Sample Policy Statement Addressing Criminal Activity Off Campus
(For Institutions Whose Police Monitor Off-Campus Activity)
When a Vanderbilt student is involved in an off-campus offense, police officers may assist with the
investigation in cooperation with local, state, or federal law enforcement. Metro Nashville police
routinely work and communicate with campus officers on any serious incidents occurring on-campus
or in the immediate neighborhood and business areas surrounding campus. Vanderbilt University
operates no off-campus housing or off-campus student organization facilities. However, many
graduate students and some undergraduate students live in the neighborhoods surrounding Vanderbilt.
While Metro Nashville police have primary jurisdiction in all areas off campus, Vanderbilt officers
can and do respond to student-related incidents that occur in close proximity to campus. Vanderbilt
officers have direct radio communications with the city police, fire department, and ambulance
services to facilitate rapid response in any emergency situation.
98
Chapter 8–Not Just a Numbers Game
Sample Policy Statement Addressing Criminal Activity Off Campus
(For Institutions Whose Police Do Not Monitor Off-Campus Activity)
Student Affairs maintains contact with recognized fraternity and sorority organizations through the
efforts of the Greek Affairs Advisor. University Police members do not provide law enforcement
service to off-campus residences of recognized fraternity and sorority organizations nor are activities
off-campus recognized by university authority. Criminal activity at recognized fraternity and sororities
residences is monitored and recorded by the Fresno Police Department's Northeast Policing District.
Student Affairs and University Police members enjoy a close working relationship with the Northeast
Policing District’s Neighborhood Policing, Problem Oriented Policing, and Tactical teams when
violations of federal, state, or local laws surface. This cooperative team approach addresses situations
as they arise as well as future concerns.
7. Provide a statement of policy regarding the possession,
use and sale of alcoholic beverages and enforcement of state
34 CFR 668.46(b)(8)
underage drinking laws.
What does this mean?
This statement describes your policy concerning the
possession, use and sale of alcohol. You must also disclose your
policy for the enforcement of state laws relating to underage
drinking.
Sample Policy Statement Addressing Alcoholic Beverages
Sample Policy on Alcoholic Beverages
The possession, sale or the furnishing of alcohol on the University campus is governed by UCSD Alcohol
Policy and California state law. Laws regarding the possession, sale, consumption or furnishing of alcohol
is controlled by the California Department of Alcohol and Beverage Control (ABC). However, the
enforcement of alcohol laws on-campus is the primary responsibility of the UCSD Police Department. The
UCSD campus has been designated “Drug free” and only under certain circumstances is the consumption
of alcohol permitted. The possession, sale, manufacture or distribution of any controlled substance is
illegal under both state and federal laws. Such laws are strictly enforced by the UCSD Police Department.
Violators are subject to University disciplinary action, criminal prosecution, fine and imprisonment. It is
unlawful to sell, furnish or provide alcohol to a person under the age of 21. The possession of alcohol by
anyone under 21 years of age in a public place or a place open to the public is illegal. It is also a violation
of the UCSD Alcohol Policy for anyone to consume or possess alcohol in any public or private area of
campus without prior University approval. Organizations or groups violating alcohol/substance policies or
laws may be subject to sanctions by the University.
99
Chapter 8–Not Just a Numbers Game
8. Provide a statement of policy regarding the possession,
34 CFR 668.46(b)(9)
use and sale of illegal drugs and enforcement of federal and state
drug laws.
What does this mean?
This statement discloses your policy concerning the
possession, use and sale of illegal drugs. You must also disclose
your policy for the enforcement of both federal and state laws
pertaining to drugs.
Sample Policy Statement Addressing Illegal Drugs
Sample Policy on Illegal Drugs
The UCSD campus has been designated “Drug free” and only under certain circumstances is the
consumption of alcohol permitted. The possession, sale, manufacture or distribution of any controlled
substance is illegal under both state and federal laws. Such laws are strictly enforced by the UCSD
Police Department. Violators are subject to University disciplinary action, criminal prosecution, fine
and imprisonment.
34 CFR 668.46(b)(10)
9. Provide a description of any drug or alcohol abuse
education programs as required under Section 120(a) through
(d) of the HEA. For the purpose of meeting this requirement, an
institution may cross-reference the materials it uses to comply
with section 120(a) through (d) of the HEA.
What does this mean?
To participate in any Title IV student aid program, an
institution must verify that it has a drug and alcohol abuse prevention
program available to students and employees. Clery Act regulations
ask for a description of these programs, and allow you to cross-
reference the materials your institution uses to comply with the HEA.
This is the only policy statement in the annual security report for
which you can cross-reference materials. The text for Section
120(a)–(d) is in Appendix G of this handbook.
100
Chapter 8–Not Just a Numbers Game
Sample Policy Statement Addressing Substance Abuse Education
ALCOHOL AND SUBSTANCE ABUSE INFORMATION
PREVENTION PROGRAMS
The College has developed a program to prevent the illicit use of drugs and the abuse of alcohol by
students and employees. The program provides services related to drug use and abuse including
dissemination of informational materials, educational programs, counseling services, referrals and
college disciplinary actions.
Cayuga’s Health Services Office provides an overall coordination of the Drug-Free School Program.
However, many services are the responsibility of other areas of the institution. These include:
Alcohol and Drug Education: College Health Services, Employee Assistance
Program, College Health Class.
Counseling
Services: Student Development Counselors, College Nurse,
Employee Assistance Program.
Referral
Services: Student Development Counselors, College Nurse, Employee
Assistance
Program.
College Disciplinary Actions: Faculty/Student Judicial Review Committee.
Director of Student Development.
LOCAL, STATE & FEDERAL LEGAL SANCTIONS
Legal Sanctions – Laws Governing Alcohol
The State of New York sets 21 as the minimum age to purchase or possess any alcoholic beverage.
Specific ordinances regarding violations of alcohol laws, including driving while intoxicated, are
available from the Office of Public Safety. Effective January 1, 1990, a package of state laws was
passed regarding alcohol. They include the following:
1. Persons under age 21 found possessing alcohol may be given
a maximum fine of $50.
2. Anyone convicted of fraudulently using a driver’s license to buy or attempt
to buy alcohol may have his/her driver’s license suspended for up to 90 days.
3. Persons convicted of buying alcohol through fraudulent means face a
possible $100 fine and/or being required to do up to 30 hours of community
service
work.
A violation of any law regarding alcohol is also a violation of the College’s
Student Code of Conduct and will be treated as a separate disciplinary matter
by the College.
Remember, if your institution does
not have a policy for a category
addressed in the regulations, you
must say so!
101
This page intentionally left blank.
102
Special Considerations:
CHAPTER 9
Policies Regarding Sex
Offenses and Offenders
hat are the Clery Act requirements regarding policies and
W procedures for sex offenses? As mentioned in Chapter 8, the
Clery Act requires you to provide policy statements regarding sex
offenses and obtaining access to information regarding registered sex
offenders in the campus community.
Sex Offenses
The FBI’s National Incident-Based Reporting System
(NIBRS) edition of the UCR defines a sex offense in general as 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. (See Chapter 3 for
definitions of forcible and non-forcible sex offenses.)
The Clery Act requires you to include a statement about your
institution’s sex offense policy, procedures and programs in your
Sex offense policy
annual security report. Specifically, the regulation requires a
statement cite
statement of policy regarding the institution’s campus sexual
34 CFR 668.46(b)(11)
assault programs to prevent sex offenses, and procedures to
follow when a sex offense occurs. The statement must include:
a. A description of educational programs to promote the
awareness of rape, acquaintance rape and other forcible
34 CFR 668.46(b)(11)(i)
and non-forcible sex offenses.
These programs are required by Section 485(f) of the Higher
Education Act. We encourage your institution to contract with
experts in the area of sex offense education to provide training to
students and staff. Such experts include rape crisis intervention
specialists, local law enforcement officials and social services
personnel.
103
Chapter 9–Special Considerations
b. Procedures students should follow if a sex offense occurs,
34 CFR 668.46(b)(11)(ii)
including:
• Procedures concerning who should be contacted;
• The importance of preserving evidence for the proof
of a criminal offense; and
• To whom the alleged offense should be reported.
Note that the Clery Act does not mandate whom to contact
or to whom the offense should be reported. It requires
only that your institution include this information in the
procedures. Be specific with regard to this information.
For example, if students are directed to a rape crisis
counselor for support and the campus police department
for reporting purposes, provide contact information. We
encourage institutions to consult law enforcement about
what constitutes “preserving evidence.”
c. Information on a student’s option to notify appropriate law
34 CFR 668.46(b)(11)(iii)
enforcement authorities, including:
• On-campus and local police; and
• A statement that institutional personnel will assist the
student in notifying these authorities, if the student
requests the assistance of these personnel.
Provide information so that students know what notifying
law enforcement authorities entails. Be specific about
both campus and local police, as applicable. The
statement that your institution will comply with a
student’s request for assistance in notifying authorities is
mandatory.
34 CFR 668.46(b)(11)(iv)
d. Notification to students of existing on- and off-campus
counseling, mental health or other student services for
victims of sex offenses.
Your statement should provide specific information
identifying the appropriate available services for victims.
Be sure to include both on- and off-campus services, as
applicable. If there are no on-campus services or no off-
campus services, state this.
34 CFR 668.46(b)(11)(v)
e. Notification to students that the institution will change a
victim’s academic and living situations after an alleged
sex offense, and the options for those changes if those
changes are requested by the victim and are reasonably
available.
104
Chapter 9–Special Considerations
An institution is obligated to comply with a student’s
request for a living and/or academic situation change
following an alleged sex offense. The options should be
identified.
These requirements allow an institution flexibility. For
example, an institution could permit a victim to break a
housing contract with the institution so that the student
may seek off campus housing. But, it would not be
reasonable to expect the institution to pay for the rental of
a private apartment for the student.
f. Procedures for campus disciplinary action in cases of an
34 CFR
alleged sex offense, including a clear statement that:
668.46(b)(11)(vi)(A)&(B)
i.
The accuser and the accused are entitled to the
same opportunities to have others present during a
disciplinary proceeding; and
ii.
Both the accuser and the accused must be informed
of the outcome of any institutional disciplinary
proceeding that is brought alleging a sex offense.
Compliance with this paragraph does not constitute
a violation of the Family Educational Rights and
Privacy Act (FERPA). For the purpose of this
paragraph, the outcome of a disciplinary proceeding
means only the institution’s final determination
with respect to the alleged sex offense and any
sanction that is imposed against the accused.
Your statement regarding procedures for campus
disciplinary action for alleged sex offenses must include
both (i) and (ii). Add any other procedures as appropriate
for your institution. The right to have others present and
to be informed of the outcome apply to the institutional
disciplinary proceedings, regardless of where the alleged
sex offense occurred. Disclosure concerning the outcome
of proceedings must be unconditional; a victim cannot be
required to sign a nondisclosure agreement or to otherwise
agree to a prohibition from discussing the case.
g. Sanctions the institution may impose following a final
determination of an institutional disciplinary proceeding
34 CFR 668.46(b)(11)(viii)
regarding rape, acquaintance rape or other forcible or non-
forcible sex offenses.
Note that this does not require you simply to state that
sanctions may be imposed. You are required to list the
sanctions.
105
Chapter 9–Special Considerations
It is very important that you understand that:
• Simply stating the topic of a policy does not meet the
requirements. All of the required components of a policy
must be included in the policy statement.
• For the most part, institutions have discretion in the
wording of these statements and how the policies and
procedures are put into practice.
• It is imperative that an institution’s policy statements
accurately reflect what the institution does currently to
prevent sex offenses, and the procedures that are followed
when a sex offense occurs.
106
Chapter 9–Special Considerations
Sample Policy Statement Addressing Sex Offenses
Sexual Assault Prevention and Response
The University educates the student community about sexual assaults and date rape through mandatory freshman
orientations each fall. The Police Department offers sexual assault education and information programs to
University students and employees upon request. Literature on date rape education, risk reduction, and University
response is available through the Office of Housing and Residential Education.
If you are a victim of a sexual assault at this institution, your first priority should be to get to a place of safety.
You should then obtain necessary medical treatment. The University Police Department strongly advocates that a
victim of sexual assault report the incident in a timely manner. Time is a critical factor for evidence collection and
preservation. An assault should be reported directly to a University officer and/or to a Housing and Residential
Education representative. Filing a police report with a University officer will not obligate the victim to prosecute,
nor will it subject the victim to scrutiny or judgmental opinions from officers. Filing a police report will
› ensure that a victim of sexual assault receives the necessary medical treatment and tests, at no expense to the
victim
› provide the opportunity for collection of evidence helpful in prosecution, which cannot be obtained later (ideally a
victim of sexual assault should not wash, douche, use the toilet, or change clothing prior to a medical/legal exam)
› assure the victim has access to free confidential counseling from counselors specifically trained in the area of
sexual assault crisis intervention.
When a sexual assault victim contacts the Police Department, the Metro Police Sex Crimes Unit will be notified as
well. A representative from the Office of Housing and Residential Education will also be notified. The victim of a
sexual assault may choose for the investigation to be pursued through the criminal justice system and the University
Conduct Council, or only the latter. A University representative from the Police Department or the Office of
Housing and Residential Education will guide the victim through the available options and support the victim in his
or her decision. Various counseling options are available from the University through the Student Health Center, the
Women’s Center, University Ministries, Employee Assistance, and the Psychological and Counseling Center.
Counseling and support services outside the University system can be obtained through the Rape and Sexual Abuse
Center and the Victim Intervention Program of the Metro Police Department.
University disciplinary proceedings, as well as special guidelines for cases involving sexual misconduct, are
detailed in the Student Handbook. The Handbook provides, in part, that the accused and the victim will each be
allowed to choose one person who has had no formal legal training to accompany them throughout the hearing. Both
the victim and accused will be informed of the outcome of the hearing. A student found guilty of violating the
University sexual misconduct policy could be criminally prosecuted in the state courts and may be suspended or
expelled from the University for the first offense. Student victims have the option to change their academic and/or
on-campus living situations after an alleged sexual assault, if such changes are reasonably available.
107
Chapter 9–Special Considerations
Advising the Campus Community
About Sex Offenders
Upon release from prison, individuals convicted of sex crimes
may be required to register with law enforcement agencies (under
laws referred to as “Megan’s Laws”). If registered sex offenders are
enrolled at, or employed at a postsecondary institution, the offenders
must also provide this information to the state. The information is
then provided by the state to campus police departments or to other
law enforcement authorities in the jurisdiction where the institution
is located.
Your institution must provide a statement advising the
Sex offender
campus community where law enforcement agency information
registration information
provided by a state concerning registered sex offenders may be
cite
obtained, such as the law enforcement office of the institution, a
34 CFR 668.46(b)(12)
local law enforcement agency with jurisdiction for the campus,
or a computer network address.
You should know that:
• Institutions are not required to request this information
from the state; rather, the state must provide this
information to the campus police department or other law
enforcement authorities in the school’s jurisdiction.
• Institutions are required to provide the campus community
with information that would enable them to obtain this
public information about registered sex offenders on
campus. The intention of this requirement is to afford a
campus community the same availability of information
about registered sex offenders as they would have in their
home communities under Megan’s Law.
• While institutions are required to inform the campus
community where sex offender information can be
accessed, the institution is not required to disseminate sex
offender information throughout the community.
How FERPA Affects This Policy
FERPA guidance cite
1232g(b)(7)
Nothing in FERPA prohibits an educational institution from
disclosing information about registered sex offenders. This includes
the disclosure of personally identifiable, nondirectory information
without prior written consent or other consent from the individual.
Institutions also have authority to disclose information about
registered sex offenders that may otherwise become available to
educational institutions through the operation of state sex offender
registration and community notification programs. However, state
108
Chapter 9–Special Considerations
laws could limit disclosure of such information. Institutions are
advised to contact their state authorities for guidance on this issue.
If the state in which your institution is located does not
currently register sex offenders, or does not provide campus police or
your local law enforcement agencies with this information, a
statement in your annual security report should disclose this.
However, you would be required to advise the campus community
about obtaining registered sex offender information should the state
provide it at a future date.
Sample Policy Statement Addressing Sex Offender Registration
(For Institutions Maintaining a List of Registered Sex Offenders On-Site)
Sexual Offender Registration
The Campus Sex Crimes Prevention Act (CSCPA) of 2000 is a federal law that provides for the tracking
of convicted sex offenders enrolled at, or employed by, institutions of higher education. The CSCPA is
an amendment to the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Act. The
federal law requires state law enforcement agencies (in Kansas, it is the Kansas Bureau of
Investigation) to provide Dodge City Community College with a list of registered sex offenders who
have indicated that they are either enrolled, employed or carrying on a vocation at Dodge City
Community College.
Dodge City Community College is required to inform the campus community that a KBI registration list
of sex offenders will be maintained and available at two campus locations: the Office of Campus Safety
and Security in Shelden Hall and the Office of the Associate Dean of Students, located room 103 of the
Student Union.
In addition, a list of all registered sex offenders in Kansas is available from the Kansas Bureau of
Investigation at http://www.accesskansas.org/kbi/ro.htm. Dodge City is located in Ford County and
the zip code is 67801.
The CSCPA further amends the Family Educational Rights and Privacy Act of 1974 (FERPA) to clarify
that nothing in the Act can prohibit an educational institution from disclosing information provided to
the institution concerning registered sex offenders.
This statement is provided in compliance with the Campus Sex Crimes Prevention Act of 2000 and the
Kansas Offender Registration Act (KORA) of 2003, KSA 22-4902.
109
Chapter 9–Special Considerations
Sample Policy Statement Addressing Sex Offender Registration
(For Institutions Providing an Electronic Link to Registered Sex Offender
Information Maintained by an Outside Law Enforcement Agency)
In accordance to the "Campus Sex Crimes Prevention Act" of 2000, which amends the Jacob
Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, the Jeanne
Clery Act and the Family Educational Rights and Privacy Act of 1974, the Virginia Tech Police
Department is providing a link to the Virginia State Police Sex Offender Registry. This act requires
institutions of higher education to issue a statement advising the campus community where law
enforcement information provided by a State concerning registered sex offenders may be obtained. It
also requires sex offenders already required to register in a State to provide notice of each institution
of higher education in that State at which the person is employed, carries a vocation, or is a student.
In the Commonwealth of Virginia, convicted sex offenders must register with the Sex Offender and
Crimes Against Minors Registry maintained by the Department of State Police.
The Sex Offender and Crimes Against Minors Registry (SOR) for VIOLENT SEX OFFENDERS is
available via Internet pursuant to Section 19.2-390.1 , (D), of the Code of Virginia. Registry
information provided under this section shall be used for the purposes of the administration of
criminal justice, screening of current or prospective employees, volunteers or otherwise for the
protection of the public in general and children in particular. Unlawful use of the information for
purposes of intimidating or harassing another is prohibited and willful violation shall be
punishable as a Class 1 misdemeanor.
The Virginia State Police is responsible for maintaining this registry. Follow the link below to access
the Virginia State Police website.
http://sex-offender.vsp.state.va.us/cool-ICE
110
Getting the Word Out:
CHAPTER 10
Distributing the
Annual Security Report
ou have a lot of information and may be wondering, “Now
Y what do I do with this?” This chapter will walk you through
the steps necessary to help you comply with Clery Act regulations
concerning the publication and distribution of your annual security
report.
Specifically, you must:
• Meet the deadline;
• Publish the annual security report;
• Determine who gets the annual security report;
• Distribute the report; and
• Retain the records.
When is the deadline? The annual security report must be
published and distributed by Oct. 1 each year. This is a firm
Distribution cite
34 CFR 668.41(e)
deadline. There is no grace period.
What should the publication look like? Whether the report
is produced as a separate publication or as part of another
publication, it must be contained within a single document. It cannot
be published in sections or multiple volumes. For example, the
report may be published in a campus directory that is given to all
students and employees, provided the report appears in its entirety
within that publication. It is not necessary that the report be provided
to both students and employees in the same publication. If the report
is posted on the institution’s Web site, it must be clearly identified in
a single, separate part of the site.
111
Chapter 10–Getting the Word Out
Remember that Clery Act requirements must be met
individually for each separate campus. An institution may publish a
single document covering all campuses as long as information and
crime statistics that vary by campus are clearly presented.
Who gets the annual security report? The report must be
distributed to all currently enrolled students (including those
attending less than full time and those not enrolled in Title IV
programs or courses) and all employees by Oct. 1 each year. The
report must also be provided to any prospective student or
prospective employee upon request. A prospective student is defined
as an individual who has contacted an eligible institution requesting
information about admission to that institution. A prospective
employee is defined as an individual who has contacted an eligible
institution requesting information concerning employment with that
institution.
How should the report be distributed? The report must be
distributed to all current students and employees in one of two ways:
1. Directly by publications and mailings. This may be
accomplished by giving a copy directly to each individual
or by direct mailing to each individual through:
• the United States Postal Service;
• Campus mail;
• E-mail; or
• A combination of these methods.
2. Posting the annual security report on an Internet or
intranet Web site that is reasonably accessible to currently
enrolled students and to employees. This method may be
used only if an individual notice about the annual security
report is distributed by Oct. 1 to each student and
employee. This notice should not be buried in another
document where a student or employee may be unlikely to
read it. The notice should include:
• A statement of the report’s availability.
• A list and brief description of the information
contained in the report.
• The exact address (URL) of the Internet or intranet
Web site at which the report is posted. This means that
the institution must provide a direct link to the annual
security report. It is not acceptable to give the URL
for the institution’s Web site.
112
Chapter 10–Getting the Word Out
This does not mean that all of your Clery Act-related
items must be located at this URL. You may provide
links from this URL to such items as your crime log,
additional annual security reports for your separate
campuses, etc.
• A statement that the school will provide a paper copy
of the annual security report upon request. This
request does not have to be made in writing. An
institution may not charge fees to individuals for
copies of the annual security report. Therefore, the
annual security report may not be included in any
publication for which a fee is charged.
This sample notice may be used to inform students and
employees of the availability of the annual security report.
Sample Notice of Availability of Annual Security Report
A copy of [name of institution’s] Annual Security Report. This report includes statistics for the previous
three years concerning reported crimes that occurred on-campus; in certain off-campus buildings or
property owned or controlled by [name of institution]; and on public property within, or immediately
adjacent to and accessible from, the campus. The report also includes institutional policies concerning
campus security, such as policies concerning sexual assault, and other matters. You can obtain a copy
of this report by contacting [name of office] or by accessing the following web site [address of web site].
The report must also be made available to prospective students
and employees. Prospective students and prospective employees are
to be provided with a notice containing a statement of the report’s
availability, a description of its contents and the opportunity to
request a copy. This notice may be provided to prospective students
and prospective employees along with other information the
institution provides to them.
If your institution solicits applications for a faculty or an
adminstrative position through an advertisement, the institution is
required to provide a notice of the availability of the annual security
report to those individuals it interviews. However, the institution is
not required to include notification in the job advertisement, nor is it
required to notify an individual to whom it simply sent a rejection
letter based on his or her unsolicited employment application.
If the institution chooses to provide its annual security report
to prospective students and prospective employees by posting the
report on an Internet site, the notice provided to each individual must
include:
113
Chapter 10–Getting the Word Out
• The exact URL where the report is posted;
• A brief description of the report; and
• A statement that the institution will provide a paper copy
of the report upon request.
Note that an intranet site may not be used to make disclosures
to prospective students and employees.
Be sure to retain the annual security report and all supporting
records used in compiling the report for three years from the latest
publication of the report to which they apply. For example, the 2004
annual security report contains statistics for 2001, 2002 and 2003.
The 2001 statistics and supporting records must be kept until Oct. 1,
2007—in effect, seven years.
Records to be kept include, but are not limited to, copies of
crime reports; the daily crime logs; records for arrests and referrals
for disciplinary action; timely warning reports; documentation, such
as letters to and from local police having to do with Clery Act
compliance; letters to and from campus security authorities;
correspondence with ED regarding Clery Act compliance; and copies
of notices to students and employees about the availability of the
annual security report. Make sure all documentation is dated and is
easily retrievable.
The annual security report is not
sent to ED. However, your
institution is required to submit to
ED the crime statistics that make up
the report via a Web-based data
collection. (See Chapter 11 of this
handbook for detailed information.)
114
Submitting Crime
CHAPTER 11
Statistics to the
U.S. Department of
Education: Web-Based
Data Collection
he Campus Crime and Security at Postsecondary Education
T Institutions Survey is conducted annually by the U.S.
Department of Education’s Office of Postsecondary Education
(OPE). This Web-based survey is used to collect data on alleged
criminal incidents reported by over 6,700 colleges, universities and
institutions of higher education in the United States. This
information is posted on a public Web site for use by higher
education consumers.
Each year in the late summer, a letter and a certificate from the
U.S. Department of Education are sent to the institution’s president
or chief executive officer. The letter explains this important Clery
Act requirement. The certificate contains the following information
necessary to access the Web site and enter data.
• Institution’s User ID—Typically, this ID consists of an
uppercase letter plus an 8-digit number. For example:
C21370001.
• Institution’s Password—This consists of six uppercase
letters. For example: ABCDEF.
• Web address—To access this survey, visit
http:/surveys.ope.ed.gov/security.
• Campus Crime Help Desk telephone number—
(800) 435–5985
• Campus Crime e-mail address—
http://CampusSecurityHelp@Westat.com.
• Data collection dates—Aug. __ to Oct. __ 200_.
A new ID and password are issued each year.
115
Chapter 11–Submitting Crime Statistics to the U.S. Department of Education
How Do You Access the Web Site?
Login
Enter the URL http://surveys.ope.ed.gov/security into your
browser. The application works best with Internet Explorer but can
be accessed using other browsers as well. The screen shown below
is the first screen you will see. Click on Click here for login to
continue.
116
Chapter 11–Submitting Crime Statistics to the U.S. Department of Education
At this screen, enter your User ID and Password from the
certificate mailed to the chief administrator of your institution. Both
must be entered in uppercase. When you are finished, click “Login.”
117
Chapter 11–Submitting Crime Statistics to the U.S. Department of Education
Registration
The institution registration screen appears next.
• Enter the name of the individual completing this survey.
This is the person who will be contacted if any follow up
is required.
• Complete all fields.
• Verify that the e-mail address is correct. It is the most
efficient method of recontacting schools when necessary.
Do not put a Web address in this field.
• Click “Update.”
• You will see a message on your screen that reads “Your
update was successful.”
• Click “Continue.”
118
Chapter 11–Submitting Crime Statistics to the U.S. Department of Education
Institution Identification
• Complete this entire screen.
• Correct any inaccurate information that can be changed.
Only the institution name field will be “read only” and
cannot be changed.
• Click “Update.”
• You will see a message on your screen that reads “Your
update was successful.”
• Click “Continue.”
119
Chapter 11–Submitting Crime Statistics to the U.S. Department of Education
This page intentionally left blank.
120
Chapter 11–Submitting Crime Statistics to the U.S. Department of Education
Screening Questions
The screening questions appear next.
Institutions are required to make a good-faith effort to obtain
statistics from local law enforcement agencies. Only statistics from
Clery Act geographic locations provided by the local jurisdiction
should be reported. If you have combined these statistics with your
institution’s statistics, answer “Yes” to the second screening
question. If statistics are not available from local law enforcement,
select the “Not Available” option. If you answer “No” to the second
screening question, the local screens will appear for you to enter the
statistics. (At any time throughout the survey, click on the word
“Instructions” for more information.)
• Click “Campus Crime.”
• Answer all three screening questions.
• Upon completion, click “Next Screen.”
DO NOT INCLUDE DATA FOR AREAS OTHER THAN
ON CAMPUS, NON-CAMPUS AND PUBLIC PROPERTY.
Information Not Available from local authorities
have any Non-campus buildings or properties?
121
Chapter 11–Submitting Crime Statistics to the U.S. Department of Education
Reporting Offenses
You are now ready to enter the criminal offenses for the
required geographic areas for your institution. Separate screens will
appear for on campus (on-campus residence halls), noncampus, and
public property.
• Enter the number of alleged criminal incidents that were
reported during the preceding calendar year for each
category. (Data for the two prior years will be preloaded
for you.)
• Refer to Chapter 3 for the definitions of the various
crimes.
• Click on the crime (e.g., Burglary) if you would like the
definition to appear on your screen.
• If there are no offenses for a reporting category, enter zero
(0) for that category. Do not leave the category blank.
• The caveat is an optional field that allows you to provide
additional information about the data that are reported.
Because these data will be made available on the OPE
Web site and will provide much needed consumer
information, institutions are urged to provide text
describing special conditions and other information
needed to fully explain the meaning of the reported data.
For example, an increase in the number of crimes can be
explained in part by an even greater increase in the
number of students. Institutions can also report reductions
in the rate of crime in the caveat.
• At any time, you can click on the word “Instructions”
located in the upper right hand corner of the screen for
more information.
122
Chapter 11–Submitting Crime Statistics to the U.S. Department of Education
Residence Hall statistics are a subset of on-campus statistics;
therefore, the numbers must be equal to or less than the numbers for
on campus.
123
Chapter 11–Submitting Crime Statistics to the U.S. Department of Education
Hate Crimes
Your institution is required to disclose data in your annual
security report on hate crimes by category of prejudice. For
purposes of this data collection, only the total number of hate crimes
is required.
124
Chapter 11–Submitting Crime Statistics to the U.S. Department of Education
Arrests
Enter statistics for arrests for liquor and drug law violations
and illegal weapons possession by geographic area. A separate
screen is provided for each area.
Referrals for Disciplinary Action
Enter statistics for referrals for liquor and drug law violations
and illegal weapons possession. If the disciplinary action or judicial
referral is the result of an arrest, please do not double count the
offense. Count the violation as one arrest.
125
Chapter 11–Submitting Crime Statistics to the U.S. Department of Education
Local Screens
Contacting the local police to request crime statistics is
required. The local police may:
• Offer statistics that may be added to your own statistics
for on campus, noncampus and public property. (If this is
the case, you will have answered “Yes” to the second
screening question, and the “Local” screens will not
appear.)
• Respond that they are not able to supply statistics for the
particular geographic areas requested. (If this is the case,
you will have answered “Not Available” to the second
screening question, and the “Local” screens will never
appear.)
• Respond that they have statistics for the areas requested,
but they are unable to pinpoint the exact location. (If this
is the case, you will have answered “No” to the second
screening question, and the “Local” screens will appear
for you to enter these statistics.)
The local screens do not require a geographic breakdown and
do not take the place of your own public property screens.
126
Chapter 11–Submitting Crime Statistics to the U.S. Department of Education
Finishing the Survey
The following steps need to be taken to complete your survey.
Editing Reports
Once you have entered all of your data, you are ready to run
the edits.
• Click on “Perform Edits.”
• If there are no errors, the “Lock” link will appear and it
will be underlined so that you may proceed with locking
your survey.
• If there are errors identified, you must correct the errors
before you can proceed. The icons below describe the
errors and how to correct them.
Icon Description
Fatal error—must fix. This icon will appear next to an
unacceptable entry or non-entry. It must be fixed to
allow you to continue and complete the survey.
Confirm or explain. If there is an entry identified as a
mistake or a typo, this yellow icon will appear. Click
on the icon and a box will appear in the upper left-hand
corner of your screen. Enter your explanation in this
box.
Edit explanation. This is the symbol that appears after
you have clicked on the yellow icon above and had your
explanation accepted.
None of these icons appear anywhere other than on the screen
you see to help you make the necessary corrections or to provide the
necessary explanations. Neither the icon nor your explanation will
appear on the public Web site. (See the example of an explanation
box on the next page.)
127
Chapter 11–Submitting Crime Statistics to the U.S. Department of Education
Error Description
For further assistance, please contact the Campus Crime and Security Survey
HELP Desk at 1-800-435-5985.
Error Description
The number entered, 23, is not within the expected range.
Please explain or fix.
Explanation:
Verified:
Close
This is the type of box that appears in the upper left-hand
corner of your screen when you click on the yellow icons. Write your
explanations here—not in the caveat boxes. When you are done,
click on “Refresh” to save your explanation.
Surveys
• Listed in the table below are the surveys for this institution, the status of each survey, and any currently available options
• The institution identification must be completed before all applicable surveys will show in the table.
Main Campus
Campus :
Survey
Status
Options
Institution Identification
--
--
Perform Edits Edit Report Print
Campus Crime
Has Data (0/1 locks)
128
Chapter 11–Submitting Crime Statistics to the U.S. Department of Education
Lock Your File
After the edits have been completed and there are no errors,
you are ready to lock your file. This information will be transmitted
to us.
• Click “Lock,” which is now underlined.
• Click “Continue with locking.”
• Click “Continue.” This screen tells you the survey has
been successfully locked.
Once locked, survey data can no longer be edited or changed.
You must contact the Help Desk if you need to make changes. If an
institution has multiple campuses, each campus must be locked
individually.
Print Your File
This is the screen you will see when your survey is locked. It
will read “Complete 1/1.”
Using the “Print” link, make a copy for your files.
129
Chapter 11–Submitting Crime Statistics to the U.S. Department of Education
Tools
Using the “Campus Maintenance” function, you can add
additional campuses. An additional campus must meet the definition
of a separate campus. (See Chapter 2 for the definition of a separate
campus.)
You also may request up to six additional users and
passwords. Click on “Additional Users/Passwords” to make a
request.
If changes need to be made on the “Registration” screen, use
the “Registration” link included here.
130
Chapter 11–Submitting Crime Statistics to the U.S. Department of Education
Campuses cannot be deleted by users. This is an
administrative function, and you must call the Help Desk for
assistance.
By going to “Help,” you can access all of the links available to
assist you in finding the answers to any questions you may have.
131
Chapter 11–Submitting Crime Statistics to the U.S. Department of Education
Under “Reports” you can print out blank forms to assist you in
completing the survey.
You can also use “Print All Forms” on the “Login” screen to
print blank screens.
When you have completed your data entry and have locked
your survey, you can print the completed survey by selecting
“Survey Forms (data)” from the “Reports” menu. You can also
select the “Print” link on the Survey Screen.
132
Appendix A:
The Clery Act Regulations
133
Appendix A
This page intentionally left blank.
134
Appendix A
A Legislative History of the Clery Act
he Student Right to Know and Campus Security Act (Public Law 101-542) was signed into law by
T President Bush in 1990 and went into effect on Sept. 1, 1991. Title II of this act is known as the
Crime Awareness and Campus Security Act of 1990. This act amends the Higher Education Act of 1965
(HEA) by adding campus crime statistics and reporting provisions for postsecondary institutions. It
requires the disclosure of crime statistics for the most recent three years, as well as disclosure of the
institution’s current security policies. Institutions are also required to issue timely warnings when
necessary. All public and private Title IV eligible institutions must comply with the requirements of this
act which is enforced by the U. S. Department of Education (ED).
This law was amended when Congress enacted the Campus Sexual Assault Victim’s Bill of Rights
as part of the Higher Education Amendments of 1992 {Public Law 102-325, Section 486(C)}, giving
victims of sexual assault on campus certain basic rights. In addition, institutions are required to develop
and distribute a policy statement concerning their campus sexual assault programs targeting the
prevention of sex offenses. This statement must also address the procedures to be followed if a sex
offense occurs.
The most recent version of this law was passed as part of the Higher Education Amendments Act of
1998 {Section 486(e) of Public Law 105-244}. The official title under this act is the Jeanne Clery
Disclosure of Campus Security Policy and Campus Crime Statistics Act {20 U.S.C. 1092(f)}. On Nov. 1,
1999, ED issued the final regulations which went into effect on July 1, 2000. The amendments require ED
to collect, analyze, and report to Congress on the incidences of crime on college campuses. The
amendments also expand the requirement of the Student Right to Know and Campus Security Act of 1990
that all institutions of higher education participating in the federal student aid programs must disclose to
students, faculty, staff, and, upon request, prospective students, information regarding the incidence of
crimes on campus as part of their campus security report.
The 1998 amendments made several changes to the disclosure requirements. Among these changes
were the addition of two crimes (Arson and Negligent Manslaughter) and three locations (residence halls,
noncampus buildings or property not geographically contiguous to the campus, and public property
immediately adjacent to a facility that is owned or operated by the institution for education purposes) that
schools must include in the reported statistics. Institutions that have a campus police or security
department are required to maintain a daily crime log that is available to the public.
The Clery Act was further amended in October 2000 by the Campus Sex Crimes Prevention Act
(Section 1601 of Public Law 106-386). The changes went into effect on Oct. 28, 2002. Beginning in
2003, institutions are required to notify the campus community where law enforcement agency
information provided by a state concerning registered sex offenders who are on campus may be obtained.
The text for the regulations, as well as Section 668.41, Reporting and Disclosure of Information,
are included in this appendix.
135
Appendix A
This page intentionally left blank.
136
Appendix A
137
Appendix A
138
Appendix A
139
Appendix A
140
Appendix A
141
Appendix A
142
Appendix A
143
Appendix A
144
Appendix A
145
Appendix A
146
Appendix A
147
Appendix A
148
Appendix A
149
Appendix A
150
Appendix A
151
Appendix A
This page intentionally left blank.
152
Appendix A
[Federal Register: October 31, 2002 (Volume 67, Number 211)]
[Rules and Regulations]
[Page 66519-66521]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31oc02-16]
[[Page 66519]]
-----------------------------------------------------------------------
Part IV
Department of Education
-----------------------------------------------------------------------
34 CFR Part 668
Student Assistance General Provisions; Final Rule
[[Page 66520]]
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
34 CFR Part 668
Student Assistance General Provisions
AGENCY: Office of Postsecondary Education, Department of Education.
ACTION: Final regulations.
-----------------------------------------------------------------------
SUMMARY: The Secretary amends the Student Assistance General Provisions
regulations to reflect changes made to the Higher Education Act of
1965, as amended (HEA), by the Campus Sex Crimes Prevention Act and to
make a technical correction. The regulations clarify that institutions
153
Appendix A
must include a new disclosure in their annual security reports that are
due by October 1, 2003.
DATES: These regulations are effective October 31, 2002.
FOR FURTHER INFORMATION CONTACT: David Bergeron, U.S. Department of
Education, 1990 K Street, NW. (8th Floor), Washington, DC 20006.
Telephone: (202) 502-7815.
If you use a telecommunications device for the deaf (TDD), you may
call the Federal Information Relay Service (FIRS) at 1-800-877-8339.
Individuals with disabilities may obtain this document in an
alternative format (e.g., Braille, large print, audiotape, or computer
diskette) on request to the contact person listed under FOR FURTHER
INFORMATION CONTACT.
SUPPLEMENTARY INFORMATION: The final regulations add a new paragraph,
Sec. 668.46(b)(12), to reflect a self-implementing change to section
485(f)(1) of the HEA that was made by the Campus Sex Crimes Prevention
Act (section 1601 of Public Law 106-386). The Campus Sex Crimes
Prevention Act adds a new disclosure to the list of disclosures an
institution must provide in its annual security report to students and
staff. In this new disclosure, an institution must inform members of
the campus community of the means by which they can obtain information
about registered sex offenders who may be present on campus. This
change to the HEA is effective on October 28, 2002. The regulations
clarify that institutions must include this new disclosure in their
annual security reports that are due by October 1, 2003.
The final regulations correct an error in the definition of
``Referred for campus disciplinary action'', in Sec. 668.46(a), to
reflect the language of the HEA, by changing the word ``student'' to
``person''.
Waiver of Proposed Rulemaking and Negotiated Rulemaking
Under the Administrative Procedure Act (5 U.S.C. 553) the
Department generally offers interested parties the opportunity to
comment on proposed regulations. However, these regulations merely
reflect statutory changes to the HEA and needed technical corrections.
The changes do not establish or affect substantive policy. The
Secretary has concluded that these regulations are technical in nature
and do not necessitate public comment. Therefore, under 5 U.S.C.
553(b)(B) the Secretary finds that such a solicitation would be
unnecessary and contrary to the public interest. In addition, the
Secretary also has decided to waive the 30-day delay in the effective
date of these regulatory changes under 5 U.S.C. 553(d)(3).
For the same reasons, the Secretary has determined, under section
492(b)(2) of the Higher Education Act of 1965, as amended, that these
regulations should not be subject to negotiated rulemaking.
Regulatory Flexibility Act Certification
The Secretary certifies that these regulations will not have a
significant economic impact on a substantial number of small entities.
These regulations will affect certain institutions of higher education
that participate in Title IV, HEA programs. The U.S. Small Business
Administration (SBA) Size Standards define these institutions as
``small entities'' if they are for-profit or nonprofit institutions
154
Appendix A
with total annual revenue below $5,000,000 or if they are institutions
controlled by governmental entities with populations below 50,000. A
relatively small number of the 6,000 institutions of higher education
participating in the Title IV, HEA programs meet the SBA definition of
``small entities.'' The technical corrections and changes will not have
a significant economic impact on any of the institutions affected.
Paperwork Reduction Act of 1995
These regulations do not contain any information collection
requirements.
Assessment of Educational Impact
Based on our own review, we have determined that these final
regulations do not require transmission of information that any other
agency or authority of the United States gathers or makes available.
Electronic Access to This Document
You may view this document, as well as all other Department of
Education documents published in the Federal Register, in text or Adobe
Portable Document Format (PDF) on the Internet at the following site:
http://www.ed.gov/legislation/FedRegister.
To use PDF you must have Adobe Acrobat Reader, which is available
free at this site. If you have questions about using PDF, call the U.S.
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in
the Washington, DC, area at (202) 512-1530.
You may also view this document in PDF format at the following
site: http://ifap.ed.gov.
Note: The official version of this document is the document
published in the Federal Register. Free Internet access to the
official edition of the Federal Register and the Code of Federal
Regulations is available on GPO Access at: http://
www.access.gpo.gov/nara/index.html.
List of Subjects in 34 CFR Part 668
Administrative practice and procedure, Colleges and universities,
Consumer protection, Education, Grant programs--education, Loan
programs--education, Reporting and recordkeeping requirements, Student
aid, Vocational education.
Dated: October 25, 2002.
Sally L. Stroup,
Assistant Secretary, Office of Postsecondary Education.
For the reasons discussed in the preamble, the Secretary amends
part 668 of title 34 of the Code of Federal Regulations as follows:
PART 668--STUDENT ASSISTANCE GENERAL PROVISIONS
1. The authority citation for part 668 continues to read as
follows:
155
Appendix A
Authority: 20 U.S.C. 1001, 1002, 1003, 1085, 1091, 1091b, 1092,
1094, 1099c, and 1099c-1, unless otherwise noted.
2. Section 668.46 is amended--
A. In paragraph (a), in the definition of ``Referred for campus
disciplinary action'', by removing the word ``student'' and adding, in
its place, ``person''.
B. By adding a new paragraph (b)(12).
The addition reads as follows:
Sec. 668.46 Institutional security policies and crime statistics.
* * * * *
(b) * * *
(12) Beginning with the annual security report distributed by
October 1, 2003, a statement advising the campus community where law
enforcement agency information provided by a State under section
170101(j) of the Violent Crime Control and Law Enforcement Act of 1994
(42 U.S.C. 14071(j)), concerning registered sex offenders may be
obtained, such as the law
[[Page 66521]]
enforcement office of the institution, a local law enforcement agency
with jurisdiction for the campus, or a computer network address.
* * * * *
[FR Doc. 02-27599 Filed 10-30-02; 8:45 am]
BILLING CODE 4000-01-P
156
Appendix A
[Code of Federal Regulations]
[Title 34, Volume 3, Parts 400 to end]
[Revised as of July 1, 2000]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR668.41]
[Page 469-472]
TITLE 34--EDUCATION
CHAPTER VI--OFFICE OF POSTSECONDARY EDUCATION,
DEPARTMENT OF EDUCATION
PART 668--STUDENT ASSISTANCE GENERAL PROVISIONS--Table of Contents
Subpart D--Institutional and Financial Assistance Information for
Students
Sec. 668.41 Reporting and disclosure of information.
(a) Definitions. The following definitions apply to this subpart:
Athletically related student aid means any scholarship, grant, or
other form of financial assistance, offered by an institution, the terms
of which require
[[Page 470]]
the recipient to participate in a program of intercollegiate athletics
at the institution. Other student aid, of which a student-athlete simply
happens to be the recipient, is not athletically related student aid.
Certificate or degree-seeking student means a student enrolled in a
course of credit who is recognized by the institution as seeking a
degree or certificate.
First-time undergraduate student means an entering undergraduate who
has never attended any institution of higher education. It includes a
student enrolled in the fall term who attended a postsecondary
institution for the first time in the prior summer term, and a student
who entered with advanced standing (college credit earned before
graduation from high school).
Normal time is the amount of time necessary for a student to
complete all requirements for a degree or certificate according to the
institution's catalog. This is typically four years for a bachelor's
degree in a standard term-based institution, two years for an associate
degree in a standard term-based institution, and the various scheduled
times for certificate programs.
Notice means a notification of the availability of information an
institution is required by this subpart to disclose, provided to an
individual on a one-to-one basis through an appropriate mailing or
publication, including direct mailing through the U.S. Postal Service,
campus mail, or electronic mail. Posting on an Internet website or an
Intranet website does not constitute a notice.
Official fall reporting date means that date (in the fall) on which
an institution must report fall enrollment data to either the State, its
board of trustees or governing board, or some other external governing
body.
Prospective employee means an individual who has contacted an
157
Appendix A
eligible institution for the purpose of requesting information
concerning employment with that institution.
Prospective student means an individual who has contacted an
eligible institution requesting information concerning admission to that
institution.
Undergraduate students, for purposes of Secs. 668.45 and 668.48
only, means students enrolled in a bachelor's degree program, an
associate degree program, or a vocational or technical program below the
baccalaureate.
(b) Disclosure through Internet or Intranet websites. Subject to
paragraphs (c)(2), (e)(2) through (4), or (g)(1)(ii) of this section, as
appropriate, an institution may satisfy any requirement to disclose
information under paragraph (d), (e), or (g) of this section for--
(1) Enrolled students or current employees by posting the
information on an Internet website or an Intranet website that is
reasonably accessible to the individuals to whom the information must be
disclosed; and
(2) Prospective students or prospective employees by posting the
information on an Internet website.
(c) Notice to enrolled students. (1) An institution annually must
distribute to all enrolled students a notice of the availability of the
information required to be disclosed pursuant to paragraphs (d), (e),
and (g) of this section, and pursuant to 34 CFR 99.7 (Sec. 99.7 sets
forth the notification requirements of the Family Educational Rights and
Privacy Act of 1974). The notice must list and briefly describe the
information and tell the student how to obtain the information.
(2) An institution that discloses information to enrolled students
as required under paragraph (d), (e), or (g) of this section by posting
the information on an Internet website or an Intranet website must
include in the notice described in paragraph (c)(1) of this section--
(i) The exact electronic address at which the information is posted;
and
(ii) A statement that the institution will provide a paper copy of
the information on request.
(d) General disclosures for enrolled or prospective students. An
institution must make available to any enrolled student or prospective
student, on request, through appropriate publications, mailings or
electronic media, information concerning--
(1) Financial assistance available to students enrolled in the
institution (pursuant to Sec. 668.42);
(2) The institution (pursuant to Sec. 668.43); and
(3) The institution's completion or graduation rate and, if
applicable, its
[[Page 471]]
transfer-out rate (pursuant to Sec. 668.45). In the case of a request
from a prospective student, the information must be made available prior
to the student's enrolling or entering into any financial obligation
with the institution.
(e) Annual security report. (1) Enrolled students and current
employees--annual security report. By October 1 of each year, an
institution must distribute, to all enrolled students and current
employees, its annual security report described in Sec. 668.46(b),
through appropriate publications and mailings, including--
(i) Direct mailing to each individual through the U.S. Postal
Service, campus mail, or electronic mail;
158
Appendix A
(ii) A publication or publications provided directly to each
individual; or
(iii) Posting on an Internet website or an Intranet website, subject
to paragraphs (e)(2) and (3) of this section.
(2) Enrolled students--annual security report. If an institution
chooses to distribute its annual security report to enrolled students by
posting the disclosure on an Internet website or an Intranet website,
the institution must comply with the requirements of paragraph (c)(2) of
this section.
(3) Current employees--annual security report. If an institution
chooses to distribute its annual security report to current employees by
posting the disclosure on an Internet website or an Intranet website,
the institution must, by October 1 of each year, distribute to all
current employees a notice that includes a statement of the report's
availability, the exact electronic address at which the report is
posted, a brief description of the report's contents, and a statement
that the institution will provide a paper copy of the report upon
request.
(4) Prospective students and prospective employees--annual security
report. The institution must provide a notice to prospective students
and prospective employees that includes a statement of the report's
availability, a description of its contents, and an opportunity to
request a copy. An institution must provide its annual security report,
upon request, to a prospective student or prospective employee. If the
institution chooses to provide its annual security report to prospective
students and prospective employees by posting the disclosure on an
Internet website, the notice described in this paragraph must include
the exact electronic address at which the report is posted, a brief
description of the report, and a statement that the institution will
provide a paper copy of the report upon request.
(5) Submission to the Secretary--annual security report. Each year,
by the date and in a form specified by the Secretary, an institution
must submit the statistics required by Sec. 668.46(c) to the Secretary.
(f) Prospective student-athletes and their parents, high school
coach and guidance counselor--report on completion or graduation rates
for student-athletes.
(1)(i) Except under the circumstances described in paragraph
(f)(1)(ii) of this section, when an institution offers a prospective
student-athlete athletically related student aid, it must provide to the
prospective student-athlete, and his or her parents, high school coach,
and guidance counselor, the report produced pursuant to Sec. 668.48(a).
(ii) An institution's responsibility under paragraph (f)(1)(i) of
this section with reference to a prospective student athlete's high
school coach and guidance counselor is satisfied if--
(A) The institution is a member of a national collegiate athletic
association;
(B) The association compiles data on behalf of its member
institutions, which data the Secretary determines are substantially
comparable to those required by Sec. 668.48(a); and
(C) The association distributes the compilation to all secondary
schools in the United States.
(2) By July 1 of each year, an institution must submit to the
Secretary the report produced pursuant to Sec. 668.48.
(g) Enrolled students, prospective students, and the public--report
on athletic program participation rates and financial support data.
(1)(i) An institution of higher education subject to Sec. 668.47 must,
159
Appendix A
not later than October 15 of each year, make available on request to
enrolled students, prospective students, and the public, the report
produced pursuant to Sec. 668.47(c). The institution must make the
report easily accessible to students, prospective students, and
[[Page 472]]
the public and must provide the report promptly to anyone who requests
it.
(ii) The institution must provide notice to all enrolled students,
pursuant to paragraph (c)(1) of this section, and prospective students
of their right to request the report described in paragraph (g)(1) of
this section. If the institution chooses to make the report available by
posting the disclosure on an Internet website or an Intranet website, it
must provide in the notice the exact electronic address at which the
report is posted, a brief description of the report, and a statement
that the institution will provide a paper copy of the report on request.
For prospective students, the institution may not use an Intranet
website for this purpose.
(2) An institution must submit the report described in paragraph
(g)(1)(i) of this section to the Secretary within 15 days of making it
available to students, prospective students, and the public.
(Approved by the Office of Management and Budget under control number
1845-0004 and 1845-0010)
(Authority: 20 U.S.C. 1092)
[64 FR 59066, Nov. 1, 1999]
160
APPENDIX B:
CHECKLIST FOR CLERY ACT COMPLIANCE
161
Appendix B
This page intentionally left blank.
162
Appendix B
Checklist for Clery Act Compliance
This list is designed to help you determine if you are meeting the various components of Clery Act
compliance. It is not a substitute for reading the handbook, as it provides only a brief description of the
activities to be undertaken by an institution. Remember, if your institution has any separate campuses
(Chapter 2), Clery Act requirements must be met for each one individually.
I. Development, Disclosure and Implementation of Security Policies
A. Mandatory for all institutions.
B. On-going basis throughout the year.
C. Your institution is required, per its Title IV Program Participation Agreement, to have a campus
security policy. Certain specific policy components are required by the Clery Act and are identified
in the handbook in Chapters 8 and 9. Your institution’s policy statements must accurately reflect
how the policies are currently implemented.
D. Do you have:
1. An individual or office designated to ensure that your institution’s security policies are
actively implemented as prescribed? ...............................................................................
II. Campus Security Authorities (Chapter 4)
A. Mandatory for all institutions.
B. On-going basis throughout the year.
C. In addition to campus police or security personnel, if applicable, your institution must identify
other individuals or offices with significant responsibility for student and campus activities.
Alleged crimes reported to these authorities are then reported by these authorities to campus police
or security, to local police, or to someone designated by the institution to collect such reports.
D. Do you have:
1. Designated campus security authorities who understand their functions and
responsibilities?................................................................................................................
2. A person or office responsible for overseeing campus security authorities and ensuring
the collection of crime reports?........................................................................................
III. Timely Warnings (Chapter 5)
A. Mandatory for all institutions.
B. On-going basis throughout the year.
C. Your institution must alert the campus community of any Clery Act crimes that are reported to
campus security authorities or local police and are considered to represent a serious or continuing
threat to students and employees.
D. Do you have:
1. A written timely warning policy? .....................................................................................
2. An individual or office responsible for issuing timely warnings? ....................................
3. One or more methods of disseminating timely warnings?................................................
4. Communication with local police requesting their cooperation in informing the
institution about crimes reported to them that may warrant timely warnings? ................
163
Appendix B
IV. The Daily Crime Log (Chapter 6)
A. Mandatory for all institutions that maintain a campus police or security department.
B. On-going basis throughout the year.
C. Your institution must disclose all alleged criminal incidents, including non-Clery Act crimes,
reported to the campus police or security department.
D. Do you have:
1. A hard copy or electronic crime log that records criminal incidents by the date
reported, and which includes:
a) The nature of the crime?.............................................................................................
b) The date and time the crime occurred? ......................................................................
c) The general location of the crime? .............................................................................
d) The disposition of the complaint, if known?..............................................................
2. Public access to the log? ...................................................................................................
3. An individual or individuals responsible for maintaining the log on a daily basis? .........
V. Statistics From Local Police (Chapter 4)
A. Mandatory for all institutions.
B. Periodic basis throughout the year.
C. Your institution must make a good-faith effort to collect crime statistics for all Clery Act crimes
committed in applicable geographic locations from all police agencies with jurisdiction for your
institution.
D. Do you have:
1. An individual or office responsible for requesting crime statistics from local and state
police? ..............................................................................................................................
2. Documentation of your institution’s efforts to obtain the statistics and documentation
of any noncompliance on behalf of the police? ................................................................
3. Statistics from all the appropriate police agencies with jurisdiction for your institution?
VI. Report to ED Via the Web-based Data Collection (Chapter 11)
A. Mandatory for all institutions.
B. Annually each fall per letter from ED.
C. Your institution is required to submit the crime statistics portion of the annual security report via
the ED Web site each year.
D. Do you have:
1. An individual or office designated to enter and submit the statistics?..............................
VII. Annual Security Report (Chapters 7 – 10)
A. Mandatory for all institutions.
B. Publish and distribute annually by Oct. 1 to all enrolled students and all employees. Provide notice,
as appropriate, to all prospective students and employees.
C. This report has two main parts:
1. Disclosure of crime statistics (by Clery Act geographic locations and by year reported).
a) Do you have:
(1) An individual or office responsible for collecting all crime reports from campus
security authorities and local police for inclusion in the annual security report?
164
Appendix B
(2) Crime statistics for:
Offenses
(a) Murder and non-negligent manslaughter ................................
(b) Negligent manslaughter ..........................................................
(c) Forcible sex offenses...............................................................
(d) Non-forcible sex offenses .......................................................
(e) Robbery...................................................................................
(f) Aggravated assault ..................................................................
(g) Burglary ..................................................................................
(h) Motor vehicle theft .................................................................
(i) Arson .......................................................................................
(j) Hate crimes ..............................................................................
Arrests
(k) Weapons possession ...............................................................
(l) Drug law ..................................................................................
(m) Liquor law .............................................................................
Referrals
(n) Weapons possession ...............................................................
(o) Drug law .................................................................................
(p) Liquor law...............................................................................
2. Disclosure of Policy Statements
(a) Do you have statements addressing:
(1) Procedures for reporting crimes and other emergencies, specifically including:
(a) Timely warnings?.........................................................................................
(b) Reporting crimes on a voluntary, confidential basis?..................................
(c) Preparing the annual security report?...........................................................
(d) Titles of persons or organizations to whom crimes should be reported?.....
(2) Policies concerning the security of, and access to, campus facilities, including
campus residences, and security considerations used in the maintenance of
campus facilities? ..............................................................................................
(3) Policies concerning campus law enforcement, specifically including:
(a) Enforcement authority of security personnel? .............................................
(b) Working relationship with state and local police agencies? ........................
(c) Arrest authority of security personnel?........................................................
(4) Policies and procedures encouraging accurate and prompt reporting of all
crimes to campus police and local police? ........................................................
(5) Policy encouraging pastoral and professional counselors, if allowed by
institution, to inform clients of voluntary, confidential crime reporting
procedures?........................................................................................................
(6) Programs to inform students and employees about campus safety procedures
and to encourage students and employees to be responsible for themselves
and others with regard to safety, specifically including:
(a) Types of programs?......................................................................................
(b) Frequency of programs? ..............................................................................
165
Appendix B
(7) Programs to inform students and employees about crime prevention?..............
(8) Policy concerning monitoring and recording student off-campus criminal
activity through local police, including student organizations with off-
campus housing? ...............................................................................................
(9) Alcohol policy? .................................................................................................
(10) Drug policy? ....................................................................................................
(11) Description of drug or alcohol abuse education programs (may cross-
reference HEA materials)? ..............................................................................
(12) Sexual assault programs to prevent sexual offenses and procedures if an
offense occurs, specifically including:
(a) Description of relevant educational programs?..........................................
(b) Procedures students should follow if sexually assaulted, specifically
including:
(i) Procedures regarding whom to contact? ................................................
(ii) Importance of preserving evidence? .....................................................
(iii) To whom the offense should be reported?...........................................
(13) Information on a student’s option to notify law enforcement authorities,
specifically including:
(a) Campus and local police?...........................................................................
(b) Statement that institution will assist the student with notification, if
desired? ......................................................................................................
(14) Notification to students of on-and-off campus sex offender victim services?
(15) Notification that institution will assist victim with changes in academic and
living arrangements if desired and if available? ..............................................
(16) Procedures for disciplinary action for alleged sex offenses, including a clear
statement that:
(a) Accuser and accused are entitled to same opportunities to have others
present during a disciplinary proceeding? ...............................................
(b) Accuser and accused must be informed of outcome of any institutional
disciplinary proceeding alleging a sex offense? ......................................
(17) Sanctions the institution may impose following a final determination of a
sex offense disciplinary proceeding?...............................................................
(18) Statement advising campus community where law enforcement agency
information provided by state concerning registered sex offenders may be
obtained?..........................................................................................................
Remember, if your institution does not have a policy,
procedure, practice, etc., for a category addressed
in the regulations, you must say so.
166
APPENDIX C:
CASE MANAGEMENT DIVISION CONTACT INFORMATION
167
Appendix C
This page intentionally left blank.
168
Appendix C
The School Eligibility Channel—Case Management Teams
Your Location
Point of Contact
Telephone No.
Fax No.
Alabama
Atlanta Team
(404) 562-6315
(404) 562-6321
Alaska
Seattle Team
(206) 615-2594
(206) 615-2508
American Samoa
San Francisco Team (415) 556-4295
(415) 437-8206
Arizona
San Francisco Team (415) 556-4295
(415) 437-8206
Arkansas
Dallas Team
(214) 880-3044
(214) 880-2462
California
San Francisco Team (415) 556-4295
(415) 437-8206
Canal Zone
New York Team
(212) 264-4022
(212) 264-5025
Colorado
Denver Team
(303) 844-3677
(303) 844-4695
Connecticut
Boston Team
(617) 223-9338
(617) 223-4305
Delaware
Philadelphia Team
(215) 656-6442
(215) 656-6499
District of Columbia
Philadelphia Team
(215) 656-6442
(215) 656-6499
Federated States of Micronesia San Francisco Team (415) 556-4295
(415) 437-8206
Florida
Atlanta Team
(404) 562-6315
(404) 562-6321
Georgia
Atlanta Team
(404) 562-6315
(404) 562-6321
Guam
San Francisco Team (415) 556-4295
(415) 437-8206
Hawaii
San Francisco Team (415) 556-4295
(415) 437-8206
Idaho
Seattle Team
(206) 615-2594
(206) 615-2508
Illinois
Chicago Team
(312) 886-8767
(312) 353-2836
Indiana
Seattle Team
(206) 615-2594
(206) 615-2508
Iowa
Kansas City Team
(816) 268-0410
(816) 823-1402
Kansas
Kansas City Team
(816) 268-0410
(816) 823-1402
Kentucky
Kansas City Team
(816) 268-0410
(816) 823-1402
Louisiana
Dallas Team
(214) 880-3044
(214) 880-2462
Maine
Boston Team
(617) 223-9338
(617) 223-4305
Maryland
Philadelphia Team
(215) 656-6442
(215) 656-6499
Massachusetts
Boston Team
(617) 223-9338
(617) 223-4305
Michigan
Denver Team
(303) 844-3677
(303) 844-4695
Minnesota
Chicago Team
(312) 886-8767
(312) 353-2836
Mississippi
Atlanta Team
(404) 562-6315
(404) 562-6321
Missouri
Kansas City Team
(816) 268-0410
(816) 823-1402
Montana
Denver Team
(303) 844-3677
(303) 844-4695
Nebraska
Kansas City Team
(816) 268-0410
(816) 823-1402
169
Appendix C
The School Eligibility Channel—Case Management Teams (continued)
Your Location
Point of Contact
Telephone No.
Fax No.
Nevada
San Francisco Team (415) 556-4295
(415) 437-8206
New Hampshire
Boston Team
(617) 223-9338
(617) 223-4305
New Jersey
New York Team
(212) 264-4022
(212) 264-5025
New Mexico
Dallas Team
(214) 880-3044
(214) 880-2462
New York
New York Team
(212) 264-4022
(212) 264-5025
North Carolina
Atlanta Team
(404) 562-6315
(404) 562-6321
North Dakota
Denver Team
(303) 844-3677
(303) 844-4695
Northern Marianas
San Francisco Team (415) 556-4295
(415) 437-8206
Ohio
Chicago Team
(312) 886-8767
(312) 353-2836
Oklahoma
Dallas Team
(214) 880-3044
(214) 880-2462
Oregon
Seattle Team
(206) 615-2594
(206) 615-2508
Pennsylvania
Philadelphia Team
(215) 656-6442
(215) 656-6499
Puerto Rico
New York Team
(212) 264-4022
(212) 264-5025
Republic of Palau
San Francisco Team (415) 556-4295
(415) 437-8206
Republic of the Marshall Islands San Francisco Team (415) 556-4295
(415) 437-8206
Rhode Island
Boston Team
(617) 223-9338
(617) 223-4305
South Carolina
Atlanta Team
(404) 562-6315
(404) 562-6321
South Dakota
Denver Team
(303) 844-3677
(303) 844-4695
Tennessee
Kansas City Team
(816) 268-0410
(816) 823-1402
Texas
Dallas Team
(214) 880-3044
(214) 880-2462
U.S. Virgin Islands
New York Team
(212) 264-4022
(212) 264-5025
Utah
Denver Team
(303) 844-3677
(303) 844-4695
Vermont
Boston Team
(617) 223-9338
(617) 223-4305
Virginia
Philadelphia Team
(215) 656-6442
(215) 656-6499
Washington
Seattle Team
(206) 615-2594
(206) 615-2508
West Virginia
Philadelphia Team
(215) 656-6442
(215) 656-6499
Wisconsin
Chicago Team
(312) 886-8767
(312) 353-2836
Wyoming
Denver Team
(303) 844-3677
(303) 844-4695
170
Appendix D:
Sample Map
171
Appendix D
172
Appendix D
To view a current, color version of this map, please visit http://www.jmu.edu/pubsafety/RTKtable.shtml.
Under the Right to Know Table of Contents, click on Map of Campus.
173
Appendix D
This page intentionally left blank.
174
Appendix E:
Additional FBI Guidance on Crime Classification
175
Appendix E
This page intentionally left blank.
176
Appendix E
UCR State Program Bulletin 02-1, March 2002
Scoring Offenses in Which “Date Rape” Drugs are Used
A local law enforcement agency recently asked for clarification on proper scoring, according to
UCR definitions, of two scenarios involving a date rape drug.
The Summary system defines forcible rape as “the carnal knowledge of a female forcibly and
against her will” (Uniform Crime Reporting Handbook, 1984, page 10).
The NIBRS definition of forcible rape is:
The carnal knowledge of a 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 because of his/her temporary or permanent
mental or physical incapacity (or because of his/her youth) (UCR
Handbook, NIBRS Edition, 1992, page 21).
Scenario #1: A male slipped a date rape drug into a woman’s drink. Before he could lure the
victim away from her friends, however, someone noticed what he had done and summoned the
police. A police officer found the drug and the identity of the suspect. He determined that the
suspect had administered the date rape drug with the intent to incapacitate the woman and
commit a sexual assault.
Because the offender used the date rape drug to physically incapacitate the woman and intended
to commit a sexual act “forcibly” and “against her will,” the reporting agency should classify the
offense as an attempted forcible rape. Agencies that report data via the Summary system should,
“Score one offense for each female raped or upon whom an assault to rape or attempt to rape has
been made” (UCR Handbook, 1984, page 10). Agencies that report data via NIBRS should
capture Data Element 6, UCR Offense Code, as 11A Forcible Rape, and enter Data Element 7,
Offense Attempted/Completed, as A = Attempted.
Scenario #2: An officer ascertained that a male had slipped a date rape drug into a woman’s
drink, but he was unable to determine the perpetrator’s intent.
Because the investigating officer was unable to determine the suspect’s intention, the incident
cannot be counted as an attempted rape. Since the UCR Program considers a date rape drug as a
poison and poisoning is among the offenses included in aggravated assault, this offense should
be classified as an aggravated assault. (See UCR Handbook, 1984, page 16.)
177
Appendix E
U.S. Department of Justice
Federal Bureau of Investigation
Clarksburg, WV 26306
March 10, 2000
(name deleted)
Director
University Police
George Washington University
University Police
2033 G Street, N.W.
Washington, DC 20052
Dear (name deleted):
Reference is made to your February 22, 2000, letter in which you requested assistance with
Uniform Crime Reporting (UCR) Program procedures. In your letter, you presented the
following scenario:
1. If a student living in a residence hall room with other students reports an item missing
from his/her room, some people are of the opinion that the incident should be recorded as a
theft and not as a burglary, because the other students in the room have the "opportunity"
to take the item.
Based on this scenario, the following are responses to your questions:
What is your opinion regarding this scenario? Classify this as Larceny or Burglary-
-unlawful entry --no force?
According to the scenario, if an item is missing from a structure and it is unknown who
took the item, the proper classification would be Burglary. Page 20 of the Federal Bureau
of Investigation's (FBI's) UCR Handbook defines Burglary--Breaking or Entering as
"the unlawful entry of a structure to commit a felony or a theft."
If, on the other hand, a resident having lawful access to the structure takes an item from
another resident, the proper classification would be Larceny--theft. Page 24 of the UCR
Handbook defines Larceny--theft as "the unlawful taking, carrying, leading, or riding
away of property from the possession or constructive possession of another."
Does the answer to this scenario change if the room is left unlocked or opened
versus being locked by the last person who left the room?
Page 21 of the FBI's UCR Handbook states,
5.a. Burglary--Forcible Entry
Count all offenses where force of any kind is used to unlawfully enter a structure
for the purpose of committing a theft or felony. This act includes entry by use of
178
Appendix E
tools, breaking windows; forcing windows, doors, transoms, or ventilators;
cutting screens, walls, or roofs; and where known, the use of master keys, picks,
unauthorized keys, celluloid, or other devices which leave no outward mark but
are used to force a lock. Burglary by concealment inside a building followed by
the exiting of the structure is included in this category.
5.b. Burglary--Unlawful Entry-No Force
The entry in these burglary situations involves no force and is achieved by use of
an unlocked door or window. The element of trespass to the structure is essential
in this classification, which includes thefts from open garages, open warehouses,
open or unlocked dwellings, and open or unlocked common basement areas in
apartment houses where entry is committed other than by the tenant who has
lawful access. If the area entered was one of open access, thefts from the area
would not involve an unlawful trespass and would be scored as larceny.
Again, when a resident having lawful access to a structure takes an item from another
resident, the proper classification would be Larceny--theft. However, if a person, other
than a resident, enters an unlocked structure (room), or one where the door was left open,
the proper classification would be Burglary--Unlawful Entry No Force.
2. If housekeeping and maintenance personnel have keys and are authorized to gain access
and did gain access during the time period of the theft, how would you classify the
incident?
5.a. Burglary--Forcible Entry
3. If a student lives alone in a residence hall room, it seems clearer to people that they
should follow the definitions of forcible entry, if the room was locked by the student or
unlawful entry--no force, if the student left the door unlocked. Is that a correct assessment?
As stated previously, offenses where force of any kind is used to unlawfully enter a
structure for the purpose of committing a theft or felony are classified as a Burglary--
Forcible Entry.
If entry is achieved by use of an unlocked door or window, the proper classification
would be Burglary--Unlawful Entry--No Force.
4. Is there anything else in the definition of burglary as listed in the UCR Handbook that
we should take into consideration when classifying incidents of larceny and burglary in
residence hall facilities?
By citing the reference material contained in the FBI's Uniform Crime Reporting
Handbook, I believe we have addressed all related concerns.
179
Appendix E
I am glad to provide you and your agency this information. I hope you find it helpful. If you have
any further questions, please contact (name deleted) at 304-625-2859 or 1-888-827-6427.
Sincerely yours,
[signed (name deleted)]
(name deleted)
Chief
Programs Support Section
Criminal Justice Information Services Division
INFORMAL NOTE
April 25, 2000
This is in reference to the attached response to (name deleted), Director, University Police,
George Washington University, dated March 10, 2000. (name deleted) was contacted by (name
deleted) of the Education/Training Services Unit. The following clarification was made to
scenario #l:
1. If a student living in a residence hall room with other students reports an item
missing from his/her room, some people are of the opinion that the incident should
be recorded as a theft and not as a burglary, because the other students in the room
have the "opportunity" to take the item.
Based on this scenario, the following are responses to your questions:
What is your opinion regarding this scenario? Classify this as Larceny or
Burglary-unlawful entry-no force?
According to the scenario, if an item is missing from a structure and it is
unknown who took the item, and the investigating officer has exhausted all
avenues leading toward the offense of Larceny--theft, then the proper
classification would be Burglary. Page 20 of the Federal Bureau of Investigation's
(FBI's) UCR Handbook defines Burglary-Breaking or Entering as "the
unlawful entry of a structure to commit a felony or a theft."
One has to be cognizant of the fact that especially in the college dormitory setting many
variables could be present. There is no "all encompassing" answer without first relying on the
discretion of the investigating officer. A decision on the proper classification should not be made
until all the facts are collected and analyzed. The whole premise of UCR is the application of
facts known in each case to the Index Crime definitions set forth in the FBI's UCR Handbook.
Attachments
Please refer to the response correspondence dated March 10, 2000, as the attachment.
Thank you in advance.
180
APPENDIX F:
SAMPLE STATISTICAL REPORTING TEMPLATES
181
Appendix F
This page intentionally left blank.
182
Appendix F
TEMPLATE A
OFFENSE
LOCATION
YEAR YEAR YEAR
ON
CAMPUS
**RESIDENTIAL
FACILITIES
MURDER / NON-NEGLIGENT
NONCAMPUS
MANSLAUGHTER
PUBLIC
PROPERTY
OPTIONAL
TOTAL
ON
CAMPUS
**RESIDENTIAL
FACILITIES
NEGLIGENT MANSLAUGHTER
NONCAMPUS
PUBLIC
PROPERTY
OPTIONAL
TOTAL
ON
CAMPUS
**RESIDENTIAL
FACILITIES
SEX OFFENSES, FORCIBLE
NONCAMPUS
PUBLIC
PROPERTY
OPTIONAL
TOTAL
ON
CAMPUS
**RESIDENTIAL
FACILITIES
SEX OFFENSES, NON-FORCIBLE
NONCAMPUS
PUBLIC
PROPERTY
OPTIONAL
TOTAL
ON
CAMPUS
**RESIDENTIAL
FACILITIES
ROBBERY
NONCAMPUS
PUBLIC
PROPERTY
OPTIONAL
TOTAL
ON
CAMPUS
**RESIDENTIAL
FACILITIES
AGGRAVATED ASSAULT
NONCAMPUS
PUBLIC
PROPERTY
OPTIONAL
TOTAL
ON
CAMPUS
**RESIDENTIAL
FACILITIES
BURGLARY
NONCAMPUS
PUBLIC
PROPERTY
OPTIONAL
TOTAL
ON
CAMPUS
**RESIDENTIAL
FACILITIES
MOTOR VEHICLE THEFT
NONCAMPUS
PUBLIC
PROPERTY
OPTIONAL
TOTAL
ON
CAMPUS
**RESIDENTIAL
FACILITIES
ARSON
NONCAMPUS
PUBLIC
PROPERTY
OPTIONAL
TOTAL
ON
CAMPUS
**RESIDENTIAL
FACILITIES
LIQUOR LAW ARRESTS
NONCAMPUS
PUBLIC
PROPERTY
OPTIONAL
TOTAL
ON
CAMPUS
LIQUOR LAW VIOLATIONS
**RESIDENTIAL
FACILITIES
REFERRED FOR DISCIPLINARY
NONCAMPUS
ACTION
PUBLIC
PROPERTY
OPTIONAL
TOTAL
ON
CAMPUS
**RESIDENTIAL
FACILITIES
DRUG LAW ARRESTS
NONCAMPUS
PUBLIC
PROPERTY
OPTIONAL
TOTAL
ON
CAMPUS
DRUG LAW VIOLATIONS
**RESIDENTIAL
FACILITIES
REFERRED FOR DISCIPLINARY
NONCAMPUS
ACTION
PUBLIC
PROPERTY
OPTIONAL
TOTAL
183
Appendix F
TEMPLATE A (continued)
OFFENSE
LOCATION
YEAR YEAR YEAR
ON
CAMPUS
**RESIDENTIAL
FACILITIES
ILLEGAL WEAPONS POSSESSION
NONCAMPUS
ARRESTS
PUBLIC
PROPERTY
OPTIONAL
TOTAL
ON
CAMPUS
ILLEGAL WEAPONS POSSESSION
**RESIDENTIAL
FACILITIES
VIOLATIONS REFERRED FOR
NONCAMPUS
DISCIPLINARY ACTION
PUBLIC
PROPERTY
OPTIONAL
TOTAL
**CRIMES REPORTED IN THE RESIDENTIAL FACILITIES COLUMN ARE INCLUDED IN THE ON-CAMPUS CATEGORY.
184
Appendix F
TEMPLATE B
ON
**RESIDENTIAL NONCAMPUS
PUBLIC
OPTIONAL
OFFENSE YEAR
CAMPUS
FACILITIES
PROPERTY
PROPERTY
TOTAL
PROPERTY
MURDER / NON-NEGLIGENT
MANSLAUGHTER
NEGLIGENT MANSLAUGHTER
SEX OFFENSES, FORCIBLE
SEX OFFENSES, NON-FORCIBLE
ROBBERY
AGGRAVATED ASSAULT
BURGLARY
MOTOR VEHICLE THEFT
ARSON
LIQUOR LAW ARRESTS
LIQUOR LAW VIOLATIONS
REFERRED FOR DISCIPLINARY
ACTION
DRUG LAW ARRESTS
DRUG LAW VIOLATIONS
REFERRED FOR DISCIPLINARY
ACTION
ILLEGAL WEAPONS POSSESSION
ARRESTS
ILLEGAL WEAPONS POSSESSION
VIOLATIONS REFERRED FOR
DISCIPLINARY ACTION
**CRIMES REPORTED IN THE RESIDENTIAL FACILITIES COLUMN ARE INCLUDED IN THE ON-CAMPUS CATEGORY.
185
186
A
ppendix F
TEMPLATE C
**RESIDENTIAL
ON CAMPUS
NONCAMPUS
PUBLIC PROPERTY
OPTIONAL TOTAL
FACILITIES
OFFENSE
YEAR YEAR YEAR YEAR YEAR YEAR YEAR YEAR YEAR YEAR YEAR YEAR YEAR YEAR YEAR
MURDER / NON-NEGLIGENT
MANSLAUGHTER
NEGLIGENT MANSLAUGHTER
SEX
OFFENSES,
FORCIBLE
SEX
OFFENSES,
NON-FORCIBLE
ROBBERY
AGGRAVATED
ASSAULT
BURGLARY
MOTOR VEHICLE THEFT
ARSON
LIQUOR LAW ARRESTS
LIQUOR LAW VIOLATIONS REFERRED
FOR DISCIPLINARY ACTION
DRUG LAW ARRESTS
DRUG LAW VIOLATIONS REFERRED
FOR DISCIPLINARY ACTION
ILLEGAL WEAPONS POSSESSION
ARRESTS
ILLEGAL WEAPONS POSSESSION
VIOLATIONS REFERRED FOR
DISCIPLINARY ACTION
OPTIONAL TOTAL
**CRIMES REPORTED IN THE RESIDENTIAL FACILTIES COLUMN ARE INCLUDED IN THE ON-CAMPUS CATEGORY.
TEMPLATE D
All On-Campus Property
Non-Campus Property
Public Property
On-Campus Residential Only
Reported Reported Reported
Reported Reported Reported
Reported Reported Reported
GRAND Reported Reported Reported
to UPD to MPD
to Non-
SUB-
to UPD
to MPD
to Non-
SUB-
to UPD to MPD
to Non-
SUB-
to UPD
to MPD
to Non- Section
TOTAL
Police TOTAL
Police TOTAL
Police TOTAL
Police TOTAL
1
2
3
1
2
3
1
2
3
1
2
3
Murder/Non-Negligent Manslaughter
Negligent Manslaughter
Robbery
Aggravated Assault
Motor Vehicle Theft
Arson
BURGLARY TOTAL
Forcible Burglary
Non-Forcible Burglary
Attempted Burglary
SEX OFFENSES, FORCIBLE
(TOTAL)
Forcible Rape
Forcible Sodomy
Sexual Assault with Object
Forcible Fondling
SEX OFFENSES, NON-FORCIBLE
(TOTAL)
Incest
Statutory Rape
Larceny**
N/A
N/A
N/A
N/A
Liquor Law Arrests
Liquor Law Violations Referred for
N/A
N/A
N/A
N/A
Disciplinary Action
Drug Law Arrests
Drug Law Violations Referred for
N/A
N/A
N/A
N/A
Disciplinary Action
Illegal Weapons Possession Arrests
Illegal Weapons Possession
Appendix E
Violations Referred for Disciplinary
N/A
N/A
N/A
N/A
Action
**Denotes statistics not required by law.
187
Appendix F
Crime Incident Report Form
This form should be completed by those individuals identified as “campus security authorities” who are
required to report information they receive about specified crimes (described below) pursuant to the
federal Clery Act. The information collected from these forms will be used to prepare a compilation of
statistical crime information that will be included in the campus’ Annual Security Report.
It is the policy of the University of California to ensure that victims and witnesses to crime are aware of
their right to report criminal acts to the police, and to report University policy violations to the appropriate
office (e.g., student conduct violations to the Office of Student Judicial Affairs). However, if a
reporting person requests anonymity, this request must be honored to the extent permitted by law.
Accordingly, no information should be included on this form that would personally identify the
victim without his/her consent.
Campus Police will use this form to determine the category of crime and location under which the crime
should be reported according to the requirements of the Clery Act. Please forward this completed form
to: [Chief of Campus Police Department] [Address].
Person Receiving Report: ____________________________ Phone Number: ________________
Report Made by:
______Victim
______Third Party Please identify relationship to victim: ______________________________________
Date and Time the Incident occurred: _____________________________________________________
Description of the incident or crime: ______________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
188
Appendix F
Location of Incident
Identify building name, address, etc.; be as specific as possible): ________________________________
___________________________________________________________________________________
The location where this incident occurred was:
______ On campus, but not in student housing
______ On campus student housing
______ Off-campus affiliated property (owned, controlled, or affiliated with the campus; e.g.,
leased property, fraternity, student co-op)
______ Off-campus public property immediately adjacent to campus
______ Off-campus, NOT affiliated with or not adjacent to campus
______ Unknown
Sex Offenses
Examples of sex offenses are rape, sodomy, sexual assault with an object, fondling, incest, and statutory
rape.
Was this crime a sexual offense ? ______ Yes ______ No
If yes, were the victim and the assailant acquainted? ______ Yes ______ No
If yes, were either the victim or the assailant under the influence of alcohol or drugs?
Victim:
______ No
Yes, alcohol ______
Yes, drugs _____
Assailant:
______ No
Yes, alcohol ______
Yes, drugs _____
Hate Crimes
Hate crime information is required to be reported for each of the following crimes (criminal homicide,
sex offense, robbery, aggravated assault, burglary, motor vehicle theft, and arson) and for any other
crime involving bodily injury.
Was this incident motivated by hate or bias? ______ Yes ; ______ No .
If yes, identify the category of prejudice:
______ Race
______ Ethnicity
______ National Origin
______ Religion
______ Disability
______ Sexual Orientation
If yes, provide a brief explanation of the determination: _______________________________________
Alcohol, Drug and Weapons Law Violations
Check all that apply:
______ Alcohol
______ Drugs
______ Weapons Describe: ________________
Number of individuals arrested or referred for campus disciplinary action: _______________________
189
Appendix F
This page intentionally left blank.
190
Appendix G:
Section 102(a)–(d) of the
Higher Education Act
191
Appendix G
This page intentionally left blank.
192
Appendix G
SEC. 120. DRUG AND ALCOHOL ABUSE PREVENTION.
(a) RESTRICTION ON ELIGIBILITY- Notwithstanding any other provision of law, no institution of
higher education shall be eligible to receive funds or any other form of financial assistance under any
Federal program, including participation in any federally funded or guaranteed student loan program,
unless the institution certifies to the Secretary that the institution has adopted and has implemented a
program to prevent the use of illicit drugs and the abuse of alcohol by students and employees that, at a
minimum, includes--
(1) the annual distribution to each student and employee of--
(A) standards of conduct that clearly prohibit, at a minimum, the unlawful possession,
use, or distribution of illicit drugs and alcohol by students and employees on the
institution’s property or as part of any of the institution’s activities;
(B) a description of the applicable legal sanctions under local, State, or Federal law for
the unlawful possession or distribution of illicit drugs and alcohol;
(C) a description of the health-risks associated with the use of illicit drugs and the abuse
of alcohol;
(D) a description of any drug or alcohol counseling, treatment, or rehabilitation or re-
entry programs that are available to employees or students; and
(E) a clear statement that the institution will impose sanctions on students and employees
(consistent with local, State, and Federal law), and a description of those sanctions, up to
and including expulsion or termination of employment and referral for prosecution, for
violations of the standards of conduct required by subparagraph (A); and
(2) a biennial review by the institution of the institution’s program to--
(A) determine the program’s effectiveness and implement changes to the program if the
changes are needed; and
(B) ensure that the sanctions required by paragraph (1)(E) are consistently enforced.
(b) INFORMATION AVAILABILITY- Each institution of higher education that provides the
certification required by subsection (a) shall, upon request, make available to the Secretary and to the
public a copy of each item required by subsection (a)(1) as well as the results of the biennial review
required by subsection (a)(2).
(c) REGULATIONS-
(1) IN GENERAL- The Secretary shall publish regulations to implement and enforce the
provisions of this section, including regulations that provide for--
(A) the periodic review of a representative sample of programs required by subsection
(a); and
(B) a range of responses and sanctions for institutions of higher education that fail to
implement their programs or to consistently enforce their sanctions, including
193
Appendix G
information and technical assistance, the development of a compliance agreement, and
the termination of any form of Federal financial assistance.
(2) REHABILITATION PROGRAM- The sanctions required by subsection (a)(1)(E) may
include the completion of an appropriate rehabilitation program.
(d) APPEALS- Upon determination by the Secretary to terminate financial assistance to any institution of
higher education under this section, the institution may file an appeal with an administrative law judge
before the expiration of the 30-day period beginning on the date such institution is notified of the decision
to terminate financial assistance under this section. Such judge shall hold a hearing with respect to such
termination of assistance before the expiration of the 45-day period beginning on the date that such appeal
is filed. Such judge may extend such 45-day period upon a motion by the institution concerned. The
decision of the judge with respect to such termination shall be considered to be a final agency action.
194
Index
Index
A
arson......................................................................24, 38–40
administrative division. See also separate campus............19
classifications of................................................. 38–40
aggravated assault..................................... 24, 31–33, 40, 78
counting.............................................................. 38, 76
classifications of ................................................. 32–33
definition of.............................................................. 38
counting ..............................................................32, 75
examples of .............................................................. 40
definition of ..............................................................31
hierarchy
rule,
exception to ...........................39–40, 78
examples
of...............................................................33
investigation of......................................................... 38
alcohol
assaults to murder. See also attempted crimes
arrests.
See under arrests, crimes disclosed under,
attempted murder. See also attempted crimes
liquor law violations
attempted crimes .............................................................. 79
policies.
See alcohol policies
referrals
for
disciplinary
action.
See under referrals for
disciplinary action, crimes disclosed under, liquor
B
law
violations
bias. See under hate crimes, categories of bias
alcohol policies
branch campus. See also separate campus ................. 19, 56
regarding
alcohol
abuse education ..........................100
burglary ...............................................11, 24, 34–36, 75, 78
sample
policy statement ..................................101
classifications of................................................. 35–36
regarding alcoholic beverages and enforcement
counting.........................................................34, 75, 78
of
laws
..................................................................99
definition of.............................................................. 34
sample
policy
statement ....................................99
examples of .............................................................. 36
annual security report.............. 4, 5, 6, 11, 82–83, 85, 87–88
in
dormitories ..................................................... 34–35
cite
for.........................................................................5
business day, definition of................................................ 69
description of ..........................................................113
disclosures
in
crime
statistics............................................. 81–83
C
policy
statements........................... 11, 85, 87–110
campus. See on-campus
distributing ..................................................... 111–114
campus police or security department ..4, 6, 9, 10–11, 49,
deadline for .....................................................111
67, 68, 71, 83, 92–
methods of .............................................. 112–113
94
recipients of............................................. 112–113
as
campus
security
authorities .........................5, 51, 85
notice ......................................................................112
crime log requirement ..........4, 6, 9, 10–11, 67, 68, 69
sample
notice ..................................................113
description of...................................................... 10–11
policy
statement on preparing ...................................88
patrol
jurisdiction of ................................................. 67
sample
policy
statement ..............................88,
90
policies
pertaining to .....................................11, 92–94
publishing ............................................... 5, 6, 111, 112
crime
reporting ................................................ 94
records
retention ............................................... 73, 114
sample
policy
statement............................ 94
separate campus ......................................................112
enforcement authority of ............................ 92–93
arrests...........................24, 44–46, 47, 48, 76–77, 78, 83, 84
sample
policy
statement
(arrest
authority) 92
cite
for.......................................................................44
sample
policy
statement
(no
arrest
counting ...................................... 44,
45, 46, 76–77, 78
authority) .............................................. 93
crimes
disclosed under..............................................44
sex
offender
information ........................................ 108
drug
law
violations, definition of .....................47
campus security authorities ............4, 5, 49–53, 61, 89, 114
illegal
weapons
possession, definition of ..........46
cite
for .................................................................. 5,
49
liquor
law
violations, definition of....................48
collecting
crime
reports from ......................4, 5, 52, 79
definition of ..............................................................45
definition of.....................................................5, 49–50
entering
statistics for................................... 82–83, 125
examples
of
who to include...................................... 50
examples
of
examples
of
who
not to include................................ 50
for
drug
law violations ......................................47
exemptions .............................................................. 51
for
illegal
weapons possession ..........................46
function of ................................................................ 50
for
liquor
law violations....................................48
good
faith ................................................................. 50
juveniles ..................................................................45
recommendations
with regard to ........................ 51–52
195
Index
residence
advisors,
residence assistants ....................50
institutions
exempt
from
maintaining ....... 11
sample
letter to.................................................... 52–53
maintaining......................................... 68–70
timely
warnings
and..................................................61
patrol jurisdiction of campus police or
campus security department. See campus police or security
security department............................... 67
department
required
information........................... 69–70
caveat, use of ........................................ 80, 81–82, 122, 128
sample
log................................................. 68
citation. See under arrests, definition of
state
crime log .................................... 67, 70
civil penalty for noncompliance..........................................7
unfounded crimes ..................................... 70
Clery Act. See Jeanne Clery Disclosure of Campus Security
withholding information ........................... 70
Policy and Campus Crime Statistics Act (Clery Act)
criminal incidents. See under reported crimes,
confidential reporting. See voluntary confidential reporting
definition of; crime log, criminal incidents to include
contract, written. See under third party, written contract
with
controlled by. See owned or controlled by
D
counselors. See pastoral counselor; professional counselor
daily crime log. See crime log
counting crimes.................24, 25, 26, 27, 31, 32, 34, 36, 38,
discretion, law enforcement officer............................ 76, 77
44, 45, 46, 75–81
disciplinary referrals. See referrals for disciplinary action
attempted crimes .......................................................79
distance education ............................................................ 20
distinct
operation, definition of.................................31
distinct operation, definition of See under counting crimes
officer
discretion .................................................76, 77
documentation................. 54, 55, 56, 68, 70, 76, 77, 81, 114
hierarchy rule (for multiple incidents) .... 39–40, 78–79
annual security report, supporting records........ 81, 114
exception to ................................................ 78–79
crime
log .......................................................54, 68, 70
zero,
use
of
........................................... 13, 17, 83, 122
record
keeping.................................................... 1, 3, 4
Crime Awareness and Campus Security Act.......................3
law
enforcement
officer discretion ..................... 76, 77
crimes. See the following individual crimes: criminal
local
police ......................................................... 55, 56
homicide, sex offenses, robbery, aggravated assault,
timely
warnings ...................................................... 114
burglary, motor vehicle theft, arson, hate crimes, arrests,
dormitories and residences for students. See also
and referrals for disciplinary action
geographic locations, dormitories or residential facilities
crimes involving bodily injury. See also hate crimes..24, 40
for students on-campus......................................13, 38, 82
criminal homicide ........................................... 24, 25–26, 39
as a subset of on-campus .................................... 13, 82
murder and non-negligent manslaughter....... 25–26, 78
cite
for .................................................................. 13
classifying .........................................................25
double counting, avoiding ................................................ 75
counting ......................................................25, 75
drug law violations. See under arrests, crimes disclosed
definition of.......................................................25
under; referrals for disciplinary action, crimes disclosed
examples of.......................................................26
under
negligent
manslaughter .........................................26
drug policies......................................................86, 100–101
classifying .........................................................26
addressed
in
annual security report .................100–101
counting ......................................................26, 75
regarding
drug
abuse education ...................... 101
definition of.......................................................26
regarding illegal drugs and enforcement
example of ........................................................26
of laws .................................................... 100
crime log................................. 4, 5, 6, 9, 10, 11, 67–71, 113
sample
statements............................................100, 101
annual
security
report, relation to..............................71
regarding
drug
abuse education ...................... 101
archiving .......................................................... 71, 114
regarding illegal drugs and enforcement
availability
of ............................................ 5, 6, 71, 113
of laws .................................................... 100
campus police or security department....... 6, 9, 11
cite
for..................................................... 4,10, 67
E
creating .............................................................68
criminal
incidents to include .............................68
entering statistics in the annual security
entries................................................................67
report ...........................................................13, 17, 82–83
additions
to, changes in .............................69
exchange programs, disclosing crimes for........................ 20
exceptions ........................................... 69–70
exemptions, reporting................................................. 51, 62
timeframe for ............................................69
pastoral
counselor............................................... 51, 62
updates to ..................................................70
professional
counselor........................................ 51, 62
geographic locations .................................67
timely
warnings ........................................................ 62
excluded crimes................................................................ 80
196
Index
F
good faith ................................................................... 23, 50
false or baseless crimes. See unfounded crimes
campus
security
authorities ................................ 23, 50
Family Educational Rights and Privacy Act
reported
crimes......................................................... 23
(FERPA) ....................................................... 63, 105, 109
good-faith effort. See under local and state police
disciplinary
proceedings and...................................105
sex
offender
information policy and .......................108
H
timely
warning and ...................................................63
handbook questions, e-mail address for ................. 2, 18, 35
FBI. See Federal Bureau of Investigation (FBI)
back
cover
Federal Bureau of Investigation (FBI) ..........................1, 44
hate crimes ...................... 11, 24, 40–44, 76, 78, 79, 84, 124
cite
for.......................................................................24
categories
of
prejudice...................................40–41, 84
Uniform Crime Reporting Handbook........................24
cautions
with regard to ....................................... 43–44
Uniform Crime Reporting Handbook,
cite for ...................................................................... 40
NIBRS
edition............................................... 27, 103
classification guidelines ..................................... 41–43
Hate Crime Data Collection Guidelines .............40, 41
counting.................................................................... 76
Training Guide for Hate Crime Data
crimes
involving
bodily injury ........................... 24, 40
Collection..............................................................41
definition of........................................................ 40–41
FERPA. See Family Educational Rights and Privacy Act
entering
statistics for ........................................ 84, 124
(FERPA)
geographic
location and...................................... 11, 40
field trips, disclosing crimes for........................................17
hierarchy
rule,
exception to ................................ 78, 79
foreign institutions, U.S.-owned ................................19, 56
health clinic ................................................................ 13, 50
fraternities....................................................... 12, 14, 98–99
hierarchy rule. See under counting crimes
monitoring of ............................................................98
policy
statement ................................................98
sample
policy statements ............................ 98–99
I
noncampus ..........................................................12, 14
International Association of College Law Enforcement
on
campus ...........................................................12, 14
Administrators (IACLEA).............................................. 1
illegal weapons possession. See under arrests, crimes
disclosed under; referrals for disciplinary action, crimes
G
disclosed under
geographic locations ....................................... 11–20, 82, 84
institutional policies, violation of ..................................... 44
cite
for.......................................................................11
crime
log
..................................................................67
dormitories or residential facilities for students
J
on-campus.............................................................13
Jeanne Clery Disclosure of Campus Security Policy and
hate
crimes.......................................................... 40–41
Campus Crime Statistics Act (Clery Act).................... 3–7
on
campus ..................................................... 11, 12–13
compliance
requirements for .................................. 3–6
cite
for...............................................................12
legislation ................................................................... 3
definition of.......................................................12
noncompliance with ................................................... 7
dormitories
and
residential
facilities
for
juveniles. See under arrests
students,
as
a subset of .............................. 13, 123
cite
for.......................................................13
examples of........................................... 12–13, 14
L
noncampus .................................................... 11, 13–17
cite
for...............................................................13
liquor law violations. See under arrests, crimes disclosed
definition of................................................. 13–14
under; referrals for disciplinary action, crimes disclosed
examples
of
what to include.................. 14, 15–16
under
examples
of
what not to include............ 14, 16–17
local and state police .................................................. 49, 50
patrol
jurisdiction
of campus police .........................67
cite
for ........................................................................ 4
public
property........................................ 11, 17–18, 20
good-faith
effort ................................4, 54, 55, 56, 121
cite
for...............................................................17
institutions
in
foreign countries ................................ 56
definition of.......................................................17
requesting
crime
statistics from...........54–56, 121, 126
parks
and
one
mile suggestion ..........................18
sample letter requesting crime statistics ................... 57
parking
facilities................................................18
timely
warning and............................................. 61, 62
197
Index
M
campus
law
enforcement .............................. 4, 92
map, use of........................................................................18
sample
policy
statement
(arrest
annual
security report................................................18
authority) ........................................ 92–93
separate campuses.....................................................18
sample
policy
statement (without arrest
mediation. See referrals for disciplinary action
authority) .............................................. 93
Megan’s laws. See sex offender registration information
crime
prevention programs............................... 97
motor vehicle theft.................................... 24, 36–38, 76, 78
sample
policy
statement............................ 97
classifications of .......................................................37
criminal
activity off campus ............................. 98
counting ..............................................................36, 76
sample
policy
statement
(police
definition of ..............................................................36
monitored) ............................................ 98
examples
of...............................................................38
sample policy statement (not police
murder or murder and non-negligent manslaughter. See
monitored) ............................................ 99
under criminal homicide
drug use .......................................................... 100
sample
policy statement.......................... 100
encouraging
accurate
and
prompt
crime
N
reporting ....................................................... 94
sample
policy
statement............................ 94
negligent manslaughter. See under criminal homicide
procedures
for counselors................................. 95
NIBRS See under Federal Bureau of Investigation (FBI)
sample
policy
statement
(confidential
noncampus. See under geographic locations
reporting) .............................................. 95
noncompliance. See under Jeanne Clery Disclosure of
sample
policy
statement
(no
confidential
Campus Security Policy and Campus Crime Statistics
reporting).................................................. 95
Act (Clery Act)
preparation
of
annual security report ................ 88
sample
policy
statement............................ 88
reporting
of
criminal offenses........................... 89
O
sample
policy
statement............................ 89
Office of Case Management and Oversight. See School
security
and
access ........................................... 91
Eligibility Channel
sample
policy
statement............................ 91
official, definition of.........................................................50
security
awareness programs ............................ 96
on-campus. See under geographic locations
sample
policy
statement............................ 96
owned or controlled by, definition of................................12
sex offenses, prevention and response to.103–105
sample
policy statement.......................... 107
sex
offender registration ................................. 108
P
sample
policy
statement
(on-site) ........... 109
parking facilities. See under geographic locations,
sample
policy
statement
(off-site)........... 110
public property
substance
abuse education.............................. 100
patrol jurisdiction of campus police or security department.
sample
policy statement.......................... 101
See under crime log
timely
warnings ................................................ 87
pastoral counselor ................................................. 51, 62, 95
sample
policy
statement............................ 87
preferred leasing ...............................................................17
voluntary
confidential reporting ................. 89, 90
professional counselor .......................................... 51, 62, 95
sample
policy
statement
(not
limited)....... 90
personally identifying information
sample
policy
statement
(limited)............. 90
cite
for,
prohibition of...............................................79
Program Participation Agreements, and Title IV ............... 9
timely
warning ..........................................................62
prospective employee..................................5, 112, 113, 114
police. See campus police or security department;
annual security report, distributing......5, 112, 113, 114
local and state police
definition of............................................................ 112
policy statements .............................................. 5, 9, 85–110
prospective student......................................5, 112, 113, 114
cite
for.......................................................................85
annual security report, distributing......5, 112, 113, 114
categories addressed in Annual Security
definition of............................................................ 112
Report ...................................................... 4, 87–110
public property. See under geographic locations
alcohol use ........................................................99
sample
policy
statement ............................99
198
Index
R
sample
policy statement ................................. 107
rape, forcible rape. See under sex offenses, forcible sex
NIBRS...................................................................... 27
offenses
non-forcible .............................................24, 29–30, 78
reasonably contiguous, definition of ................................12
classifications of ............................................... 29
referrals for disciplinary action.... 24, 44–48, 76–77, 78, 83,
counting...................................................... 27, 75
114
definition of ...................................................... 29
cite
for.......................................................................44
example of........................................................ 29
definition of ..............................................................45
sex offender registration information ......................108–109
counting .............................................................. 76–77
cite
for .................................................................... 108
crimes
disclosed under..............................................24
FERPA
and............................................................. 108
drug
law ...............................................................24
Megan’s
laws,
comparison with ............................. 108
counting ............................................................44
policy...................................................................... 108
definition of.......................................................47
sample
policy
statement (electronic link) ............... 110
illegal
weapons ....................................................24
sample
policy
statement (on-site access)................ 109
counting ............................................................46
sororities..........................................................12, 14, 98–99
definition of.......................................................46
monitoring of............................................................ 98
liquor law ..............................................................24
policy
statement................................................ 98
counting ............................................................45
sample
policy statements.................................... 98–99
definition of.......................................................48
noncampus.......................................................... 12, 14
example of ........................................................48
on-campus .......................................................... 12, 14
entering
statistics for......................................... 83, 125
state crime log. See under crime log
rented classroom space .....................................................20
statutory age of consent. See also under sex offenses,
reported crimes, definition of............................................23
non-forcible sex offenses........................................ 27, 29
residence halls. See dormitories and residence halls for
statutory rape. See also under sex offenses,
students
non-forcible sex offenses........................................ 27, 29
resident advisors, resident assistants. See under campus
student financial aid programs, examples of. See under
security authorities
Title IV eligibility
robbery...................................................... 24, 30–31, 75, 78
student teachers ................................................................ 16
classifications of .......................................................30
study abroad, disclosing crimes for .................................. 20
counting ............................................................31, 75
summons. See under arrests, definition of
definition of ..............................................................30
example
of ................................................................31
rumor, hearsay. See good faith
T
third party..............................................................12, 15, 23
crime
reports from.................................................... 23
S
written
contract with........................................... 12, 15
satellite location. See also separate campus ......................19
timely warning ..................................................4, 61–65, 87
School Eligibility Channel............................................9–10
cite
for .................................................................. 4,
61
security department. See campus police or security
crimes
exempt from.................................................. 62
department
decision
to issue ....................................................... 62
Security on Campus (SOC).................................................1
FERPA,
relation to ................................................... 63
separate campus .................................................. 19–20, 112
information
to include in .......................................... 62
annual
security report..............................................112
policy
statement on............................................. 61, 87
compliance................................................................19
sample
policy
statement ........................................... 87
crime
log ...................................................................71
sample
warnings................................................. 64–65
definition of ..............................................................19
Title IV eligibility ........................................................ 9, 10
map
for......................................................................18
deferment
only status................................................ 10
sex offenses......................................... 24, 27–29, 75, 78, 82
examples
of
student
financial aid programs ............... 9
forcible
sex
offenses ............................... 24, 27–28, 78
Program
Participation Agreement .............................. 9
classifications of.......................................... 27–29
traffic violations (moving)................................................ 68
counting ......................................................27, 75
trespass. See under burglary, classifications of
definition of.......................................................27
examples of................................................. 28–29
policy
statement regarding.............................. 103–105
199
Index
U
W
Unfounded crimes.......................................................70, 80
weapons, illegal possession of. See under arrests, crimes
Uniform Crime Reporting Handbook (UCR). See under
disclosed under; referrals for disciplinary action, crimes
Federal Bureau of Investigation (FBI)
disclosed under
Web-based data collection.........4, 5, 6, 52, 79, 80, 115–132
V
annual
submission cite................................................ 5
violations of law. See drug law violations; illegal weapons
description of.......................................................... 115
possession; liquor law violations
Help
Desk
contact information............................... 115
voluntary confidential reporting..................................90, 95
institution
identification ......................................... 119
policy statement regarding institutional
locking data ............................................................ 129
procedures for allowing ........................................90
login
information.............................................116–117
sample
policy
statement ............................90
password
information ..............................115, 117, 130
policy statement regarding procedures for pastoral and
printing ................................................................... 129
professional counselors.........................................95
registration.......................................................118, 130
sample
policy
statements...........................95
screening
questions................................................. 121
Web
site,
accessing .........................................115–117
withholding information. See under crime log
witness. See reported crimes, definition of
200
CrimeHandbookQuestions@ed.gov
U.S. DEPARTMENT OF EDUCATION
OFFICE OF POSTSECONDARY EDUCATION
Document Outline
- Cover Page
- Author Page
- Citation Page
- Contents
- Foreword
- Acknowledgments
- Section 1: An Overview of Clery Act Compliance
- Introduction
- Chapter 1. Whats This All About Anyway? A Brief History of the Clery Act and a Description of Compliance Regulations
- Chapter 2. Important Turns on the Road to Compliance: Campus Characteristics to Consider
- Section 2: Crime Data
- Chapter 3. Knowing What to Disclose: Classifying and Defining Clery Act Crimes
- Chapter 4. Where Do You Get All of This Information? Collecting Crime Data
- Section 3: Ongoing Disclosure Requirements
- Chapter 5. Alerting Your Campus to Threats: The Timely Warning
- Chapter 6. Writing It All Down: The Daily Crime Log
- Section 4: Annual Disclosure Requirements
- Chapter 7. Adding It All Up: How to Count Clery Act Crimes
- Chapter 8. Not Just a Numbers Game: Disclosing Information About Policies, Procedures and Programs
- Chapter 9. Special Considerations: Policies Regarding Sex Offenses and Offenders
- Chapter 10: Getting the Word Out: Distributing the Annual Security Report
- Chapter 11. Submitting Crime Statistics to the U.S. Department of Education: Web-Based Data Collection
- Appendix A: The Clery Act Regulations
- Appendix B: Checklist for Clery Act Compliance
- Appendix C: Case Management Division Contact Information
- Appendix D: Sample Map
- Appendix E: Additional FBI Guidance on Crime Classification
- Appendix F: Sample Statistical Reporting Templates
- Appendix G: Section 102(a)-(d) of the Higher Education Act
- Index
