The Clery Act

1. The Clery Act 20 USC 1092f BACK FWD END

2. The Clery Act: Overview In April 1986, Jeanne Clery was raped and murdered inside of her dorm room at Lehigh University by another student. Her parents believe she would have been more cautious if she had known about other violent crimes at Lehigh. The parents of Jeanne Clery championed the act known as Disclosure of Campus Security Policy. This federal law requires colleges and universities receiving federal funding to prepare, publish, and distribute, by October 1 of each year, campus security policies and crime statistics in addition to maintaining a daily crime log for public inspection. These campus security policies and crime statistics must be distributed through appropriate publications or mailings, to all current students and employees, and made available to any applicant for enrollment or employment upon request. The Clery Act designates certain campus authorities to gather and publish data regarding certain crimes and to provide victim support services.

3. The act requires that the crime be reported for the calendar year in which it was first reported to a Campus Security Authority – not when it occurred, nor when it was reported to police. What crimes must be reported ? The Clery Act mandates reporting of the following crimes occurring on campus or on college owned or managed property to campus security authorities or local police: • murder; negligent and non-negligent manslaughter • sex offenses, forcible or non-forcible; • robbery; • aggravated assault; • burglary; • motor vehicle theft; • manslaughter; • arson; and • arrests or persons referred for campus disciplinary action for liquor law violations, drug-related violations, and weapons possession; and for the crimes described in sections 1 through 8 in which the victim is intentionally selected because of the actual or perceived race, gender, religion, sexual orientation, ethnicity, or disability of the victim that are reported to campus security authorities or local police agencies. This data shall be collected and reported according to category of prejudice (Hate Crimes). Each campus security department is responsible for classifying crimes in accordance with Clery Act definitions and for determining whether the crime is subject to Clery Act reporting requirements. (59 Fed. Reg. 22315, 318 [April 29, 1994])

4. Locations on which crimes must be reported Crimes occurring on campus locations must be reported under the Clery Act. Non-campus crimes and crimes on public property are not reportable. Campus – (i) any building or property owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of, or in a manner related to, the institution's educational purposes, including residence halls; and (ii) any building or property that is within or reasonably contiguous to the area identified in paragraph (i) of this definition, that is owned by the institution but controlled by another person, is frequently used by students and supports institutional purposes (such as a food or other retail vendor). Housing – Residence Halls or other college-owned or managed residences. Non-Campus – (i) Any building or property owned or controlled by a student organization that is officially recognized by the institution; or (ii) any building or property owned or controlled by an institution that is used in direct support of, or in relation to the institution's educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the institution. Public Property–"public property" is defined by the Clery Act regulations as all public property including thoroughfares, streets, sidewalks, and parking facilities that is within the campus, or immediately adjacent to and accessible from the campus. Included is the sidewalk across the street from your campus, but do not include public property beyond the sidewalk. The Seminary works with the local police departments to obtain crime statistics for these areas. While this may take extra time and coordination, the collaborative effort will increase the safety of the Seminary and neighborhood.

5. Who is required to Report Crimes? Campus Security Authorities are required to report criminal acts as outlined in the Clery Act. The law defines four categories of Campus Security Authority: Campus Police Officers Non-police security staff responsible for monitoring campus property People/offices designated under our policy as those to whom/which crimes should be reported “Officials with significant responsibility for student and campus activities” Campus Security Authorities are defined by function, not title. They have Significant responsibility for student and campus activities and contact with students. “Campus security authorities” include faculty advisors to student organizations, athletic team coaches, members of the security department, the Dean of Students and Instructional Support Services, the Dean of Financial and Administrative Services, the Director of Student Life, and the Coordinator of Intramural and Intercollegiate Athletics. Who is not a Campus Security Authority ? Administrative staff not responsible for students (e.g., payroll, facilities), clerical staff, Individual faculty who do NOT serve as advisors to registered student organizations, doctors in the Student Health Center, or Counselors in the Counseling Center, who only provide care to individual students.

6. Campus Security Authorities Responsibilities: CSA If someone tells a CSA about a crime or an incident that may be a crime, the information must be recorded on a report. When reporting a crime, the victim’s identity will not be revealed unless the victim gives permission. If the person does NOT want to report the crime to police, the incident may be required to be reported as an anonymous statistic, but will not identify anyone involved. Get the facts of the incident. Campus security or the police will determine its validity and will categorize the report. Remember – you do not have to prove what happened or who is at fault nor are you to find the perpetrator. Your task is to receive the information the person is willing to give you. Describe the options by informing the person about the confidential reporting process through the Campus Violence Protection Program. Offer referrals to campus and other resources, including Campus victims’ assistance programs for sexual assault and other crimes as well as available medical treatment and counseling services for students and staff. Referral information packets are available from the Public Safety Department

7. Timely Warning Requirements • 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 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. 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. Warnings may be issued by: Internet Campus Posts Or any combination thereof.

8. Annual Report & Campus Safety Policies The Seminary’s annual safety report includes statistics for the previous three years concerning reported crimes that occurred on campus, in property owned or controlled by the Seminary and on public property immediately adjacent to and accessible from the campus. The report also includes institutional policies concerning campus security, alcohol and drug use, crime prevention, the reporting of crimes and other required material. A copy of this report can be obtained by contacting the Department of Safety and Security at 610-785-6238 or downloaded from our web site. Nicholas M. Mancini Director of Safety and Security, Saint Charles Borromeo Seminary