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For UC Campus Management
What is the Clery Act?
The Jeanne Clery Disclosure of Campus Security Policy and Campus
Crime Statistics Act of 1998 is part of the Higher Education Act.
It requires institutions of higher education that receive federal
financial aid to report statistics on specified crimes on college
campuses and to provide other safety and crime information to members
of the campus community. This information must also be reported
to the federal Department of Education by October 1 of each year.
Each failure to comply with the reporting requirements may be punished
with a $25,000 fine, and egregious non-compliance may cause an institution
to lose all federal financial aid funds. For UC, federal financial
aid amounts to $400 million per year.
What does the Annual Security Report encompass?
The campus Annual Security Report must include statistics on eight
categories of crime reported to campus Police, Campus Security Authorities
(see below), and local police during the calendar year. Statistics
for these crimes must be broken down by geographic area: on campus,
in or on a non-campus building or property, and on public property
adjacent to the campus. The Annual Security Report must also include
statistics on hate crimes, to be reported by category of prejudice.
Note that federal regulations prescribe specific definitions of
the crimes, Campus Security Authorities, and the three categories
of geographic location.
In addition to crime statistics, the Annual Security Report must
describe specified campus policies related to campus security. The
campus must notify current and prospective students and employees
about the availability of the Annual Security Report and provide
information on how to request a copy of the report.
What are the ongoing operational requirements of the Clery Act?
When crimes occur that indicate danger to students and employees,
the Clery Act requires the campus Police Department to issue warnings
"in a manner that is timely and will aid in the prevention
of similar crimes." Campus Police must also maintain and permit
the public to view a daily crime log that contains specified information
about any and all crimes that occur within the patrol jurisdiction
of the campus Police and that is reported to the campus Police Department.
How can the campus best meet the requirements of the Clery Act?
Each campus must appoint a Clery Act Coordinator who is responsible
for compliance with the requirements of the Act. This person should
identify all Campus Security Authorities who are required to report,
ensure that they receive training, and coordinate their efforts
with those of the campus Police Department. The Clery Act Coordinator
should, on the dates required by The Clery Act, submit the Annual
Security Report to the Department of Education, make the report
available to the campus community (including through an easy-to-find
Web site), and notify current and prospective students and employees
of the availability of the report. The Clery Act Coordinator should
also serve as the spokesperson for the campus in interactions with
the Department of Education on matters related to the Clery Act.
The Office of the President has prepared a University of California
Clery Act Compliance Manual to guide the campuses and has conducted
training sessions for representatives of the UC Police Department
and Student Affairs offices from the ten campuses.
What policies must be included in the annual report?
The Clery Act requires the campus to report its policies and procedures
regarding campus security. The policies that must be included in
the report are:
1. Policies for Reporting Criminal Actions and Emergencies
2. Security and Access to Campus Facilities
3. Policies Concerning Law Enforcement
4. Programs Designed to Inform About Security Practices
5. Programs to Inform About Crime Prevention
6. Policies on Off-Campus Criminal Activity by Recognized Student
7. Policies on Alcoholic Beverages
8. Policies on Illegal Drugs
9. Drug or Alcohol Abuse Programs
10. Campus Sexual Assault Programs
11. Location of Registered Sex Offender Information
What crimes must be reported?
The annual crime report must include statistics on nine kinds of
crimes:
1. Criminal Homicide, both (A) Murder and Non-negligent Manslaughter
and (B) Negligent Manslaughter;
2. Sex offenses, both (A) Forcible Sex Offenses and (B) Non-Forcible
Sex Offenses;
3. Robbery;
4. Aggravated Assault;
5. Burglary;
6. Motor Vehicle Theft;
7. Arson;
8. Arrests and Disciplinary Referrals for liquor law violations,
drug law violations, and illegal weapons possession;
9. Hate Crimes.
Definitions of the crimes are contained in the University of California
Clery Act Compliance Manual. Campus Police have been trained in
classifying crimes according to these definitions of the crimes
and are responsible for ensuring that crimes are reported in the
correct categories.
What locations must be reported?
Crimes must be reported if they occur on campus, on public property
adjacent to and accessible from the campus; and in designated off-campus
locations, such as fraternity and sorority houses and off-campus
academic centers. Crimes that occur in residence halls must be broken
out from the total number of crimes that occur on campus. The Clery
Act Coordinator is responsible for ensuring that the campus requests
necessary information from local police departments.
Who should provide the information for the crime reports?
The Annual Security Report must include data from three sources:
the campus Police, local police agencies, and Campus Security Authorities.
Campus Police must keep records of crimes reported to them. In
addition, the campus must seek information from local police agencies
about alleged crimes reported to them that take place in the designated
areas,.
The Clery Act also requires that universities obtain information
from an array of other individuals to whom students and employees
may report an incident that may be a crime. As described below,
some of these individuals are defined as Campus Security Authorities
and must keep records of incidents that are reported to them, even
if these incidents cannot be confirmed and are not reported to the
police. Referrals for disciplinary action must be included when
they involve an incident that may be a crime. Campus Security Authorities
should report allegations of crimes that have been brought to their
attention to the unit designated by the campus Clery Act Coordinator
to gather this data. However, they must not identify the victim.
All those who contribute data to the Annual Security Report must
maintain files documenting the data they report.
Who is a Campus Security Authority?
In addition to the campus Police Department, the following are Campus
Security Authorities and must report:
- Individuals with Campus Security Responsibility-for example
parking information kiosk operators, parking enforcement staff,
bicycle patrol staff, campus safety escort staff, and campus security
staff for events held at campus theaters and spectator athletic
events held in campus facilities.
- Designated Individuals-any individual or organization identified
in the campus statement of Policies for Reporting Criminal Actions
and Emergencies as an individual or organization to which students
and employees should report criminal offenses. Campus administration
must assign responsibility for receiving such reports according
to local conditions. The statement must be included in the Annual
Security Report.
- Officials with Significant Responsibility for Student and Campus
Activities- campus officials who manage or otherwise oversee student
and campus activities, for example, staff responsible for campus
student housing, a student center, or student extra-curricular
activities; a director of athletics or a team coach; faculty advisors
to student groups; staff responsible for student discipline, and
campus judicial staff; and ombudspersons. Each campus must identify
these individuals. The Clery Act Coordinator is responsible for
ensuring that they are aware of their responsibilities and submit
periodic statistics on any crimes that have been reported to them.
Who is exempt from reporting?
Campus officials are exempt from reporting when they are acting
as a pastoral or professional counselor. For this purpose:
- A Pastoral Counselor is 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.
- A Professional Counselor is a person whose official responsibilities
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.
Other persons who have significant responsibility for campus and
student activities and counsel or advise students and employees
are not exempt from reporting, even if the counseling is confidential.
Who assists campuses in complying with the Clery Act?
Associate Vice President, Information Resources & Communications
William Campbell in the Office of the President is responsible for
maintaining the Clery Act Compliance Manual, arranging Universitywide
training when needed, and assisting in interpretation of Clery Act
requirements in specific situations. Contact Martha Winnacker at
(510) 987-0409 or by email at martha.winnacker@ucop.edu.
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