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For UC Campus Security Authorities
What is the Clery Act?
The Jeanne Clery Disclosure of Campus Security Policy and Campus
Crime Statistics Act of 1998 (referred to as the Clery Act) is part
of the Higher Education Act. It requires institutions of higher
education that receive federal financial aid to report specified
crime statistics on college campuses and to provide other safety
and crime information to members of the campus community. There
is a penalty of $25,000 for each violation of the regulations that
define the reporting requirements.
Who must report campus crime?
In addition to the campus Police Department, Campus Security
Authorities must report any crimes or incidents that may be crimes
that are reported to them. You are a Campus Security Authority if
you fit any the following descriptions:
- Individuals with Campus Security Responsibility-staff assigned
to security functions. 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. The statement
must 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 a student groups; staff responsible for student discipline;
campus judicial staff; and ombudspersons who receive complaints.
Each campus must identify these individuals. The Clery Act Coordinator
is responsible for ensuring that they are aware of their responsibilities
and report periodically.
If you are a Campus Security Authority you must report unless you
are one of those whom the regulations define as exempt.
Who is exempt from reporting?
You are exempt from reporting when you are acting as a pastoral
or professional counselor. For this purpose:
- A Pastoral Counselor is a person who (a) is associated with
a religious order or denomination, (b) is recognized by that religious
order or denomination as someone who provides confidential counseling,
and (c) is functioning within the scope of that recognition as
a pastoral counselor.
- A Professional Counselor is a person (a) whose official responsibilities
include providing mental health counseling to members of the institution's
community and (b) who is functioning within the scope of his or
her license or certification.
Other persons who have significant responsibility for student and
campus activities are not exempt from reporting if they counsel
or advise students and employees, even if they do so in confidence.
What crimes must I report?
The Annual Security Report must include statistics on nine types
of crime:
- Criminal Homicide - (A) Murder and Non-Negligent Manslaughter,
and (B) Negligent Manslaughter ;
- Sex Offenses - (A) Forcible Sex Offenses and (B) Non-Forcible
Sex Offenses;
- Robbery;
- Aggravated Assault;
- Burglary;
- Motor Vehicle Theft;
- Arson;
- Arrests and Disciplinary Referrals for liquor law violations,
drug law violations, and illegal weapons possession; and
- Hate Crimes.
Campus Police will ensure that crimes are properly classified.
How do I know what to report?
You must report all allegations of crimes that you determine are
made in good faith as a statistic that will be included in the Annual
Security Report. Although law enforcement personnel may conclude
after further investigation that some allegations are not substantiated
by the facts or the law, you must report information that is a reported
to you. Neither a formal police report nor an investigation is needed
in order for a crime report to be included in these statistics.
Definitions of the crimes are available in the University of California
Clery Act Compliance Manual. The campus Police Department has staff
trained in Clery reporting. They have the final responsibility for
assigning the crimes to the correct reporting categories and geographical
areas. Your responsibility is to provide as accurate and complete
a description as possible of what happened, including the location
and whether the victim or alleged perpetrator was a student.
What about confidentiality?
The crime statistics included in the Annual Security Report do not
include any information that would identify the victim or the person
accused of committing the crime. Your report to the Clery Act Coordinator
should not include personally identifying information.
If you are a pastoral counselor or professional counselor, when
you think it appropriate, you may tell a person you are counseling
about campus procedures for reporting crimes confidentially for
inclusion in the annual disclosure of crime statistics even if they
person does not want to press charges or participate in an investigation.
Procedures for reporting crimes confidentially must be included
in the Annual Security Report.
Where should I send reports?
You should report the crimes and disciplinary referrals that have
been brought to your attention to the person designated by the campus
Clery Act Coordinator. Each campus has its own procedures for reporting.
You should contact your campus Clery Act Coordinator to find out
about the format and timing of reports.
The campus Police Department is responsible for gathering the data
for all crimes reported to it and for soliciting information from
local police agencies concerning crimes reported to them that must
be included in the reports.
The campus Clery Act Coordinator will consolidate the data from
all these sources, report to the federal Department of Education,
publish the Annual Security Report, and inform the campus community
where the report is available.
Where can I get more information and advice?
You can get more information from your campus Clery Act Coordinator.
The campus Police Department will assist you if you do not know
who your Coordinator is or if you need help in reporting.
The Annual Security Report is available on your campus web site
and you may request a hard copy from the campus Police Department.
This report includes statements that cover who must report and what
the procedures are for confidential reporting.
Both the campus Clery Act Coordinator and the campus Police Department
have copies of the University of California Clery Act Compliance
Manual and can seek guidance from UCOP if necessary. They also can
provide campus procedures and forms, which contain simpler instructions
that are suitable for most purposes.
NOTE:
This guidance to Campus Security Authorities will be more useful
if you provide information about your campus Clery Act Coordinator
in the last two sections on page 3. You may obtain an electronic
copy of this document from connie.geraghty@ucop.edu.
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