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Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act

20 USC § 1092 (f)(18)

F. Disclosure of campus security policy and campus crime statistics

1. Each eligible institution participating in any program under this subchapter and part C of subchapter I of chapter 34 of title 42, other than a foreign institution of higher education, shall on August 1, 1991, begin to collect the following information with respect to campus crime statistics and campus security policies of that institution, and beginning September 1, 1992, and each year thereafter,prepare, publish, and distribute, through appropriate publications or mailings, to all current students and employees, and to any applicant for enrollment or employment upon request, an annual security report containing at least the following information with respect to the campus security policies and campus crime statistics of that institution:
   
   
   1. A statement of current campus policies regarding procedures and facilities for students and others to report criminal actions or other emergencies occurring on campus and policies concerning the institution's response to such reports.
      
      
   2. A statement of current policies concerning security and access to campus facilities, including campus residences, and security considerations used in the maintenance of campus facilities.
      
      
   3. A statement of current policies concerning campus law enforcement, including -
      
      
      1. the law enforcement authority of campus security personnel;
      2. the working relationship of campus security personnel with State and local law enforcement agencies, including whether the institution has agreements with such agencies, such as written memoranda of understanding, for the investigation of alleged criminal offenses; and
      3. policies which encourage accurate and prompt reporting of all crimes to the campus police and the appropriate law enforcement agencies.
         
         
   4. A description of the type and 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.
      
      
   5. A description of programs designed to inform students and employees about the prevention of crimes.
      
      
   6. Statistics concerning the occurrence on campus, in or on noncampus buildings or property, and on public property during the most recent calendar year, and during the 2 preceding calendar years for which data are available -
      
      
      1. of the following criminal offenses reported to campus security authorities or local police agencies:
         1. murder;
         2. sex offenses, forcible or nonforcible;
         3. robbery;
         4. aggravated assault;
         5. burglary;
         6. motor vehicle theft;
         7. manslaughter;
         8. arson; and
         9. arrests or persons referred for campus disciplinary action for liquor law violations, drug-related violations, and weapons possession; and
      2. of the crimes described in subclauses (I) through (VIII) of clause (i), of larceny-theft, simple assault, intimidation, and destruction, damage, or vandalism of property, and of other crimes involving bodily injury to any person, 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, which data shall be collected and reported according to category of prejudice.
         
         
   7. A statement of policy concerning the monitoring and recording through local police agencies of criminal activity at off-campus student organizations which are recognized by the institution and that are engaged in by students attending the institution, including those student organizations with off- campus housing facilities.
      
      
   8. A statement of policy regarding the possession, use, and sale of alcoholic beverages and enforcement of State underage drinking laws and a statement of policy regarding the possession, use, and sale of illegal drugs and enforcement of Federal and State drug laws and a description of any drug or alcohol abuse education programs as required under section 1011i of this title.
      
      
   9. A statement advising the campus community where law enforcement agency information provided by a State under section 14071(j) of title 42, concerning registered sex offenders may be obtained, such as the law enforcement office of the institution, a local law enforcement agency with jurisdiction for the campus, or a computer network address.
      
      
   10. A statement of current campus policies regarding immediate emergency response and evacuation procedures, including the use of electronic and cellular communication (if appropriate), which policies shall include procedures to -
       
       
       1. immediately notify the campus community upon the confirmation of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or staff occurring on the campus, as defined in paragraph (6), unless issuing a notification will compromise efforts to contain the emergency;
       2. publicize emergency response and evacuation procedures on an annual basis in a manner designed to reach students and staff; and
       3. test emergency response and evacuation procedures on an annual basis.
          
          
2. Nothing in this subsection shall be construed to authorize the Secretary to require particular policies, procedures, or practices by institutions of higher education with respect to campus crimes or campus security.
   
   
3. Each institution participating in any program under this subchapter and part C of subchapter I of chapter 34 of title 42, other than a foreign institution of higher education, shall make timely reports to the campus community on crimes considered to be a threat to other students and employees described in paragraph (1)(F) that are reported to campus security or local law police agencies. Such reports shall be provided to students and employees in a manner that is timely and that will aid in the prevention of similar occurrences.
   
   
4. 1. Each institution participating in any program under this subchapter and part C of subchapter I of chapter 34 of title 42, other than a foreign institution of higher education, that maintains a police or security department of any kind shall make, keep, and maintain a daily log, written in a form that can be easily understood, recording all crimes reported to such police or security department, including –
      
      
      1. the nature, date, time, and general location of each crime; and
      2. the disposition of the complaint, if known.
         
         
   2.  
      1. All entries that are required pursuant to this paragraph shall, except where disclosure of such information is prohibited by law or such disclosure would jeopardize the confidentiality of the victim, be open to public inspection within two business days of the initial report being made to the department or a campus security authority.
      2. If new information about an entry into a log becomes available to a police or security department, then the new information shall be recorded in the log not later than two business days after the information becomes available to the police or security department.
      3. If there is clear and convincing evidence that the release of such information would jeopardize an ongoing criminal investigation or the safety of an individual, cause a suspect to flee or evade detection, or result in the destruction of evidence, such information may be withheld until that damage is no longer likely to occur from the release of such information.
         
         
5. On an annual basis, each institution participating in any program under this subchapter and part C of subchapter I of chapter 34 of title 42, other than a foreign institution of higher education, shall submit to the Secretary a copy of the statistics required to be made available under paragraph (1)(F). The Secretary shall -
   
   
   1. review such statistics and report to the authorizing committees on campus crime statistics by September 1, 2000;
   2. make copies of the statistics submitted to the Secretary available to the public; and
   3. in coordination with representatives of institutions of higher education, identify exemplary campus security policies, procedures, and practices and disseminate information concerning those policies, procedures, and practices that have proven effective in the reduction of campus crime.
      
      
6. 1. In this subsection: 
      
      
      1. The term "campus" means –
         1. any building or property owned or controlled by an institution of higher education within the same reasonably contiguous geographic area of the institution and used by the institution in direct support of, or in a manner related to, the institution's educational purposes, including residence halls; and
         2. property within the same reasonably contiguous geographic area of the institution that is owned by the institution but controlled by another person, is used by students, and supports institutional purposes (such as a food or other retail vendor).
      2. The term "noncampus building or property" means –
         1. any building or property owned or controlled by a student organization recognized by the institution; and
         2. any building or property (other than a branch campus) owned or controlled by an institution of higher education that is used in direct support of, or in relation to, the institution's educational purposes, is used by students, and is not within the same reasonably contiguous geographic area of the institution.
      3. The term "public property" means all public property that is within the same reasonably contiguous geographic area of the institution, such as a sidewalk, a street, other thoroughfare, or parking facility, and is adjacent to a facility owned or controlled by the institution if the facility is used by the institution in direct support of, or in a manner related to the institution's educational purposes.
         
         
   2. In cases where branch campuses of an institution of higher education, schools within an institution of higher education, or administrative divisions within an institution are not within a reasonably contiguous geographic area, such entities shall be considered separate campuses for purposes of the reporting requirements of this section.
      
      
7. The statistics described in paragraph (1)(F) shall be compiled in accordance with the definitions used in the uniform crime reporting system of the Department of Justice, Federal Bureau of Investigation, and the modifications in such definitions as implemented pursuant to the Hate Crime Statistics Act. Such statistics shall not identify victims of crimes or persons accused of crimes.
   
   
8. 1. Each institution of higher education participating in any program under this subchapter and part C of subchapter I of chapter 34 of title 42, other than a foreign institution of higher education, shall develop and distribute as part of the report described in paragraph (1) a statement of policy regarding –
      
      
      1. such institution's campus sexual assault programs, which shall be aimed at prevention of sex offenses; and
      2. the procedures followed once a sex offense has occurred.
         
         
   2. The policy described in subparagraph (A) shall address the following areas:
      
      
      1. Education programs to promote the awareness of rape, acquaintance rape, and other sex offenses.
      2. Possible sanctions to be imposed following the final determination of an on-campus disciplinary procedure regarding rape, acquaintance rape, or other sex offenses, forcible or nonforcible.
      3. Procedures students should follow if a sex offense occurs, including who should be contacted, the importance of preserving evidence as may be necessary to the proof of criminal sexual assault, and to whom the alleged offense should be reported.
      4. Procedures for on-campus disciplinary action in cases of alleged sexual assault, which shall include a clear statement that –
         1. the accuser and the accused are entitled to the same opportunities to have others present during a campus disciplinary proceeding; and
         2. both the accuser and the accused shall be informed of the outcome of any campus disciplinary proceeding brought alleging a sexual assault.
      5. Informing students of their options to notify proper law enforcement authorities, including on-campus and local police, and the option to be assisted by campus authorities in notifying such authorities, if the student so chooses.
      6. Notification of students of existing counseling, mental health or student services for victims of sexual assault, both on campus and in the community.
      7. Notification of students of options for, and available assistance in, changing academic and living situations after an alleged sexual assault incident, if so requested by the victim and if such changes are reasonably available.
         
         
   3. Nothing in this paragraph shall be construed to confer a private right of action upon any person to enforce the provisions of this paragraph.
      
      
9. The Secretary shall provide technical assistance in complying with the provisions of this section to an institution of higher education who requests such assistance.
   
   
10. Nothing in this section shall be construed to require the reporting or disclosure of privileged information.
    
    
11. The Secretary shall report to the appropriate committees of Congress each institution of higher education that the Secretary determines is not in compliance with the reporting requirements of this subsection.
    
    
12. For purposes of reporting the statistics with respect to crimes described in paragraph (1)(F), an institution of higher education shall distinguish, by means of separate categories, any criminal offenses that occur –
    
    
    1. on campus;
    2. in or on a noncampus building or property;
    3. on public property; and
    4. in dormitories or other residential facilities for students on campus.
       
       
13. Upon a determination pursuant to section 1094(c)(3)(B) of this title that an institution of higher education has substantially misrepresented the number, location, or nature of the crimes required to be reported under this subsection, the Secretary shall impose a civil penalty upon the institution in the same amount and pursuant to the same procedures as a civil penalty is imposed under section 1094(c)(3)(B) of this title.
    
    
14. 1. Nothing in this subsection may be construed to –
       
       
       1. create a cause of action against any institution of higher education or any employee of such an institution for any civil liability; or
       2. establish any standard of care.
          
          
    2. Notwithstanding any other provision of law, evidence regarding compliance or noncompliance with this subsection shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity, except with respect to an action to enforce this subsection.
       
       
15. The Secretary shall annually report to the authorizing committees regarding compliance with this subsection by institutions of higher education, including an up-to-date report on the Secretary's monitoring of such compliance.
    
    
16. The Secretary may seek the advice and counsel of the Attorney General concerning the development, and dissemination to institutions of higher education, of best practices information about campus safety and emergencies.
    
    
17. Nothing in this subsection shall be construed to permit an institution, or an officer, employee, or agent of an institution, participating in any program under this subchapter and part C of subchapter I of chapter 34 of title 42 to retaliate, intimidate, threaten, coerce, or otherwise discriminate against any individual with respect to the implementation of any provision of this subsection.
    
    
18. This subsection may be cited as the "Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act".

Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act

Pub. L. 89-329, title IV, Sec. 485(f), as added Pub. L. 101-542, title II, Sec. 204(a), Nov. 8, 1990, 104 Stat. 2385 (20 U.S.C. 1092(f))

Short title, see 20 U.S.C. 1092(f)(18)

Clery Act Crime Definitions
Murder and Non-negligent Manslaughter	The willful (non-negligent) killing of one human by another.
Negligent Manslaughter	The killing of another person through gross negligence.
Sexual Offense, Forcible	Any sexual act directed against another person, forcible and/or against that person's will; or not forcible or against the person's will where the victim is incapable of giving consent.
forcible rape 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). forcible sodomy Oral or anal sexual intercourse with another person, forcibly and/or against that person's will; or not forcibly 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 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 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. forcible fondling 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 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 Offense, Non-Forcible	Unlawful, non-forcible sexual intercourse (incest and statutory rape)
incest non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. statutory rape non-forcible sexual intercourse with a person who is under the statutory age of consent.
Robbery	The taking or attempting to take anything of value from the care, custody, or control of another by force or threat of force or violence and/or putting the victim in fear
Assault, Aggravated	An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault is usually accompanied by the use of a weapon or by means likely to produce death or great bodily harm.
Burglary	The unlawful entry of a structure to commit a felony or theft.
Motor Vehicle Theft	The theft or attempted theft of a motor vehicle.
Arson	Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft or personal property of another.
Hate Crimes	Any crime involving bodily injury or any above mentioned offenses that shows evidence of prejudice based on race, gender, religion, sexual orientation, ethnicity or disability, national origin or gender identity.  Any hate crimes will be listed on the annual crime report by the category of prejudice.
Liquor Law Violations	The violation of State laws prohibiting the manufacture, sale, purchase, transporting, furnishing, and possessing intoxicating liquor.
Drug Law Violations	The violation of State laws prohibiting the production, possession, sale, use, growth, manufacturing and making of any controlled drug or narcotic substance. As of 2004, the State of Alaska has decriminalized the possession of less than half a pound of marijuana in a private residence. °®ÎÛ´«Ã½ Residence Halls are considered private residences and marijuana possession incidents are not included in 2004 crime statistics and beyond as they are not a violation of State laws. These statistics will probably still be reflected in Administrative Disciplinary Referrals, as they are still against UAF policy.
Weapons Violations	The violation of State laws prohibiting the manufacture, sale or possession of deadly weapons. Concealing a weapon such as a firearm or switchblade knife would be reported under this category.
Administrative Disciplinary Referrals	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. Violations of °®ÎÛ´«Ã½ policy that are not violations of State law fall into this category.

 

New Violence Against Women Act  Amendments to Clery Reporting Definitions
Dating Violence	Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. Where the existence of such a relationship shall be determined based on the following factors: The length of the relationship The type of relationship The frequency of interaction between the persons involved in the relationship
Domestic Violence	A felony or misdemeanor crime of violence committed: By a current or former spouse or intimate partner of the victim By a person with whom the victim shares a child in common By a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner By a person similarly situated to a spouse of the victim under the domestic or family laws of the jurisdiction in which the crime of violence occurred By any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
Stalking (includes cyberstalking)	Engaging in a course of conduct directed at a specific person that would cause a reasonable person to: Fear for the person’s safety or the safety of others; or Suffer substantial emotional distress

 

Campus Crime and Fire Statistics

The °®ÎÛ´«Ã½ campus crime statistics are compiled by the °®ÎÛ´«Ã½ Office of Rights, Compliance and Accountability.

The °®ÎÛ´«Ã½ Police also provide a daily crime log. This log is available to the public and is found at the °®ÎÛ´«Ã½ Police Department during normal business hours.

Campus fire statistics are provided by the °®ÎÛ´«Ã½ Fire department.

The crime and fire statistics are based on a calendar year (January through December), not an academic year. The statistics are also entered into the Department of Education website. This is a federal requirement and is a means for the government to track compliance with governmental regulations (the Clery Act). The Clery Act requires that all staff, faculty and students have access to these statistics. The statistics are published as part of the Annual Security and Safety report and maintained by the Office of Rights, Compliance and Accountability. A printed copy is available upon request from the Office of Rights, Compliance and Accountability.