THE$CLERY$ACT:$101$FOR - WordPress.com · 2013(–Cornell(College: ... (ﬁrmly(and(repeatedly(againstthatmetaphorical(wall(of(brick.(Includes ... (adeterminaon(of(malicious(burning.(The&Clery&Act’s

THE CLERY ACT: 101 FOR CAMPUS LAW ENFORCEMENT

Presenter: Ed Purchase, MPA University Public Safety Opera<ons and Clery Act Training Coordinator

UNC General Administra<on

What We Will Cover:

How can you help?

What does the Clery Act have to do with you?

What are the risks of non-‐compliance?

What is the Clery Act?


The "Jeanne Clery Act" is named in memory of 19-‐year-‐old Jeanne Ann Clery, a Lehigh University first year who was raped and murdered in her residence hall room on April 5, 1986 by a fellow student whom she did not know. Jeanne's parents, Connie and Howard, were shocked to learn there had been 38 similarly violent crimes at Lehigh in the three years previous. They led the charge to create the “Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Sta<s<cs Act” of 1998.


*The Clery Act is a ‘consumer protec<on’ law. Campus Crime Data: Requires all colleges and universi<es who receive Title IV funding to share informa<on about crime on campus and their efforts to improve campus safety as well as inform the public of crime in or around campus via the university's Annual Security Report (ASR). Support for Vic<ms: Under the Act, ins<tu<ons must provide the repor<ng party of sexual assault, domes<c violence, da<ng violence, and stalking with op<ons such as changes to academic, transporta<on, or living, or working situa<ons, and assistance in no<fying local law enforcement, if the student or employee chooses to do so. It also provides both par<es in a campus disciplinary process certain rights. Policies & Procedures: Universi<es must outline specific policies and procedures within their ASRs, including those related to dissemina<ng <mely warnings and emergency no<fica<ons, op<ons for the repor<ng party of sexual assault, domes<c violence, da<ng violence, and stalking, and campus crime repor<ng processes. *from CleryCenter.org


Random Title IV audits

In response to a formally filed complaint

A ‘Media-‐driven’ review

The Department of Educa<on (ED) is responsible for monitoring compliance with the Clery Act. They do this in three different ways:

What Are the risks of non-‐compliance?


•  Financial: Ø  $35,000.00 per infrac<on

Ø  Arbitrarily assessed Ø  ED keeps the fine Ø  New Campus Accountability and

Safety Act (CASA)

Ø  Loss of Title IV funding Ø  Rare, but obviously crippling.

Ø  Ancillary Ø  Consultants Ø  Media/Marke<ng

Reputa<onal:


Past Fines: 2010 – Liberty University: $165,000.00 2010 – Virginia Tech: $55,000.00 2011 – Yale University: $155,000.00 2011 – University of Vermont: $65,000.00 2012 – Joliet Junior College: $55,000.00 2012 – Dominican College of Blauvelt: $262,500.00 2013 – Cornell College: $55,000.00 2013 – Wards Corner Beauty Academy: $15,000.00 2014 – Midlands Technical College: $47,500.00 2014 – Sterling College: $165,000.00 2016 – Penn State University: $2,397,500.00


How long does this process usually take?

Consider the University of Missouri – Kansas City: ü Visited by ED August 2009 ü Got their Final Report June 2nd, 2015 ü Not yet received their Fine Leper

Closer to home, consider UNC Chapel Hill:

ü Visited by ED April 2013 and again in April 2014 ü Were told to expect ini<al findings report by March 31st, 2015 ü Were told in July 2015, the report was finished, but held up in ‘Legal’ ü January 2017…s<ll wai<ng…



What is a Campus Security Authority?

The Clery Act requires all ins<tu<ons to collect crime reports from a variety of individuals and organiza<ons that are considered to be “campus security authori<es” under the law. “Campus security authority (CSA)” is a Clery Act-‐specific term that encompasses four groups of individuals and organiza<ons associated with an ins<tu<on. The first group is: •  A campus police department or a campus security department of an ins7tu7on. If an

ins<tu<on has a campus police or security department, all individuals who work for that department are CSAs. A security department can be as small as one person.


UCR-‐1 Crimes Ø Murder/Negligent Manslaughter Ø Manslaughter by Negligence Ø Rape Ø Forcible Fondling Ø Incest Ø Statutory Rape Ø Robbery Ø Aggravated Assault Ø Burglary Ø Motor Vehicle Thes Ø Arson

Hate Crimes* All of the aforemen<oned as well as: Ø Simple Assault Ø Larceny/thes Ø In<mida<on Ø Destruc<on of Property/Vandalism

VAWA Crimes Ø Sexual Assault Ø Da<ng Violence Ø Domes<c Violence Ø Stalking ViolaZons

Ø Weapons Law Arrests and Disciplinary Referrals

Ø Drug Law Arrests and Disciplinary Referrals

Ø Liquor Law Arrests and Disciplinary Referrals

What are Clery-‐Reportable Crimes?


What is Clery Geography?

Don’t worry, only four things to keep straight here: •  On Campus Property

o  Residence Halls

•  Non-‐Campus Property* •  Public Property


[Placeholder image for your own map]


•  On Campus Property is as simple to ID as the name implies. o  The only thing of note: Residence Halls are a sub-‐set and crimes that occur in

those buildings must be specifically noted.

•  Public Property is a liple trickier: Campus

Private Property


Keeping track of Non-‐Campus property is what keeps most Clery folks’ head placed firmly and repeatedly against that metaphorical wall of brick. Includes: •  Greek Houses •  Athle<c team hotels •  Study Abroad loca<ons •  Research vessels •  University-‐sponsored ac<vity loca<ons


Make public a Daily Crime/Incident Log of the most recent 60 calendar days.

[Placeholder image for your own log]


What is a Timely Warning? The intent of the Clery Act is to inform the campus community of serious crimes and/or con<nuing threats and incidents that occur on campus. A key aspect of this is providing a ‘Timely Warning.’ A Timely Warning is defined as a mass no<fica<on, “that is <mely and will aid in the preven<on of similar crimes.” Sent electronically to students, faculty, and staff members using any of the modes below: •  Email •  Text •  Social media


A Timely Warning typically includes: ü  The incident that occurred so long as the incident is one of the

crimes specified within the Clery Act; ü  The general <me and loca<on of the incident; ü  Suspect informa<on if it is available and it will not impede an

ongoing criminal inves<ga<on; ü  Tips and resources for the campus community to aid in their

general safety and the preven<on of a similar crime. A Timely Warning typically DOES NOT include: X  Informa<on that could iden<fy the vic<m.


What is an Emergency NoZficaZon?

ü  All of what you just read…just much sooner and with more volume.

[Placeholder images for your own no<fica<on devices]

How can you help?

How can you help?

What in the blue blazes does this ‘Clery Person’ expect from us?

Simple: 1)  Be a partner 2)  Wear two hats 3)  Ask the right ques<ons 4)  Write accurate reports

How can you help?

Be a partner to Title IX:

For cases of sexual assault, interpersonal violence, stalking/harassment, and hate crimes involving a student or employee (either as vic<m or assailant), your Title IX office must be no<fied immediately. Federal Law requires the Title IX office be provided with the names and contact informa<on of the par<es involved so they may be contacted. In cases of parallel inves<ga<ons, a best prac<ce is to allow a Title IX Inves<gator to review all police inves<ga<ve materials and take notes. They should not be allowed to take any of this informa<on with them.

How can you help?

Be a partner to your Clery Coordinator:

Your Clery Coordinator is charged with classifying and disclosing Clery-‐reportable crimes. This means they will have top-‐level privileges to your Records Management System and will be reviewing every incident report produced by your department. Presen<ng them with an accurate and informed narra<ve is key…

How can you help?

Back to Penn State for a moment:

Finding #5 Penn State did not properly classify reported crimes for Clery Act

purposes and did not properly compile and disclose crime sta<s<cs from 2008-‐2011 (331 crimes)

Proposed fine: $2,167,500

Total PSU Fine: $2,397,500 The other 10 findings together cost just $230,000

How can you help?

Wear two hats:

In North Carolina the defini<ons and elements of Burglary, Motor Vehicle Thes, Domes<c Violence, and Forcible Fondling are different than UCR-‐1. In North Carolina some Clery Crimes, such as Da<ng Violence and what cons<tutes ‘consent’, aren’t even on the books. It is important for you to keep both NC Statues and UCR-‐1 in mind when filling out an incident report. Here are some <ps:

How can you help?

Ask the right quesZons:

Any crime of violence: “Are you now, or were you ever, in a rela<onship with your apacker?”

Domes<c Violence:

“Is he/she your spouse or domes<c partner?” “How long have you lived together?” “Are you only living together as roommates?”

Da<ng Violence:

“How long have you been seeing each other?” “How serious do you believe your rela<onship is/was?”

How can you help?

Ask the right quesZons: Stalking:

“Has this person contacted you before?” “Where were you when you saw/read the message(s)?” “Are you afraid (for yourself/others)?”

Burglary: (If a residence hall) “How many suites/rooms are involved?” (If a residence hall) “Did you invite strangers into your room/building?” (If an office) “Was it during normal business hours?” (If an office) “Was the door locked?”

Aggravated Assault:

“What are the nature of the injuries?” (Ask EMTs if vic<m is unable to talk)

How can you help?

Write accurate reports:

Take the answers to those ques<ons, and put them into your narra<ve. Other vital informa<on to include in your narra<ve or as a supplemental item:

ü  Whether or not the ‘On-‐call’ Dean of Students, Student Conduct, or another official was no<fied of a drug, alcohol, or weapons viola<on.

ü  For incidents of sexual assault, interpersonal violence, and/or stalking that you gave the vic<m a ‘Vic<m’s Rights’ resource guide.

ü  Whether a crime/incident happened inside the residence hall or not. ü  Descrip<on of injuries (helpful in determining ‘aggravated’ vs.

‘simple’).

How can you help?

Arson: “The Clery Act requires ins<tu<ons to disclose all Arsons that occur on their Clery Act geography. This includes seemingly minor fires such as burning wastebaskets or bulle<n boards, regardless of whether they are discovered while burning or aser being ex<nguished…Some jurisdic<ons have specific rules that state that a fire is not to be classified as Arson unless and un<l a fire marshal makes a determina<on of malicious burning. The Clery Act’s Arson defini7on does not require that any findings be made by a fire official before classifying an incident.” ü  Fires determined to have been willfully or maliciously set, and apempts. ü  Incidents where an individual willfully or maliciously burns his/her own

property (think couches on a Frat House lawn).

How can you help?

UCR-‐1 Crimes Ø Murder/Negligent Manslaughter Ø Manslaughter by Negligence Ø Rape Ø Forcible Fondling Ø Incest Ø Statutory Rape Ø Robbery Ø Aggravated Assault Ø Burglary Ø Motor Vehicle Thes Ø Arson

Hate Crimes* All of the aforemen<oned as well as: Ø Simple Assault Ø Larceny/thes Ø In<mida<on Ø Destruc<on of Property/Vandalism

VAWA Crimes Ø Sexual Assault Ø Da<ng Violence Ø Domes<c Violence Ø Stalking ViolaZons

Ø Weapons Law Arrests and Disciplinary Referrals

Ø Drug Law Arrests and Disciplinary Referrals

Ø Liquor Law Arrests and Disciplinary Referrals

What are Clery-‐Reportable Crimes?

How can you help?

Ø  Race Ø  Ethnicity Ø Na<onal Origin Ø  Disability

Ø  Religion Ø  Sexual Orienta<on Ø  Gender Ø  Gender Iden<ty

What are Protected Classes under Clery?

How can you help?

Hate Crimes: If there is evidence of bias or the percep<on of bias by the alleged offender, include that informa<on in your narra<ve.

ü  Percep<on of the vic<m is not a determining factor. ü  Evidence that the alleged offender is prejudiced is not enough. There must be evidence they were mo<vated by their prejudice to commit the act.

How can you help?

Unfounded Crimes: Only sworn law enforcement can unfound a crime and only through an inves<ga<on that proves the crime did not occur and was not aCempted (criminal complaint is false or baseless). ü  Not insufficient evidence to prosecute ü  Not a vic<m’s retracted statement ü  Not a vic<m’s refusal to cooperate ü  Not a finding of ‘not guilty’ by a Judge or ‘not responsible’ by

a campus Disciplinary Panel

QuesZons?

[Insert CCO Full contact informa<on]

THANK YOU

CONNECT www.northcarolina.edu UNCSystem @UNC_system

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THE$CLERY$ACT:$101$FOR - WordPress.com · 2013(–Cornell(College: ... (ﬁrmly(and(repeatedly(againstthatmetaphorical(wall(of(brick.(Includes ... (adeterminaon(of(malicious(burning.(The&Clery&Act’s