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Compliance

Clery Act Annual Security Report and Fire Safety Report

PURPOSE

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) is intended to address crime on college campuses; increase awareness of crime statistics and security policies among students, parents of students, and employees; encourage the development of security policies and procedures; and establish uniform and consistent reporting of crimes on campus.

HISTORY

The Clery Act is named for Jeanne Clery, a nineteen-year-old Lehigh University student, who was raped and murdered in her campus residence hall in 1986. Her parents championed the Crime Awareness and Campus Security Act of 1990, which was renamed in 1998 after Jeanne Clery. The Clery Act has been amended several times to include additional requirements. Notably, the Higher Education Opportunity Act of 2008 (HEOA) expanded the list of hate crimes universities must report and required universities to implement procedures for missing student and emergency notifications. The HEOA also added a requirement for universities to report certain fire statistics and policies to the public.

In 2013, President Obama signed into law the Violence Against Women Reauthorization Act (VAWA) which brought about additional changes to the Clery Act. Specifically, VAWA required institutions to begin reporting incidents of dating violence, domestic violence, and stalking in their annual security reports and expanded the categories of reportable hate crimes. VAWA also imposed new requirements related to university policies and sexual violence prevention training for students and employees. VAWA regulations were published in October 2014 and became effective in July of the following year. In 2016, the U.S. Department of Education updated the 2011 version of The Handbook for Campus Safety and Security Reporting (Handbook) in order to provide further guidance on Clery Act compliance.

APPLICABILITY TO BYU–HAWAII

The Clery Act applies to all institutions that participate in federal student financial aid programs. The requirement to publish an annual fire safety report and establish missing student notification procedures likewise applies to institutions participating in federal student financial aid programs if the institution provides on-campus student housing. Because BYU–Hawaii participates in student financial aid programs and maintains on-campus housing facilities for students, it is subject to the Clery Act and must comply with requirements regarding campus safety and security.

REQUIREMENTS

The Clery Act requires institutions to (1) collect statistics on certain criminal offenses, hate crimes, and incidents of domestic violence, dating violence, and stalking; (2) develop policy statements, procedures, and programs regarding campus safety; (3) prepare and distribute an annual security report; and (4) report and respond to threats and emergencies in a timely manner. An institution that has a police or security department of any kind must also (5) keep a daily crime log; and an institution that maintains on-campus student housing must (6) keep a fire log and prepare and publish an annual fire safety report.

I. Crime Statistics

A. Gathering Statistics from Campus Security Authorities and Local Police Agencies

Under the Clery Act, a university must collect and publish statistics for certain crimes and incidents that are reported to local police agencies or to a campus security authority (CSA). A CSA is defined as

1. a campus police department or security department,
2. an individual with responsibility for campus security,
3. someone identified by an institution in its campus security policy as an individual or organization to which students and employees should report criminal offenses, and
4. an institutional official who has “significant responsibility for student and campus activities.”

Institutions should reevaluate the CSA status of all employees at least once a year. The Department of Education has outlined CSA responsibilities in the Handbook. In gathering statistics, an institution must make a good faith effort to collect information from local law enforcement agencies. An institution is not required to report crimes that were reported to a “pastoral or professional counselor.”

B. Clery Geography

Crimes are reportable only if they occur in one of the following locations: (1) on campus (including student dormitories), (2) in or on non-campus buildings or property that are owned or controlled by the institution and frequented by students, or (3) on public property immediately adjacent to campus. Crime statistics must also be reported for each branch or satellite campus owned by the institution (even if overseas). Please refer to the Clery Act Geography Flowchart, attached hereto as Appendix II.

C. Categories of Statistics

Statistics must be collected and disclosed in an institution’s annual security report separately for each of the following categories:

1. Primary Crimes

a. Criminal homicide (i.e., murder, non-negligent manslaughter, and negligent manslaughter)
b. Sexual assault (sex offenses)
i. Rape
ii. Fondling
iii. Incest
iv. Statutory rape
c. Robbery
d. Aggravated assault
e. Burglary
f. Motor vehicle theft
g. Arson

2. Hate Crimes (i.e., reported crimes that show evidence that the perpetrator targeted a person because of actual or perceived race, gender, gender identity, religion, sexual orientation, ethnicity, national origin, or disability)

a. Any of the Primary Crimes that were motivated by a covered bias
b. Any of the following incidents if they were motivated by a covered bias27:
i. Larceny-theft
ii. Simple assault
iii. Intimidation
iv. Destruction, damage, or vandalism of property
v. Other crimes involving bodily injury

3. VAWA Offenses

a. Domestic violence
b. Dating violence
c. Stalking

4. Arrests and Referrals for Disciplinary Action Related to Law Violations

a. Weapon carrying, possessing, etc.
b. Drug abuse violations30
c. Liquor law violations31

Institutions also must include in their web-based surveys and annual security report statistics the total number of unfounded crimes—crimes that sworn or commissioned law enforcement personnel have determined are false or baseless.

D. Hierarchy Rule

The Hierarchy Rule requires that, for reporting purposes, only the most serious offense be counted when more than one criminal offense was committed during a single incident. However, if arson is committed, an institution must always record the arson in its statistics, regardless of whether or not it occurs in the same incident as another crime. Additionally, if rape, fondling, incest, or statutory rape occurs in the same incident as a murder, an institution must record both the sex offense and the murder in its statistics.

II. Required Policies, Procedures, and Programs

The following policies and procedures regarding campus safety, security, and law enforcement must be in place and, as outlined below, must be included in an institution’s annual security report:

1. Policies and procedures for reporting and responding to crimes or other emergencies on campus;
2. Policies concerning security of and access to campus facilities;
3. Policies concerning security considerations used in the maintenance of campus facilities;
4. Campus law enforcement policies regarding authority and jurisdiction of campus police/security and their relationship with local law enforcement;
5. A description of programs that inform students and employees about campus security procedures and practices, and to encourage students and employees to be responsible for security;
6. A description of programs designed to inform students about the prevention of crimes;
7. Policies concerning the monitoring and recording, through local police agencies, of criminal activity in which students engaged at non-campus locations of recognized student organizations;
8. Policies concerning possession, use, and sale of alcohol, and enforcement of underage drinking laws;
9. Policies regarding possession, use and sale of illegal drugs and enforcement of drug laws;
10. A description of drug or alcohol abuse education programs;
11. A statement that the institution will, upon written request, disclose to the alleged victim of a crime of violence, or a non-forcible sex offense, the report on the results of any disciplinary proceeding conducted by such institution against a student who is the alleged perpetrator;
12. A policy statement regarding the institution’s emergency response and evacuation procedures;
13. A policy statement addressing missing student notification (only if campus has student housing);

In addition, the following policies, procedures, and programs regarding dating violence, domestic violence, sexual assault, and stalking (i.e. the VAWA Offenses) must be in place and must be included in an institution’s annual security report:

1. A description of the institution’s educational programs and campaigns to promote the primary prevention and awareness of VAWA Offenses, including the following;
2. A description of the institution’s ongoing prevention and awareness campaigns, which must provide the same information as primary prevention and awareness programs;
3. The procedures victims should follow in the event of a VAWA offense;
4. A description of how the institution will protect the confidentiality of victims and other parties;
5. A statement that the institution will provide written notification to victims about existing counseling, advocacy, legal assistance, financial aid, and other available services;
6. A statement that the institution will provide written notification to victims about options for accommodations (academic, living, transportation, and work) and other protective measures;
7. A clear statement of policy that addresses the procedures for institutional disciplinary action in cases of alleged VAWA Offenses;
8. A statement that, when a student or employee reports being a victim of a VAWA Offense, the institution will provide the victim a written explanation of his or her rights and options; and
9. A statement advising the campus community about where law enforcement agency information provided by a state concerning registered sex offenders may be obtained.

A detailed checklist of the required policies, procedures, and programs is included in the Clery Act Checklist, attached as Appendix IV.

III. Annual Security Reporting and Disclosure Requirements

A. Submitting Statistics to the Department of Education

Each campus subject to the Clery Act annually must submit to the Department of Education crime statistics and, if the campus has on-campus student housing, fire statistics. Such submission is accomplished online through the Campus Safety and Security Survey.

B. Preparing and Publishing an Annual Security Report

Each year by October 1, every campus subject to the Clery Act also must prepare and publish an annual security report. At a minimum, the annual security report must contain (a) the crime statistics detailed above; and (b) the policies, procedures, and program descriptions outlined above. A detailed checklist outlining the information is attached hereto as Appendix IV.

1. Crime Statistics

The annual security report must report statistics using the definitions specified in the FBI’s uniform crime reporting system and in VAWA. If a crime consists of multiple offenses (e.g., burglary, vandalism, and murder), each crime must be separately classified, and of those that qualify as Primary Crimes, an institution is required to report only the highest offense listed in the Uniform Crime Reporting Rule as provided by the FBI. The report must contain crime statistics for the three most recent calendar years. Crime statistics must be broken down according to geographic location (on campus, campus residence halls, non-campus, and public property) and must be listed according to the year in which they were reported (not when the crime occurred). No victims or persons accused of committing crimes shall be identified in the report.

2. Required Policies, Procedures, and Program Descriptions

The annual security report must describe the above-listed and required policies, procedures and program descriptions outlined above. These include those required policies, procedures, and programs related to both (1) campus safety, security, and law enforcement; and (2) dating violence, domestic violence, sexual assault, and stalking (the VAWA Offenses).

C. Distributing and Providing Notice of the Annual Security report to Students and Employees

Also by October 1 each year, the same report(s) must be distributed to all currently enrolled students and all current employees by either (1) mailing, emailing, or directly handing them a copy or (2) posting the report(s) on the Internet and providing each individual notice of the report’s availability, a description of the information the report contains, the exact URL of the report, and a statement that a paper copy will be provided upon request. Each campus also must provide a notice to prospective students and prospective employees that includes a statement of the report's availability, a description of its contents, and an opportunity to request a copy.

IV. Threats and Emergency Situations

The Clery Act also imposes requirements regarding policies and procedures related to (a) timely warnings regarding threats; (b) emergency notification, response, and evacuation; and (c) missing students. Below is a summary of these requirements. Also, attached as Appendix III is a flowchart outlining how to decide whether or not to issue a timely warning or emergency notification.

A. Timely Warnings

Each campus must make a timely warning to the campus community regarding Clery Act crimes considered to be a “threat”—i.e. those that pose a serious or continuing danger to the campus community. The Department of Education also recommends issuing such warnings for non-Clery Act crimes. In making timely warnings, the university must withhold the names of victims as confidential.

B. Emergency Notification, Response, and Evacuation

If there is an immediate threat (i.e. imminent or impending) to the health or safety of students or employees occurring on campus, an institution must issue an emergency notification. An institution also must develop policies and procedures regarding emergency response, and evacuation procedures, and must include a statement regarding such policies and procedures in its annual security report. The procedures must be tested at least annually, and the institution must publicize the procedures in conjunction with at least one test per calendar year. Institutions must document each test of the emergency response and evacuation procedures and include a description of the exercise, the date, the time, and whether the test was announced or unannounced.

C. Missing Student Notifications

Institutions that maintain on-campus housing must establish official notification policies and procedures for students who go missing for more than twenty-four hours. Such policies and procedures must be included in the annual security report. All reports of missing students must be immediately referred to the institution’s police or campus security department. Likewise, such institutions must adopt procedures to notify appropriate individuals at the institution. If an investigation confirms that a student has been missing more than twenty-four hours, the institution must contact the person previously designated by the student as a contact person and, if the student is under age eighteen, the student’s custodial parent or legal guardian.

V. Crime Log

Any university participating in federal student aid programs and maintaining a police or security department of any kind must keep a daily crime log that records any reported crimes occurring on campus, on a non-campus building or property, on public property, or within its patrol jurisdiction. The log must include the nature, date, time, and general location of each crime, as well as the result of the complaint (if known). Crimes must be included in the log within two business days of being reported, unless disclosing the crime to the public would be illegal or harm the confidentiality of the victim. If any new information about a crime becomes available, such information must be updated in the log within two business days. The crime log for the most recent sixty-day period must be open to the public during normal business hours.

VI. Fire Safety Report and Fire Log

A. Fire Safety Report

Institutions that maintain on-campus housing for students must prepare and publish an annual report to the campus community of fire safety and incidents. The report must be prepared and distributed by October 1 of each year, just like the annual security report. The two reports may be published together if the title of the document has both names on it.

Institutions must submit fire statistics annually to the secretary of the Department of Education and include the following statistics in its annual fire safety report for the three most recent calendar years:

1. the number of fires and their causes,
2. the number of people who received fire-related injuries needing medical attention,
3. the number of deaths, and
4. the value of property damaged in fires.

The fire safety report must include the following information, policies, and procedures:

1. a description of the fire safety systems in every on-campus student housing system;
2. the number of supervised fire drills held in the previous calendar year;
3. the university’s rules on portable electrical appliances, smoking, and open flames in on campus student housing;
4. procedures for evacuation in the case of a fire and the policy for educating students and employees about them;
5. a list of people to whom fires should be reported; and
6. any plans to improve fire safety.

Appendix IV includes also includes a checklist for preparing the annual fire safety report.

B. Fire Log

An institution that has on-campus student housing facilities must maintain an easily written and understandable fire log that records all reported fires occurring in an on-campus student housing facility. The log needs to include the nature, date, time, and general location of each fire. Every fire must be logged within two business days. The most recent sixty days of the fire log must be available to the public during normal business hours and any older information must be available to the public on request within two business days.

PENALTIES

An institution that violates any provision of the Clery Act may be subject to a civil penalty of up to $53,907 for each violation.

COMPLIANCE CALENDAR

  • October 1 each year—publish and distribute the annual security report.
  • The Department of Education annually sends each registered institution a letter and a registration certificate, which includes a deadline for submitting crime statistics and fire statistics.