Clery Act Campus Security Authority

CLERY CAMPUS SECURITY AUTHORITY

Presented by: University of TN Police Department

HISTORY OF THE CLERY ACT

• Jeanne Clery was tortured, raped and murdered in her dorm room at Lehigh
University in 1986. Her killer was another student.

• Her parents believed she would have been more cautious if she had known about
other violent crimes at Lehigh. They found that only 4% of colleges/universities
reported crime on their campuses to the FBI.

• The Clerys went to work to mandate that all colleges and universities disclose
crimes that occur on their campuses, and prepare an annual campus security
report that shows the crime statistics and what security measures are taking
place on campus. In 1990, the Campus Security Act was passed. It was later
renamed the Clery Act.

University of Tennessee Police Department 2

CLERY ACT

The Clery Act is a federal statute that requires the University to:
 Disclose policy information relating to campus security and crime statistics
as part of a campus security report published annually
 Issue (safety notices) timely warning notices of crimes
 Keep a daily crime log
 Have policies and procedures relating to emergencies, fire safety, and
missing students
In a post-campus crisis, one of the most common questions is whether the university
complied with the Clery Act (e.g., VA Tech)


CRIME STATISTICS & CAMPUS SECURITY AUTHORITIES

• In an ideal world all crimes would be reported through defined channels to the
appropriate law enforcement agency

• To ensure that campus crime is not underreported, the Clery Act requires
campus crime statistics to include any crimes that are reported to “campus
security authorities”

• Campus security authorities include “any university official who has significant
responsibility for student and campus activities”

• Your position has been identified as a campus security authority


CRIMES THAT MUST BE REPORTED UNDER CLERY

• There are 3 categories of offenses that are subject to Clery reporting. We will
review them in more detail later in the presentation.

• Category #1: All offenses in this category are subject to reporting
 Murder and non-negligent manslaughter, negligent manslaughter
 Forcible sex offenses & non-forcible sex offenses
 Robbery
 Aggravated Assault
 Burglary
 Motor Vehicle Theft
 Arson



• Category #2: The below listed crimes are subject to reporting only if the
motivating factor for the crime was hate or bias

 Larceny-theft
 Simple assault
 Intimidation
 Destruction/damage/vandalism of property



• Category #3: Violations of Law Resulting in Arrests or Referrals for Campus
Disciplinary Action (handled through Judicial Affairs on UTK campus)
 Weapons violations
 Drug violations
 Alcohol violations

• Offenses relating to weapons, drugs, and alcohol are based on the local law for
the jurisdiction in which the incident occurred.

• On UTK campus, actions referred for discipline are handled through Student
Judicial Affairs. Judicial Affairs reports those incidents in the Annual Security
Report.


LOCATION, LOCATION, LOCATION

• Clery Act reporting is not based on WHO the victim or assailant is, but on WHERE the crime
occurred
 It does not matter whether the victim or perpetrator is associated with the University
• Crimes must be reported only if they occurred on one of three types of property:
1. On-campus which are university owned or controlled, within same reasonably
continuous geographic area and it supports university’s education mission or is
frequently used by students. Student residence facilities are a special subset of on-
campus crimes and should be distinguished as such on the CSA reporting form.
2. Public Property include streets, sidewalks, etc. within or immediately adjacent to
campus
A map of Clery defined on campus and public properties can be located at
http://utpolice.utk.edu/files/2013/03/CLERY-Map.pdf
3. Non-Campus which are university owned or controlled, not reasonably contiguous to
geographic area of institution, used in direct support of educational purpose or
frequented by students. Examples of non-campus properties include the new recreational
fields on Sutherland Avenue and classrooms used on a consistent basis by the study
abroad programs.


CSA CONSIDERATIONS

If a Clery crime is reported to you, encourage the reporting party to notify UTPD immediately.
As a CSA, if you can verify the incident has been reported to UTPD, your reporting obligation
has been met and no further Clery reporting action is required; however, Tennessee law
mandates additional reporting by any person who has knowledge of physical or mental harm to
a child or suspects that a child has been sexually abused. Reporting to UTPD or your supervisor
does not satisfy your reporting duty under Tennessee law i.e., your duty to report child
abuse/child sexual abuse under TN law is in addition to your reporting duty under the Clery Act.
 Child: any person under 18 years of age
 Emergency? Call 911
 Otherwise, must report to one of the following:
– The Tennessee Department of Children’s Services (reports can be made by calling the
Central Intake Child Abuse Hotline at 1-877-237-0004)
– The sheriff of the county where the child resides
– The chief law enforcement official of the city where the child resides or
– A judge having juvenile jurisdiction over the child


CSA CONSIDERATIONS CONT.

• If you receive crime information and believe it was provided in good faith, then
you should document it in a CSA report
 “Good faith” is defined as little or no reason to doubt validity of information

• You are not investigating the crime yourself

• You are not responsible for determining whether a crime took place

• It is not necessary for crime to have been investigated by police

• It is not necessary for a finding of guilty to have been made by a court


WHEN IN DOUBT

• Report! Even if unsure whether incident is a Clery crime or a crime at all

• Report! Even if unsure if the crime occurred on a Clery defined location

• UTPD will decide whether the incident that was reported to you must be
included in the university’s annual crime statistics, and, if so, how it should be
categorized.


CSA REPORTING FORM

The CSA reporting form can be located online at
http://utpolice.utk.edu/files/2013/03/Report-Form.pdf

• CSA’s should review the form at this time during the presentation to familiarize
themselves with requested information

• Victim information is not required on the CSA reporting form


CSA REPORTING FORM – INCIDENT CLASSIFICATION

Clery Incident Classification
Definitions
Aggravated Assault: an unlawful attack by one person upon another for the purpose of inflicting severe or
aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by
means likely to produce death or great bodily harm. It is not necessary that injury result from an
aggravated assault when a gun, knife, or other weapon is used which could or probably would result in a
serious potential injury if the crime were successfully completed.
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, personal property, etc.
Burglary: The unlawful entry of a structure to commit a felony or a theft. For reporting purposes this
definition includes: unlawful entry with intent to commit a larceny or a felony; breaking and entering
with intent to commit a larceny; housebreaking; safecracking; and all attempts to commit any of the
aforementioned.
Motor Vehicle Theft: The theft or attempted theft of a motor vehicle. (Classify as motor vehicle theft all
cases where automobiles are taken by persons not having lawful access even though the vehicles are
later abandoned-including joy riding).
Murder and Non-negligent Manslaughter: The willful (non-negligent) killing of one human being by another.
Manslaughter by Negligence: The killing of another person through gross negligence.


CSA REPORTING FORM – INCIDENT CLASSIFICATION (CONT.)

Robbery: The taking or attempting to take anything of value from the care, custody, or control of a person or
persons by force or threat of force, violence, and/or causing the victim fear.
Sex offense, forcible - Rape, sodomy, sexual fondling, or sexual assault with object
Sex offense, non-forcible - Statutory rape (victim under the legal age of consent) or incest

Arrests / Referrals
Weapon Law Violations: The violation of laws or ordinances dealing with weapon offenses, regulatory in
nature, such as: manufacture, sale, or possession of deadly weapons; carrying deadly weapons,
concealed or openly; furnishing deadly weapons to minors; aliens possessing deadly weapons; all
attempts to commit any of the aforementioned.
Drug Abuse Violations: Violations of state and local laws relating to the unlawful possession, sale, use,
growing, manufacturing, and making of narcotic drugs. The relevant substances include: opium or
cocaine and their derivatives (morphine, heroin, codeine); marijuana; synthetic narcotics (demerol,
methadones); and dangerous non-narcotic drugs (barbiturates, benzedrine).
Liquor Law Violations: The violation of laws or ordinance prohibiting: the manufacture, sale, transporting,
furnishing, possessing of intoxicating liquor; maintaining unlawful drinking places; bootlegging;
operating a still; furnishing liquor to minor or intemperate person; using a vehicle for illegal
transportation of liquor; drinking on a train or public conveyance; and all attempts to commit any of the
aforementioned violations. *Public Intoxication and DUI are not reportable incidences


CSA REPORTING FORM – INCIDENT CLASSIFICATION (CONT.)

Hate Crimes
Larceny: The unlawful taking, carrying, leading, or riding away of property from the possession or
constructive possession of another.
Vandalism: To willfully or maliciously destroy, injure, disfigure, or deface any public or private property, real
or personal, without the consent of the owner or person having custody or control by cutting, tearing,
breaking, marking, painting, drawing, covering with filth, or any other such means as may be specified
by local law.
Intimidation: To unlawfully place another person in reasonable fear of bodily harm through the use of
threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to
actual physical attack.
Simple Assault: An unlawful physical attack by one person upon another where neither the offender displays
a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken
bones, loss of teeth, possible internal injury, severe laceration or loss of consciousness.

• To your knowledge, was this incident motivated by bias such as race, gender, sexual orientation, religion,
ethnicity, or disability
• Please describe evidence supporting the conclusion that the incident was motivated by bias


WHAT TO DO AS A CSA

• Assist the victim to report the incident to the police

• Assist the victim in obtaining help if needed

• Document the incident through a CSA Reporting Form
http://utpolice.utk.edu/files/2013/03/Report-Form.pdf

• Send form to UT Police

• Police may contact you for additional information if available


HOW ARE CRIME REPORTS USED?

• To fulfill the University’s responsibility to disclose Clery crime statistics /
information to our community

• To issue safety notice (timely warning) for Clery crimes that pose a serious or
continuing threat to the campus community. Incidents are very situational;
however, safety notices may not be posted for incidents where a related arrest
occurred concurrent to the incident, there was a significant time delay between
the incident date and report date, or other circumstance that diminished a
serious or continuing threat.


SAFETY NOTICE (TIMELY NOTIFICATION / WARNING)

• All of us want to be alerted promptly to potentially dangerous criminal situations
near our homes or workplaces so that we have both the time and information
necessary to take reasonable precautions.

• The Clery Act requires UTK to alert the campus community to certain crimes in a
manner that is:
 Timely
• Clery Act does not include a specific numerical requirement
• As soon as the pertinent information is available
 Will aid in the prevention of similar crimes

• The majority of complaints for failure to comply with the Clery Act regard failure
to provide timely notification.


SAFETY NOTICE

• Safety notices must be considered for all Clery Act crimes that are:
 Reported to CSAs or police; and
 Determined by the institution to represent a serious and continuing threat
to students and employees

• Must issue safety notices even when you don’t have all of the facts, can follow-
up with additional information

• Can be issued for threats to persons (e.g., rape) or property (e.g., motor vehicle
thefts), etc.


CONSEQUENCES OF NON-COMPLIANCE

• The US Department of Education can issue civil fines up to $35,000 per violation
for substantial misrepresentation of the number, location or nature of crimes to
be reported

• Non-compliance can lead to the suspension or limiting the institution’s Title IV
eligibility

• Negative publicity


RESOURCES

• Additional information regarding Clery compliance at UTK can be found at
http://utpolice.utk.edu/clery-act/

• General Clery compliance information can be found at
http://www2.ed.gov/admins/lead/safety/campus.html


RESOURCE CONTACTS

The following can also assist you with UTK Clery compliance questions:
Troy Lane, Chief of Police tlane15@utk.edu 865.974.6631
Emily Simerly, UT Police Deputy Chief emilym@utk.edu 865.974.6631
Jeff Maples, Sr. Assoc. Vice Chan. Finance & Admin. maples@utk.edu 865.974.3061
Matthew Scoggins, General Counsel scoggins@utk.edu 865.974.3245
Jenny Wright, Director of Student Judicial Affairs jwrigh15@utk.edu 865.974.3171
Mike Ward, Sr. Assoc. Athletics Director mward35@utk.edu 865.974.9190
Mike Herbstritt, Human Resources herbst00@tennessee.edu 865.974.2889
Richard, Bayer, Asst. Provost Enrollment Services rbayer@utk.edu 865.974.2105
William Herb Byrd, Director Ag Extension & Eval. hbyrdiii@tennessee.edu 865.974.7245
Alisa Meador, Asst. Director Center for Intl. Education ameador2@utk.edu 865.974.3177
Charles Primm, Media Relations charles.primm@tennessee.edu 865.974.5180


REVIEW STATUS

In order to receive credit for your participation in CSA training and assist with
University Clery compliance, please click the ‘Review Status’ button at the bottom
left of the web screen and follow the directions provided. Thank you!


Clery Act Campus Security Authority

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