Clery Act Training

1. Clery Act Training
For a Campus Security Authority (CSA)
FSU Police Department
www.police.fsu.edu
11/23/16

2. Clery Act Training
Jeanne Clery was a student at Lehigh
University and was raped and
murdered in her residence hall room in
1986. Her parents believe she would
have been more cautious if she had
known about other violent crimes at
Lehigh.

3. Clery Act Training
Introduction
Choosing a postsecondary institution is a major decision for students and
their families. Along with academic, financial and geographic
considerations, the issue of campus safety is a vital concern.
In 1990, Congress enacted the Crime Awareness and Campus Security Act
of 1990, which amended the Higher Education Act of 1965 (HEA). This act
required all postsecondary institutions participating in HEA’s Title IV
student financial assistance programs to disclose campus crime statistics
and security information. The act was amended in 1992, 1998, 2000 and
2008.
The 1998 amendments renamed the law the Jeanne Clery Disclosure of
Campus Security Policy and Campus Crime Statistics Act in memory of
Jeanne Clery. It is generally referred to as the Clery Act.

4. The goal of the Clery Act is to ensure students, prospective students,
parents and employees have access to accurate and timely information
about crimes committed on campus and campus security procedures.
Information disclosed under the Clery Act can assist students and parents in
making decisions which affect their personal safety.
The following information is general guidance for a Campus Security
Authority (CSA).
Clery Act Training
Each University & College Campus is responsible for establishing appropriate
procedures to implement these requirements.

5. Clery Act Training
Requirements for Colleges and Universities:
The Clery Act requires our institution to report statistics for four general
categories of crimes:
 Criminal Offenses - Criminal Homicide, including Murder and Non-
negligent Manslaughter, and Manslaughter by Negligence; Sexual
Assault, including Rape, Fondling, Incest and Statutory Rape; Robbery;
Aggravated Assault; Burglary; Motor Vehicle Theft; and Arson.
 Hate Crimes—Any of the above-mentioned offenses, and any incidents
of Larceny-Theft, Simple Assault, Intimidation, or Destruction/Damage/
Vandalism of Property that were motivated by bias;
 VAWA Offenses—Any incidents of Domestic Violence, Dating Violence
and Stalking.; and
 Arrests and Referrals for Disciplinary Action for Weapons—Carrying,
Possessing, Etc. Law Violations, Drug Abuse Violations and Liquor Law
Violations.

6. Clery Act Training
Requirements for Colleges and Universities:
In addition to reporting crime statistics, the Clery Act requires our
institution to:
 Have and disclose emergency response and evacuation procedures
that would be used in response to a significant emergency or
dangerous situation involving an immediate threat to the health or
safety of students or employees occurring on campus;
 Issue timely warnings for all Clery Act crimes that occur in our Clery
Act geography that are reported to campus security authorities or
police and represent a serious or continuing threat to student and
employees.
 Disclose policy statements regarding how students and others should
report crimes or other emergencies occurring on campus; security of
and access to campus facilities; crime prevention; campus law
enforcement and security; and alcohol and drugs.
 Disclose policy statements regarding programs to prevent dating
violence, domestic violence, sexual assault and stalking and procedures
when one of these crimes is reported.

7. Clery Act Training
Requirements for Colleges and Universities:
In addition to reporting crime statistics, the Clery Act requires our
institution to:
 Provide a statement advising the campus community where registered
sex offender information may be obtained.
 Provide a policy statement that addresses missing student notification
for students residing in on-campus student housing and include
procedures that our institution will follow if any of those students is
determined to be missing for 24 hours.
 Collect and maintain statistics for reported fires in on-campus student
housing facilities.
 Maintain a crime and fire log.
 Publish an annual security report containing crime statistics, safety and
security measures, policy statements and programs annually.

8. Clery Act Training
Introduction – VAWA Amendment
On March 7, 2013, the Violence Against Women Reauthorization Act of
2013 (VAWA) was signed into law. VAWA includes amendments to the
Clery Act. These changes require institutions to disclose statistics, policies
and programs related to dating violence, domestic violence, sexual
assault and stalking, among other changes. Specifically, these changes
added or modified requirements related to:
 Disclosure of statistics of the number of dating violence, domestic violence,
sexual assault and stalking incidents;
 Disclosure of statistics of new categories of Hate Crimes;
 Implementation by institutions and disclosure of programs to prevent dating
violence, domestic violence, sexual assault and stalking, including:
• primary prevention and awareness programs for incoming students and
employees; and
• ongoing prevention and awareness campaigns for students and
employees;

9. Clery Act Training
Introduction – VAWA Amendment
 Disclosure of procedures victims should follow if a crime of dating violence,
domestic violence, sexual assault or stalking has occurred; and
 Implementation by institutions and disclosure of procedures for institutional
disciplinary action in cases of dating violence, domestic violence, sexual assault
and stalking, including:
• descriptions of each disciplinary proceeding used by the institution, the
standard of evidence used during each disciplinary proceeding, possible
sanctions imposed following the results of disciplinary proceedings, and
the range of protective measures that the institution may offer a victim;
• provisions to ensure that proceedings will be prompt, fair and impartial;
• provisions that state that proceedings will be conducted by officials who
receive annual training; and
• ensuring equal opportunities for the accuser and accused to have others
present during proceedings, including an advisor of their choice.

10. Annual Security Report
 The University’s annual campus security report is entitled “Annual Security
Report and Fire Report .”
 It is updated and made available to current and prospective students and
employees and the general public by October 1st each year.
 The “Annual Security Report and Fire Report” can be downloaded at
www.police.fsu.edu.

11. Non-Compliance with the Clery Act
 Non-compliance can have a negative impact on the University’s ability
to maintain financial aid.
 Violators can be “fined” up to $35,000 per incident by the U.S.
Department of Education for a substantial misrepresentation of the
following:
– The number of reportable incidents
– The Location
– The Nature of the crimes required to be reported
– Violations of any other provisions of the safety and security related
HEA regulations.

12. Annual Safety Report also includes:
 Primary prevention and awareness programs to incoming and new students and
employees.
 Ongoing prevention and awareness campaigns to current students and
employees.
 Information about disciplinary proceedings used for sexual violence crimes
relating to students and employees.
 Description of the range of protective measures offered following the report of
an allegation of dating violence, domestic violence, sexual assault and stalking.
 Includes “a statement of the standard of evidence that shall be used” during any
conduct proceeding.
 A statement that the institution prohibits domestic violence, dating violence,
sexual assault, and stalking;
 Clery Crime and VAWA Crime definitions;
 The definition of consent, in reference to sexual activity, in the applicable
jurisdiction;
 Safe and positive options for bystander;
 Information on risk reduction and ways to recognize warning signs of abusive
behavior and how to avoid potential attacks

13. Annual Safety Report also includes:
Information on disciplinary proceedings including:
 That they are Fair, Prompt and impartial
 Officials receive appropriate training (no bias or conflict)
 Officials receive appropriate training (no bias or conflict)
 Officials receive appropriate training (no bias or conflict)
 Equal choice of advisor for both parties
 Simultaneous notification of result, any appeal process, any changes made
and when results are final
 Timely notice of meetings in which accused or accuser may be present
 Timely access to all information that will be used in a proceeding following
investigation
 Completion of proceeding in a reasonably prompt timeframe

14. Annual Safety Report also includes:
 Information about how confidentiality of victims will be protected.
 Written notification of students and employees about existing
counseling, health, mental health, victim advocacy, legal assistance, and
other services available for victims both on-campus and in the
community.
 Written notification to victims about options for, and available assistance
in, changing academic, living, transportation, and working situations, if
requested by victim and if reasonable available, regardless of whether
victim chooses to report the crime to campus police or local law
enforcement.

15. Annual Safety Report also includes:
 Further, a student or employee who reports to an institution of higher
education that she/he has been a victim of domestic violence, dating
violence, sexual assault, or stalking, whether it occurred on or off-
campus, shall be provided with a written explanation of his or her rights
and options, as described above.

16. What does the Clery Act have to do with
you?
 Many crimes, especially sexual assaults, are often NOT reported to the
police.
 The University is required to gather and publish crime data from
multiple sources.
 This ensures that students and other members of the University
community know about potential dangers on campus,
 Data must be collected from a wide variety of “Campus Security
Authorities” or CSA’s.
 That’s where YOU come in.

17. Campus Security Authorities
 CSA’s are defined as University employees whose functions involve significant
contact with students and those individuals with significant responsibility for
student and campus activities.
 Victims or other individuals reporting crimes may remain anonymous, but the
INCIDENT must be reported to the FSU Police Department in a timely
manner.
 Victims or other individuals reporting crimes should be encouraged to report the
incidents to the police.
 If they choose not to do so, YOU are still required to report it through the
FSUPD’s on-line Clery Reporting.

18. Clery – CSA
What makes me a campus Security Authority?
Four categories
 Campus Police Departments
 Individuals with Campus Security Responsibilities
 Individuals or organization designated by the University to which students and
employees should report criminal offenses.
 Officials with Significant Responsibility for Student and Campus Activities,
including but not limited to, student housing, student discipline and campus
judicial proceedings. who are likely to receive complaints from a victim of crime

19. Clery-CSA
Responsible for Campus Security
Campus Police Departments
 All Officers of the Florida State University Police Department.
 All non-sworn Security Guards and Public Safety Officers employed by the
Florida State University Police Department.
Individuals with Campus Security Responsibilities.
 Persons responsible for monitoring or controlling entrance to campus property
• Library Security personnel
• Parking booth operators and parking Patrollers
 Special events security staff
 Campus Housing receptionists & Resident assistants who routinely monitor
entrances to buildings and secured areas are likely to assist with reporting crime.
 SAFE Escort service drivers.

20. Clery – CSA
Responsible for Campus Security
Individuals Designated by the University.
 Dean of Students Office and Staff
 Student Health Services Staff.
 Student Housing Staff.
 Title IX Staff.
 Others as designated

21. Clery – CSA
Significant Responsibility for Student and Campus Activities
Examples Include:
 Dean of Students
 Housing and Resident Life Staff.
 Student Judicial Programs / Other Discipline Officials
 Officials who oversee extracurricular activities.
 Student Sports and Recreation staff.
 Director of Athletics, Coaches, Trainers, Staff.
 Student Health Services Staff, health educators, including peer health educators
 Faculty Advisors and Advisers to Student Groups.
 A student resident advisor or assistant or a student who monitors access to residence
halls.
 Greek Life Affairs Coordinator.
 Victim Advocates
 Title IX Staff.
 Counselors, including peer counselors (except for professional or pastoral counselors)

22. Clery – CSA
Who does not have to Report
(Exempt from Reporting)
Some examples of those exempt from reporting are:
 Individual faculty who do not have any responsibility for student and
campus activity beyond the classroom;
 Clerical or cafeteria staff;
 Pastoral Counselor;
 Professional Counselor.
Note: You are still required to comply with university policies regarding other
mandatory reporting requirements that do not pertain to Clery (i.e. Title IX,
Sexual Harassment, etc.)

23. If someone tells you about a clery crime or incident that may be a clery
crime, you must record the information and submit it to the FSU Police
Department in a timely manner. You are not required to disclose the
victim’s name.
 Get the facts and record on the FSUPD on-line Clery Data Form as soon
as possible. The FSUPD will review for the issuance of a timely warning
and tabulate appropriate statistics.
Clery – CSA
I’m a CSA and I’m not exempt from
reporting what do I do?

24. Clery – CSA
YOU’RE A CSA
WHAT DO YOU HAVE TO DO?
 Step 1 – Get the facts about the possible crime that occurred on or near the
University premises. Use the “fact gathering checklist” in the next slide.
 Step 2 – Record the facts as completely and accurately as possible.
 Step 3 – Report the facts using FSUPD on-line Clery data reporting form as
soon possible. Remember FSUPD needs to review the crime report and
determine if a timely warning should be issued.
 FOR EMERGENCIES CONTACT UNIVERSITY POLICE IMMEDIATELY
BY DIALING 911 OR 850-644-1234.

25. Clery – CSA
FACT GATHERING CHECKLIST
 WHEN did the incident occur (date and time)?
 DATE the incident was REPORTED to you.
 WHAT crime was reported?
 WHERE the incident occurred (be as specific as possible).
 WHAT happened? (be as specific as possible).
 DOES the victim wish for law enforcement contact? If so, please
contact FSUPD to meet with the victim. If the victim does not wish
for law enforcement contact, offer other resources, i.e. victim
advocate, Title IX.
If a crime is in progress call the
FSU Police Department immediately. Dial 911

26. Clery – CSA
LOCATION, LOCATION, LOCATION
We must report all Clery crimes and classify them as occurring in one of four
Clery geography locations:
 On Campus
 On Campus, in a residence hall
 On public property adjacent to campus
 On non-campus property owner or controlled by the University or a recognized
student organization
Understanding Clery Geography requirements can be confusing.
 When you are getting information, get very specific information about where the
crime took place. If the crime occurred outdoors, include the side of the street
they were on and if they were on the sidewalk or not.
 If in a building, get as many details as possible.
Detailed locations will assist FSUPD in properly recording the crime in the
appropriate Clery Geography.

27. Clery – CSA
The Clery Incident Report Form
Description of the incident or crime:
 Specific questions will help police assign the crime to the correct crime category.
 Get as accurate and complete a description of what happened as you can.
 If you are not sure, report all of the information you have.
Find out the following in all cases:
 Is victim or assailant a student? Are they acquaintances?
 Does victim wish to remain anonymous?
 Has the incident been reported to police or to any other CSA?
 Was either party under the influence of alcohol or drugs?

28. Clery – CSA
The Clery Incident Report Form
Clery Crimes that must be reported to FSUPD and included in the Annual Safety
Guide and to the US Dept. of Education:
Section I Crimes:
 Murder/Non-Negligent Manslaughter: the willful (non-negligent) killing of one human
being by another and include any death caused by injuries received in a fight, argument,
quarrel, assault or commission of a crime.
 Negligent Manslaughter: the killing of another person through gross negligence. Any
death caused by the gross negligence of another. In other words, it’s something that a
reasonable and prudent person would not do.
 Rape - The penetration, no matter how slight, of the vagina or anus, with any body part or
object, or oral penetration by a sex organ of another person, without the consent of the
victim.
 Fondling - the touching of the private body parts of another person for the purpose of
sexual gratification, without the consent of the victim, including instances where the victim is
incapable of giving consent because of his/her youth or because of his/her temporary or
permanent mental incapacity.
 Incest: sexual intercourse between persons who are related to each other within the degrees
wherein marriage is prohibited by law.

29. Clery – CSA
The Clery Incident Report Form
Clery Crimes (continued):
 Statutory Rape –sexual intercourse with a person who is under statutory age of consent.
 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 or violence and/or by putting the
victim in fear.
 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.
 Burglary: the unlawful entry of a structure with the intent to commit a felony or theft. (do
not include vehicle burglaries)
 Motor Vehicle Theft: theft or attempted theft of a motor vehicle (including motorcycles,
mopeds, scooters and golf carts).
 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 of another, etc.

30. Clery – CSA
The Clery Incident Report Form
Clery Crimes (continued):
Section II: VAWA Offenses:
 Domestic Violence: includes felony or misdemeanor crimes 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 violence laws of the jurisdiction in which the crime
occurred; or 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 occurred.
 Dating Violence: means violence committed by a person who is or has been in a social
relationship of a romantic or intimate nature with the victim. The existence of such a
relationship shall be determined based on the reporting party’s statement and with
consideration of the length of the relationship, the type of relationship, the frequency of
interaction between the persons involved in the relationship. Dating violence includes, but is
not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not
include acts covered under the definition of domestic violence.

31. Clery – CSA
The Clery Incident Report Form
Clery Crimes (continued):
 Stalking: engaging in a course of conduct directed at a specific person that would cause a
reasonable person to fear for his or her safety or the safety of others or suffer substantial
emotional distress. Course of conduct means two or more acts, including, but not limited to,
acts in which the stalker directly, indirectly, or through third parties, by any action, method,
device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about
a person, or interferes with a person’s property.
Section III, Hate Crimes:
Hate Crime: a criminal offense that manifests evidence that the victim was intentionally selected
because of the perpetrator’s bias against the victim.
Bias: a preformed negative opinion or attitude toward a group of persons based on their race,
gender, religion, disability, sexual orientation, ethnicity, national origin or gender identity.
Hate crimes include any of the offenses in section I that are motivated by bias as well as the
offenses of Larceny/Theft, Simple Assault or Intimidation.

32. Clery – CSA
Specific Questions to Ask
Homicide (someone has been killed):
• Who? Where? When? How?
• Is a violent situation in progress?
• Call Police immediately
Sex offense
• Is victim in danger?
• Did assailant use or threaten force? A weapon?
• Did victim consent?
• Did victim know assailant?
• Was victim unable to consent because of drugs or alcohol?
• Was victim a minor (younger than 18)?
• Get as many details as possible and appropriate.

33. Clery – CSA
Specific Questions to Ask
Robbery, Burglary, Theft
 What was taken or attempted to be taken?
 What is its value?
 Did perpetrator accost victim in person?
 Did the perpetrator use or threaten force? A weapon? What kind?
 Was victim injured?
 Did victim feel threatened or in danger?
 Was the item taken from inside a residence, dorm room, or office?
 Was door open, closed or locked?
 What was the timeframe when the theft occurred?
 How did the suspect get in?

34. Clery – CSA
Specific Questions to Ask
Motor Vehicle Theft
 What kind of vehicle?
 Where was it taken from?
 When was it taken?
 Has it been recovered?
 Does the person know who did it?
 “Joyriding” is a motor vehicle theft if vehicle is taken by person without lawful access
Arson (something was burned)
 What was burned or attempted to be burned?
 Was anyone hurt?
 Was property damaged? How much?
 When and where did it happen?
 When was it discovered?
 Was there graffiti or other evidence of hate motivation?

35. Clery – CSA
Specific Questions to Ask
Domestic Violence
 When did the incident occur?
 When was it reported?
 How are the individuals related i.e. spouses, former spouses, related by blood or marriage,
presently residing together as if a family or who have resided together in the past as if a
family, and persons who are parents of a child in common?
 What type of violence occurred, i.e. assault, battery, sexual assault, sexual battery, stalking,
kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death?
 Where did the incident occur?
Dating Violence
 When did the incident occur?
 When was it reported?
 What is the relationship between the individuals involved? Dating means individuals who
have or have had a continuing and significant relationship of a romantic or intimate nature
(expectation of affection or sexual involvement) for 6 months or more.
 What type of violence occurred, i.e. assault, battery, sexual assault, sexual battery, stalking,
kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death?
 Where did the incident occur?

36. Clery – CSA
Specific Questions to Ask
Stalking
 When did the incident occur?
 When was it reported?
 Where did the incident occur?
 What course of action did the suspect take that put the victim or others in fear or cause
substantial emotional distress?
RECORDING THE FACTS:
Record specific, detailed information as accurately and completely as possible. Such
documentation should be devoid of jargon.
 Facts (ie, when occurred, when reported, where, what, who)
 Has the incident been reported to the police or another source at the University?
 Has the victim sought or is the victim in need of assistance or services?
 If the victim wishes to remain anonymous, you still need to submit a report. DO NOT
identify the victim.

37. Clery – CSA
Specific Questions to Ask
Hate Crimes
Involving Person Crimes
 Did the attacker confront the victim or person?
 Did the attacker use or threaten to use force? What kind?
 Was there weapon?
 Was the victim injured?
 Did the attack or threat (verbal, phone, email) include bias (gender, religion, disability, sexual
orientation, ethnicity, national origin or gender identity) comments?
Involving Property Crimes
 Was the target property a personal residence, business, house of worship, ethnic or other
organization?
 Was property damaged? How was it damaged? Value?
 Did the attack include any expression related to gender, religion, disability, sexual
orientation, ethnicity, national origin or gender identity?
 Report any vandalism to a house of worship, ethnic, religious, LGBTQ organization or other
organization for a protected group so a determination can be made as to whether a hate
crime was committed.

38. Clery – CSA
Specific Questions to Ask
REPORT THE FACTS:
 Complete the CSA Online Reporting Data Form through the FSUPD website as soon as
possible.
 Answer questions on the form as accurately and completely as possible.
 Tell the person you must report the incident as an anonymous statistic but will not identify
anyone involved.
 If you are unable to complete the online reporting form, submit a completed hard copy of
the form to the FSU Police Department Clery Act Coordinator.
Contact:
Lt. Marie Clark
mclark2@fsu.edu
850/644-1940

39. Clery – CSA
DO’S AND DON’TS OF RECORDING THE FACTS
DO:
 Get the facts
 Record the facts
 Report the facts to the University Police
 Let the victim know about options for reporting to police; however they are not
required to do so
 Inform the victim about the CSA confidential reporting process
 Inform the victim about other resources available to them
DON’T:
 Try to prove what happened or who was at fault
 Attempt to find the perpetrator

40. Clery – CSA
JUST GET THE FACTS
 Police will categorize the report: your job is to get as much information as the
person is willing to tell you.
 You don’t have to prove what happened or who was at fault.
 You are not supposed to find the perpetrator.
 DON’T identify the victim in the CSA Report.
 If they are willing for you to report their name, encourage them to come and make a
report to the Police.
 Let the person know about other reporting options, i.e. Title IX.
 A person who talks to you may not want to talk to Police—and doesn’t have to.

41. Clery – CSA
OFFER HELP
 Provide the person with information on:
• Reporting to the FSU Police Department.
• Campus programs for assisting victims of sexual and other assaults.
• Procedures for seeking medical help.
• Counseling and referral services

42. Clery – CSA
ARREST AND DISCIPLANARY REFERRALS
Universities are also required to report statistics on Liquor, Drug and
Weapon Law Violations.
 Student housing and student judicial affairs must maintain statistics on the
number of persons referred for disciplinary action for drug, liquor law and
weapons violations.
• Disciplinary referrals should not include incidents in which persons are also
arrested for the same offense.
• Statistics must reflect the total number of persons involved, not incidents.
• Disciplinary referrals are not reported on the Clery online Data Form. These
statistics are submitted in one report to the FSUPD.
 FSUPD maintains and collects statistics for arrest.

43. Clery – CSA
MISSING STUDENT REPORTS
 Any CSA who receives a report of a missing student shall immediately determine
the students status and make the following notifications:
 STUDENT WHO RESIDES OFF CAMPUS
Contact FSU Police Department 850-644-1234
 STUDENT RESIDES ON CAMPUS
Contact FSU Police Department 850-644-1234, and
Contact FSU Housing 850-644-2863

44. Clery – CSA
QUESTIONS?
Contact:
Lt. Marie Clark
850/644-1940
mclark2@fsu.edu
FSU Police Department
www.police.fsu.edu