Clery Act & Campus Security Authorities
The Clery Act is a federal law designed to ensure that people are properly informed about campus crimes.
Originally named the Crime Awareness and Campus Security Act of 1990, the policy was renamed the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) in 1998.
What are the requirements of the Clery Act?
Under the Clery Act, any postsecondary institution that participates in federal Title IV student financial assistance programs is required by law to:
- issue an annual security report that discloses campus crime statistics to current and prospective students, employees and the U.S. Department of Education.
- advise students and employees of current crimes and issue timely safety warnings and emergency notifications for crimes that pose a serious or continuous threat to the campus community.
- make available its campus security policies.
- maintain a public, daily log of reported crimes.
Why is the Clery Act relevant to you?
In order for UIndy to fulfill these responsibilities and maximize safety on campus, individuals throughout all parts of campus (not just law enforcement) must work together to report knowledge of crimes on campus.
Individuals in certain positions throughout campus are designated as Campus Security Authorities (CSAs), and they are required to promptly report any crimes of which they are aware so that the incidents can be included in campus crime reports and statistical reporting in accordance with the Clery Act.
CSAs also help promote campus safety because timely reports allow campus police to issue alerts when others on campus may be in danger.
What is the purpose of a Campus Security Authority (CSA)?
- The intent of including non-law enforcement personnel in the role of CSA is to acknowledge that some community members, particularly students, may be hesitant about reporting crimes to the police; however, they may be more inclined to report incidents to other campus-affiliated individuals.
Who is a CSA?
Someone who works as part of campus police or campus security.
Someone who has responsibility for campus security but does not constitute police or security. Examples include:
— Special event staff
— Parking enforcement
Any individual or organization specified via UIPD’s security policy as someone to whom students and employees can report criminal offenses.
Any University official with “significant responsibility for student campus activities.” These activities include student housing, student discipline and campus judicial proceedings. Examples include:
— Dean of Students
— Director of housing/residence life
— Residential life staff (including resident assistants)
— VP of athletics
— Team coaches
— Student discipline officials, student judicial affairs officials, student conduct, VP of Student Affairs
— Officials who oversee a student center
— Officials who oversee student extracurricular activities
— Faculty advisors to student groups/organizations
Who is not a CSA?
- A faculty member who does not advise a student group.
- Support staff (including clerical, maintenance and food service workers).
- Campus health physicians or nurses whose only responsibility is to provide care to students.
Who is exempt* from being a CSA?
*These people are only exempt when acting in the role and within the scope of a professional license or religious assignment (i.e., if a faculty advisor is also a licensed counselor, he/she would still need to report if actively advising and not counseling).
Pastoral counselor recognized by a religious organization to provide confidential counseling.
Professional licensed mental health counselor.
Responsibilities of a CSA
What to do if you are a CSA:
If you are a CSA, you are required to report relevant crimes of which you are aware to campus police immidiately. Reports should be “in good faith,” meaning you may not be sure if the crime occurred but you have reasonable grounds for believing it is possible and not simply a rumor or hearsay. If you witness a crime, become aware of a crime or someone else reports a crime to you, you must report the incident to campus police.
Ensure timely notification of crimes to allow the University the opportunity to decide whether or not a community Crime Alert should be issued. Timely reports also assist in maintaining accurate crime data.
What NOT to do if you are a CSA:
CSAs are not responsible for solving the crime. You should not determine if the crime actually occurred, prove that the crime occurred or attempt to find the perpetrator of the crime.
You should not try to convince a victim to contact law enforcement if the victim chooses not to do so.
What to do if you are not a CSA
If you are not a CSA, you are not required to report incidents divulged to you. However, you can still advise the victim that he/she can individually report the crime (anonymously, if preferred) and encourage him/her to seek further help, counseling and support services. Please refer to the “resources” section for contact information of support services.
Clery Crimes Defined
Murder and Non-negligent Manslaughter
— The willful (non-negligent) killing of one human being by another.
— The killing of another person through gross negligence.
Sex Offenses — Non-Forcible
— Unlawful, non-forcible sexual intercourse (incest or statutory rape)
— 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.
— 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.
— The unlawful entry of a structure to commit a felony or a theft. (Each bedroom in a student housing facility suite is considered a separate dwelling.)
Motor Vehicle Theft
— The theft or attempted theft of a motor vehicle (even if the vehicle is later abandoned).
— 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.
— The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another.
— 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 unlawfully place another person in reasonable fear or 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.
Destruction/Damage/Vandalism of Property
— To willfully or maliciously destroy, damage, deface, or otherwise injure real or personal property without the consent of the owner or the person having custody or control of it.
— The violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, concealment, or use of firearms, cutting instruments, explosives, incendiary devices or other deadly weapons. This classification encompasses weapons offenses that are regulatory in nature.
Drug Abuse Violations
— The violation of laws prohibiting the production, distribution, and/or use of certain controlled substances and the equipment or devices utilized in their preparation and/or use. The unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation, or importation of any controlled drug or narcotic substance. Arrests for violations of state and local laws, specifically those relating to the unlawful possession, sale, use, growing, manufacturing and making of narcotic drugs.
Crimes a CSA Must Report
While there are many types of crimes that may occur on campus, CSAs only need to report certain types of crimes that fall under the Clery Act. You can still advise people to report other crimes and support them in finding necessary support services.
CSAs must report an actual or suspected crime if:
1. The type of crime is considered a:
Criminal Homicide: murder and non-negligent manslaughter
Criminal Homicide: negligent manslaughter
Sexual Assault (Forcible and Non-Forcible Sex Offenses)
Motor Vehicle Theft
Destruction/Damages/Vandalism of Property
Criminal Offense (as described above)
2. The crime occurred in one of these locations:
On campus — including student residential buildings
On public property — adjacent to and accessible from campus
On non-campus property — owned or controlled by the institution or a recognized student organization
For a definition of each of these types of crimes, please see the “Clery Crimes Defined” section.
If you are unsure whether or not the incident falls under one of these categories, report it.
How a CSA Reports a Crime
If you are a CSA and someone reports a Clery crime to you, report it immediately to campus police by taking these steps:
Ensure the safety of yourself and the reporter/victim. In an emergency or imminent danger, call 911 immediately.
Inform the victim that you are required to report the incident to campus police to be included in crime statistics, even if the victim chooses not to press charges or file a report with law enforcement. If the victim prefers, you can report without disclosing the victim’s identity.
Listen to the person. Collect the information needed for reporting. The more complete the description, the better. Be sure to include the following information in the report:
— Type of crime
— Location of crime
— Date and time that the crime occurred
— Date and time that the person reported the crime to you
— Name of victim (if confidential report is not requested)
— Identities of known suspects or witnesses
— Description of the incident or crime
Fill out the crime report form, as soon as possible and follow the directions on the form to submit it.
Inform the victim of his/her option to also self-report the crime to campus police and local police for investigation. Victims can also report confidentially through silent watch anonymous reporting on the UIPD website.
Inform the victim of how to seek medical help and refer the victim to additional support services if needed. Please refer to the “resources” section for contact information and support services for your campus.
If you are in doubt as to whether or not the incident needs to be reported, report it.
Information should be documented and reported as a crime regardless of whether the victim chooses to file a report with law enforcement or press charges.
You should report attempted crimes, even if the crime was not completed.
You should NOT investigate the incident or try to solve the crime.
Watchdog, the University’s emergency notification system, will be used to disseminate important information and instructions.