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WHAT IS THE CLERY ACT

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WHAT IS THE CLERY ACT
Bakersfield College
1
REPORTING AND
DOCUMENTING UNDER
CLERY ACT & VAWA
Presented by
Amber Chiang & Christopher Counts
Bakersfield College
Who Are We
Amber Chiang
Director: Marketing and Public Relations
Bakersfield College
661-395-4256
Christopher Counts
Director: Department of Public Safety
Bakersfield College
661-395-4554
2
Bakersfield College
Areas to be Covered
• What is the Clery Act?
• What are the College’s responsibilities?
• How does the Clery Act apply to me?
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Bakersfield College
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WHAT IS THE CLERY ACT?
Bakersfield College
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History
19-year-old university
freshman Jeanne Ann
Clery was raped and
murdered while asleep
in her residence hall at
Lehigh University on
April 5, 1986.
Bakersfield College
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In Brief
• Jeanne Clery Disclosure of Campus Security Policy and
Campus Crime Statistics Act
• All public and private postsecondary institutions that
participate in Title IV student financial assistance
programs must comply.
• Enforced by the U.S. Department of Education (ED)
Bakersfield College
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WHAT ARE THE COLLEGE’S
RESPONSIBILITIES?
Bakersfield College
The Requirements
Every institution must:
1. Collect, classify and count crime
reports and crime statistics
2. Issue campus alerts
• Timely warning
• Emergency notification
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Bakersfield College
The Requirements, continued
3.
4.
5.
Publish an annual security report
Submit crime statistics to U.S.
Department of Education
Maintain a daily crime log
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Bakersfield College
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Timely Warning
• Alert the campus community to certain crimes in a
manner that is timely and will aid in the prevention of
similar crimes
• “Timely” is not defined.
• A warning should be issued as soon as pertinent information is
available.
• The warning must be issued for Clery Act crimes that are
considered by the institution to represent a serious or
continuing threat to students and employees.
Bakersfield College
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Emergency Notification
• The institution is required to immediately notify the
campus community upon confirmation of a significant
emergency or dangerous situation involving an immediate
threat to the health or safety of students or employees
occurring on campus.
Bakersfield College
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Timely Warning or Emergency Notification?
Emergency Notification
• Any significant emergency or
dangerous situation (including,
but not limited to, Clery crimes).
• Triggered by an event currently
occurring on or imminently
threatening the campus.
• Applies to situations that occur
Timely Warning
• Narrow focus on Clery crimes.
• Is triggered by crimes that have
already occurred but represent
an ongoing threat.
• Applies to crimes that occur
anywhere on your “Clery
Geography.”
on campus.
• Initiate procedures immediately
upon confirmation.
• Warning issues as soon as the
pertinent information is
available.
Bakersfield College
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Emergency Procedures
• The College is required to have and disclose emergency
response and evacuation procedures.
• Test it
• Great California ShakeOut
• Fire/Evacuation Drills
• Evaluate it
• Hot Wash Meetings
• Publicize it
• Emergency Notification System Tests
Bakersfield College
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Daily Crime Log
• The purpose of the daily crime log is to record criminal
incidents and alleged criminal incidents that are reported
to the campus police or security department.
• Crime log entries include all crimes reported to the
campus police or security department for the required
geographic locations, not just Clery Act crimes.
• Includes crimes that occurred within the patrol jurisdiction
of the campus police or security department.
Bakersfield College
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Missing Students
• Requires that institutions have procedures in place that it
will follow if any student residing in on-campus student
housing is determined to be missing for 24 hours.
• When a student who lives in on-campus housing is
determined to have been missing for 24 hours, you have
only 24 hours after receiving the report to initiate specific
notification procedures.
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Bakersfield College
Missing Students
Timeline
• Friday at 11:00 pm
• Saturday at 11:00 pm
• Sunday at 11:00 pm
Timeline
• Last time student is seen
• Student reported missing to
college official, including
College DPS.
• DPS makes official
determination that student is
missing.
• Emergency contact
procedures must be
initiated.
Bakersfield College
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Fire Safety Information
• Requires that institutions:
• Maintain a log of all reported fires that occur in those on-campus
student housing facilities
• Publish an annual fire safety report that contains fire safety policies
and fire statistics for each of those facilities
• Submit the fire statistics from the fire safety report annually to U. S.
Department of Education.
Bakersfield College
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Fire Safety Reporting and Disclosures
• Fire is defined as any instance of open flame or other
burning in a place not intended to contain the burning or
in an uncontrolled manner.
• Includes all fires that meet the definition regardless of
size, cause, or whether the fire results in injury, death, or
property damage.
Bakersfield College
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Consequences of Noncompliance
• Fines of up to $35,000 per violation
• Fines can be incrementally applied
UT Arlington, 2011 - $82,500
Univ. of North Dakota, 2011 - $115,000
Lincoln University, 2013 - $275,000
Bakersfield College
WHAT IS VAWA
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Bakersfield College
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Campus SaVE 2013
• The Violence Against Women Act is a federal law aimed
at ending violence against women and remedying the
laws and social practices that have fostered and justified
the history of violence against women.
• Amends the Clery Act and affords additional rights to
campus victims of sexual violence and assault.
Bakersfield College
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VAWA on Campus
• Requires “prompt, fair, and impartial” investigative
procedures
• Prohibits retaliation
• Requires awareness of rape, acquaintance rape,
domestic violence, dating violence, sexual assault, and
stalking
Bakersfield College
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Victims Who Are Minors
• All sex-based offenses involving minors must be reported
to the police.
• Absolute duty, regardless of professional position, of
person taking report, to report all sex-based offenses to
police.
Bakersfield College
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Victims of Sex-Based Offenses
• Victims are urged to report the crime to the police and
pursue criminal charges.
• College disciplinary actions can also apply to the offender.
The two are not mutually-exclusive
Bakersfield College
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Victim Support
• Victims can access resources even if they do not want to
officially report the crime
Student Health and Wellness Center
Counseling
Alliance Against Family Violence and Sexual Assault
Domestic Violence/Rape Hotline
Bakersfield College
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HOW DOES THE CLERY ACT
APPLY TO ME?
Bakersfield College
What to know…
1.
Clery Geography
2.
Clery Crimes
3.
Collecting Crime Statistics
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Bakersfield College
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Clery Geography
• Clery geography is important because statistics for Clery
crimes that don’t occur within your Clery geography are
not included in your Clery statistical disclosures even if
your students or employees are involved.
Bakersfield College
Clery Geography includes:
• On-campus Geography
• Public Property
• Non-campus Buildings or Property
• Separate Campus
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Bakersfield College
On-campus Geography, Part 1
• Your institution owns or controls them
• They are reasonably contiguous to one another
• They directly support or relate to the institution’s
educational purposes
Example?
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Bakersfield College
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On-campus Geography, Part 2
• Your institution owns but does not control them
• They are within your campus, or reasonably contiguous to
it
• They are frequently used by your students
• They are used to support the institution’s educational
purposes
Example?
Bakersfield College
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Public Property
• All public property, including thoroughfares, streets,
sidewalks, and parking facilities, that is within the campus,
or immediately adjacent to and accessible from the
campus.
Bakersfield College
Street, Sidewalk, Street
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Bakersfield College
Public Parking
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Bakersfield College
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Non-campus Buildings or Property
• Is owned or controlled by the institution
• Supports or is used for the institution’s educational
purposes
• Is frequently used by students
• Is not considered part of the core campus or a separate
campus
Arvin High School, Bakersfield Christian High School,
McFarland Community Center, etc…
Bakersfield College
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Separate Campus
• Your institution owns or controls the site
• It is not reasonably geographically contiguous with the
main campus
• It has an organized program of study
• There is at least one person on site acting in an
administrative capacity
Delano Campus
Bakersfield College
Clery Crimes
The Clery Act requires disclosure of three general
categories of crime statistics:
• Criminal Offenses
• Hate Crimes
• Arrests and Referrals for Disciplinary Action
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Bakersfield College
Criminal Offenses
• Include completed and attempted crimes of:
• Criminal Homicide
• Murder and Non-negligent Manslaughter
• Negligent Manslaughter
• Sex Offenses
• Forcible Rape
• Forcible Sodomy
• Sexual Assault with an Object
• Forcible Fondling
• Incest
• Statutory Rape
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Bakersfield College
Criminal Offenses
• Include completed and attempted crimes of:
• Robbery
• Aggravated Assault
• Burglary
• Motor Vehicle Theft
• Arson
• Domestic Violence*
• Dating Violence*
• Stalking*
*new with addition of VAWA rules
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Bakersfield College
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Crime Definitions
• Per the Clery Act, you must classify crimes based on the
Federal Bureau of Investigation’s (FBI’s) Uniform Crime
Reporting Handbook (UCR).
Bakersfield College
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Hate Crimes
• A hate crime is a criminal offense committed against a
person or property which is motivated, in whole or in part,
by the offender’s bias.
• Bias is a preformed negative opinion or attitude toward a
group of persons based on their race, gender, religion,
disability, sexual orientation or ethnicity/national origin.
• Before an incident can be classified as a hate crime,
sufficient objective facts must be present to lead a
reasonable and prudent person to conclude that the
offender’s actions were motivated, in whole or in part, by
bias.
Bakersfield College
Hate Crimes
• Murder and Non-negligent manslaughter
• Forcible sex offenses
• Non-forcible sex offenses
• Robbery
• Aggravated assault
• Burglary
• Motor vehicle theft
• Arson
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Bakersfield College
Hate Crimes
• Gender identity
• National origin
• Larceny-theft
• Simple assault
• Intimidation
• Destruction/damage/vandalism of property
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Bakersfield College
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Arrests and Referrals
Include arrests and the number of persons referred for
disciplinary action for the following law violations:
• Weapons violations
• Drug Abuse violations
• Liquor Law violations - do not include public intoxication
or DUI
Bakersfield College
Collecting Crime Statistics
• Who?
• What?
• When?
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Bakersfield College
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Campus Security Authorities
• The Clery Act requires all institutions to collect crime
reports from a variety of individuals and organizations that
Clery considers to be “campus security authorities.”
• “Campus security authority” (CSA) is a Clery-specific term
that encompasses four groups of individuals and
organizations associated with an institution.
• Consider the function of that individual or office, not the
title.
Bakersfield College
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A CSA is…
• A campus police department or a campus security
department of an institution.
• Any individual or individuals who have responsibility for
campus security but who do not constitute a campus
police department or a campus security department.
• Any individual or organization specified in an institution’s
statement of campus security policy as an individual or
organization to which students and employees should
report criminal offenses.
Bakersfield College
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A CSA is…
• An official of an institution who has significant
responsibility for student and campus activities, including,
but not limited to, student housing, student discipline and
campus judicial proceedings.
• An official is defined as any person who has the authority
and the duty to take action or respond to particular issues
on behalf of the institution.
Bakersfield College
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Who Are CSAs?
• A dean of students who oversees student housing, a
student center or student extracurricular activities.
• A director of athletics, a team coach or a faculty
advisor to a student group.
• A student resident advisor or assistant or a student
who monitors access to dormitories.
• A CSA is NOT a faculty member who does not have
any responsibility for student and campus activity
beyond the classroom.
Bakersfield College
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Roles and Responsibilities
• The function of a Campus Security Authority is to report to
the official or office designated by the institution to collect
crime report information, such as the campus police or
security department, those allegations of Clery Act crimes
that he or she concludes were made in good faith.
• A campus security authority is NOT responsible
• for determining authoritatively whether a crime took place
• for trying to convince a victim to contact law enforcement if the
victim chooses not to do so
Bakersfield College
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CSA Documentation
• If unsure whether an incident is a Clery crime, or even if
it’s criminal in nature, you should report it.
• Provide as much information about a criminal incident as
possible to the college DPS and to categorize the crime.
• Crime reports should include personally identifying
information if available.
Bakersfield College
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Timelines for CSAs
• Under Clery, a crime is “reported” when it is brought to the
attention of a campus security authority by a victim,
witness, other third party or even the offender.
• It doesn’t matter whether or not the individuals involved in the
crime, or reporting the crime, are associated with the institution.
• If a Campus Security Authority receives the crime
information and believes it was provided in good faith, he
or she should document it as a crime report.
Bakersfield College
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Test Your CSA IQ
A student mentions to her boyfriend that a number of rooms
in the hallway of her residence hall were broken into during
the previous night’s basketball game. Later that day, her
boyfriend tells the athletics director what he heard. The AD
asks which dorm it was and what, if anything else, the
boyfriend knows about the incident.
Student – Boyfriend – Athletic Director
Bakersfield College
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Test Your CSA IQ
• Analysis:
• Clery geography?
• Clery crime?
• Report made to CSA in good faith?
• The AD should document the information and forward it to
the college’s Department of Public Safety per the school’s
crime reporting policy.
Bakersfield College
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Resource
• The Handbook for Campus Safety and Security Reporting
• http://www2.ed.gov/admins/lead/safety/handbook-2.pdf
Bakersfield College
Contact Information
Amber Chiang
Director: Marketing and Public Relations
Bakersfield College
661-395-4256
Christopher Counts
Director: Department of Public Safety
Bakersfield College
661-395-4554
56
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