What is the Clery Act?

Originally known as the Campus Security Act, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 USC § 1092(f) is the landmark federal law that requires colleges and universities across the United States to disclose information about crime on and around their campuses. The law is tied to an institution's participation in federal student financial aid programs and it applies to most institutions of higher education both public and private. The Clery Act is enforced by the United States Department of Education.

The law was amended in 1992 to add a requirement that schools afford the victims of campus sexual assault certain basic rights, and was amended again in 1998 to expand the reporting requirements. The 1998 amendments also formally named the law in memory of Jeanne Clery.  Subsequent amendments in 2000 and 2008 added provisions dealing with registered sex offender notification and campus emergency response. The 2008 amendments also added a provision to protect crime victims, "whistleblowers", and others from retaliation.
 
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. With the information that the Clery Act provides, it allows students and their families to make an educated and informed decision about the college or university they choose to attend.
Definitions & Crimes Reportable Under the Clery Act
Murder – the willful killing of one human being by another
 
Manslaughter
  •  Non-negligent Manslaughter – The willful non-negligent killing of one human being by another. 
  • Negligent Manslaughter – The killing of another person through gross negligence. 
Forcible Sex Offenses
  • Forcible Rape – The carnal knowledge of a person, forcibly and/or against that person’s will; or forcibly or against the person’s will where the victim is incapable ofgiving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.  
  • Forcible Sodomy - Oral or anal sexual intercourse with another person, forcibly and/or against that person’s will; or not forcibly against the person’s will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.  
  • Sexual Assault With An Object – The use of an object or instrument to unlawfully penetrate, however slight, the genital or anal opening of the body of another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity. 
  • Forcible Fondling – The touching of the private parts of another person for the purpose of sexual gratification, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.   

Non-forcible Sex Offenses
 
  • Incest – Non-forcible sexual intercourse between two persons who are related to each other within the degrees wherein marriage is prohibited by law. 
  • Statutory Rape – Non-forcible sexual intercourse with a person who is under the statutory age of consent. 

Domestic Violence – Abuse between family or household members.
 
  • The law defines family and household members as spouses or former spouses, adults related by blood, person’s cohabitating or who have cohabitated, persons in a past or present sexually intimate relationship, or unmarried parents of a child. 
  • Abuse is the occurrence of one or more of the following acts: 
  1. Attempting to cause or causing (with or without a deadly weapon):
    1. Bodily injury
    2. Rape
    3. Involuntary deviate sexual intercourse (oral sex, anal sex, vaginal or anal penetration with a foreign object performed under force or the threat of force, or while unconscious.
    4. Sexual assault 
    5. Aggravated indecent assault (vaginal or anal penetration with a finger for the purposes of arousal without consent, under force or threat of force, or while the person is unconscious.
    6. Incest 
  2. Placing another in reasonable fear of immediate serious bodily injury. 
  3. False imprisonment 
  4. Physical or sexual abuse of a child 
  5. Engaging in a course of conduct or repeatedly committing acts toward another person, including following the person, under circumstances which place the person in reasonable fear of bodily injury. 
 
Stalking – A person commits the crime of stalking when the person either:
 
  • Engages in a course of conduct or repeatedly commits acts toward another person, including following the person without proper authority, under circumstances which demonstrate either intent to place such other person in reasonable fear of bodily injury or to cause substantial emotional distress to such other person.  
  • Engages in a course of conduct or repeatedly communicates to another person under circumstances which demonstrate or communicate either intent to place such person in reasonable fear of bodily injury or to cause substantial emotional distress to such other person. 
Dating Violence – 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, and the frequency of interaction between the persons involved in the relationship.
 
For the purposes of definition:
 
  • Dating violence includes, but not limited to, sexual or physical abuse or the threat of such abuse. 
  • Dating violence does not include acts covered under definition of domestic violence. 
  • For the purpose of complying with the requirements of this section, any incident meeting this definition is considered a crime for the purpose of the Clery Act reporting. 

Robbery – The taking or attempting to take anything from the care, custody, or control of a person or persons by force, 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 is usually 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 to commit a felony or a theft.  For reporting purposes this definition includes: unlawful entry with intent to commit a larceny or felony; breaking and entering with intent to commit larceny, housebreaking, safecracking, and all attempts to commit any of the aforementioned. 
 
Motor Vehicle Theft – The theft or attempted theft of a motor vehicle, and all motor vehicle theft cases where automobiles are taken by persons not having lawful access even though the vehicle are later abandoned, including joyriding.
 
Arson – Any willful or malicious burning or attempting to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc. 
 
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, but not limited to:
  • Opium or cocaine and their derivatives (morphine, heroin, codeine) 
  • Marijuana 
  • Synthetic narcotics (Demerol, methadone) 
  • Dangerous non-narcotic drugs (barbiturates, Benzedrine). 
 
Liquor Law Violations – The violations of laws or ordinances prohibiting:
  • The manufacture, sale, transportation, furnishing and possessing intoxicating liquor. 
  • Maintaining unlawful drinking places. 
  • Bootlegging or operating a still. 
  • Furnishing liquor to a minor or intemperate person. 
  • Using a vehicle for illegal transportation of liquor. 
  • Drinking on train or public conveyance. 
  • All attempts to commit any of the aforementioned. 

Hate Crimes – The law requires the release of statistics, by category, of prejudice concerning the occurrence of hate crimes in the crime classification listed in all the aforementioned categories, and larceny-theft, simple assault, intimidation, destruction, damage or vandalism of property, or crime involving bodily injury to any person in which the victim is selected because of the actual or perceived race, gender, gender identity, religion, sexual orientation, ethnicity, national origin, or disability of the victim.
 
The definitions of additional hate crimes categories are as follows:
 
  • Larceny Theft – The unlawful taking, carrying, leading, or riding away of property from the possession, or constructive possession, of another. 
  • Threats – Intimidation, includes stalking, 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. 
  • Vandalism – To willfully or maliciously destroy, damage, deface, or otherwise injure real or personal property, without consent of the owner or the person having custody or control of it. 
  • Simple Assault – An unlawful physical attack by one person upon another where neither the offender or the victim displays a weapon, and the victim suffers obvious severe  or serious bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness.

What is Salus University obligated to do?

The Clery Act requires colleges and universities to publish an Annual Security Report (ASR) by October 1st of each year.  The ASR must document three calendar years of select campus crime statistics including security policies and procedures, and information on the basic rights guaranteed victims of sexual assault. The law requires schools make the report available to all current students and employees, as well as prospective students and employees, who must be notified of its existence and given a copy upon request. Schools may comply with the requirement via the internet if required recipients are notified and provided exact information of where it can be located on-line. Paper copies of the ASR should be available upon request.  All crimes statistics must be provided to the U.S. Department of Education.
What is a Campus Security Authority (CSA)?
The “Campus Security Authority” is a Clery specific term that encompasses four groups of individuals and organizations associated with an institution.
 
  • 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 campus security department.  Some institutions may have individuals who provide security for parking lots, monitor access into a campus facility, act as event security, or escort students and staff after dark.  (not applicable to Salus University). 
  • Any individual or organization specified in an institutions statement of campus policy as an individual or organization to which students and employees should report criminal offenses other than Safety and Security.  (e.g. Counselor at C.P.P.D. or Title IX Coordinator). 
  • An official of an institution who has significant responsibility for student and campus activities, including, but not limited to, student housing, student discipline and judicial procedures.  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. 
 As you can see from the four groups above, a large number of our Salus community are not considered a CSA.  Here are some examples of individuals who are not considered a CSA:
 
  • A faculty member who does not have any responsibility for student and campus activity beyond the classroom. 
  • Clerical employees 
  • CafĂ© staff 
  • Facilities staff 
  • Professional and religious counselors who are functioning in the scope of their license and religious training. 
As a Campus Security Authority, you are required, under the Clery Act, to report incidents when you are notified by a student, staff, faculty or visitor that a crime took place.  If the victim chooses not to file an official report and wishes to remain anonymous, take as much information as possible about the incident without compromising their identity.  Remember the “5 W’s” when asking for information.  Who, What, Why, Where and When.

Not sure if you are a Campus Security Authority?  Please contact the Director of Safety and Security for clarification.