THE CLERY ACT, CAMPUS SECURITY AUTHORITIES (CSAS) AND YOU

An overview of what it means to be a Campus Security Authority

University of Nebraska - Kearney

Introduction• Compliance with the Clery Act is a collaborative effort, requiring everyone to

work together.• The Clery Act’s goal is to provide adequate crime information to allow the campus

community to keep itself safe; it has an important and meaningful purpose.• Certain crimes occurring within the campus geography must be reported by

campus security authorities (CSAs) to University Police for safety and statistical analysis, not necessarily for investigation. The statistics must be included in UNK’s Annual Campus Security and Fire Safety Report and uploaded to the Department of Education website.

• No names or criminal investigation information is ever included in the statistics or any Clery-related reports.

• Crime information is annually requested from CSAs, as well as law enforcement agencies having jurisdiction over non-campus UNK property.

The Clery Act• The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime

Statistics Act (20 USC § 1092(f)), requires schools to disclose information about crime on their campuses. The “Clery Act” is named for 19 year old Lehigh University freshman Jeanne Ann Clery who was raped and murdered while asleep in her dorm on April 5, 1986.

• The law applies to most higher educational institutions that receive federal aid and is enforced by the United States Department of Education.

• Among other things, the Clery Act requires universities to provide policy statements and crime statistics to current and prospective students and employees and issue timely warnings for crimes that present a continuing safety threat.

Campus Security Authorities• The Clery Act identifies certain persons as “Campus Security Authorities” (CSAs).

These mandated individuals have responsibilities to report crimes that they witness or that are reported to them. By virtue of their position and function in regards to official job duties, or volunteer engagements, CSAs have an obligation under the Clery Act to notify the University (via University Police) of certain crimes.

• Non-law enforcement personnel are included as CSAs, as some campus community members may be hesitant to report crimes to the police, but may feel comfortable enough to report incidents to other campus-affiliated individuals.

• CSAs are defined by their function, and not simply by their title.

Where You Come In

Per your UNK role, you have been identified as a CSA.• The Clery Act defines four categories of CSAs:

1. University Police2. Persons or offices responsible for campus security3. People/offices to which crimes may be reported (Title IX, Dean of Students,

Human Resources, etc.)4. Officials with significant responsibility for student and campus activities

Who is a CSA?

Common examples of CSAs include, but ate not limited to: Head Coaches Advisors (both academic & student organization) Residence Directors/Assistants Greek Affairs Coordinators Guest Relations/Security Attendants Title IX Coordinators Student Activity Coordinators Deans/Directors of Student-related Programs

• The vast majority of UNK CSAs are staff and faculty having “significant responsibility for student and campus activities,” meaning they have direct relationships with students.

Advisors as CSAs

As noted, CSAs are not just campus police or security personnel. The Act defines CSAs as those having the authority and duty to take action or respond to particular issues on behalf of the institution and who have significant responsibility for student and campus activities.• Advisors have significant responsibility over student activities (whether

undergraduate or graduate students) and have the authority and duty to respond to reported crimes. A person performing the following functions would be a CSA: Anyone acting as an advisor to Recognized Student Organization (RSO). Non-faculty employees whose position is serving as an advisor to students. A faculty member or graduate assistant that has responsibility for student and

campus activity beyond the classroom (anything not related to the course and/or an understanding of course material).

Why Me, Not Them?• The following are not CSAs (not all inclusive):

Assistants or administrative staff who do not advise, hire, or manage students (i.e. clerical, dining hall, maintenance staff)

Faculty having no responsibilities for students and campus activities outside of the classroom.

UNK Counseling Center, Woman’s Center, and Student Health Pastoral/professional licensed counselors when acting as such

While not CSAs, these individuals are encouraged to explain the reporting process, if, in their judgement, it is appropriate (counselor must use his/her judgement) and then report if approval is granted.

• All employees are strongly encouraged re report crimes to University Police.

What Must I Do?

Being a CSA is simply acting in your everyday role(s) and being there if needed to act as a resource, then forwarding reports as necessary.• Obtain as much information as the person is willing to tell, then ensure that it is

reported to the UNKPD by relaying the report to a UNKPD officer.• You don’t have to prove what happened, who was at fault, determine or find the

perpetrator, or even correctly classify the crime; just get facts and forward.• Report to the UNKPD or complete electronic report immediately upon notification

of the crime; complete annual verification upon request.• If aware of a crime, don’t assume someone else knows and has reported; report it

yourself (don’t worry about duplicated reports).

Crimes to Report

The Clery Act specifically identifies those crimes occurring within the campus geography which must be reported. The general crimes are: Criminal Homicide Aggravated Assault Burglary Arson Dating Violence

Drug Law Violations/Arrests Liquor Law Violations/Arrests Weapon Law Violations/Arrests

Sex Offenses Robbery Motor Vehicle Theft Domestic Violence Stalking

Hate Crime Reporting

Any time a crime appears to be motivated by hate or bias, it must specifically by identified as a “Hate Crime.”• Hate crimes can include any of Clery reportable crimes or one of the following:

Larceny-Theft Simple Assault

• The type of bias must also be identified. The categories of bias include the victim’s actual (or that perceived by the perpetrator): Race Religion Gender Gender Identity

Intimidation Destruction/Vandalism

Sexual Orientation Ethnicity National Origin Disability

Dealing With VictimsWhen a victim reports a crime, let him/her know you are there to help and will aid them in seeking services and/or reporting if they so desire.• Let the victim know of the available resources, which include:

UNKPD Women’s Center Title IX Coordinator Student Conduct/Dean of Students Human Resources Kearney Area Hospitals (Good Sam, Kearney Regional Medical Center, FAN) Counseling Services (UNK Counseling Center)

• Let the victim know he/she has the option to report directly to the police, or that a report can be made confidentially with no police involvement.

• Let the victim know that you are required to forward the report for statistical purposes, but names will be withheld upon request.

Reporting In a Nutshell• Joseph Storch, Associate Counsel with the Office of General Counsel for the State

University of New York, has developed a succinct summary statement (useful, but not endorsed by the Department of Education):

“You have been defined or designated as a Campus Security Authority; this means that if you witness, learn of, or hear about a Clery Act crime, you must, as soon as possible, contact [University Police] and tell them what happened, when it happened, and where it happened; you may identify the victim or keep the victim’s identity confidential.”

• When in doubt, report it!

Clery Act & Title IX; the difference• Clery Act:

Reporting is required only if the Clery-defined crime occurred within campus geography; names can be withheld.

Reports are made to University Police directly CSA reports are for statistical & safety review purposes only.

• Title IX: Reports go to the Title IX Coordinator, who investigates any incident of sexual

harassment or misconduct, and includes all cases of sexual assault, stalking, domestic violence, or dating violence.

Incidents which occur on campus, or between members of the campus community, whether on-or-off campus, are investigated, regardless of whether the victim desires the investigation.

Incidents investigated by the Coordinator are completely separate from any investigation conducted by UNKPD.

Reports must include the names of those involved.

Failure to Comply

Compliance with the Clery Act is NOT voluntary – failure is not an option! The Department of Education can levy a fine of $35,000 per violation; Worst Case, bar a school from receiving federal financial aid.• Monetary penalties imposed on other institutions include:

Yale: $165,000 fine – failed to report 4 sex offenses, all on-campus property and 7 required policies (4/13)

Tarleton State University: $123,500 settlement – failed to report crimes (07/12)

Eastern Michigan University: $350,000 fine – failed to provide timely warnings, lacked timely warnings policy, missed policy statements, failed to get crime stats or update crime (12/07)

University of Nebraska – Kearney: $65,000 fine – failed to report a burglary and improperly disclosed crime statistics (07/14)

For More Information• If there are ever any questions, please contact Lieutenant Adams at UNK Police

Department, adamsdg@unk.edu or 308-865-8517. Questions are both expected and encouraged.