The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the "Clery Act"), requires college and universities to compile and publish statistics on certain criminal offenses that occur on or adjacent to university properties.
Campus Security Authorities
Although Indiana University strongly encourages everyone to report any crime that occurs on or around campus, the Clery Act requires certain crimes reported to a Campus Security Authority (CSA) be included in those annual statistics. Therefore, CSAs must be identified and trained in their reporting responsibilities. If CSAs fail to report and/or if the university has not properly identified and trained these individuals, it can cause the university to suffer significant fines and jeopardize Title IV funding.
A Campus Security Authority is a term used in the Clery Act to describe someone who has significant responsibility for student and campus activities. The regulations that govern the Clery Act (34 CFR 668.46) define a CSA as:
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...such as an individual who is responsible for monitoring entrance into institutional property.
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.
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.
Pastoral and professional counselors are not considered a campus security authority when acting in their roles as a pastoral or professional counselor.
What responsibilities does a Campus Security Authority have?
CSAs and their supervisors must:
Understand their reporting obligation and the types of information they must share. This understanding is obtained by completing the CSA training annually.
- As a CSA, you must immediately contact IUPD to share the information that was reported to you. Under the Clery Act, a crime is considered "reported" as soon as it is brought to the attention of a CSA, and in some situations an immediate warning to the campus community might be necessary.
How do I know if I am a Campus Security Authority?
At Indiana University, position information is used to assist in the identification of positions that may qualify the incumbent to be a CSA. However, position details cannot identify every position that has CSA responsibilities, therefore it is also up to individuals to review their position responsibilities and comply with the training and reporting requirements if their position fits into the definition of a Campus Security Authority.
If I am a CSA, how do I fulfill my annual training obligation?
Training materials are located in IU's Canvas system. The training can be found at the link below. The training materials are approximately 20 minutes long. CSAs are required to review the training materials annually.
I have been made aware of a Clery Reportable Crime, how do I make the report to the Indiana University Police Department?
If you are made aware of a Clery Reportable Crime, you can report in any of the following ways:
If there is an emergency, or a serious and continuing threat to anyone, call 911 or the police immediately.
If the incident is not an emergency, or serious and continuing threat, you can make a report by contacting the IUPD division located on your campus. You may also fill out a CSA Crime Report Form. Reports should be made to the IUPD immediately.
Do you have a dual role as a Responsible Employee under Title IX?
CSAs, as defined in the Clery Act, and Responsible Employees, as defined in Title IX guidance, are very similar in the scope of their responsibilities and obligation to report certain information to designated university officials. However, these roles are also different in terms of the types of information that must be reported and who that information should be reported to. Additional information about the differences and similarities in these roles can be found on IU's Stop Sexual Violence Website.Read the employee FAQs
What information is reportable under the Clery Act?
Certain crimes, "Clery Act Crimes," occurring on "Clery Reportable Geography" must be reported to the Indiana University Police Department (IUPD). The IUPD will analyze the information and determine if it qualifies for a Crime Alert to be sent, if it needs included on the Daily Crime Log, and if it should be included in the campuses Annual Disclosure of Crime Statistics (located in the Annual Security Report).
Clery reportable crimes and definitions
- Clery reportable geography
To qualify as reportable, a Clery Act crime must have occurred in one of the following locations:
- On-Campus: (1) Any building or property owned or controlled by an institution within the core campus (same reasonably contiguous geographic area) and used by the institution in direct support of, or in a manner related to, the institution’s educational purposes, including residence halls; and (2) any building or property that is within or reasonably contiguous to the area identified in paragraph (1), that is owned by the institution but controlled by another person, is frequently used by students, and supports institutional purposes.
- Non-Campus: (1) Any building or property owned or controlled by a student organization that is officially recognized by the institution; or (2) any building or property owned or controlled by an institution that is used in direct support of, or in relation to, the institution’s educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the institution.
- Public Property: All public property, including thoroughfares, streets, sidewalks, and parking facilities, that is within the core campus, or immediately adjacent to and accessible from the core campus.
- Clery reportable crimes
For Clery Act reporting, crimes must be reported according to the FBI’s Uniform Crime Reporting Handbook (UCR). For sex offenses only, the definitions that are used are from the FBI’s National Incident-Based Reporting System (NIBRS).
Murder/Non-Negligent Manslaughter: the willful (non-negligent) killing of one human being by another. NOTE: Deaths caused by negligence, suicides, accidental deaths, and justifiable homicides are excluded. Assaults to murder and attempts to murder should be classified as aggravated assault.
Negligent Manslaughter: the killing of another person through gross negligence.
Robbery: the taking or attempting to take anything from value of 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 to commit a felony or a theft. (For reporting purposes this definition includes: unlawful entry with intent to commit a larceny or a felony; breaking and entering with intent to commit a larceny; housebreaking; safecracking; and all attempts to commit any of the aforementioned.)
Motor Vehicle Theft: the theft or attempted theft of a motor vehicle. (Classify as motor vehicle theft all cases where automobiles are taken by persons not having lawful access, even though the vehicles are later abandoned - including joy riding)
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, or personal property of another kind.
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 consent of the victim.
Fondling: The touching of the private body parts of another person for the purposes of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
Incest: Nonforcible sexual intercourse between persons who are related to each other within the degree wherein marriage is prohibited by law.
Statutory Rape: Nonforcible sexual intercourse with a person who is under the statutory age of consent.
- 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 performed negative opinion or attitude towards a group of persons based on their race, gender, religion, disability, sexual orientation, ethnicity, national origin or gender identity. For Clery purposes, hate crimes include any of the above offenses (minus non-negligent manslaughter) and the addition of the categories below.
Larceny: the unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another.
Simple Assault: the 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 lacerations, or loss of consciousness.
Vandalism: to willfully or maliciously destroy, injure, disfigure, or deface any public or private property, real or personal, without the consent of the owner or person having custody or control by cutting, tearing, breaking, marking, painting, drawing, covering with filth, or any other such means as may be specified by local law.
Intimidation: 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.
- Violence Against Women Reauthorization Act of 2013 (VAWA)
The Violence Against Women Reauthorization Act (“VAWA”), which President Obama signed into law on March 7, 2013 imposes new obligations on colleges and universities under its Campus Sexual Violence Act (“SaVE Act”) provision, Section 304. Under this law the additional crime categories will need to be collected:
Domestic Violence: includes misdemeanor and felony crimes of violence committed against a victim when the offender is the spouse of the victim, a former spouse of the victim, or an intimate partner of the victim, or has a child in common with the victim. Domestic violence also includes misdemeanor or felony crimes of violence when the victim is a minor subject to the control of the offender, or is an incapacitated individual subject to the control of the offender.
Dating Violence: violence by a person who has been in a romantic or intimate relationship with the victim. Whether there was such relationship will be gauged by its length, type, and frequency of interaction.
Stalking: a course of conduct directed at a specific person that would cause a reasonable person to fear for her, his, or others' safety, or to suffer substantial emotional distress. Note: the physical location of the course of conduct or portions of it does not matter.
- Arrest and referrals for disciplinary action
The third category of crime statistics is the number of arrests and the number of referrals for disciplinary action for the categories listed below. Please note, these statistics are based on violations of the law, and not the university's policies that resulted in the disciplinary referral.
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: opium or cocaine and their derivatives (morphine, heroin, codeine); marijuana; synthetic narcotics (Demerol, methadones); and dangerous non-narcotic drugs (barbiturates, Benzedrine).
Liquor Law Violations: The violation of laws or ordinance prohibiting: the manufacture, sale, transporting, furnishing, possessing of intoxicating liquor; maintaining unlawful drinking places; bootlegging; operating a still; furnishing liquor to a minor or intemperate person; using a vehicle for illegal transportation of liquor; drinking on a train or public conveyance; all attempts to commit any of the aforementioned. (Drunkenness and driving under the influence are not included in this definition.)