• Reporting Crimes for Annual Security Report (The Clery Act)

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    PURPOSE

    The Jeanne Clery Disclosure of Campus Security Policy & Campus Crime Statistics Act (Clery Act) requires all colleges and universities that receive federal funds to report crime statistics. Pursuant to the Clery Act, higher education institutions must:

    1. publish and disseminate an annual campus security report containing various security policies and three years of crime statistics;
    2. issue timely warnings about crimes that pose an ongoing danger; and
    3. maintain a public crime log of all crimes reported to their police or security department.

    The United States Department of Education (DOE) monitors compliance with the Clery Act and can issue civil fines up to $27,500 per violation for a substantial misrepresentation of the number, location, or nature of the crimes required to be reported and can also suspend a university from participating in federal student financial aid programs. In addition, the DOE’s Final Review Determination reports are public documents.

    It is important for every campus security authority at Monmouth University to understand what is required of them under the Clery Act.

    CAMPUS SECURITY AUTHORITY

    1. Definition

      The Clery Act regulations define the following persons as campus security authorities:
      1. A member of a campus police department or a campus security department of an institution.
      2. Any individual who has responsibility for campus security but who does not constitute a campus police department or a campus security department (e.g., an individual who is responsible for monitoring the entrance into institutional property).
      3. 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.
      4. 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.
       
    2. Examples of Campus Security Authorities at Monmouth University

      Examples of campus security authorities at Monmouth University include, but are not limited to:
      • All members of the Monmouth University Police Department.
      • All Vice Presidents, Associate Vice Presidents, and Assistant Vice Presidents.
      • All Academic Deans, Associate Deans, and Assistant Deans.
      • All Advisors to recognized student clubs and organizations, including fraternities and sororities.
      • All Vice Presidents, Deans and Directors, Associate Deans and Directors, Assistant Deans and Directors, and Advisors in the following units of the organizational area of Student Services:
        • Student Services
        • Student Activities
        • Student Center Operations
        • Director of Off Campus & Community Services
        • Student Activities for Greek Life
        • Judicial Affairs & Special Projects
        • International Student Services
        • Residential Life.
         
      • All Directors and Associate Directors, and all Head Coaches, in the Athletics Department.
       
    3. Examples of Non-Campus Security Authorities at Monmouth University

      Individuals who would not meet the criteria for being campus security authorities include, but are not limited to:
      • Faculty members who do not have any responsibility for student and campus activity beyond the classroom
        • Cafeteria Staff
        • Clerical Staff
        • Payroll
        • Accounts Payable
        • Professional counselors acting within the scope of their license or certification
         
       

    WHAT IS REQUIRED?

    1. “Reported” Crimes

      All campus security authorities are required to disclose incidents that are suspected to be crimes or alleged to be crimes (called in Cleary Act terminology “reported crimes”) even if at some later date it is determined that no crime was committed. A crime is reported when it is brought to the attention of a campus security authority or the local police by the victim, witness, other third party, or even the offender.
       
    2. Location

      The Clery Act requires universities to disclose statistics for offenses committed in certain geographic locations associated with the University. Locations that must be included are:
       
      1. On Campus

        On campus locations include buildings or properties that the University owns, rents, or leases. A building or property owned by a third party that has a written contract with the University is also to be considered controlled by the University. Examples of on campus building or property are:
        • residence halls
        • buildings that house classrooms and labs
        • buildings that house administrative offices
        • fraternity and sorority houses located on campus that are owned or controlled by the institution
        • student activity centers
        • health clinics
        • storage facilities
         
      2. Noncampus Buildings or Property

        For Clery Act purposes, any building or property that is either owned or controlled by an officially recognized student organization is considered to be a “noncampus” location. It is irrelevant whether or not the building or property is located on campus or off campus. Noncampus buildings or properties that are not part of the main campus, and do not constitute a separate campus must meet the following criteria:
        • owned or controlled by the University;
        • used for its educational purposes; and
        • frequently used by students.
        1. Examples of Noncampus -- Examples of noncampus buildings or property for Clery Act purposes are:
          • research facilities
          • institutionally owned research vessels carrying students participating in institutional programs
          • a site owned or controlled by the University where a student does an internship, externship, clinical training or student teaching
           
        2. Examples of Properties Not Considered Noncampus -- For Clery Act purposes, the following properties would not be classified as noncampus locations:
          • A group of students who go on an overnight trip to see a play and rent hotel rooms. Any crimes that occur in the hotel rooms would not have to be disclosed for Clery Act purposes.
          • A coffee house located just off campus that is frequented by students and not controlled by the University. Crimes would not need to be disclosed.
           
         
      3. On Public Property

        Offenses that occur on public property (property not owned or controlled by the University and not private residences or businesses) must be disclosed. Only public property that is within the campus, or next to or bordering the campus and that is easily accessible from the campus, is included in this definition. Examples of public property that would be included for Clery Act purposes are:
        • the sidewalk across the street from the campus
        • publicly owned parking facilities adjacent to the campus
         
       
    3. Good Faith

      All campus security authorities are required to report the crime in writing to the Monmouth University Police Department if they have a reasonable basis for believing the information is not simply rumor or hearsay; i.e., there is not reason to doubt the validity of the information. If a campus security authority is unsure whether or not the information was provided in good faith, he or she should report the information to the Monmouth University Police Department. A campus security authority is not responsible for determining authoritatively whether a crime took place. It is the function for law enforcement personnel to determine whether or not a crime took place. (Note: It is not necessary for the crime to be investigated by police or campus security authority, nor must there be a finding of guilt or responsibility in order for it to be included in the annual campus security report. Alleged criminal incidents must be reported if there is a reasonable basis for belief that the information was provided in good faith.)
       
    4. What to Report

      The following information should be reported in writing to the Monmouth University Police Department:
      • date and time the incident occurred
      • description of the incident or crime
      • location of the incident
      • type of crime
      Note: Do not personally identify the victim without his/her consent.
       
       
    5. When to Report

      All incidents should be reported:
      • immediately if the Monmouth University Police Department needs to investigate further and/or needs to know for campus security issues; or
      • as soon as practicable if there is no need for investigation and no issue of campus security.
       

    TYPES OF CRIME

    The following information should be reported in writing to the Monmouth University Police Department:

    1. Type of Offense
      • Criminal Homicide
        1. murder and negligent manslaughter
        2. negligent manslaughter
         
      • Sex offenses
        1. forcible
        2. nonforcible
         
      • Robbery
      • Aggravated Assault
      • Burglary
      • Motor Vehicle Theft
      • Arson
       
    2. Hate Crimes Involving Bodily Injury

      Any crime manifesting evidence that the victim was selected because of the victim’s actual or perceived race, religion, sexual orientation, gender, ethnicity/national origin, or disability.
       
    3. Arrests/Referrals for Disciplinary Action for Illegal Weapons Possession & Violation of Drug and Alcohol Laws

    CONFIDENTIALITY

    Campus security authorities should report alleged criminal incidents to the Monmouth University Police Department (MUPD). If in doubt as to whether or not a crime has to be reported, err on the side of caution and report it to the MUPD. The MUPD will determine whether or not the crime should be reported pursuant to the Clery Act.

    If you are unsure whether or not you are considered a campus security authority, you should contact the General Counsel’s Office at Extension 3598.

    Original Issue Date: March 27, 2006