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Clery Act Compliance

Clery Act & Crime Reporting – Guidelines for Campus Security Authorities

Crime Report Form (Online) and Crime Report Form (PDF)

Overview of the Clery Act: Jeanne Clery, a Lehigh University freshman, was assaulted and murdered in her dorm room in April of 1986. The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, hereafter referred to as the Clery Act, was enacted in the hope that awareness of criminal activity can help to reduce the likelihood of victimization. The Clery Act requires colleges and universities. receiving federal funding (including Texas A&M University – Central Texas) to prepare, publish, and distribute campus security policies and crime statistics.
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Guidelines for Campus Security Authorities (CSA)

Overview of the Clery Act

Jeanne Clery, a Lehigh University freshman, was assaulted and murdered in her dorm room in April of 1986. The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, hereafter referred to as the Clery Act, was enacted in the hope that awareness of criminal activity can help to reduce the likelihood of victimization. The Clery Act requires colleges and universities receiving federal funding (including Texas A&M University – Central Texas) to prepare, publish, and distribute campus security policies and crime statistics. 

The crime statistics reported in compliance with the Clery Act are obtained from reports to the Texas A&M University – Central Texas Police Department, local law enforcement agencies, and "Campus Security Authorities." Reports made to Campus Security Authorities may also provide the basis for the issuance of Timely Warnings or Emergency Notifications through SafeZone and the SafeZone Emergency Mass Notification System.

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the "Clery Act"), found at 20 U.S.C. 1092(f), imposes reporting obligations on certain institutions of higher education with respect to certain crime statistics, arrests, and campus disciplinary actions. Requirements of the Clery Act include policy disclosures, records collection, and retention (e.g., daily crime log), and information dissemination (e.g., timely warnings, annual security report).

Texas A&M University – Central Texas publishes the annual Campus Security Report (by Oct. 1 of each year). The link for the document is https://www.tamuct.edu/police/clery.html and provides the following specified TAMUCT Reporting and Disclosure Procedures: Members of the Texas A&M University – Central Texas community are encouraged and all faculty and staff members who have significant student- and campus-activity responsibilities are required to report violations of federal, state and local laws and University guidelines. These violations as well as any public safety related incidents should be promptly reported to the University Police Department. Reporting responsibilities also extend to TAMUCT mental health counselors, who may encourage their clients to consider voluntarily and confidentially reporting crimes, when applicable. These and all such reports are compiled and coordinated through the University Police Department. Each violation, whether a formal police report is filed, or an investigation ensues, counts as one offense, and is reflected on the University’s annual crime statistics report.

Who is a Campus Security Authority (CSA)?

A Campus security authority (CSA) is a Clery-specific term that encompasses certain individuals and organizations associated with an institution. The only exemptions allowed are for a physician in a campus health center, a pastoral counselor or a counselor in a counseling center while serving in those designated positions.

CSA groups are listed below:

  • Police or security department employees are CSAs. If you have a police or security department, it is obvious that the department meets this requirement. However, have all employees in the department been trained about the fact that they are CSAs?
  • Campus police officers, front line supervisors, and administrators, such as a Lieutenant, Captain, Assistant Chief, Victim Services Coordinator, etc. All the employees in the department, except office support staff, are campus security authorities. Keep in mind that this includes student employees (other than office staff) who handle tasks like patrolling, monitoring access, providing a driving, or walking safety escort, etc.
  • Individual or organization representative 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. An official is defined as any person who has the authority and the duty to act or respond to issues on behalf of the institution.

The concept of "significant responsibility for student and campus activities" is quite broad. Official responsibilities and job titles vary significantly at each campus, which is why Education Department doesn’t provide an all-inclusive list of specific titles in the regulations. The Clery handbook states, "To determine specifically which individuals or organizations are campus security authorities for your institution, consider the function of that individual or office. Look for officials (i.e., not support staff) whose functions involve relationships with students. If someone has significant responsibility for student and campus activities, he or she is a campus security authority.

Examples of CSA individuals listed below: Examples of individuals whose positions should be assessed because they probably meet the criteria for being campus security authorities. Include (this list is expanded from the list in the new ED Handbook, to provide more context):

  • University Administrators (Vice Presidents, Deans, Associate Deans, Department Heads)
  • Individuals that oversee disciplinary procedures
  • Member in an office or of a committee to whom students are instructed and informed to report or discuss crimes, allegations of crimes, and other troubling situations
  • Professional staff in a Dean of Students office, including leaders in Student Affairs and Housing
  • Staff in the Student Center or Student Union Building
  • Staff in the Student Activities Office (handling extracurricular activities)
  • Faculty or Staff Advisors to Student Organizations, extracurricular activities, study abroad activities, camps
  • Resident Assistants/Advisors; Resident and/or Community Directors
  • Students who monitor access to dormitories or other facilities
  • Coordinator of Greek Affairs (or related positions)
  • Title IX coordinator
  • An ombudsperson (including student ombudspersons)
  • The director of a campus health or counseling center
  • Victim advocates or others who are responsible for providing victims with advocacy services, such as assisting with relocation, disciplinary action, or court cases, etc
  • Members of a sexual assault response team (SART) or other sexual assault advocates
  • Athletic Directors and Coaches (including Assistant ADs and Assistant Coaches)
  • Contract Security Officers or other local law enforcement who are contracted by the institution to provide campus safety-related services
  • Event Security Staff; and
  • Administrators at Branch/Satellite/Separate Campuses
  • A physician in a campus health center, health educators, counselors in a campus counseling center, or a victim advocate in a campus rape crisis center if they are identified by your school as someone to whom crimes should be reported or if they have significant responsibility for student and campus activities

Examples of individuals who would "not" meet the criteria for being campus security authorities on any campus other than TAMUCT include:

  • A faculty member who does not have any responsibility for student and campus activity beyond the classroom
  • Clerical or cafeteria staff
  • Facilities or maintenance staff
Campus Security Authority Training

Annual on-line training is required of all campus security authority employees. Additional information may be requested by contacting Sherry K. Doggett, Clery Compliance Coordinator at sherry.doggett@tamuct.edu or clerycompliance@tamuct.edu or 254.501.5802. CSA’s will be assigned Campus Security Authority training via TrainTraq (Clery Act Guidelines for A&M System Campus Security Authorities, Course #2111844) annually. The training will assist Campus Security Authorities in understanding the Clery Act, why they have been designated as a CSA, and what is required of them as CSAs.

How do Campus Security Authorities Fulfill Their Responsibilities?

When a crime is reported to a CSA, they should first ask the reporting party if they would like to report the crime to the police. If they would, they should contact the Texas A&M University – Central Texas Police Department at (254-501-5802). The police department is located at 1001 Leadership Place, Founders Hall Room 103. If an in-progress emergency is being reported, the reporting party should be advised to call 911 immediately. If they are unable to, the CSA may do so on their behalf.

If the reporting party does not want to contact the police about the crime, the CSA should complete a Campus Security Authority Crime Report Form. Even if the reporting party does wish to contact the police about the crime, the CSA may complete the form for their records (check the appropriate box for the law enforcement agency the crime was/will be reported to).

How to Submit a Crime Statistics Report Form

To promote a safe campus and encourage timely reporting of criminal statistics concerning the occurrence of certain criminal offenses; fill out one of the below forms. The only exemptions allowed will be for a physician in a campus health center, a pastoral counselor or a counselor in a counseling center while serving in those designated positions.

Crime Report Form (Online) and Crime Report Form (PDF)

Instructions for filling out the form:

  • Have the reporting party read the top (boxed) portion of the form.
  • Ask if they have reported, or are going to report, the crime to the police. Advise them that reporting a crime to the police does not commit them to filing charges. Crimes may be reported anonymously if the victim/reporting party so desires.
  • Personally, identifying information for the reporting party should be included if available. This will help to avoid double counting crimes. No such personally identifying information will be included in the Clery statistical disclosures.
  • If a victim does not want the report to go any further than the CSA, they should be advised that the CSA is required to submit the report for statistical purposes. However, the report can be submitted without identifying the victim.
  • It is very important that the location of the crime is reported as precisely as possible. A building name, parking lot zone, close address, or cross street should be provided.
  • A description of the crime should be given, including as much detail as possible. This is to aid in the determination of exactly what crime occurred. It is important to note any injuries sustained or weapons used. The reporting party should indicate if they feel that the perpetrator committed the crime because of bias; and, if so, what lead them to believe that to be the case.
  • Check the appropriate boxes on the form. Consult the definitions provided below as needed. If in doubt, contact Sherry K. Doggett at 254-501-5802.
  • Liquor, drug, and weapon offenses are reported when an arrest (including a citation) is involved or a referral for university disciplinary action is made. Note the number of people arrested or referred.
  • If possible, determine what Clery Act geographical location the crime occurred in. Consult the location definitions provided below as needed. If in doubt, contact Sherry K. Doggett at 254-501-5802.
  • When the form is completed, please submit.  The online process will document the date and times of submission and will immediately email the report to the TAMUCT Clery Compliance Coordinator. Other options than the CSA crime reporting form online would be to contact the Texas A&M University – Central Texas Police Department at 254.501.5802, 1001 Leadership Place, Founders Hall Room 103, Killeen, Tx 76549 Attn: Sherry K. Doggett. The information may also be submitted by Fax to 254-501-5806 or email to clerycompliance@tamuct.edu.
  •  

What Should a Campus Security Authority Avoid Doing?

CSAs are not responsible for investigating or reporting incidents that they overhear students talking about in a hallway conversation’ that a classmate or student mentions during an in-class discussion; that a victim mentions during a speech, workshop, or any other form of group presentation; or that the CSA otherwise learns about in an indirect manner. These are matters best left to law enforcement personnel. CSAs should refrain from attempting to convince a victim to contact law enforcement if the victim chooses not to do so. However, they may note that crimes can be reported to the police anonymously.

What are Campus Security Authorities Required to Do?

CSAs are responsible for reporting to the official or office designated by the institution (TAMUCT Police Department) to collect crime report information, those allegations of Clery Act crimes that he or she receives. The crimes specified in the Clery Act are murder/non-negligent manslaughter, negligent manslaughter, sexual assault (rape, fondling, incest, and statutory rape), robbery, aggravated assault, burglary, motor vehicle theft, and arson. If there is evidence that the perpetrator was motivated by bias, then simple assault, larceny (theft), intimidation, and vandalism must be reported as well (please see the definitions provided below). Timely submission of reports by CSAs is very important. If a crime is reported to a CSA, but goes no farther than that, TAMUCT will be unable to fully meet its obligations under the law. Moreover, the campus community may lack information that could help them to stay safe.

Crime Definitions

Murder and Non-negligent Manslaughter
The willful killing of one human being by another.
Negligent Manslaughter
The killing of another person through gross negligence.
Sexual Assault
An offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s Uniform Crime Reporting program. A sex offense is any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.
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 the consent of the victim. This offense includes the rape of both males and females.
Fondling
The touching of the private body parts of another person for the purpose 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
Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
Statutory Rape
Sexual intercourse with a person who is under the statutory age of consent. Sexual assault is defined in the Texas Penal Code, Chapter 22, Section 22.011.
Robbery
The taking or attempting to take anything of value from 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 is usually accompanied using a weapon or by means likely to produce death or great bodily harm. (It is not necessary that injury result from an aggravated assault when a gun, knife, or other weapon is used which could and probably would result in serious personal injury if the crime were successfully completed.)
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 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 joyriding.)
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, personal property of another, etc.

Additional Crimes

Domestic Violence
A felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the victim; by a person with whom the victim shares a child in common; by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner; by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred. Any incident meeting this definition is considered a crime for the purposes of Clery Act reporting. Family violence is defined in the Texas Family Code, Chapter 71, Section 71.004.
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 following factors:
  • (i) The length of the relationship
  • (ii) The type of relationship, and
  • (iii) The frequency of interaction between the persons involved in the relationship.

Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence.

Any incident meeting this definition is considered a crime for the purposes of Clery Act reporting. Dating violence is defined in the Texas Family Code, Chapter 71, Section 71.0021.

Stalking
Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others or suffer substantial emotional distress. Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property. Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling. Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim. Any incident meeting this definition is considered a crime for the purposes of Clery Act reporting. Stalking is defined in the Texas Penal Code, Chapter 42, Section 42.072.
Hate Crime
A crime reported to local police agencies or to a campus security authority that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim. The categories of bias include the victim’s actual or perceived race, religion, gender, gender identity, sexual orientation, ethnicity, national origin, and disability. Hate crimes include those crimes (defined above) and larceny, simple assault, intimidation, and the destruction/damage/vandalism of property (defined 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 laceration, or loss of consciousness.
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.
Destruction/Damage/Vandalism of Property
To destroy willfully or maliciously, damage, deface, or otherwise injure real or personal property without the consent of the owner or the person having custody or control of it.
Arrest and Referral for Disciplinary Action
Arrest is defined as persons processed by arrest, citation, or summons. Referral for disciplinary action is defined as the referral of any person to any official who initiates a disciplinary action of which a record is kept, and which may result in the imposition of a sanction. Clery Act statistics are disclosed for arrests and referrals regarding liquor law violations, drug law violations, and illegal weapons possession. Only violations of the law resulting in arrest or referral are disclosed. Violations of institutional policy alone are not included in Clery Act statistics
Liquor Law Violation
The violation of State or local laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, or use of alcoholic beverages, not including driving under the influence and drunkenness.
Drug Law Violation
The violation of laws prohibiting the production, distribution, and/or use of certain controlled substances and the equipment or devices utilized in their preparation and/or use. The unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation, or importation of any controlled drug or narcotic substance. Arrests for violations of State and local laws, specifically those relating to unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs.
Weapon Law Violation
The violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, concealment, or use of firearms, cutting instruments, explosives, incendiary devices, or other deadly weapons.

Clery Crime Geography

Clery crimes that do not occur within the TAMUCT’s Clery geography are not included in Clery statistical disclosures, even if TAMUCT students or employees are involved. Clery geography includes on-campus property, public property, non-campus property, and separate campuses.

Location Definitions

On-campus property
Any building or property owned or controlled by an institution and within the 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; (academic purposes); OR
Any building or property that is within or reasonably contiguous to the above that is owned by the institution, but controlled by another person, is frequently used by students, and supports institutional purposes (vendor purposes such as a food vendor or bookstore).
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.
Non campus buildings or property
Any building or property owned or controlled by a student organization that is officially recognized by the institution, OR
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
Separate campus

Consider an additional location as a separate campus if it meets all the following criteria:

  • The university owns or controls the site.
  • It is not reasonably geographically contiguous with the main campus.
  • It has an organized program of study; and
  • There is at least one person on site acting in an administrative capacity.

Contact

For more information or questions, contact: