Administrative Policies

AD74 Compliance With Clery Act

Policy Status: 

Active

Policy Steward: 

Vice President for Administration

Contents:

PURPOSE:

To establish the parameters for compliance with the “Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1998” (commonly referred to as the “Clery Act”) at all University locations.

BACKGROUND:

The “Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1998,” commonly referred to as the “Clery Act,” requires institutions of higher education receiving federal financial aid to report specified crime statistics on college campuses and areas within the same reasonably contiguous geographic area of college campuses, and to provide other safety and crime information to members of the campus community.

DEFINITIONS:

Campus Security Authority (CSA) - individuals at the University who, because of their function for the University, have an obligation under the Clery Act to notify the University of alleged Clery Crimes that are reported to them in good faith, or alleged Clery Crimes that they may personally witness. These individuals, by virtue of their position due to official job duties, ad hoc responsibilities, or volunteer engagements, are required by federal law to "report" crime when it has been observed by, or reported to them by another individual. They individuals typically fall under one of the following categories:

  1. A member of a campus police/security department.
  2. Individuals having responsibility for campus security in some capacity, but are not members of a campus police/security department (e.g., an individual who is responsible for monitoring the entrance to University property).
  3. People or offices that are not members of a campus police/security department, but where policy directs individuals to report criminal offenses to them or their office.
  4. Officials having significant responsibility for student and campus activities, including but not limited to, student housing, student discipline and campus judicial proceedings.

Common examples of CSAs include (but are not limited to):

  • Police and Security personnel
  • An administrator of students
  • Athletic Directors
  • Athletic Coaches
  • Faculty advisors to student organizations
  • Resident Assistants/Advisors
  • Coordinators of Greek Affairs
  • Title IX Coordinators

Clery Act Crimes ("Clery Crimes")- crimes required by the Clery Act to be reported annually to the University community, including: criminal homicide (murder and negligent/non-negligent manslaughter); sex offenses (rape, fondling, statutory rape, and incest); robbery; aggravated assault; burglary; motor vehicle theft; arson; hate crimes (including larceny-theft, simple assault, intimidation, or destruction/damage/vandalism of property that are motivated by bias); dating violence; domestic violence; stalking; and arrests and referrals for disciplinary action for any of the following: (a) liquor law violations, (b) drug law violations, and (c) carrying and possessing illegal weapons.

Emergency Notification- an announcement to inform the campus community about a “significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees occurring on the campus." An emergency response expands upon the definition of "timely warning" (see below), as it includes both Clery Act crimes and other types of emergencies (examples: a fire, infectious disease outbreak, terrorist attack, natural disaster, weather emergency).

Missing Student Notification- the University has provided a list of titles of persons and offices to which students, employees, or others, can contact if they have reason to believe a student who lives in on-campus student housing has been missing for 24 hours. The intent of this notification process is to direct others who believe a Penn State student is missing to immediately notify specific staff in the University administration, University Police and Public Safety, and local law enforcement.

Pastoral Counselors- individuals who are associated with a religious order or denomination, recognized by that religious order or denomination as someone who provides confidential counseling, and is functioning within the scope of that recognition as a pastoral counselor. Pastoral Counselors, when acting within the scope of the official responsibilities are not Campus Security Authorities.

Professional Counselors- individuals whose official responsibilities include providing mental health counseling to members of the institution's community and who is functioning within the scope of his or her license or certification. Professional Counselors, when acting within the scope of the official responsibilities are not Campus Security Authorities.

"Reasonably Contiguous" (as pertaining to a college campus)- buildings or property owned or controlled by the institution, located in an area that is considered and treated as an integral part of campus and covered by the same security policies as the main campus.

Timely Warning- an announcement made to alert the campus community about Clery Crimes and other serious incidents in the event that a reported crime may pose a serious or continuing threat to the campus and surrounding community.

University Police and Public Safety Compliance Coordinator- works collaboratively with various offices at the University to develop, implement and oversee programs that ensure the University's overall compliance with the Clery Act and associated regulations at all University locations.

POLICY:

In accordance with the requirements of the Clery Act, the University shall:

  1. Via issuance of timely warnings, alert the campus community of Clery Crimes that pose a serious or continuing threat to the campus and surrounding community. Timely warnings will be disseminated throughout the community as soon as pertinent information is available and will provide information that will allow the community to take precautions to protect themselves and prevent similar crimes from occurring.
  2. Via issuance of emergency notifications, alert and inform the campus community about a “significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees occurring on the campus."
  3. Maintain a daily crime log of all crimes reported. This log will be available for public inspection, upon request.
  4. Maintain a daily fire log of all fire-related incidents reported. This log will be available for public inspection, upon request.
  5. Compile and disclose statistics of reports on the types of Clery Crimes reported for the University's campuses, the immediately adjacent public areas and public areas running through the campuses, remote classroom facilities and certain non-campus facilities.
  6. Collect reports of Clery Crimes made to University Police and Public Safety, local law enforcement, University officials and other associated with the University who have significant responsibility for student and campus activities.
  7. Create and publish an annual report to the Department of Education disclosing statistics of Clery Crimes reported over the past three years, as well as University policies and procedures addressing campus security and safety.
  8. Annually disclose/provide access to the campus community and the public, the Annual Security Report, which provides:
    • Crime data (by type);
    • Fire incident data;
    • Security policies and procedures in place to protect the community; and
    • Information on the handling of threats, emergencies and dangerous situations.
  9. Identify CSAs on a regular, ongoing basis, and notify these individuals of their obligations under the Clery Act to report any and all Clery Crimes that they witness, or are reported to them.
  10. Provide regular, mandatory training for all CSAs.
  11. Work with the University Police and Public Safety and other appropriate departments to create, establish and conduct programs at all University campus locations to educate the campus and surrounding community about the Clery Act and Clery Act obligations, and to promote general awareness of all crime and safety-related issues at all University locations.
  12. In the event that a person is reported as missing, contact the appropriate University offices, notify local law enforcement that has jurisdiction in the geographical area around the specific campus location, and utilize the emergency contact information available for the missing person to notify those listed as emergency contacts for the alleged missing person. See Policies SY03 and SY42 for additional information.

For further information on the Clery Act, visit the University Police and Public Safety website.

Questions may be directed to the Compliance Coordinator, University Police and Public Safety, at (814) 863-1273.

RESPONSIBILITIES:

All University Faculty, Staff, and Students on University Facilities or Property:

  • Promptly report any activity that is perceived as criminal, potentially dangerous or suspicious to a Campus Security Authority (CSA).
  • In accordance with Policy AD67, Disclosure of Wrongful Conduct and Protection From Retaliation, "make good faith reports of suspected wrongful conduct, and to protect such individuals from retaliation for making such reports to the University or an appropriate authority, participating in any investigation, hearing, or inquiry by the University or an appropriate authority or participating in a court proceeding relating to an allegation of suspected wrongful conduct at the University." No reporter making a report "in good faith" will be retaliated against, and all reports will be taken seriously.

All University Visitors on University Facilities or Property:

  • Promptly report any activity that is perceived as criminal, potentially dangerous or suspicious to a Campus Security Authority (CSA).

University Police and Public Safety Compliance Coordinator:

  • Compile and disclose statistics of reports on the types of Clery Crimes reported for the University's campuses, the immediately adjacent public areas and public areas running through the campuses, remote classroom facilities and non-campus facilities.
  • Collect reports of Clery Crimes made to University Police and Public Safety, local law enforcement, University officials and others associated with the University who have significant responsibility for student and campus activities.
  • Create and publish an annual report to the Department of Education disclosing statistics of Clery Crimes reported over the past three years, as well as University policies and procedures addressing campus security and safety.
  • Annually disclose/report, to the campus community and the public:
    • Crime data (by type);
    • Fire incident data;
    • Security policies and procedures in place to protect the community; and
    • Information on the handling of threats, emergencies and dangerous situations.
  • Provide regular, mandatory training for all CSAs.
  • Work with University departments to establish Clery Act-related educational programs and promotion of safety awareness programs

University Police and Public Safety/ Commonwealth Police and Security Programs:

  • Issue "timely warnings" alerts to the campus and surrounding community about Clery Crimes.
  • Issue "emergency notifications" to the campus and surrounding community when deemed necessary and appropriate.
  • Maintain a daily crime log of all crimes reported.
  • Maintain a daily fire log of all fire-related incidents reported.
  • Compile and provide to the University Police and Public Safety Compliance Coordinator, statistics of reports on the types of Clery Crimes reported for the University's campuses, the immediately adjacent public areas and public areas running through the campuses, remote classroom facilities and non-campus facilities.
  • Collect and provide to the University Police and Public Safety Compliance Coordinator, reports of Clery Crimes at that location.
  • Work with the University Police and Public Safety Compliance Coordinator to establish Clery Act-related educational programs and promotion of safety awareness programs.

Campus Security Authorities (CSAs):

  • Hear/receive information of alleged crimes that are reported to them in good faith by others, or report alleged crimes that they may personally witness. Under the Clery Act, a crime is "reported" when it is brought to the attention of a campus security authority or local law enforcement personnel by a victim, witness, other third party or even the offender. It doesn't matter whether or not the individuals involved in the crime, or reporting the crime, are associated with the University.
  • Record information about crimes reported to them. To record information about a crime reported, the Campus Security Authority must complete a Campus Security Authority Incident Report Form. (For further information, visit the University Police and Public Safety website).
  • Submit, either electronically or print/mail, all completed Campus Security Authority Incident Report Forms to the University Police and Public Safety.

Office of Student Conduct/Student Affairs:

  • Work with students to promote adherence to the Student Code of Conduct in minimizing behavior that is inconsistent with the essential values of the University community.
  • Promptly report any Clery Act- related crimes to the University Police and Public Safety at your campus location. If you are unsure whether or not the incident meets the criteria, it is still recommended that you contact the University Police and Public Safety at your campus location.
  • Annually, provide all conduct referral data to the University Police and Public Safety Compliance Coordinator for inclusion in the Annual Security Report.

EXEMPTIONS:

The following individuals, when acting within the scope of the official responsibilities are not Campus Security Authorities, and as such, are exempt from the mandates of this policy:

  • Pastoral Counselors
  • Professional Counselors
  • Persons uncertified, but acting under the supervision of an exempt counselor

FURTHER INFORMATION:

For questions, additional detail, or to request changes to this policy, please contact University Police & Public Safety.

CROSS REFERENCES:

Other Policies in this manual should also be referenced, especially the following:

AD67 - Disclosure of Wrongful Conduct and Protection From Retaliation

SY01 - Environmental Health and Safety Policy

SY03 - Emergencies Involving Students

SY05 - Persons, Other Than Students or Employees, Who Are Injured or Become Ill on University Property

SY12 - Weapons, Fireworks, and Paintball Devices

SY13 - Open Fires

SY18 - Bomb Threats

SY28 - Emergency Evacuations and Fire Drills - Residence Halls

SY29 - Infectious Waste Disposal

SY30 - Open Flame Devices

SY34 - Hazardous Material Shipping

SY42 - Missing Student Policy

Effective Date: May 30, 2014
Date Approved: May 30, 2014
Date Published: May 30, 2014 (Editorial changes, April 4, 2016)

Most Recent Changes:

  • April 4, 2016 - Editorial update was made in the DEFINITIONS section. The definition of Clery Act Crimes ("Clery Crimes") has been revised in accordance with the amendments to the Violence Against Women Act (VAWA), expanding the categories reported for "sexual offenses" (FROM forcible and non-forcible, TO rape, fondling, statutory rape, and incest).

Revision History (and effective dates):

  • May 30, 2014 - Update in DEFINITIONS section; the definition of Clery Act Crimes ("Clery Crimes") has been revised to reflect the current legal requirements of the Clery Act.
  • February 27, 2014 - Editorial changes. Addition of policy steward information, in the event that there are questions or requests for changes to the policy.
  • October 10, 2012 - New policy.