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Clery Act

In Memory of Jeanne Clery — 1966-1986

April 5, 2004, marked 18 years since Jeanne Clery was brutally raped and strangled to death by a fellow Lehigh University student, who initially intended to rob her dormitory room as she slept. The criminal trail determined her assailant to be an alcohol and drug addict with a history of sexual deviance. Only if students are aware of the campus crimes will they take appropriate precautions to protect themselves.

Clery Act Annual Report Checklist

Pursuant to 29 United States Code section 1092(f), the “Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act,” and the Code of Federal Regulations (CFR) each institution of higher education in the United States which participates in federal student aid programs must produce and distribute an annual report containing crime statistics and statements of security policy. A failure to provide required information, or the inclusion of inaccurate information can result in fines up to $25,000 per violation imposed by the U.S. Department of Education (DOE).

This chart lists each of the elements which must be included in a school’s annual report as well as the distribution requirements as established by the CFR, Specific CFR citations are included with each requirement in the “Regulatory Citation(s)” column. Information about other reporting obligations associated with the Clery Act, such as timely warnings or the public crime log, and the definitions of terms used in the annual report may be found in the text of the implementing regulations available from the Security On Campus, Inc. Web site here.

This checklist is not designed to replace any regulatory guidance offered by the US Department of Education in the Code of Federal Regulations or elsewhere. It should be used only as a supplement to that material. Do not compile your annual security report without consulting the appropriate sections of the Code of Federal Regulations for guidance.

Crime Statistics

Regulatory Citation(s) Required Disclosure
34 CFR 668.46(b) (1)
34 CFR 668.46(c) (1)-(2)
The following categories* of crime statistics for the campus, certain non-campus properties, and certain public property areas which have been reported to local police and campus security authorities must be disclosed for the most recent three calendar years**;

  • Homicide
    • Murder & Nonnegligent manslaughter
    • Negligent manslaughter
  • Sex Offenses
    • Forcible
    • Non-Forcible
  • Robbery
  • Aggravated Assault
  • Burglary
  • Motor Vehicle Theft
  • Arson

Also requires that schools provide statistics for the following categories of arrests or referrals for campus disciplinary action (if an arrest was not made)…

Liquor Law Violations
Drug Law Violations
Illegal Weapons Possession

* The definitions for these crime categories are taken from the FBI’s Uniform Crime Reporting program and are available here.

** Each incident is to be recorded in the calendar year it was reported not in the year it occurred.

34 CFR 668.46(b) (1)
34 CFR 668.46(c) (3)
Hate crimes* must also be reported by category of prejudice:

  • Race
  • Gender
  • Religion
  • Sexual Orientation
  • Ethnicity
  • Disability

* This separate disclosure includes all crimes reported in the general disclosures as well as any other crime involving bodily injury and reported to local police or campus security authorities.

34 CFR 668.46(b) (c)
34 CFR 668.46(b) (4)
The two sets (general and hate crimes) of crime statistics disclosed pursuant to sections (c), (1), and (3) must be broken down by the following geographic categories:

  • On-Campus (includes incidents reported in residential subset)
    • Student Residential Facilities On-Campus
  • Non-Campus Building Or Property
  • Public Property
34 CFR 668.46(b) (1)
34 CFR 668.46(c) (8)
A school may choose to use a map which depicts its campus, noncampus buildings or property, and public property areas. The reporting of crime statistics may be limited to the areas defined by the map.Although the map is optional, if a school chooses to include one in their disclosures it must accurately depict the geographic areas.
34 CFR 668.46(b) (2) Statement of current campus policies regarding:

  • Procedures and facilities for students to report criminal actions or other emergencies;
  • Policies for preparing the annual disclosure of campus crime statistics;
  • List of the titles of each person or organization reports would be made to for the purpose of making timely warnings and the annual statistical disclosure. This disclosure “must” include a statement disclosing whether or not the institution has a voluntary confidential reporting system for annual crime statistics and a description of the program if they have one.
  • Safety of the access to campus facilities including campus residences.
  • Security considerations used in the maintenance of campus facilities.
34 CFR 668.46(b) (4) Statement of current policies re: campus law enforcement including:

  • Enforcement authority of campus personnel and;
  • Working relationship of campus personnel with State and local agencies.
  • Arrest authority of security personnel;
  • Policies that encourage accurate and prompt reporting of all crimes to:
  • campus police; and
  • appropriate police agencies

Description of procedures, if any, that encourage pastoral and professional mental health counselors to refer persons they are counseling to repo9rt crimes on a voluntary, confidential basis for inclusion in the annual crime statistics

34 CFR 668.46(b) (5) Description of type and frequency of programs designed to inform students and employees about campus security procedures and practices to encourage responsibility for personal and community safety.
34 CFR 668.46(b) (6) Description of programs designed to inform students and employees about crime prevention.
34 CFR 668.46(b) (7) Statement regarding monitoring and recording through local police criminal activity in which students engaged at off-campus locations of student organizations officially recognized by the institution, including organizations with off-campus housing.
34 CFR 668.46(b) (8) Statement of policy re: the possession, use, and sale of alcoholic beverages and enforcement of Federal and State underage drinking laws.
34 CFR 668.46(b) (9) Statement of policy re: the possession, use, and sale of illegal drugs and enforcement of Federal and State drug laws.
34 CFR 668.46(b) (10) Description of drug or alcohol-abuse education programs as required under 120(a)-(d) of the Higher Education Act (can be a cross reference to other publications).
34 CFR 668.46(b) (11) Statement of policy regarding campus sexual assault program to prevent sex offenses, and procedures to follow when a sex offense occurs. Statement must include:

  • Description of educational programs to promote the awareness of rape, acquaintance rape and other forcible and non-forcible sex offenses
  • Procedures students should follow if a sex offense occurs, including:
    • Who should be contacted
    • The importance of preserving evidence for the proof of a criminal offense
    • To whom the alleged offense should be reported
  • Information on the student’s option to notify proper law enforcement officials (including on campus and local police) and a statement that institutional personnel will assist the student if requested.
  • Notification of existing on- and off-campus counseling, mental health or other student services for victims of sex offenses
  • Notification that an institution will change the victim’s academic and living situations if changes are requested and are reasonable available.
  • Procedures for campus disciplinary procedures in cases of an alleged sex offense, including a clear statement that:
    • The accuser and accused are entitled to the same opportunities to have others present during a disciplinary proceeding;
    • Both the accuser and the accused shall be informed of the outcome of any institutional disciplinary proceeding brought alleging a sex offense (the institution’s final determination and any sanction against the accused).
  • Sanctions the institution may impose following a final determination of an institutional disciplinary proceeding regarding rape, acquaintance rape, or other forcible or non-forcible sex offenses.
34 CFR 668.46(e)
34 CFR 668.46(c) (2)
Institution shall distribute the report by October 1st of each year to:

  • Current students and employees by appropriate publication and mailings through:
    • direct mailing to each individual (US Postal Service, campus mail, or electronic mail), or
    • publications provided directly to each individual, or
    • posting on an Internet or Intranet web site (provided all required recipients are directly notified of how to access the report and given an opportunity to request a paper copy)
  • Prospective students and employees upon request provided each is informed of the availability of the security report, given a summary of its contents and given the opportunity to request a copy. Institutions may comply with this requirement by using an Internet web site if they provide the exact electronic address of the report and provide a paper copy upon request.
  • The crime statistics must also be submitted to the US Department of Education every year in a manner to be prescribed by the DOE.
34 CFR 668.46(d) An institution must produced a separate annual report for each separate campus.

To view Nicholls State University crime data, please click here.

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