Clery Act Compliance

1. The purpose of this policy is to outline roles and responsibilities for compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (hereinafter the “Clery Act”). The Clery Act is a federal law that requires institutions of higher education participating in Title IV student aid programs to disclose information about certain crimes, emergencies, and various safety related policies with the goal of enhancing campus safety.
   
   
2. This policy establishes the Clery Act compliance infrastructure and provides a structured and consistent process for oversight, policy and procedure review, and appropriate training and education for Clery Act awareness and compliance.
   
   
3. This is a new University-Wide policy to be supplemented by applicable departmental policies and procedures.

1. Campus Security Authority (CSA):  Individuals who, because of their responsibilities with the University, have an obligation under the Clery Act to share information with the University about alleged Clery Crimes that are either reported to them in good faith and/or are personally witnessed by them.  These individuals, by virtue of their position, due to official job duties, ad hoc responsibilities, or volunteer engagements, are required to report these crimes to the University.  These individuals typically fall under one of the following categories:
   
   
1. A campus police department or a campus security department of an institution.
   
   
2. Any 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.
   
   
3. Any individual or organizations 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.  Common examples of CSAs include, but are not limited to:
   
   
1. Police and security personnel
2. An administrator of students
3. Athletic Directors
4. Athletic Coaches
5. Faculty/Staff advisors to officially registered student organizations
6. Resident Assistants/Directors
7. Coordinators of Greek Affairs
8. Title IX Coordinators
   
   
2. Classification Review Work Group:  The Classification Review Work Group is a multidisciplinary team tasked with supporting the work of the Clery Act Coordinator through collaborative review of alleged criminal incidents to ensure complete and accurate identification and appropriate classification of Clery-reportable crimes, arrests, and disciplinary referrals.
   
   
3. Clery Act Committee:  The Clery Act Committee is a multidisciplinary team tasked with supporting the work of the Clery Act Coordinator and providing strategic vision and planning for Clery Act compliance.
   
   
4. Clery Act Coordinator:  The Clery Act Coordinator, under the direction of the Office of University Compliance and Director, Compliance Oversight, serves as the Chair of the Clery Act Committee and the Classification Review Work Group.
   
   
5. Clery Act Crimes (“Clery Crimes”):  Specific crimes, as defined by the Clery Act, for which the University is required to report statistics annually to the campus community and U.S. Department of Education (“ED”):
   
   
1. Homicide (Murder and Non-negligent Manslaughter, Negligent Manslaughter)
2. Sex Offenses (Rape, Fondling, Incest, Statutory Rape)
3. Robbery
4. Aggravated Assault
5. Burglary
6. Motor Vehicle Theft
7. Arson
8. Hate Crimes (for the aforementioned crimes and in addition Larceny-Theft, Simple Assault, Intimidation, Destruction/Damage/Vandalism of Property)
9. Dating Violence
10. Domestic Violence
11. Stalking
12. Arrests and disciplinary referrals for:
1. Liquor Law Violations
2. Drug Law Violations
3. Illegal Weapons Possession
   
   
6. Clery Geography:  All buildings or property that meet the definition of on-campus, public property, or non-campus buildings or property as defined below, where the University is required to report Clery Crime statistics.
   
   
1. On-Campus - Any building or property:
   
   
1. Owned or controlled by the University within the same reasonably contiguous geographic area and used by the University in direct support of, or in a manner related to, the University’s educational purposes, including residence halls.
   
   
2. Within or reasonably contiguous to the area identified above in section a., but controlled by another person, is frequently used by students, and supports institutional purposes (such as food or other retail vendor).
   
   
2. On-Campus Student Housing Facility (Subset of On-Campus):  A dormitory or other residential facility for students that is in the University’s On-Campus geography as defined above.
   
   
3. 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.
   
   
4. Non-Campus Building or Property:
   
   
1. Buildings or property, including those located outside the United States, that are:
• Owned or controlled by the University
• Used in direct support of, or in relations to, the University’s educational purposes
• Is frequently used by students
• Is not within the same reasonably contiguous geographic area of the University
  
  
2. Any building or property owned or controlled by a student organization that is officially recognized by the University.
   
   
5. Daily Crime Log Jurisdiction/Geography:  Any location within 500 yards of property owned, leased, or rented by the University.
   
   
7. Timely Warning:  An announcement to alert the campus community about Clery Crimes occurring in Clery Geography and reported to CSAs or local law enforcement that are considered by the University to represent a threat to students and employees.  Warnings must be issued in a manner that is timely, hold as confidential the names and other identifying information of victims, and be made in a manner that will aid the prevention of similar crimes.

The Clery Act is a federal law that requires institutions of higher education participating in Title IV student aid programs to disclose information about certain crimes, emergencies, and various safety related policies with the goal of enhancing campus safety.  It is the policy of the University to comply with its obligations under the Clery Act.

The University encourages accurate and prompt reporting of all crimes to University Public Safety and/or appropriate police agencies, when the victim of a crime elects to, or is unable to, make such a report.

1. Roles and Responsibilities
   
   
1. The Clery Act Coordinator serves as the Chair of the multidisciplinary Clery Act Committee and is responsible for scheduling and facilitating quarterly meetings, including an agenda designed to inform policy and procedures review, evaluation of training and education needs, and planning to incorporate new and/or revised laws and regulations pertaining to the Clery Act.  The Coordinator will also document the activities of the Clery Act Committee.
   
   
2. The Clery Act Committee will provide strategic vision and planning for Clery Act compliance, including, but not limited to:
   
   
• Ensuring their respective departments or units understand the relevance and requirements of the Clery Act that may impact departmental operations;
• Providing relevant information regarding their departmental operations to the Clery Act Coordinator and other Clery Committee members;
• Reviewing relevant University policies and procedures that may affect Clery Act Compliance; and
• Facilitating appropriate training and education for Clery Act awareness and compliance.
  
  
1. The Clery Act Committee will meet quarterly, at a minimum, and will review quarterly crime statistic submissions to the University System of Georgia, annual crime statistics, and the Annual Security Report and Annual Fire Safety Report as prepared by the Clery Act Coordinator in conjunction with the Classification Review Work Group.
   
   
2. Members of the Clery Act Committee are subject matter experts and senior-level representatives from the following departments:
   
   
• Office of University Compliance
• Public Safety
• Human Resources
• General Counsel
• Internal Audit
• Policy Administration
• Diversity and Inclusion
• Risk Management and Compliance
• Facilities
• Auxiliary Services
• Athletics
• Title IX
• International Programs
• Professional and Continuing Education
• Dean of Students
• Residence Life
• Corps of Cadets
• Recreational Sports
• Student Counseling
• Financial Aid
• Multicultural Student Affairs
  
  
3. The Clery Act Coordinator serves as the Chair of the multidisciplinary Classification Review Work Group and is responsible for scheduling and facilitating meetings, no less than monthly, including an agenda designed to provide collaborative review of alleged criminal incidents to ensure complete and accurate identification and appropriate classification of Clery-reportable crimes, arrests, and disciplinary referrals.  The Clery Act Coordinator will also document and maintain records of the review and determinations made by the Classification Review Work Group.
   
   
4. The Classification Review Work Group will meet monthly, at a minimum, to review alleged criminal activity and disciplinary incidents for the purposes of:
• Ensuring complete and accurate identification of Clery-reportable crimes, arrests, and disciplinary referrals;
• Ensuring accurate and appropriate classification of Clery-reportable crimes, arrests, and disciplinary referrals; and
• Providing support for the preparation of quarterly reports for submission to the University System of Georgia, annual reports of crime statistics, and the Annual Safety and Fire Report.
  
  Members of the Classification Review Work Group are subject matter experts from the following departments:
  
  
• Office of University Compliance
• Public Safety
• Human Resources
• General Counsel
• Internal Auditor
• Facilities
• Title IX
• Student Affairs
• Residence Life
  
  
2. Collection and Reporting of Data
   
   In accordance with the requirements of the Clery Act, the University shall:
   
   
1. Provide means for campus community members to report crimes or other emergencies occurring on campus.
   
   
2. Issue Timely Warnings to alert the campus community of Clery Crimes considered by the University to represent a threat to students and/or employees.
   
   
3. Maintain a written and understandable daily public log of all crimes reported to Public Safety, unless publishing the information would jeopardize an ongoing criminal investigation or the safety of an individual, cause a suspect to flee or evade detection, or result in the destruction of evidence.  Reported crimes from all applicable sources will be entered into the log within two business days of the receipt of the crime report.  The daily crime log shall include:
   
   
• The nature, date, time the crime was reported, and the general location of the crime, but must exclude any information that could be used to identify the victim.
• Any crime that occurred with UNG Clery Geography and/or jurisdiction.
  
  
4. Annually identify, notify, train, and regularly communicate with CSAs for the purpose of collecting and accurately reporting of Clery Crimes, arrests, and/or disciplinary referrals.
   
   
5. Collect and record crimes reported via telephone, email, in person, or the online reporting system and report them to:
   
   
• Public Safety
• Dean of Students
• Title IX
• Residence Life
• Human Resources
• Corps of Cadets
• Athletics
• Faculty/Staff Advisors to officially registered student organizations
  
  The crimes will subsequently be recorded in the correlating case management system.
  
  
6. Review and accurately classify crimes recorded in University case management systems and collected from local law enforcement agencies monthly.
   
   
7. Maintain documentation of review, classification, and reportability of crimes, arrests, and discipline referrals in an internal database for the purposes of reporting to the U.S. Department of Education, University System of Georgia, and publication of the Annual Security Report and Annual Fire Safety Report.
   
   
8. Monitor the work of the Classification Review Work Group and Clery Act Committee at least quarterly.
   
   
9. Compile and submit quarterly Clery Act Crime statistics to the University System of Georgia by April 15, July 15, October 15, and January 15 for the prior three-month reporting period.
   
   
10. Compile and submit annual Clery Act Crime statistics to the U.S. Department of Education by the published deadline.
    
    
11. Prepare the University’s Annual Security Report and Annual Fire Safety Report for distribution to the campus community by October 1, unless notified by the U.S. Department of Education of a change in the reporting deadline.

1. 34 CFR § 668.41 – Reporting and disclosure of information.
   
   
2. 34 CFR § 668.46 - Institutional security policies and crime statistics.
   
   
3. 34 CFR § 668.49 – Institutional fire safety policies and fire statistics.
   
   
4. The Handbook for Campus Safety and Security Reporting, 2016 Edition
   
   
5. University of North Georgia Clery Committee Bylaws
   
   
6. University of North Georgia Emergency Action Plan

1. Detailed procedures are included in the separate procedures document.
   
   
2. Any related operating procedures must comply with and should reference this policy.