Bridgewater State UniversityThe Clery Act & C.S.A.’s

Lieutenant Matthew Rushton, Clery Compliance August 2015

Objectives

Describe the Clery Act Explain a Campus Security Authority (CSA) Identify your Crime Reporting Role Properly Report a CrimeComplete and Submit the CSA Incident Reporting form

The Clery Act is named in memory of Jeanne Clery who was raped and murdered in her residence hall room at Lehigh University by a fellow student she did not know on April 5, 1986. 

Her parents championed laws requiring the disclosure of campus crime information, and the federal law that now bears their daughter's name was first enacted in 1990. It has been amended regularly over the last two decades to keep up with changes in campus safety.

Most recent update in 2013 to expand the law's requirements concerning the handling of sexual violence (see the summary of the Campus Sexual Violence Elimination Act for additional information about these requirements which take effect in 2014).

Gender Discrimination

Sexual Harassment

Sexual Violence

Criminal Offenses

Hate Crimes

Arrests & Referrals for drugs, alcohol, weapons

Sexual Assault

Domestic Violence Dating Violence

Stalking

TITLE IXGender Discrimination at Educational

InstitutionsMandatory Reporters = “Responsible

Employees”Report WHO & WHAT (non-confidential)

CLERY ACT Safety & Security at Educational Institutions

Mandatory Reporters = “Campus Security Authorities”Report WHAT & WHERE (confidential if victim wishes)

VAWAAmendments to Clery Act

What is BSU obligated to do?BSU must meet obligations in the following three broad categories: (1) policy disclosure; (2) records collection and retention; and (3) information dissemination.

•Policy Disclosure• Disclose safety policies

•Records Collection and Retention• Crime Log & Fire Statistics• Request for Crime Stats – only certain crimes defined by law• Maintain Police Reports

•Information Dissemination• Timely Warnings• Campus Safety Alerts

What Crimes get reported ?Institutions are required to report on

crimes such as:

Murder (including non-negligent and negligent manslaughter)

Sex Offenses (forcible/non-forcible, domestic violence, dating violence, and stalking)

RobberyAggravated assaultBurglaryMotor vehicle theftArson

Arrests & ReferralsLiquor law violationsDrug-related violationsWeapons possession

Hate Crimes

Crimes that are reported with our campus geography to University Police…

Evaluated using a three-part test:

Is the crime a Clery reportable crime?Did the crime occur in a Clery reportable geographic area?Was the crime previously reported to aCampus Security Authority? Police? Office of Community Standards? Title IX?

Evaluation of Crimes for Notification to the Campus Community…

The Differences between Emergency Notification & Timely Warnings Requirements of the Clery Act

Emergency Notifications: These notifications are triggered by confirmation from responsible authorities (pre-identified in the annual Clery Act report) of a wide range of threats such as any significant emergency or dangerous situation that involves an immediate threat to the safety and health of students, as well as employees on the campus.

Timely Warnings: Timely warnings are triggered when the campus determines that a Clery related crime presents a serious and/or continuing threat to students and employees, such as a murder, sex offence or robbery. This determination would be made by officials who should be pre-identified in the annual Clery Act report.

Where you come in…..C.S.A.A campus police department or a campus security department of an institutionAny individual or individuals who have responsibility for campus security but who do 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): BSU Student Security Officers!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: 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:

C.S.A.’s by the Clery Act

Bridgewater State University Police Officers

Officials with Significant Responsibilities for Students and

Student Activities

Non-Police Security Staff Individuals Designated

by Policy

Athletic Trainer/Coaches

Other Examples of a CSA at Bridgewater State University as defined by policy…

Safety Escort Drivers Athletics Coach's & Athletic Trainers Student Health Officials Faculty Advisors to Student Group Other desk or building monitors Community Service, and other student groups staff or advisors

It is important to remember that an employee's job function, not their title, is what determines if they are a CSA under the Clery

Act.

What Does a CSA Do?

The function of a Campus Security Authority is to report a crime or emergency that you become aware of to the:

Bridgewater State University Police Departmentor

The reporting process designated through your department.

Additionally…

Report allegations made in good faith to the reporting structure established by your department or BSU.”

In “good faith” means there is a reasonable basis for believing that the information is not simply rumor or hearsay. That is, there is little or no reason to doubt the validity of the information.

You do not need to witness the crime. Under the Clery Act, a crime is “reported” when it is brought to the attention of a campus security authority by a victim, witness, other third party, or even the offender.

What a CSA Should Not Do

You do not need to investigate any crime reported to you.

You should not try to apprehend the alleged perpetrator of the crime.

You do not need to convince the person reporting this to you to speak to the police if they are unwilling

Why Would a Crime be Reported to Me?

• The University encourages all students and employees to report crimes and emergencies to the BSU Police, however we know that doesn’t always happen.

• Often times when students are the victims of crime, they are likely to report it to someone other than the police.

• Because of your function at the BSU, someone may tell you about a crime.

C.S.A. Reporting Form

Where can I find more Clery information & the C.S.A. reporting form?

www.bsu-cleryact.com

cleryact@bridgew.edu

Questions?Lieutenant Matthew T. Rushton

Clery Compliance CoordinatorBridgewater State University Police Department

Visit www.bsu-cleryact.comemail: cleryact@bridgew.edu

508.531.2833