This executive order provides direction on implementing Jeanne Clery Disclosure of Campus Safety Security Policy and Campus Crime Statistics Act, commonly referred to as the Clery Act (20 U.S.C. § 1092(f)), and Violence Against Women Reauthorization Act of 2013, commonly known as VAWA, which among other things amended the Clery Act (34 C.F.R. Part 668).
Legislative Requirements of the Clery Act
In 1990, Congress enacted the Crime Awareness and Campus Security Act of 1990 (Title II of Public Law 101-542), which amended the Higher Education Act of 1965 (HEA).1 This act required all postsecondary institutions participating in HEA’s Title IV student financial assistance programs to disclose campus crime statistics and security information. The law was renamed in 1998 as the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the Clery Act), in memory of Jeanne Clery, a student who was slain in her dorm room in 1986.
The Clery Act requires universities to:
- Collect, classify, and count specified crime reports and crime statistics
- Issue campus alerts: 1) timely warnings; and 2) emergency notifications
- Publish an annual security report (ASR)
- Submit specified crime statistics to the Department of Education
- Keep a daily crime log
- For those with on-campus housing:
- Disclose missing student notification procedures
- Disclose fire safety information; i.e., the location of the annual fire safety report, fire log, and fire statistics.
VAWA amended the Clery Act to, among other things, add dating violence, domestic violence and stalking to the list of crimes that must be tracked and reported.2
ARTICLE I. DEFINITIONS
For purposes of this executive order, unless otherwise defined, the definitions found in the Clery Act at 34 C.F.R. § 668.46(a) apply to the terms herein.
ARTICLE II. POLICY STATEMENT
The CSU is committed to promoting the safety and security of its campus communities to provide a supportive and accessible living, learning, and working environment. It is further committed to identifying conditions or circumstances that may pose risks to the safety and security of the university, and preparing the university to respond effectively to emergencies. Accordingly, each CSU campus and, where applicable, separate or branch campus, shall comply with the requirements of the Clery Act.3 In addition, each campus shall adopt and implement the organizational requirements outlined in this executive order on or before July 1, 2020.
ARTICLE III. POLICY IMPLEMENTATION
- CLERY DIRECTOR
Each campus president shall designate a Clery Director who reports to and is supervised by a Vice President or higher.4 The designation may be an existing MPP administrator with multiple responsibilities, or established as a stand-alone MPP position on the campus. While the campus shall assure that the Director has a working relationship with and access to information of the University Police Department, the Clery Director cannot be a member of the UPD. This organizational requirement reflects the fact that Clery Act compliance is an institutional responsibility.
The Clery Director is responsible for directing, collaborating, and coordinating Clery Act reporting and compliance for the campus, and serves as the “Campus Safety Survey Administrator” as defined by the Department of Education (DoE), and coordinates with and provide reports to the system-wide Clery Compliance Officer in the Chancellor’s Office. As the Campus Safety Survey Administrator, the Director submits crime statistics to DoE for reportable crimes under the Clery Act for the preceding year by type, location and year. The Clery Director will also organize and lead the Clery Compliance Team (CCT) on campus, including overseeing and having responsibility for leading the CCT in developing, revising, and maintaining the campus-specific Clery Act compliance programs, policies, and procedures described in this executive order. The Director shall also serve as the campus’ record custodian for Clery Act reports and audits, along with training materials and training records of participants.
The Director is responsible for implementation of the policies and procedures consistent with this executive order and the Clery Act and includes the following:
- Collecting, analyzing, and ensuring the accuracy of all data related to the campus’ reporting requirements under the Clery Act and is responsible for preparing and disseminating the ASR on behalf of the campus.
- Assuring the campus’ compliance with California’s statutory provisions that govern student safety under Chapter 16 of the Donahoe Higher Education Act found in the Education Code5.
- Compiling the reports of occurrences and arrests for crimes occurring in the Clery geographic area for reporting that involve violence, hate violence, theft, destruction of property, illegal drugs, or alcohol intoxication committed on campus, publishing a Campus Safety Plan, and transmitting to the system-wide Clery Compliance Officer the campus’ report of hate crimes and noncriminal incidents of hate violence, and making the reports available to the public by posting them on the campus’ website.6
Other responsibilities may be delegated by the Clery Director to other MPP administrators across campus as appropriate and relevant to the unique campus needs and structure. These responsibilities include:
- Working with UPD to ensure all reported statistics to UPD are also included in the daily crime log.
- Working collaboratively with Human Resources to help identify job classifications with functions that meet the definition of Campus Security Authorities7 (CSAs), coordinates notice to and/or training for CSAs, and providing oversight of all requirements for CSAs.
- Conferring with appropriate officials regarding the campus’ Timely Warning Bulletins and Emergency Notifications as described in this executive order, as well as updating, as necessary, reportable crime statistics previously submitted.
CLERY COMPLIANCE TEAM
Each campus will form a cross-departmental Clery Compliance Team (CCT) led by the Clery Director or designee; the Clery Director shall at least be a member of the Team if they are not the chair. The CCT includes, at minimum and to the extent these positions exist on the campus, a Student Conduct Administrator, the Title IX Coordinator, the Police Chief, the Housing Director, the Greek Life Director, the Athletic Director, the Dean of Students or Vice President of Student Affairs, the Public Information Officer (PIO), the Director for International Programs, and Campus Counsel. The CCT will assist the Clery Director in the collection of information and required crime statistics, assist in developing, writing, reviewing and ensuring the accuracy of the ASR and campus policies required to be included in the ASR, assist in the proper identification of relevant Clery Act geography, assist in programming, developing, and providing training and outreach efforts on the campus for compliance, and assist in overall compliance with the Clery Act and state student safety laws. The CCT will, at minimum, meet quarterly. However, monthly meetings are strongly encouraged.
TIMELY WARNING POLICY
The primary intent of this policy is to provide members of the community with information to aid in preventing them from becoming a victim of crimes posing a serious or ongoing threat to the campus communities. Additionally, it is intended to provide faculty, staff, and students with timely information about Clery Act-reportable crimes8 occurring within defined Clery Act geography9 of their campuses, and to comply with the Timely Warning requirements of the Jeanne Clery Act.10 Lastly, the intent of this policy is to provide uniformity in the manner in which CSU campuses evaluate and communicate the occurrence of these crimes.
CSU campuses will keep their campus community informed by providing a timely warning as required by the Clery Act.11:
- The Chief of Police (or a management designee in the absence of the Chief) will confer with the Clery Director or designee, if available, upon receiving a report of an incident reported to a CSA and/or UPD, will analyze the known pertinent facts of a reported incident to determine whether the incident meets all of the following factors: 1) is a Clery reportable crime; 2) occurred on Clery geography; and 3) poses a serious or ongoing threat to the community.12
- If it is determined that any of the three factors is not met, then no timely warning will be issued.
- If it is determined that all three factors are met, a timely warning as described in Section III.C.2. shall be issued expeditiously.
- If the Clery Director or designee is unavailable, the Chief or the management designee in the absence of the Chief, proceeds with the above-described analysis. The unavailability of the Clery Director shall not unduly delay the issuance of a timely warning to the community.
Each reported incident must be analyzed on a case-by-case basis.13 All known factors should be considered in the required case-by-case analysis to determine whether a timely warning should be issued. No single factor should control the decision regarding the issuing a timely warning. Campuses are prohibited from circumventing the Clery Act-required case-by-case analysis by issuing a blanket rule that timely warnings will be issued for all reports of any given Clery reportable crime. Requests to the campus from an outside law enforcement agency to refrain from issuing a timely warning alone is insufficient grounds for not issuing or delaying the issuing of a timely warning, unless the UPD Chief concurs that an identified risk can be articulated that would compromise the law enforcement efforts of the outside agency investigating the crime to gather evidence and/or apprehend suspect(s) if the warning is issued.
The case-by-case analysis will involve reviewing many factors including, but not limited to, the following, if known:
- The timing of the report: shortly after the occurrence of the crime vs. days or weeks after the occurrence of the crime, i.e., a “cold report”
- Physical injury to the victim
- Use of weapons
- Forced entry used and/or tools used in commission of the crime
- A suspect arrested or incapacitated by injury
- A suspect that is identified or otherwise can be located by law enforcement
- A suspect that is out of the area
- A victim who fears for their safety from the suspect
- A clear modus operandi and/or pre-planning indicated
- Multiple suspect(s) involved
- A pattern of similar crimes established
- The possible risk of compromising law enforcement efforts, such as to gather evidence and/or apprehend suspect(s), if a warning was issued
- Additional Considerations. The Clery Director or designee notifies the campus president, as soon as practicable, that a timely warning will or has been issued.
The Chief of Police and/or management designee is responsible for collaborating with surrounding law enforcement agencies to encourage them to share information with UPD about crimes reported to local law enforcement that occur in Clery Act geography.
Nothing in this policy precludes campuses from maintaining a campus policy about informing, re-publicizing and/or sharing with the campus community crimes or other information notices, e.g., traffic advisories, events, prevention information, the campus deems may be of interest to the campus community. Such a policy is separate and distinct from the timely warning policy. Such notices must look or be distributed in a manner that assures that members of the community understand the notice is different from a timely warning notification required by the Clery Act; members of the campus community should not be misled to believe such notices are timely warnings.
- Contents of a Timely Warning.14 When a timely warning is issued it shall be entitled “Timely Warning Crime Bulletin” and contain the following:
- A statement that reads, “This Timely Warning Bulletin is being issued in compliance with the Jeanne Clery Act and the purpose is to provide preventative information to the campus community to aid members from becoming the victim of a similar crime.”
- Identify the Clery Act reportable crime that occurred (i.e. rape, burglary, motor vehicle theft, arson, etc.)
- The date, time, and location the crime occurred
- The date the Timely Warning Bulletin is issued
- Description of the suspect, if known, and especially when law enforcement is seeking assistance from the public to locate
- At least three preventative tips or points of information specifically related to the type of crime which occurred that could help others from becoming the victim of a similar crime
- The phone number of UPD and a statement encouraging community members to report all information about crimes to UPD
- If appropriate, the phone number of support services
The Timely Warning Bulletins shall not include, under any circumstances, the name of the victim, or information so specific (i.e. specific address or dorm room number or floor) that would or likely could identify the victim of the crimes of sexual violence, rape, dating violence, domestic violence, or stalking.15 Timely Warning Bulletins should use gender and culturally inclusive language and avoid victim blaming language.
Methods of Distribution. Timely warnings will be distributed as quickly as possible in a manner that will likely reach the entire campus community.16 Distribution methods vary from campus-to-campus and include, but are not limited to, any of the following:
- All employee and student e-mail distribution
- University website
- Public area video display monitors
- Hard copies posted on campus building entrance doors
- Press Release
This list is not intended to be exhaustive and is not intended to prioritize the method of distribution. The Chief of Police will confer with the Clery Director or designee, if available, to determine the most appropriate method(s) to distribute a Timely Warning Crime Bulletin. In the absence of the Clery Director for designee, the Chief of Police will decide the appropriate method of distribution. Campuses are required to maintain a list of the methods of distribution for timely warnings and include said list in the campus’ ASR.
Record Retention.17 Copies of all Timely Warning Bulletins are kept by UPD, filed by calendar year, and retained for a period of 7 calendar years. Copies shall be provided to the Clery Director annually. The Clery Directors are encouraged to notate the daily crime log entry and/or UPD crime # or CSA report with timely warning bulletin records.
EMERGENCY NOTIFICATION POLICY
The intent of this policy is to provide uniformity in the manner in which emergency notifications required under the Clery Act18 are processed. This policy outlines the procedures campuses will use to immediately notify the campus community upon the confirmation of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees occurring on the campus.19
Any member of the campus community with information believed to be a significant emergency or a dangerous situation that poses an imminent or immediate threat shall report the information to UPD and/or by calling “911.”20 Examples include, but are not limited to, the following types of incidents:21
- Severe weather warning (e.g., flash flooding, tsunami, hurricane, etc.).
- Environmental emergency within an on-campus facility (e.g., hazardous chemical spill, fire, earthquake, building collapse).
- Criminal activity with an imminent threat to campus community (e.g., active shooter, murder, fleeing suspect with a weapon).
- Health pandemic (e.g., measles outbreak, swine flu outbreak, etc.).
Once UPD has received the report, the Chief of Police, or management designee in the absence of the Chief, will confer with the appropriate public official (e.g., fire chief, health department) and any campus officials responsible for managing the on-campus emergency, if available, to confirm both: 1) a legitimate emergency or dangerous situation exists in on-campus geography; and 2) the emergency or dangerous situation poses an immediate or imminent threat to members of the on-campus community.22
If both of the above factors are not met, no emergency notification is required. If it is determined that both of the above factors are met, then an emergency notification as described in Section III.D.1 shall be issued. The Chief of Police or management designee in the absence of the Chief, will confer with the Clery Director, if available, to prepare the content of the notification and determine which members of the campus community are threatened and need to be notified.
Once the notification is prepared, the Chief of Police and/or the Clery Director, or in their absence, the management designee(s) will, without delay and taking into account the safety of the community, transmit the emergency notification23 unless doing so would delay the ability to mitigate and/or contain the emergency, including the ability to provide immediate, life saving measures.24 If an emergency notification is issued, a timely warning shall not be issued for the same incident.25
- Contents of the Emergency Notification.26 The emergency notification shall be entitled “Emergency Notification” and contain the following information:
- A statement as to what the emergency or dangerous situation is, in specific terms (e.g., chemical spill, active shooter, building fire)
- A statement providing direction as to what actions the receiver of the message should take to ensure their own safety
- A statement as to where or when additional information may be obtained
The Clery Director or designee will provide updates to the emergency notification with pertinent new information or direction to persons for their safety. Updates will be provided in regular intervals until the emergency has been mitigated or no longer poses an imminent threat, e.g., fire is out and building has re-opened.
Methods of Distribution.27 Emergency Notifications will be distributed as quickly as possible in a manner that will likely reach the segment(s) of the on-campus community threatened by the emergency. Distribution methods vary from campus-to-campus and depending on the nature of the emergency, may include:
Testing and Evacuation System. Testing of the Emergency Notification System and evacuation will be done at least once annually. The tests may be announced or unannounced. Tests must be scheduled, contain drills, exercises and appropriate follow-through activities, and be designed for assessment and evaluations of emergency plans and capabilities.28 However, at least one test will be publicized in conjunction with the campus’ emergency response and evacuation procedures.29 Each test will be documented to include a description of the exercise, the date of the test, the start and end times of the test, and whether the test was announced or unannounced.30 A copy of the documentation will be provided to the Clery Director.
Record Retention. Copies of all Emergency Notifications will be kept and filed by calendar year in UPD and shall be retained for 7 years.31 Copies shall be provided annually to the Clery Director.
CAMPUS SECURITY AUTHORITIES (CSAs)
- A campus mass notification system, including but not limited to phone, campus email, or text messaging. Systems should provide currently enrolled students, faculty and staff the ability to adjust their subscription preferences to select multiple contact methods from text messages, emails and phone calls, or if desired, to ‘opt out’ of the service and not receive any notifications
- Audio/visual message boards
- Audible alarms/sirens
- Campus public address systems
- In person or door-to-door notifications in a building or residence halls
- Other means appropriate under the circumstances
California State University encourages all members of the campus communities to contact UPD when they have been the victim of or have witnessed criminal actions. The Clery Act requires certain individuals that are designated as Campus Security Authorities (CSAs) to promptly report allegations of Clery qualifying crimes that occur within a campus’ Clery Geography reported to them for inclusion in the ASR.32
Identification, Notification, and Training. It is the responsibility of the campus Clery Director, in cooperation with the Director of Human Resources and Faculty Affairs, when applicable, and the Dean of Students or Vice President of Student Affairs, to identify who, as a result of their job duties and function at the campus, constitutes a CSA. Employees, including official volunteers and student employees, will be advised in writing and shall sign an acknowledgment stating at the time of hire or commencement of their official duties, of their CSA designation and required duties.33 The Clery Director will send an annual notice to all CSAs reminding them of their responsibilities under the Clery Act.34 Additionally, the Clery Director will provide annually information and training to CSAs of their reporting obligations.35
Crime Reporting. For statistical purposes, all CSAs are required to promptly report to the Clery Director or designee crimes, including hate crimes, which are reported to them in their capacity as CSAs, to help inform whether a timely warning or emergency notification to the campus community is warranted. CSA’s report to the Clery Director or designee include, if known:
- The crime that was reported and the information provided
- The exact location where the crime occurred
- The date and time the crime occurred
- Any witness and perpetrator information
- Victim information, unless the victim requests confidentiality36
In the event the victim does request confidentiality, enough information must be obtained and provided by the CSA about the criminal incident to prevent over-reporting or “double-counting” of the incident.
CSAs are not responsible for determining authoritatively whether a crime took place, only to report the information promptly to the Clery Director if the CSA receives an allegation of crimes that are reported to them in their capacity as a CSA.
CSAs should make the victim or third party they are in contact with aware that UPD and Title IX make both confidential and non-confidential resources available that may be helpful to victims or witnesses of a crime and encourage them to utilize the resources available.
ARTICLE IV. THE ANNUAL SECURITY REPORT (ASR)
Each campus and separate and/or branch campus, if applicable, shall prepare, publish, distribute and maintain an Annual Security Report (ASR) containing security- and safety-related policy statements, emergency preparedness and evacuation information, crime prevention and sexual assault, and drug and alcohol prevention programming, and statistics of Clery Act crimes for that campus.37 Campuses shall prepare the ASR using the following procedures to ensure compliance and accuracy of the information contained in the ASR. Campuses shall publish the ASR using a format distributed by the system-wide Clery Compliance Officer.
The ASR shall not be combined with the Annual Fire Safety Report. The Annual Fire Safety Report shall be compiled by and published at the direction of the Housing Director and/or Director of Residential Life. The Annual Fire Safety Report shall be published and posted by September 15. The Annual Fire Safety Report shall be prominently posted on the home page for residential life and/or student housing and a hard copy must be available upon request.
- Compilation and Accuracy of Statistics for the ASR.38 The Clery Director is responsible for the collection and compilation of crime statistics for Clery-qualifying crimes, including hate crimes, by and through working relationships with CSAs, UPD and the cross-departmental CCT. UPD is responsible for conducting documented outreach to law enforcement agencies to request Clery-reportable crime statistics from the Clery Act geography that UPD does not patrol or provide primary law enforcement response,39 and required to forward this information to the Clery Director.
In addition, the Clery Director will query members of the CCT on a monthly basis, to collect and classify crimes and violations of state and local drug, liquor, and weapons laws occurring within Clery geography where arrests or referrals for discipline of students or employees were made. To promote accurate statistics and reporting practices, the Clery Director and CCT will on at least a quarterly basis, preferably monthly, compare statistics and reports collected during the time period and properly classify crimes, obtain follow-up information if available to classify a reportable crime, and reconcile any double reporting of incidents and/or missed incidents.
The Clery Director will also work with UPD and ensure all reported statistics to UPD were also included in the daily crime log. This process will allow for cross-divisional collaboration and review of crime statistics to promote complete and accurate statistical reporting.
- Timeline. The Clery Act requires that the ASR be published on before October 1. The following timeline for drafting and review of the ASR prior to the October 1 publication deadline shall be followed to ensure compliance. Specific deadlines will be announced annually by the system-wide Clery Compliance Officer. Review will consist of an evaluation and confirmation of existence of required policies, completeness and accuracy of crime statistics and policy statements, and updates, where necessary. Written response from each reviewing office with suggested changes or a statement that no changes are necessary shall be provided to the Clery Director at each stage of review.
April: Deadline to complete draft of the ASR. Clery Compliance Team review begins.
May: Clery Compliance Team completes review. Campus Counsel review begins.
June: Campus Counsel completes review. Vice President review begins.
August: The Vice President (or above) to whom the Clery Director reports completes review.
August - September: ASR finalized and prepared for publication.
September 1540: ASR published on the campus’ home page and a hard copy available upon request.
- Distributing the ASR.41 The ASR must be posted on the campus’ home page and a hard copy must be available. The Clery Director in coordination with the appropriate departments will no later than September 15 disseminate a notice by email to all current students and employees that the ASR is published and available. The email notice will read as follows:
Pursuant to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, the (current year) Annual Security Report (ASR) is now available for viewing at (exact url address). The ASR contains the current security and safety-related policy statements, emergency preparedness and evacuation information, crime prevention and sexual assault prevention information, and drug and alcohol prevention programming. The ASR also contains statistics of Clery Act crimes for [name of campus] for [three years preceding the date of publication]. A paper copy of the ASR is available upon request by contacting the Office of the Clery Director located at [campus address].
The Clery Director in coordination with the Human Resources Department, Office of Admissions, Department of Student Affairs, or other appropriate department will, no later than September 15 of each year, ensure that the above-described notice is posted on appropriate campus employment websites, campus application materials, campus course catalogs, and other locations to ensure notice is provided to all prospective employees and students that the ASR is available upon request.
ARTICLE V. SYSTEM-WIDE CLERY COMPLIANCE OFFICER
The system-wide Clery Compliance Officer (CCO) provides overall leadership for compliance with the Clery Act and related statutes. The CCO provides advice to the Clery Directors throughout the CSU and works with the Office of General Counsel (OGC) to ensure CSU campuses meet regulatory requirements.