Clery Act Compliance

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Last Updated: May 10, 2024, 03:57 PM

COMPLIANCE WITH THE JEANNE CLERY DISCLOSURE OF CAMPUS SECURITY POLICY AND CAMPUS CRIME STATISTICS ACT

Purpose: To address the campus obligations pursuant to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 U.S.C. 1092(f) (the Clery Act).

Definitions (By Category):

Administrative

Annual Security Report: A required annual report setting forth statistics for Clery Act Crimes and disciplinary referrals for weapon, drug, and alcohol offenses by type, location, and year; campus safety and security-related policy statements; procedures for issuing to the campus community timely warnings and emergency notifications of potentially dangerous criminal and emergency situations; campus evacuation procedures; and locations for obtaining information concerning registered sex offenders from state law enforcement agencies.

Annual Fire Safety Report: A required annual report that discloses fire safety policies and procedures for on-campus student housing and statistics for fires in on-campus student housing.

Campus Security Authority ( CSA): Four groups of individuals and organizations specified in the Clery Act and associated with the campus, including: (1) the campus police department; (2) individual(s) who have responsibility for campus security, but who are not affiliated with the campus police department; (3) any individual or organization specified in the statement of campus security policy as an individual or organization to which students and employees should report criminal offenses; (4) any official of the campus who has significant responsibility for student and campus activities, including, but not limited to, student housing, student discipline and campus judicial proceedings and who has the authority and the duty to take action or respond to particular issues on behalf of the campus. When acting within the scope of their official responsibilities, Pastoral Counselors, Professional Counselors, and uncertified persons who are acting under the supervision of an exempt counselor, are not CSAs.

Clery Compliance Coordinator: The official designated to coordinate the campus Clery Act compliance program.

Daily Crime Log: A log maintained by the campus police of any and all alleged criminal incidents reported to the campus police.

Fire Log: A log maintained by campus police of any report to a campus official of a fire occurring in on-campus student housing.

Pastoral Counselor: An employee of an institution, who is associated with a religious order or denomination, recognized by that religious order or denomination as someone who provides confidential counseling and who is functioning within the scope of that recognition as a pastoral counselor.

Professional Counselor: A campus employee whose official responsibilities include providing psychological counseling to members of the campus community and who is functioning within the scope of his or her license or certification.

Crimes

Clery Act Crimes: Certain crimes specified in the Clery Act which the campus must compile statistical information on, including reports made to the campus police, CSAs, and local law enforcement. Crime data shall include the following: murder and non-negligent manslaughter, negligent manslaughter, sex offenses, robberies, aggravated assaults, burglaries, motor vehicle thefts, arson, hate crimes, dating violence, domestic violence, stalking, and arrests and referrals for weapon, drug, and liquor violations.

Aggravated Assault: An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm. It is not necessary that injury result from an aggravated assault when a gun, knife or other weapon is used which could or probably would result in a serious potential injury if the crime were completed.

Arson: The willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, or personal property of another kind.

Burglary: The unlawful entry of a structure to commit a felony or a theft. For reporting purposes this definition includes: unlawful entry with intent to commit larceny or a felony; breaking and entering with the intent to commit larceny; house- breaking, safecracking; and all attempts to commit any of the aforementioned.

Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. Violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence. The existence of a relationship of a romantic or intimate nature with the victim shall be determined based on a consideration of the following factors:

  1. The length of the relationship.
  2. The type of the relationship.
  3. The frequency of interaction between the persons involved in the relationship.

Domestic Violence: A felony of misdemeanor crime of violence committed by:

  1. A current or former spouse or intimate partner of the victim;
  2. A person with whom the victim shares (or allegedly shares) a child in common;
  3. A person who is cohabitating with or had cohabitated with the victim as a spouse or intimate partner
  4. A person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or
  5. Any other person against an adult or youth victim who is protected from that persons acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
  6. Illinois domestic violence laws include:
    1. Family members related by blood.
    2. People who share or used to share a home, apartment, or other common dwelling.
    3. People who have a blood relationship through a child in common.
    4. People who are dating, engaged, or used to date, including same sex couples.
    5. People with disabilities and their personal assistants.

Drug Abuse Violation: The violation of laws prohibiting the production, distribution and/or use of certain controlled substances and the equipment or devices utilized in their preparation and/or use. The unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation or importation of any controlled drug or narcotic substance.

Hate Crime (Clery Act defined): Any incidents of larceny-theft, simple assault, intimidation, destruction/damage/vandalism of property, and other Clery Act Crimes that are motivated by bias toward race, ethnicity, national origin, gender, gender identity, sexual orientation, religion, and/or disability.

Liquor Law Violation: The violation of state or local laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession or use of alcoholic beverages, not including driving under the influence and drunkenness.

Motor Vehicle Theft: The theft or attempted theft of a motor vehicle. (Classify as motor vehicle theft all cases where automobiles are taken by persons not having lawful access, even though the vehicles are later abandoned - including joy riding.)

Murder/Non-Negligent Manslaughter: The willing (non-negligent) killing of one human by another. NOTE: deaths caused by negligence, attempts to kill, assaults to kill, suicides, accidental deaths, and justifiable homicides are excluded.

Negligent Manslaughter: The killing of another person through gross negligence.

Robbery: The taking or attempting to take anything of value from the care, custody or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear.

Sex Offense: An offense that meets the definition of rape, forcible fondling, incest, or statutory rape as used in the FBIs UCR program.

  1. Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
  2. Forcible Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
  3. Incest: Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
  4. Statutory Rape: Nonforcible sexual intercourse with a person who is under the statutory age of consent.

Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to

  1. Fear for the persons safety or the safety or others; or
  2. Suffer substantial emotional distress.
  3. For the purposes of this definition
    1. Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by an action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a persons property.
    2. Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily, require medical or other professional treatment or counseling.
    3. Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.

Weapons (carrying, possessing, etc.): The violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, concealment, or use of firearms, cutting instruments, explosives, incendiary devices or other deadly weapons.

Geography

Clery Geography Map: A map depicting the core campus, including on-campus property, student housing facilities, non-campus property, and public property.

Core Campus: The same reasonably contiguous area of buildings or property owned or controlled by Southern Illinois University that the University and its students consider to be, and treat as, an integral part of the main campus; that are directly supported, or related to the Universitys educational purposes; and that are covered by the same security policies.

Non-Campus Property: (1) Any building or property owned or controlled by a student organization that is officially recognized by the campus, or (2) any building or property owned or controlled by the campus that is used in direct support of, or in relation to, the campus educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the campus.

On-Campus Property: (1) Any building or property owned or controlled by the campus within the same reasonably contiguous geographic area and used by the campus in direct support of, or in a manner related to, the campus educational purposes, including residence halls; and (2) any building or property that is within or reasonably contiguous to the area identified in paragraph (1), that is owned by the campus but controlled by another person, is frequently used by students, and supports campus purposes (e.g., a food or retail vendor).

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.

Notifications

Emergency Notification: An announcement called an SIU Alert to inform the campus community of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees occurring on the campus.

Missing Student Notification: A notification issued to a students designated contact, parent or legal guardian, and the local law enforcement agency with jurisdiction following the report that a student who resides in on-campus student housing is missing.

Timely Warning: An announcement to inform the campus community of Clery Act Crimes and other serious incidents when a reported crime may pose a serious or continuing threat to the campus and surrounding community.

Procedure

General Guidelines

Southern Illinois University Carbondale prohibits criminal behavior on campus. All faculty, staff, students and visitors are strongly encouraged to promptly and accurately report all suspected Clery Act crimes and public safety-related incidents occurring on on-campus property to campus police. Crimes should be promptly and accurately reported to the Department of Public Safety or appropriate local law enforcement agencies when the victim of a crime elects to or is unable to make such a report.

Risk Reduction on Campus

The University has established services and risk reduction strategies for the students and employees of the University.

NIGHT SAFETY TRANSIT

Night Safety Transit provides SIU students with a free and safe means of transportation every evening. The program is designed to transport SIU students from off-campus residence locations to on-campus locations, from on-campus locations to off-campus residence locations, and from campus locations to other campus locations.

EMERGENCY CALL BOXES

Emergency call boxes are labeled "Emergency" and are mounted on red poles topped with blue strobe lights. Yellow emergency call boxes are also mounted near the front entrances of residential buildings. The Emergency Call Boxes are automatically connected to the Department of Public Safety via 9-1-1. Emergency Call Box locations can be found by visiting safe.siu.edu/staying-safe/emergency-call-boxes.php and are labeled with a red phone signal.

BRIGHTWAY PATH

The Brightway Path was designed as a pedestrian path with enhanced lighting. People are encouraged to use this path when walking after dark. The Brightway Path can be viewed at safe.siu.edu/staying-safe/brightway-path.php and it highlighted in yellow.

REPORTING OF CRIMES

Crime victims should report criminal offenses to the Department of Public Safety or local law enforcement agencies. Crime victims have the option to be assisted by campus authorities in notifying law enforcement if the victim so chooses. If you are a victim, your first priority should be to get to a place of safety. Crime victims and witnesses should leave evidence in tact when possible. Time is a critical factor for evidence collection and preservation. Evidence should be collected by trained investigators. Evidence may assist in proving that the alleged criminal offense occurred or may be helpful in obtaining a protection order. Crime victims also have the option to decline to notify these authorities if they so choose.

CLERY LIAISON

The Clery Compliance Coordinator will identify and maintain a list of campus Clery Liaisons. The Clery Liaison shall be responsible for providing the following information:

  1. Identifying and registering Campus Security Authorities ( CSAs) within the unit/division;
  2. Registering all non-campus property used by the unit/division;
  3. Registering locations where students go on university-sponsored travel (e.g,. hotel, inn, hostel, etc.).
  4. Entering information on-line at: www.safe.siu.edu

CAMPUS SECURITY AUTHORITIES

Campus Security Authorities (CSAs) shall complete mandatory training upon hire and annually thereafter. CSAs shall report suspected Clery Act Crimes that are brought to their attention or that they personally witness, regardless of whether the victim or alleged suspect is associated with the University. CSAs must complete and submit electronically a CSA Crime Report Form available at the safe.siu.edu.

CAMPUS DEPARTMENT RESPONSIBILITIES

OFFICE OF EQUITY AND COMPLIANCE

The Office of Equity and Compliance provides training, conducts investigations, and ensures compliance with federal and state laws related to sexual violence, Title IX, and discrimination.
SIU Carbondale has classified most employees as Mandated Reporters. If OEC or any other department under this policy, becomes aware of a crime of violence, including sexual assault, to have occurred or potentially have occurred within the CLERY geography, the responsible authority within the department shall immediately alert the Department of Public Safety.

STUDENT RIGHTS AND RESPONSIBILITIES

Student Rights and Responsibilities (SRR), the office charged with enforcement of the Student Conduct Code, shall report all Clery Act Crimes resulting in discipline to the Department of Public Safety for inclusion in the Annual Security Report.

FACILITIES AND ENERGY MANAGEMENT RESPONSIBILITIES

Facilities and Energy Management (FEM) shall provide the Department of Public Safety a list of all active properties owned or controlled by the University PSO shall review the Clery Geography Map and building list with representatives of the Department of Public Safety and the Office of University Counsel annually.

SOUTHERN ILLINOIS UNIVERSITY EXTENDED CAMPUS

SIU Extended Campus shall provide the Department of Public Safety a list of agreements with off-site locations to hold instructional study.

CENTER FOR INTERNATIONAL EDUCATION RESPONSIBILITIES

Center for International Education shall provide the Department of Public Safety a list of all buildings or property owned or controlled by the University in foreign countries.

HUMAN RESOURCES RESPONSIBILITIES

Human Resources shall notify prospective employees of the availability of the Annual Security Report, a description of its contents, and the opportunity to request a copy. For the purpose of identifying Campus Security Authorities, Human Resources shall identify and provide a monthly list of all new employees to the Department of Public Safety.

LABOR AND EMPLOYEE RELATIONS

Labor and Employee Relations shall annually provide to the Department of Public Safety any liquor, drug, or weapon violations resulting in discipline for any employee.

ADMISSIONS RESPONSIBILTIES

The offices of Undergraduate Admissions, Graduate Admissions, School of Law Admission, and School of Medicine Admissions shall provide the electronic notice of availability of the Annual Security Report to all prospective students.

DEPARTMENT OF PUBLIC SAFETY

The Department of Public Safety (DPS) shall compile and disclose statistics on the Clery Act Crimes reported for the Core Campus that occurred on on-campus property, non-campus property, and public property.

DPS shall collect reports of Clery Act Crimes made to campus police, local law enforcement, and CSAs. DPS shall, using statistics of Clery Act Crimes reported over the past three years, complete the Department of Education annual Campus Safety and Security Survey, which is available at hope.ed.gov/security. Crime statistics in the Annual Security Report and sent to the Department of Education are sent to Institutional Research and Studies (or other campus unit designated by the chancellor that is not involved in the data collection) for verification. By October 1st of each year, DPS shall disclose to the campus community and the public, an Annual Security Report, including:

  1. Clery Act Crimes data by type;
  2. Security policies and procedures in place to protect the community; and
  3. Information on the handling of threats, emergencies and dangerous situations.

The Department of Public Safety provides the Annual Security Report to the Office of the Chancellor. The Office of the Chancellor ensures   all currently enrolled students and all employees are notified via email about the availability of the Annual Security Report, providing: (i) a statement of the reports availability; (ii) a list and brief description of the information contained in the report; (iii) the exact URL (a direct link) for the website at which the report is available; and (iv) a statement that a paper copy of the Annual Security Report is available without fee upon request, written or otherwise.

DPS shall provide regular, mandatory training for all CSAs.

DPS determines, on a case-by-case basis, whether and when to issue Timely Warning alerts to inform the campus community and surrounding community about Clery Act Crimes, depending on when and where the incident occurred, when it was reported, and the amount of information known by the campus police. DPS may issue an alert whenever a serious crime or series of crimes on campus property poses a continuing risk to students and employees. DPS may issue alerts for crime classifications such as: murder, manslaughter, sex offenses, robbery, aggravated assault, burglary, and arson.

DPS determines, on a case-by-case basis, whether and when to issue Emergency Notifications to the campus community and surrounding community. DPS may issue an alert if a situation poses a verified, imminent, or ongoing potential threat to the safety, security, or health of students or employees, and to expedite emergency response and/or evacuation procedures.

DPS must once per calendar year conduct at least one test of the campus emergency response and evacuation procedures. DPS must publicize in advance the information regarding the test, including the date and time, and should send to the entire campus community via a mass-mail, follow-up information regarding the results of the test, in summary form.

DPS must maintain a Daily Crime Log and make Daily Crime Log available for public review at the Public Safety Building and on-line at the Department of Public Safety website.

DPS shall maintain the campus Fire Log and make the Fire Log available, upon request, for public inspection.

DPS shall prepare the Annual Fire Report and distribute the report by October 1st of each year. DPS shall notify via email all currently enrolled students and all employees of the availability of the Annual Fire Report, providing (a) a statement of the reports availability; (b) a list and brief description of the information contained in the report; (c) the exact URL (a direct link) for the website at which the report is available; and (d) a statement that a paper copy of the Annual Fire Report is available without fee upon request, written or otherwise. DPS shall provide annual fire statistics for the Department of Education survey, which is available at ope.ed.gov/security.

DPS shall work with the campus units and divisions to establish Clery Act-related educational programs and promotion of safety awareness programs.

The Clery Compliance Coordinator shall be a unit of the DPS. The Clery Compliance Coordinator shall collect and classify all reports of Clery defined crimes and disciplinary referrals from reports, CSAs, and outside law enforcement agencies; timely report crime data; and coordinate resources toward compliance.

DEAN OF STUDENTS

The Dean of Students shall, annually, send electronic communication to all students notifying them of policies involving compliance with the Clery Act.

RECORDS RETENTION

In accordance with the State Records Commission approved Application for Authority to Dispose of State Records 13-41 Student Records Retention Schedule, or for seven (7) years plus the current calendar year, all campus units and divisions must maintain all Clery related documentation.

The University will provide publicly available record-keeping, for purposes of Clery Act reporting and disclosure, without the inclusion of identifying information about the victim. The University will maintain as confidential any accommodations or protective measures provided to the victim, to the extent that maintaining such confidentiality would not impair the ability of the institution to provide the accommodations or protective measures.

ACKNOWLEDGMENT

Because many universities have been involved in developing policies in compliance with the Clery Act, the Violence Against Women Reauthorization Act, and Title IX, these policy statements may look similar; specifically, several other university policies were reviewed in creating this policy including: University of Illinois, and Penn State University.