Clery Compliance and Campus Security Authorities
What is the Clery Act?
Signed into law in 1990, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics is a federal law that requires colleges and universities to disclose certain timely and annual information about campus crime and security policies. All postsecondary public and private institutions participating in federal student aid programs must adhere to these regulations. The Clery Act was championed by Howard & Connie Clery after their daughter Jeanne was murdered at Lehigh University in 1986.
What is Colorado College obligated to do?
To ensure compliance with the Clery Act, CC must meet obligations in the following three broad categories: (1) Policy disclosure; (2) Records collection and retention; and (3) Information dissemination.
- Policy Disclosure - CC must provide the campus community and the public with accurate statements of current policies and practices regarding procedures for students and others to report criminal actions or other emergencies on campus; security of and access to campus facilities; and campus law enforcement.
- Records Collection and Retention - CC is required to keep campus records of crimes reported on campus to campus related authorities; must make a reasonable good faith effort to obtain certain crime statistics from appropriate law enforcement agencies to include in the annual security report; and must keep a daily crime log open for public inspection.
- Information Dissemination - To provide the campus community with the information needed to make informed decisions CC must provide a "timely warning" of any crime that represents an ongoing threat to the safety of students and employees, ensure access to the crime log during normal business hours, publish an annual security report and make the information available to all current students and employees, inform the campus community where to obtain information on registered sex offenders; and submit annual crime statistics to the US Department of Education.
Under Clery, a crime is “reported” to a CSA when it is brought to their attention by a victim, witness, or other third party including the offender. It doesn’t matter whether the individuals involved are associated with the institution. CSAs are not responsible for determining authoritatively whether a crime took place. If a CSA receives information and believes it was provided in good faith, he or she should document it as a crime report. “In good faith” means the information is not simply rumor or hearsay and there is little or no reason to doubt the validity of the information.
CSAs are only required to report specific offenses, which include:
- Criminal homicide (murder and non-negligent manslaughter)
- Sex offenses - forcible (rape, sodomy, sexual assault with an object, or forcible fondling)
- Sex offenses - non-forcible (statutory rape, incest)
- Aggravated assault
- Burglary (including attempted)
- Motor Vehicle theft
In addition to the crimes listed above, we are also required to report hate/bias related crimes for the following classifications:
- simple assault
Campus Security Authorities are not responsible for determining authoritatively whether a crime took place - that is the function of law enforcement personnel.
Where can I get a copy of the Annual Security Report and Fire Log?
CC publishes our Annual Security Report and maintains a Fire Log. The Annual Security Report contains a summary of campus crime statistics, responsibilities to report, campus safety and crime prevention programs, emergency notification systems and process, and other safety information. Additionally, pursuant to C.R.S. 18-3-412.5 the report contains information regarding persons who are required by Colorado law to register as sex offenders. The Fire Log includes information about Housing fire notifications and fire statistics.
Where should crimes be reported?
Always use 9-1-1 in the event of an emergency.
For non-emergency situations report crimes to Campus Safety at 719-389-6707, or report in person at the Department of Campus Safety Main Office in Edith Gaylord Hall.
We are required to report offenses that occur in residence halls, on campus properties (including Baca and the Cabin), and on public streets and sidewalks immediately adjacent to the campus.
Timely Warning Assessment
If a serious crime that may constitute an ongoing threat to the Colorado College community is reported to a Campus Security Authority, Campus Safety should be notified immediately. The institution has a responsibility to notify the campus community about any crimes which pose an ongoing threat to the community, and as such, Campus Security Authorities are obligated by law to report crimes immediately to the Campus Safety Department. If there is any question about whether an ongoing threat exists, please contact me immediately.
Campus Security Authority (CSA) Definition and Role
Because students who are victims of crimes may be inclined to report them to someone other than the police, the Clery Act requires institutions to collect crime reports from a variety of individuals and organizations that Clery considers to be “Campus Security Authorities” (CSAs). The function of a campus security authority is to report allegations of Clery Act crimes to Campus Safety, which is the designated office for compiling Clery Crime information. You are a CSA if you are a college official who has significant responsibility for student and campus activities, such as:
- Faculty / staff advisor to a student groups
- Faculty / staff who lead trips abroad
- Faculty / staff who lead trips to the Cabin, Baca, and other sites
- Faculty / staff who oversee student housing, student center activities, or student extra-curricular activities.
- Staff who monitor access into a campus facility or act as event security.
- Team coaches
A faculty member who does not have any responsibility for student and campus activity beyond the classroom would not meet the criteria as a CSA.
Pastoral and Professional Counselors are not Campus Security Authorities, even though they have significant responsibility for student and campus activities, to ensure that they can provide appropriate counseling services without an obligation to report crimes.
On-Campus: Any building or property owned or controlled by an institution of higher education within the same reasonable contiguous geographic area of the institution and use by the institution in direct support of, or in a manner related to, the institution’s educational purpose, including residence halls and property within the same reasonably contiguous geographic area of the institution that is owned by the institution but is controlled by another person, is frequently used by students, and supports institutional purpose such as a food or other retail vendor.
Residence Halls: A subset of “on-campus” crimes, which include only those crimes that were reported to have occurred in dormitories or other residential facilities for students on campus.
Non-Campus: Any building or property owned or controlled by a student organization officially recognized by the institution and any building or property (other than a branch campus) owned or controlled by an institution of higher education that is used in direct support of, or in relation to, the institution’s educational purpose, is frequently used by students and is not within the same reasonably contiguous area of the institution.
Public Property: All public property, including thoroughfares, streets, sidewalks, and parking facilities, and is within the campus, or immediately adjacent to and accessible from the campus.
Murder/Non-Negligent Manslaughter: the willful (non-negligent) killing of one human being 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.
Forcible and Non-Forcible Sex Offenses:
-Forcible Sex Offenses is any sexual act directed against another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent. This includes forcible rape, forcible sodomy, sexual assault with an object and forcible fondling.
- Non-Forcible Sex Offenses are acts of unlawful, non-forcible sexual intercourse which includes incest and statutory rape.
Robbery: the taking or attempting to take anything from value of 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.
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 results from an aggravated assault when a gun, knife or other weapon is used which could or probably would results in a serious potential injury if the crime were successfully completed.
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 a larceny or a felony; breaking and entering with intent to commit a larceny; housebreaking; safecracking; and all attempts to commit any of the aforementioned
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)
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.
Liquor Law Violations: the violations of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession or use of alcoholic beverages (driving under the influence or drunkenness are not included in this definition).
Drug Abuse Violations: the violations of laws or ordinances prohibiting the unlawful possession, sale, growing, manufacturing, distribution, and/or use of certain controlled substances and the equipment or devices utilized in their preparation and/or use.
Weapon Law Violations: violations of laws or ordinances prohibiting the manufacturing, sale, purchase, transportation, possession, concealment, or use of firearms, cutting instruments, explosives,
incendiary devices, or other deadly weapons.
Hate Crime Definitions
Hate Crimes: Colorado College is also required to report statistics for hate (bias) related crimes by type of bias as defined below for the following classifications; murder/non-negligent manslaughter, sex offenses (forcible and non-forcible), robbery, aggravated assault, burglary, motor vehicle theft, arson, liquor law violations, drug abuse violations, and weapon law violations (see definitions previously mentioned) and larceny, vandalism, intimidation, and simple assault (see definitions below).
Larceny: the unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another.
Vandalism: to willfully or maliciously destroy, injure, disfigure, or deface any public or private property, real or personal, without the consent of the owner or person having custody or control by cutting, tearing, breaking, marking, painting, drawing, covering with filth, or any other such means as may be specified by local law.
Intimidation: to unlawfully place another person in reasonable fear of bodily harm through the use of threatening works and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack.
Simple Assault: an unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration or loss of consciousness.
If a hate crime occurs where there is an incident involving intimidation, vandalism, larceny, simple assault or other bodily injury, the law required that the statistic be reported as a hate crime even though there is no requirement to report the crime classification in any other area of the compliance document.
A hate or bias related is not a separate, distinct crime, but is the commission of a criminal offense which was motivated by the offenders’ bias. For example, a subject assaults a victim, which is a crime. If the facts of the case indicate that the offender was motivated to commit the offense because of his bias against the victim’s race, sexual orientation, etc., the assault is then also classified as a hate/bias crime.