Summary Of The Jeanne Clery Act
The Jeanne Clery Act, a consumer protection law passed in 1990, requires all colleges and universities who receive federal funding to share information about crime on campus and their efforts to improve campus safety as well as inform the public of crime in or around campus. This information is made publicly accessible through the annual security report.
Clery Act Crimes
Universities are required to disclose all crime statistics on certain crimes that fall within certain geographic areas. These areas include all campus property and buildings, fraternity and sorority houses, and public property (city streets and sidewalks) immediately adjacent to the core campus. The crimes are:
- · Murder non-negligent manslaughter
- · Negligent manslaughter
- · Sex Offenses (rape, fondling, incest, statutory rape)
- · Robbery
- · Aggravated assault
- · Burglary
- · Motor vehicle theft
- · Arson
- · Domestic violence
- · Dating violence
- · Stalking
- · Hate Crimes
For a definition of these crimes please refer to the annual security report pages 17-19.
Who Are Campus Security Authorities (CSAs)
CSAs are individuals identified by their role with the university who have federally mandated responsibilities to report crimes that they witness or that are reported to them. The intent of including non-law enforcement personnel in the role of a CSA is to acknowledge that some university community members may be hesitant about reporting crime to police, but may be more inclined to report incidents to other campus affiliated individuals.
There are four groups of individuals or organizations associated with an institution that are designated as CSAs
- A Campus Police or Security Department
- Any individual who has responsibility for campus security but who is not a member of the Campus Police Department. This category includes individuals who monitor access into a campus facility such as the Wallman Wellness Center.
- Any individual or organization specified by the institution to which criminal offenses should be reported. At NDSU this is the University Police Department.
- An official of an institutions who has a significant responsibility for student and campus activities, including, but not limited to, student housing, student discipline and campus judicial proceedings. This includes any groups such as Athletics or ROTC who can impose internal disciplinary sanctions on its members, independent of official campus disciplinary actions.
CSA Crime Reporting Obligations
CSAs are required by federal law to promptly notify the reporting structure identified by the University (at NDSU this the University Police Department) of any Clery Act crime within the Clery geographic reporting area that is reported to them. A crime is considered “reported” to a CSA when it is brought to their attention by a victim, witness, other third party, or even the offender. The person reporting the crime to the CSA does not have to be affiliated with the university.
If a crime or other emergency is in progress, or if at any time there is an imminent threat of harm to persons or property, immediately call the University Police at 701-231-8998 or dial 9-1-1.
If the incident reported does not present an imminent threat of harm, or does not constitute an emergency, the CSA should make the individual aware of their option to report the incident to the University Police (1523 12 Ave N, University Police and Safety; 701-231-8998) and assist them with making initial contact.
The CSA must promptly file an electronic Clery Act CSA Crime Reporting Form , regardless of whether the victim chooses to file a police report, as outlined above. Fill out the form in its entirety, as the information asked for on the form will be used to help determine if a timely warning for the crime needs to be disseminated to the campus community. Detailed information is also needed to ensure that the proper crime category has been chosen and to make sure that crimes are not double counted.
As the Clery geographic reporting area can be fluid, please report all Clery crimes reported to you so the University Police can determine if the report needs to be included in the annual statistics.
CSAs should not investigate a crime reported to them or attempt to determine whether in fact a crime took place. CSAs should simply report the crime as soon as practicable to the University Police.