The Handbook

for Campus Safety

and Security Reporting

2016 Edition
This page intentionally left blank. 
The Handbook for 

Campus Safety and 

Security Reporting

2016 Edition

U.S. Department of Education

Office of Postsecondary Education
This report was prepared in part under Contract Nos. ED-04-CO-0059/0004 and ED-99-CO-0109 with 

Westat and ED-OPE-15-C-0031 and ED-IES-10-C-0016 with INOVAS. Amy Wilson served as the 

contracting officer’s representative. No official endorsement by the U.S. Department of Education of any 

product, commodity, service or enterprise mentioned in this publication is intended or should be inferred. 

U.S. Department of Education 

John B. King, Jr.

Secretary

Office of Postsecondary Education 

Lynn Mahaffie 

Deputy Assistant Secretary for Policy, Planning, and Innovation, delegated the authority to perform the 

functions and duties of the Assistant Secretary for Postsecondary Education 

Policy Development, Analysis and Accreditation Service 

Gail McLarnon

Senior Director

June 2016 

This report is in the public domain. Authorization to reproduce it in whole or in part is granted. While 

permission to reprint this publication is not necessary, the citation should be U.S. Department of 

Education, Office of Postsecondary Education, The Handbook for Campus Safety and Security Reporting, 

2016 Edition, Washington, D.C., 2016.

This report is available on the Department’s website at 

http://www.ed.gov/admins/lead/safety/campus.html. 

Availability of Alternate Formats 

On request, this publication is available in alternate formats, such as Braille, large print or computer 

diskette. For more information, please contact the Department’s Alternate Format Center at 202-260-0852 

or by contacting the 504 coordinator via email at om_eeos@ed.gov. 

Notice to Limited English Proficient Persons

If you have difficulty understanding English, you may request language assistance services for 

Department information that is available to the public. These language assistance services are available 

free of charge. If you need more information about interpretation or translation services, please call 

1-800-USA-LEARN (1-800-872-5327) (TTY: 1-800-437-0833), email us at 

Ed.Language.Assistance@ed.gov, or write to U.S. Department of Education, Information Resource 

Center, 400 Maryland Ave. SW, Washington, DC 20202. 

Photo credits

Front cover: Upper left, Shutterstock; upper center top and bottom, Westat; upper right, Getty Images; 

bottom, Getty Images; page 6-5, Westat; back cover: upper left, Getty Images; middle and lower left, 

Westat; center, Getty Images; right, Shutterstock. The republication, retransmission, reproduction or other 

use of these photos independent of The Handbook for Campus Safety and Security Reporting is 

prohibited.

Content contact: HandbookQuestions@ed.gov

The Handbook for Campus Safety and Security Reporting iii

CONTENTS

Abbreviations ................................................................................................................. vi 

List of Figures ................................................................................................................ vii 

List of Tables ................................................................................................................. vii 

1. Introduction: An Overview of Campus Safety and Security Reporting .............. 1-1 

How to Determine If Your Institution Must Comply With the HEA .................. 1-2 

Purpose of the Handbook .................................................................................... 1-4 

Getting Additional Help ...................................................................................... 1-11 

2. Geography: Location, Location, Location .......................................................... 2-1 

How to Identify Your On-campus Geography .................................................... 2-2 

How to Identify Your Public Property ................................................................ 2-11 

How to Identify Your Noncampus Buildings or Property .................................. 2-18 

Use of Maps......................................................................................................... 2-26 

3. Crime Statistics: Classifying and Counting Clery Act Crimes ............................ 3-1 

Crime Definitions ................................................................................................ 3-3 

Types of Criminal Offenses ................................................................................ 3-4 

Hate Crimes ......................................................................................................... 3-25 

VAWA Offenses ................................................................................................... 3-36 

Arrests and Disciplinary Referrals for Violation of Weapons, Drug 

Abuse and Liquor Laws ............................................................................... 3-42 

Unfounded Crimes .............................................................................................. 3-51 

Excluded Crimes ................................................................................................. 3-55 

4. Collecting Statistics: Authorities and Law Enforcement Agencies .................... 4-1 

How to Identify Your Institution’s CSAs ........................................................... 4-2 

What Does a Campus Security Authority Do? ................................................... 4-5 

What Shouldn’t a Campus Security Authority Do? ............................................ 4-6 

Exemption for Pastoral and Professional Counselors ......................................... 4-7 

Recommendations ............................................................................................... 4-9 

Requesting Statistics From Local Law Enforcement Agencies ......................... 4-12 

5. The Daily Crime Log: Recording Crimes Reported to Campus Police or 

Security Personnel ............................................................................................... 5-1 

Purpose of the Daily Crime Log.......................................................................... 5-2 

Creating Your Log............................................................................................... 5-4 

Required Crime Log Elements ............................................................................ 5-4 

Maintaining Your Log ......................................................................................... 5-6 

Making Your Log Available ............................................................................... 5-7 
iv The Handbook for Campus Safety and Security Reporting

6. Emergency Notification and Timely Warnings: Alerting Your Campus 

Community .......................................................................................................... 6-1 

Emergency Response and Evacuation Procedures .............................................. 6-1 

The Timely Warning ........................................................................................... 6-12 

Emergency Notification and Timely Warnings: Sorting Out the 

Differences ................................................................................................... 6-16 

7. Policy Statements: What You Do and How You Do It ....................................... 7-1 

 Campus Security Policies That Must Be Addressed in the Annual 

Security Report ............................................................................................ 7-2 

8. Policies, Procedures and Programs: Dating Violence, Domestic 

Violence, Sexual Assault and Stalking ................................................................ 8-1 

Educational Programs and Campaigns ................................................................ 8-3 

 Procedures Victims Should Follow in the Case of Alleged Dating 

Violence, Domestic Violence, Sexual Assault or Stalking .......................... 8-9

 Procedures Your Institution Will Follow in the Case of Alleged Dating 

Violence, Domestic Violence, Sexual Assault or Stalking .......................... 8-12 

 Advising the Campus Community About Sex Offenders ................................... 8-23 

9. The Annual Security Report: Publishing Policy Statements and Crime 

Statistics ............................................................................................................... 9-1 

Presenting Your Policy Statements in the Annual Security Report .................... 9-2 

Presenting General Crime Statistics and Arrest and Disciplinary 

Referral Statistics ......................................................................................... 9-2 

Presenting Hate Crime Statistics in the Annual Security Report ........................ 9-6 

Presenting Statistics for Unfounded Crimes in the Annual Security 

Report ........................................................................................................... 9-7 

10. Missing Students: The Twenty-four Hour Rule .................................................. 10-1 

Policy Statement .................................................................................................. 10-2 

Procedures ........................................................................................................... 10-5 

11. Fire Safety Disclosures: Requirements and Definition of a Fire ......................... 11-1 

Definition of a Fire .............................................................................................. 11-1 

12. The Fire Log: Recording Fires in On-campus Student Housing 

Facilities .............................................................................................................. 12-1 

What Are Reported Fires? ................................................................................... 12-1 

Creating a Fire Log.............................................................................................. 12-3 

Reporting to the Campus Community ................................................................. 12-5 
The Handbook for Campus Safety and Security Reporting v 

13. Fire Statistics: Classifying and Counting Fires in On-campus Student 

Housing Facilities ................................................................................................ 13-1 

Required Fire Statistics ....................................................................................... 13-1 

14. The Annual Fire Safety Report: Publishing Policy Statements and Fire 

Statistics ............................................................................................................... 14-1 

Components of the Fire Safety Report ................................................................ 14-2 

Appendices

A Links to the Higher Education Act of 1965 Safety- and Security-related 

Laws and Regulations ......................................................................................... A-1 

B Sample Letter to a Local Law Enforcement Agency to Request Crime 

Statistics ............................................................................................................... B-1 

C Checklist for Campus Safety and Security Compliance ..................................... C-1 

Index .............................................................................................................................. I-1 
vi The Handbook for Campus Safety and Security Reporting

ABBREVIATIONS

AD: Athletics director

Clery Act: Jeanne Clery Disclosure of Campus Security Policy and 

Campus Crime Statistics Act

Clery Act geography: Buildings or property that meet the definition of 

On Campus, Public Property, or Noncampus buildings or 

property as defined by the Clery Act and discussed in Chapter 2 

of this handbook 

CSA: Campus Security Authority 

DUI: Driving under the influence 

DWI: Driving while intoxicated

FERPA: Family Educational Rights and Privacy Act

FBI: Federal Bureau of Investigation

FSEOGs: Federal Supplemental Educational Opportunity Grants 

GO: General order 

HEA: Higher Education Act of 1965

LEAP: Leveraging Educational Assistance Partnership

MOU: Memorandum of Understanding 

NIBRS: Uniform Crime Reporting National Incident-Based Reporting 

System

PPA: Program Participation Agreement

RA: Resident assistant

SOP: Standard operating procedure 

The Department: U.S. Department of Education 

UCR: Uniform Crime Reporting

VAWA: Violence Against Women Act 
The Handbook for Campus Safety and Security Reporting vii

FIGURES

1. Example of public property: sidewalk, street, sidewalk .............................. 2-13 

2. Example of public property: parking lot ...................................................... 2-14 

3. Example of public property: gated fence ..................................................... 2-17 

4. Example of noncampus location: mixed-use apartment building ................ 2-24 

5. Suggested Training Elements for Campus Security Authorities ................. 4-11 

6. Sample Daily Crime Log With Required Elements ..................................... 5-4 

7. Example of Emergency Notification via Text Message .............................. 6-5 

8. Sample Scenarios Regarding Emergency Notification and the 

Timely Warning ........................................................................................... 6-17 

9. Sample Criminal Offenses Reporting Table ................................................ 9-4 

10. Sample VAWA Offenses Reporting Table.................................................... 9-5 

11. Sample Arrests and Disciplinary Referrals Reporting Table ....................... 9-5 

12. Examples of Descriptive Hate Crime Reporting ......................................... 9-6 

13. Examples of Descriptive Unfounded Crime Reporting ............................... 9-7 

14. Examples of Reported Fires ......................................................................... 12-2 

15. Sample Fire Log With Required Elements .................................................. 12-4 

16. Classifications of Fire and Examples ........................................................... 13-2 

17. Value Ranges for Estimated Property Damage Due to Fire ........................ 13-5 

18. Sample Fire Statistics Reporting Table for the Annual Fire Safety 

Report ........................................................................................................... 13-7 

19. Sample Description of On-campus Student Housing Facility Fire 

Safety Systems ............................................................................................. 14-3 

TABLES

1. Components of Higher Education Act compliance regarding 

campus safety and security reporting: Basic requirements and time 

frames ........................................................................................................... 1-9 
This page intentionally left blank.
Introduction:

An Overview of Campus Safety 

And Security Reporting

CHAPTER 1

Choosing a postsecondary institution is a major decision for 

students and their families. Along with academic, financial and 

geographic considerations, the issue of campus safety is a vital 

concern. 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). 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 

act was amended in 1992, 1998, 2000 and 2008. The 1998 

amendments renamed the law the Jeanne Clery Disclosure of 

Campus Security Policy and Campus Crime Statistics Act in 

memory of a student who was slain in her dorm room in 1986. 

It is generally referred to as the Clery Act and is in section 

485(f) of the HEA. 

On March 7, 2013, the Violence Against Women 

Reauthorization Act of 2013 (VAWA) (Public Law 113-14) was 

signed into law. VAWA includes amendments to the Clery Act. 

These changes require institutions to disclose statistics, policies 

and programs related to dating violence, domestic violence, 

sexual assault and stalking, among other changes. Specifically, 

these changes added or modified requirements related to

• disclosure of statistics of the number of dating 

violence, domestic violence, sexual assault and 

stalking incidents;

• disclosure of statistics of new categories of Hate 

Crimes;

• implementation by institutions and disclosure of 

programs to prevent dating violence, domestic 

violence, sexual assault and stalking, including 

– primary prevention and awareness programs for 

incoming students and employees; and 

The Handbook for Campus Safety and Security Reporting 1-1 
Chapter 1. Introduction: An Overview of Campus Security 

1-2 The Handbook for Campus Safety and Security Reporting

– ongoing prevention and awareness campaigns 

for students and employees; 

• disclosure of procedures victims should follow if a 

crime of dating violence, domestic violence, sexual 

assault or stalking has occurred; and 

• implementation by institutions and disclosure of 

procedures for institutional disciplinary action in 

cases of dating violence, domestic violence, sexual 

assault and stalking, including 

– descriptions of each disciplinary proceeding 

used by the institution, the standard of evidence 

used during each disciplinary proceeding, 

possible sanctions imposed following the 

results of disciplinary proceedings, and the 

range of protective measures that the institution 

may offer a victim;

– provisions to ensure that proceedings will be 

prompt, fair and impartial;

– provisions that state that proceedings will be 

conducted by officials who receive annual 

training; and

– ensuring equal opportunities for the accuser 

and accused to have others present during 

proceedings, including an advisor of their 

choice.

Although the HEA is the law that governs the 

administration of all federal higher education programs, as 

used in this handbook, HEA refers only to the Clery Act and 

other safety- and security-related requirements applicable to 

institutions under the HEA. 

How to Determine If Your Institution 

Must Comply With the HEA 

Does your institution participate in federal Title IV 

student financial assistance programs? All public and private 

postsecondary institutions that participate in any of the Title IV 

programs must comply with the HEA. Title IV institutions have 

signed Program Participation Agreements (PPAs) with the U.S. 

Although the HEA

is the law that 

governs the 

administration of 

all federal higher 

education 

programs, as 

used in this 

handbook, HEA

refers only to the 

Clery Act and 

other safety- and 

security-related 

requirements 

applicable to 

institutions under 

the HEA. 
Chapter 1. Introduction: An Overview of Campus Security 

The Handbook for Campus Safety and Security Reporting 1-3 

Department of Education (the Department) to administer these 

financial assistance programs. The programs include Pell 

Grants, Federal Supplemental Educational Opportunity Grants 

(FSEOGs), the Federal Work-Study Program, Federal Perkins 

Loans, the Federal Direct Loan Program, and the Leveraging 

Educational Assistance Partnership (LEAP). If you are not sure 

whether your institution participates in the Title IV programs, 

contact your institution’s financial aid officer or chief 

executive officer. 

Note that:

• Your institution must comply with the HEA’s 

requirements beginning on the date your PPA goes 

into effect (i.e., the date it is signed by the secretary 

of education). If your institution is Title IV eligible, 

but has a location or locations that serve students who 

are not receiving Title IV student aid, you must still 

comply with the Clery Act and other safety- and 

security-related HEA requirements for all locations. 

These requirements apply based on institutional 

eligibility, not location eligibility.

• If your institution primarily serves secondary school 

students, but enrolls even one postsecondary school 

student and participates in the Title IV programs, you 

must comply. 

• If your institution does not participate in the Title IV 

programs or has a “deferment only” status (i.e., it 

does not provide student loans or grants through Title 

IV programs but does have students who are eligible 

to defer federal student loans while they are enrolled 

in your school), you are not required to comply with 

the requirements described in this handbook. 

Title IV institutions that are exempt from 

compliance:

• If your institution is a distance education-only

school and your students are never present on a 

physical campus, you do not have to comply with the 

requirements discussed in this handbook. This means 

that students do not go to a physical location to 

enroll, seek guidance, study, work, intern, etc. The 
Chapter 1. Introduction: An Overview of Campus Security 

1-4 The Handbook for Campus Safety and Security Reporting

only exception to this rule is an annual graduation 

ceremony. If the only time students are present on a 

physical campus is to attend a graduation ceremony 

at a location that your institution owns or controls, 

your institution is still exempt from compliance.

• Foreign institutions are exempt from the 

requirements; however, foreign campuses of U.S. 

institutions are not exempt and must comply with the 

Clery Act and other safety- and security-related 

requirements discussed in this handbook. 

If you have determined that your institution is a Title IV 

institution and must comply, read on. 

Purpose of the Handbook

This handbook reflects the Department’s interpretations 

and guidance, as of the date of publication, and was written to 

assist you, in a step-by-step and readable manner, in 

understanding and meeting the various HEA requirements. It is 

intended for use by the Department’s program reviewers who 

are responsible for evaluating an institution’s compliance with 

the requirements as well as postsecondary institutions and 

outside reviewers. 

This revised handbook replaces the previous versions of 

the handbook. It does not supplant or replace the HEA. The 

HEA and its regulations take precedence if there are any 

differences between them and the handbook. Your institution is 

responsible for ensuring that it complies with any changes 

made to them. 

Handbook Organization 

Chapter 2 assists you in laying the proper foundation for 

complying with the Clery Act and other HEA safety- and 

security-related reporting requirements by explaining the 

important role geography has in complying with the law and its 

regulations. We discuss in detail how to identify which 

buildings and property owned or controlled by your institution 

fall into the various HEA-related geographic categories. 

Getting this foundation right is key to knowing 

• what crimes and fires to report and in which reporting 

categories to include them;

This revised 

handbook 

replaces the 

previous versions 

of the handbook. 
Chapter1. Introduction: An Overview of Campus Security

The Handbook for Campus Safety and Security Reporting 1-5 

• from whom to collect crime and fire reports;

• whether a campus alert must be issued; 

• whether a crime or a fire report must be entered into a 

log; 

• what policy statements your institution must have on 

record;

• what training programs your institution must provide 

for your students and employees; and 

• what annual reports your institution must publish. 

Subsequent chapters describe and discuss the various 

requirements by topic. We suggest reading the chapters in 

order because some chapters contain information that builds 

upon previous topics. For example, Chapter 3 provides 

definitions of crimes and discusses how to count those that 

occur on your Clery Act geography for inclusion in your 

statistics. Chapter 4 helps you determine from whom within 

your institution and from which local law enforcement 

agencies you must obtain such crime information. There are 

also cross-references throughout the handbook for the times 

you just want to research a particular regulation or issue. 

The handbook also contains citations for the applicable 

laws and regulations, highlights important information in side 

notes, provides examples of crime and fire scenarios, and 

suggests helpful practices to assist you in determining if your 

policies and procedures are compliant. There are a number of 

appendices at the back of the handbook, which are referenced 

throughout the chapters, along with an index to help you locate 

specific terms and topics, and a list of abbreviations used 

frequently throughout the handbook. And, because no 

handbook could cover every situation, help desk contact 

information is provided if you need further assistance. 

The Requirements 

The HEA contains specific campus safety- and securityrelated requirements, but allows institutions a great deal of 

flexibility in complying with them. This flexibility 

acknowledges the myriad differences in types, locations and 

configurations of postsecondary schools. Although all 

institutions have immediate, ongoing and annual

We suggest 

reading the 

chapters in order 

because some 

chapters contain 

information that 

builds upon 

previous topics.
Chapter 1. Introduction: An Overview of Campus Security 

1-6 The Handbook for Campus Safety and Security Reporting

requirements, compliance might differ in some respects from 

one institution to another. For example, compliance for an 

institution with on-campus student housing facilities differs 

from compliance for a small commuter school located in a strip 

mall. A single institution might have some different 

compliance requirements for each of its campuses. In any case, 

whatever the requirements are for your specific institution, they 

must be met completely and on time. As discussed throughout 

the handbook, remember to maintain detailed documentation of 

your compliance with each requirement. Institutions are 

routinely required to provide this documentation to Department 

officials during the conduct of program reviews.

The requirements fall into three categories based on the 

configuration of an institution: (1) Clery Act crime statistics 

and security-related policy requirements that must be met by 

every institution; (2) an additional Clery Act crime log 

requirement for institutions that have a campus police or 

security department; and (3) HEA missing student notification 

and fire safety requirements for institutions that have at least 

one on-campus student housing facility. Following is a list of 

the requirements by category along with the number of the 

applicable handbook chapter or chapters. 

1. Every institution must do the following: 

• Collect, classify and count crime reports and 

crime statistics.

The regulatory requirements for classifying and 

counting crimes are discussed in Chapter 3. The 

regulatory requirements for collecting crime reports 

and statistics are discussed in Chapter 4. 

• Issue campus alerts. To provide the campus 

community with information necessary to make 

informed decisions about their health and safety, you 

must 

– issue a timely warning for any Clery Act crime 

that represents an ongoing threat to the safety 

of students or employees; and

– issue an emergency notification upon the 

confirmation of a significant emergency or 

dangerous situation involving an immediate 

Although all 

institutions have 

immediate, 

ongoing and 

annual 

requirements, 

compliance might 

differ in some 

respects from one 

institution to 

another.
Chapter1. Introduction: An Overview of Campus Security

The Handbook for Campus Safety and Security Reporting 1-7 

threat to the health or safety of students or 

employees occurring on the campus. 

The regulatory requirements regarding these topics 

are discussed in detail in Chapter 6.

• Provide educational programs and campaigns. To 

promote the awareness of dating violence, domestic 

violence, sexual assault and stalking, you must 

– provide primary prevention and awareness 

programs to all incoming students and new 

employees; and

– provide ongoing prevention and awareness 

campaigns for students and employees. 

The regulatory requirements regarding these topics 

are discussed in detail in Chapter 8. 

• Have procedures for institutional disciplinary 

action in cases of dating violence, domestic 

violence, sexual assault and stalking. Disclose your 

policy and procedures in the annual security report. 

The regulatory requirements regarding these topics 

are also discussed in detail in Chapter 8. 

• Publish an annual security report containing 

safety- and security-related policy statements and 

crime statistics and distribute it to all current students 

and employees. Schools also must inform prospective 

students and employees about the availability of the 

report. 

The regulatory requirements regarding crime 

statistics are discussed in Chapter 3 and the 

regulatory requirements for the annual security report 

are discussed in Chapters 7–9. 

• Submit crime statistics to the Department. Each 

year in the fall you must participate in a Web-based 

data collection to disclose crime statistics by type, 

location and year. 

The regulatory requirements for the data collection 

are discussed in Chapter 9. The comprehensive user’s 
Chapter 1. Introduction: An Overview of Campus Security 

1-8 The Handbook for Campus Safety and Security Reporting

guide for the survey is located online at 

https://surveys.ope.ed.gov/campussafety. 

2. In addition to the requirements for all institutions 

listed under no. 1, if your institution maintains a 

campus police or security department, you must 

keep a daily crime log of alleged criminal incidents 

that is open to public inspection. 

The regulatory requirements regarding the daily 

crime log are discussed in Chapter 5.

3. In addition to the requirements for all institutions 

listed under no. 1, if your institution has any oncampus student housing facilities, you must 

• disclose missing student notification procedures 

that pertain to students residing in those facilities; 

and

• disclose fire safety information related to those 

facilities. Specifically, you must 

– keep a fire log that is open to public inspection; 

– publish an annual fire safety report

containing policy statements as well as fire 

statistics associated with each on-campus 

student housing facility, including the number 

of fires, cause of fires, injuries, deaths and 

property damage, and inform prospective 

students and employees about the availability 

of the report; and 

– submit fire statistics to the Department each 

fall in the Web-based data collection. 

The regulatory requirements regarding missing 

student notification are discussed in Chapter 10 and 

the regulatory requirements regarding fire safety are 

discussed in Chapters 11–14. 
Chapter 1. Introduction: An Overview of Campus Security

The Handbook for Campus Safety and Security Reporting 1-9 

Compliance Timetable 

Compliance with the HEA’s campus safety- and securityrelated requirements is not a once-a-year event. Many 

requirements must be satisfied before an institution can be 

considered in full compliance. Some requirements are ongoing, 

such as crime information collecting, campus alerts and log 

updating, while other requirements are less frequent, such as 

the annual reports and the online survey you submit to the 

Department. 

Table 1 is an overview of the basic requirements and 

time frames for the main components of compliance. (Note that 

Appendix C provides a detailed checklist for compliance.) 

Table 1. Components of Higher Education Act compliance regarding campus 

safety and security reporting: Basic requirements and time frames

What to Do When to Do It 

Have emergency notification and 

evacuation procedures for alerting the 

campus community about significant 

emergencies or dangerous situations. 

Disclose your policies and procedures in the 

annual security report.

Use emergency notification procedures 

whenever there is an immediate threat to the 

health or safety of students or employees on 

campus. 

Have in place primary and ongoing 

prevention and awareness programs and 

campaigns for students and employees. 

Disclose your policies and procedures in the 

annual security report.

Provide the primary education programs as 

part of the orientation process for new 

students and employees whenever they start. 

Ongoing campaigns should be visible 

throughout the year. 

Issue timely warnings to alert the campus 

community about crimes that pose a serious 

or continuing threat to safety. Disclose your 

policy in the annual security report.

Issue a warning whenever there is a threat 

that a crime is ongoing or may be repeated. 

Keep a crime log that records, by date 

reported, all crimes reported to the campus 

police or security department.a

Update your log within two business days of 

the crime report. Make the log available to 

the public during business hours. 

Keep a fire log that records by date 

reported, all fires in on-campus student 

housing facilities.b

Update your log within two business days of 

the fire report. Make the log available to the 

public during business hours. 

Collect crime reports from campus 

security authorities within the institution.

Identify campus security authorities at the 

beginning of the calendar year and collect 

crime reports on an ongoing basis. 

Compliance with 

the HEA’s

campus safetyand securityrelated 

requirements is 

not a once-a-year 

event.
Chapter 1. Introduction: An Overview of Campus Security 

1-10 The Handbook for Campus Safety and Security Reporting

Table 1. Components of Higher Education Act compliance regarding campus 

safety and security reporting: Basic requirements and time frames—

Continued

What to Do When to Do It 

Request crime statistics from local law 

enforcement in the jurisdictions where the 

institution is located.

Make a request annually, ideally at the 

beginning of the calendar year.

Submit crime and fire statistics to the 

Department via a Web-based data 

collection.b

Submit statistics each fall, by the dates 

provided by the Department in a letter to 

your institution sent each year in July. 

Have procedures for institutional 

disciplinary action in cases of dating 

violence, domestic violence, sexual assault 

and stalking. Disclose your policy and 

procedures in the annual security report.

Follow required procedures whenever a 

student or employee chooses to pursue 

institutional disciplinary action for alleged 

dating violence, domestic violence, sexual 

assault or stalking. Ensure prompt 

proceedings.

Have missing student notification 

procedures to aid in determining if a 

student is missing and in notifying law 

enforcement personnel. Disclose your policy 

and procedures in the annual security 

report.b

Follow required procedures whenever a 

student is determined to have been missing 

for 24 hours. Offer students the opportunity 

to register a contact annually. 

Publish an annual security report 

containing campus security policy 

disclosures and statistics for the previous 

three years.

Publish and distribute your report or provide 

a notice of its availability annually by Oct. 1.

Publish an annual fire safety report

containing policy disclosures and fire 

statistics for on-campus student housing 

facilities for the previous three years.b

Publish and distribute your report or provide 

a notice of its availability annually by Oct. 1. 

a

The crime log is mandatory for all institutions that maintain a campus police or security department.

b

The fire log, annual fire safety report, disclosure of fire statistics and missing student notification procedures are mandatory for any 

institution that has an on-campus student housing facility.
Chapter 1. Introduction: An Overview of Campus Security

The Handbook for Campus Safety and Security Reporting 1-11 

Getting Additional Help 

For questions that are not answered by this handbook, 

assistance is available by e-mailing 

HandbookQuestions@ed.gov. 

Please include the following information and we will 

respond as soon as possible: 

• Your name and title; 

• The name of your school; and

• A detailed description of the assistance you need. 

Before Moving On ...

Now that we have introduced you to the basics of HEA

compliance, you need to be aware of the consequences of 

noncompliance. In addition to providing guidance on the 

implementation of regulations, and collecting and 

disseminating crime and fire data to Congress and the public, 

the U.S. Department of Education is also responsible for 

monitoring compliance. 

The Department can issue civil fines of up to $35,000 

per violation for a substantial misrepresentation of the 

number, location or nature of the crimes required to be reported 

or for a violation of any other provision of the safety- and 

security-related HEA regulations. Final Program Review 

Determination Reports are public records. Note that the HEA

includes a whistle-blower protection provision making it 

clear that nothing in the law shall be construed to permit a 

school to take retaliatory action against anyone with respect to 

the implementation of the Clery Act and the other HEA safetyand security-related requirements in the HEA and the 

Department’s regulations. 

Again, Chapter 2 presents a detailed look at Clery Act

geography, what it is and why it’s the cornerstone of safetyand security-related reporting. We strongly urge you to read it 

prior to reading the remaining handbook chapters, even if you 

are a reporting veteran.
This page intentionally left blank.
The Handbook for Campus Safety and Security Reporting 2-1 

Geography:

Location, Location, Location

CHAPTER 2

Geographic breakdown 

citation

34 CFR 668.46(c)(4)

The Clery Act requires institutions to disclose statistics for 

reported crimes based on 

• where the crimes occurred, 

• to whom the crimes were reported, 

• the types of crimes that were reported, and 

• the year in which the crimes were reported. 

This chapter identifies and breaks down the physical 

parameters of reporting and explains how to apply these 

parameters to institutions of different sizes and in different 

settings.

You must disclose statistics for reported Clery Act crimes

that occur (1) on campus, (2) on public property within or 

immediately adjacent to the campus, and (3) in or on 

noncampus buildings or property that your institution owns or 

controls. The definitions for these geographic categories are 

Clery Act-specific and are the same for every institution 

regardless of its physical size or configuration. It doesn’t 

matter whether your campus consists of leased space in a strip 

mall, occupies 10 city blocks or consists of a couple of 

buildings on another school’s campus. “Clery Act geography” 

is defined the same way.

Understanding each of these geographic categories as 

defined by the Clery Act is vital to complying with the law. 

You must provide a breakdown of the statistics by category. 

You must disclose, for example, an Aggravated Assault that 

occurred on your campus, or on the public sidewalk in front of 

your campus or in a high school classroom in a nearby city that 

your institution rents for creative writing classes. Remember, 

location is the key here—crimes that don’t occur within your 

Clery Act geography are not included in your Clery Act

statistics, even if your students or employees are involved. As 

you read through the description of each of the three 

categories, it may be helpful to create a list of the buildings and 

The definitions for 

these geographic 

categories are 

Clery Act-specific 

and are the same 

for every 

institution 

regardless of its 

physical size or 

configuration.
Chapter 2. Geography: Location, Location, Location

2-2 The Handbook for Campus Safety and Security Reporting

properties associated with your institution that fit each defined 

area.

How to Identify Your On-campus 

Geography 

On-campus definition 

citation

34 CFR 668.46(a)

Under the Clery Act, the on-campus category includes

the following: 

Any building or property owned or controlled by an 

institution within the same reasonably contiguous 

geographic area and used by the institution in direct 

support of, or in a manner related to, the institution’s 

educational purposes, including residence halls; and 

Any building or property that is within or reasonably 

contiguous to the area identified in paragraph (1) of 

this definition, that is owned by the institution but 

controlled by another person, is frequently used by 

students, and supports institutional purposes (such as 

a food or other retail vendor). 

The first part of this definition states that, for Clery Act

reporting purposes, your campus includes buildings and 

properties that meet all of the following criteria:

• Your institution owns or controls them; 

• They are reasonably contiguous to one another; and 

• They directly support or relate to the institution’s 

educational purposes. 

So what does this mean? 

Controlled by means that your institution (or an 

institution-associated entity as described below) directly or 

indirectly rents, leases or has some other type of written

agreement (including an informal one, such as a letter or an 

e-mail) for use of a building or property, or a portion of a 

building or property. Even if there is no payment involved in 

the transaction, for Clery Act purposes, a written agreement for 

the use of space gives your institution control of that space for 

the time period specified in the agreement. For example, if 

your campus consists of leased space comprising the entire 

third floor of an office building, you are in control of the third 
Chapter 2. Geography: Location, Location, Location

The Handbook for Campus Safety and Security Reporting 2-3 

floor. A reported crime that occurs on the third floor (rooms, 

hallway, restrooms), or in the lobby, stairwell or elevator that 

students must use to access the third floor, is considered to 

have occurred “on campus.” If the agreement gives your 

institution use of the parking lot or specific spaces in the lot, 

the parking lot or the specified section of the lot is also part of 

your on-campus geography. To emphasize: Your control 

extends as far as the space specified in your written agreement 

along with any area your students and employees have to use to 

access that space. So, if you lease the third floor of the building 

and a crime occurs on an elevator in the building during the 

period of time covered by your lease, you must include that 

crime in your Clery Act statistics. 

Note that for the purposes of the Clery Act, if you have 

an institution-associated foundation, holding company, 

subsidiary, alumni association, athletic booster club, or any 

other institution-associated entity that owns or controls a 

building or property that is operated in support of, or in relation 

to, your institution’s educational purposes, your institution is 

considered to be in control of that building or property. State 

ownership of a building or property used in support of, or in 

relation to, the educational purposes of a state school also 

establishes institutional control of that building or property. 

Institution-associated hospitals and/or medical 

centers that are controlled by your institution and reasonably 

contiguous with your campus should be included as part of 

your campus. Beyond formal legal arrangements, other factors 

that are considered in determining whether, for Clery Act

purposes, the institution controls a hospital or medical center 

include overlapping faculty/doctors, overlapping boards of 

directors or officers, use of the hospital or medical center as 

part of the institution’s educational program, geographic 

proximity, an ongoing relationship between the institution and 

the hospital, and whether students consider the hospital or 

medical center to be part of the campus. 

Reasonably contiguous refers to a building or property 

your institution owns or controls that’s in a location that you 

and your students consider to be, and treat as, part of your 

campus. An example might be a house two blocks from 

campus that’s owned by your institution and which is used as 

an art studio for your students. Generally speaking, it is 

reasonable to consider locations within one mile of your 

campus border to be reasonably contiguous with your campus. 

However, this determination must be made on a case by case 
Chapter 2. Geography: Location, Location, Location

2-4 The Handbook for Campus Safety and Security Reporting

basis by taking into consideration the circumstances of the 

campus and the location. A location that is within one mile of 

campus but separated from campus by a river or a six-lane 

highway might not be considered contiguous unless a 

pedestrian bridge or tunnel connects the two sides. If you 

exclude from the definition of campus for Clery Act purposes a 

building or property your institution owns or controls that is 

within one mile of your campus you must be able to explain 

your basis for this decision. 

Directly support, or relate to, the institution’s 

educational purposes refers to the function of the building or 

property. For example, the dorms on your campus that house 

your students support the school’s educational purposes. 

However, a high school that is located on your campus, but is 

otherwise not associated with your institution and is not used 

by your students or employees for any reason, does not. On the 

other hand, if the high school is used by your students and 

employees as part of your institution’s educational program it 

would be part of your campus. 

The second part of the on-campus definition requires you 

to include buildings and properties within your campus, or 

reasonably contiguous to it that meet all three of the following 

criteria: 

• Your institution owns but does not control them; 

• They are frequently used by your students; and 

• They are used to support the institution’s educational 

purposes. 

Examples are a bookstore or a fast-food restaurant that 

leases space in your student center. Remember that these 

entities are considered to be part of your “on-campus” 

geography because you own the building, your students 

frequently use the space, and it supports your institution. Joe’s 

Fried Chicken Emporium across the street from your student 

center would not be included in your on-campus geography 

even though many of your students eat there daily, if your 

institution does not own or control it.
Chapter 2. Geography: Location, Location, Location

The Handbook for Campus Safety and Security Reporting 2-5 

Other On-campus Considerations 

Listed below are examples of how to apply the “oncampus” parameters to nontraditional campuses and multiple 

campuses.

• Institutions that share a campus: If your institution 

shares a campus with another Title IV institution, 

both institutions must include in their separate Clery 

Act statistics all of the Clery Act crimes that occur 

anywhere on the campus. The reasons for this are 

(1) the Clery Act requires every Title IV institution to 

report statistics and (2) crime statistics are maintained 

on the Department’s public website and are retrieved 

for viewing by entering the name of a specific 

institution. Your statistics must be available to any

interested party who searches the website’s database 

for your institution. 

• Institutions that lease space on another 

institution’s campus: If your institution leases some 

buildings and property on another institution’s 

campus, your campus is determined by the specifics 

of that contract. For example, if you have sole use of 

a dorm, a classroom building, an administration 

building and a parking lot, that is your campus. If 

your contract also allows your students to share a 

dining hall with students from the host institution, 

that dining hall is also included. If the host institution 

also participates in Title IV programs, both schools 

must include the shared dining hall in their oncampus geography. 

• Institutions that offer dual classes and degrees: If 

your institution has a partnership with another 

institution to offer dual classes and degrees and the 

agreement specifies only that your students can 

attend classes at the other institution and that the 

other school’s students can attend classes at your 

school, you do not have to disclose reported Clery 

Act crimes that occur on the other campus because 

you do not own or control it. The other institution 

will need to include any crimes in its statistics even if 

the crimes involve students from your institution. 

• Institutions that lease space in strip malls: Your 

campus consists of any space within the strip mall 
Chapter 2. Geography: Location, Location, Location

2-6 The Handbook for Campus Safety and Security Reporting

that is covered by your written agreement. If the lease 

includes use of the parking lot, or selected spaces in 

the lot, include the lot (or selected spaces) as part of 

your campus. If your students need to use stairwells 

or elevators or hallways to access the space your 

institution controls, include them as part of your 

campus as well. Do not include any of the strip mall’s 

stores, restaurants, offices, etc., in your on-campus 

category unless your institution owns or controls 

them. 

• Institutions located in institution-owned strip 

malls: Your campus consists of any space within the 

strip mall that is used for the institution’s educational 

purposes. Do not include any of the strip mall’s 

stores, restaurants, offices, etc., in your on-campus 

category if your institution leases that space to 

private individuals and businesses, and the space isn’t 

used for your institution’s educational purposes.

Institutions With More Than One Campus 

If your institution has more than one campus, each 

campus must comply independently with all of the Clery Act

and the fire- and safety-related HEA requirements described in 

this handbook, including publishing its own annual security 

report as discussed in Chapter 9 (or your institution may 

publish and distribute to students and employees a single 

annual security report as long as it clearly differentiates each 

campus’s policies and statistics). For the purpose of these 

requirements, consider an additional location a separate 

campus if it meets all of the following criteria:

• Your institution owns or controls the site; 

• It is not reasonably geographically contiguous with 

the main campus;

• It has an organized program of study; and 

• There is at least one person on site acting in an 

administrative capacity. 

An organized program of study means that the location 

offers courses in educational programs leading to a degree, 

certificate, or other recognized credential.

If your institution 

has more than 

one campus, each 

campus must 

comply 

independently 

with all of the 

Clery Act and the 

fire- and safetyrelated HEA

requirements 

described in this 

handbook. 
Chapter 2. Geography: Location, Location, Location

The Handbook for Campus Safety and Security Reporting 2-7 

Administrative personnel encompass a variety of 

individuals who may have some responsibility for the activities 

that take place at the location; administrative personnel 

include, for example, a director, a building coordinator, a 

registrar or a secretary. It is not necessary for administrative 

personnel to be on site at all times for the location to qualify as 

a separate campus; the location might share a rotating 

administrator who is scheduled to be on site once a week. If 

your institution owns or controls noncontiguous academic 

locations where students take a course or two and there are no 

administrative personnel on site, those are not separate 

campuses. For Clery Act reporting purposes, they are 

noncampus locations and they are discussed later in this 

chapter under “How to Identify Your Noncampus Buildings or 

Property.” 

Examples of separate campuses 

Branch campus definition

citation

34 CFR 600.2

• Branch: A branch campus is always a separate 

campus. Branch campus is a specific Department 

designation. It is defined as a location of an 

institution that is geographically apart and 

independent of the main campus of the institution. A 

location of an institution is considered independent of 

the main campus if the location is permanent in 

nature, offers courses in educational programs 

leading to a degree or other recognized educational 

credential, has its own faculty and administrative or 

supervisory organization, and has its own budgetary 

and hiring authority. 

• School: A school is a division of an institution that is 

organized to give instruction of a defined type, such 

as a school of business, law, medicine or nursing. A 

school may be, but is not always, a separate campus. 

For example, if your institution has a school of law 

that is reasonably geographically contiguous with the 

main campus, include it as part of your main campus. 

If the school of law has an organized program of 

study and administrative personnel on-site, and is not 

reasonably contiguous to the main campus, treat it as 

a separate campus. Note that if you have a beauty 

school or technology school, etc., with multiple 

locations that each function as a main campus, each 

campus must comply independently with the Clery 

Act’s requirements.
Chapter 2. Geography: Location, Location, Location

2-8 The Handbook for Campus Safety and Security Reporting

• Other locations: Other institution-owned or 

-controlled locations may include satellite, extension 

or similar types of noncontiguous sites that have an 

organized program of study and administrative 

personnel on-site. For example:

– Research campuses: If your institution owns a 

farm, agricultural or horticultural center, or 

other noncontiguous research facility that has 

an administrator on-site and that is used by 

students for recurring classes, recurring field 

trips, internships, student jobs or other 

regularly scheduled use, it should be considered 

a separate campus. If student attendance at 

these locations is determined by individual 

research needs and there is no regularly 

scheduled use of the facility by students 

(i.e., student use is sporadic), it is not a separate 

campus. 

– Athletic campuses or complexes: If your 

institution owns a noncontiguous athletic 

complex that has administrators on site and 

houses classrooms used for courses that are part 

of an organized program of study (for example, 

the complex includes one or more large 

auditorium-style classrooms to be used by large 

courses in any department, or houses one or 

more regular classrooms used for courses 

towards a golf course management degree), the 

athletic complex is a separate campus. 

• Foreign locations: A foreign location that a U.S. 

institution owns or controls that has an organized 

program of study and administrative personnel onsite is a separate campus. 

• Military bases: If your institution has a written 

agreement giving it use of a defined space within the 

base, and the location otherwise meets the definition 

of a campus, it’s a separate campus. If your school 

simply sends instructors to the base, it’s not a 

separate campus. 
Chapter 2. Geography: Location, Location, Location

The Handbook for Campus Safety and Security Reporting 2-9 

On-campus Subset: On-campus Student Housing 

Facilities 

Crimes by location citation

34 CFR 668.46(c)(4)(ii)

Under the Clery Act, an institution that has on-campus 

student housing facilities must separately disclose two sets of 

on-campus statistics:

• The total number of crimes that occurred on campus, 

including crimes that occurred in student housing 

facilities; and

• The number of crimes that occurred in on-campus 

student housing facilities as a subset of the total.

Definition of an On-campus Student Housing Facility

On-campus student housing 

facility definition citation

34 CFR 668.41(a) 

For purposes of the Clery Act (as well as the HEA

missing student notification and fire safety regulations, which 

are discussed in Chapters 10 and 11–14, respectively), any 

student housing facility that is owned or controlled by the 

institution, or is located on property that is owned or 

controlled by the institution, and is within the reasonably 

contiguous geographic area that makes up the campus is 

considered an on-campus student housing facility. 

This definition includes the following types of housing: 

• Undergraduate, graduate and married student 

housing. 

• Single family houses that are used for student 

housing. 

• Summer school student housing. 

• Buildings that are used for student housing but also 

have faculty, staff or other individuals living there. 

(Do not include faculty-only housing in this category. 

Institution-owned or controlled faculty-only housing 

that is located on the campus belongs only in the 

“on-campus” category.)

• Buildings that are owned by a third party that has a 

written agreement with your institution to provide 

student housing. It doesn’t matter whether the rent is 

paid to the third party by the institution on behalf of 

the students or paid directly by the students. These 
Chapter 2. Geography: Location, Location, Location

2-10 The Handbook for Campus Safety and Security Reporting

locations could include buildings that are used 

exclusively for student housing, or hotels or 

apartment buildings in which a sub-set of the 

available units have been leased for student housing. 

In multi-use buildings that are reasonably contiguous 

with the campus, the portion of the building leased 

for student housing, as well as common areas and 

areas used to access the student housing, should be 

counted as an on-campus student housing facility. 

Include any unoccupied apartments that are 

specifically reserved for student housing. You do not 

have to include the apartments, rooms or floors of the 

building that are not reserved for student housing or 

apartments, or rooms or floors of the building that are 

reserved for faculty or staff.

• Housing for officially and not officially recognized 

student groups, including fraternity or sorority 

houses, that are owned or controlled by your 

institution or are located on property that your 

institution owns or controls. 

• Parking facilities and dining halls that are physically 

attached to and accessed directly from student 

housing facilities must be included as part of the oncampus student housing facility. 

Note that it doesn’t matter whether the housing falls 

under the management of a residential life or similar office, 

your real estate office or another office. Be sure to include any 

facility that meets the definition of an “on-campus student 

housing facility.” 

If your institution shares an on-campus student 

housing facility with another Title IV institution, both 

institutions are considered to be in control of that facility and 

both institutions must include it when complying with the 

campus safety and security regulations.

Before Moving On ...

Properly defining what’s “on campus” is vital—not just 

for disclosing on-campus crime statistics, but also for 

accurately identifying another category of Clery Act

geography: public property. If you can’t determine the 

boundaries of your campus under the Clery Act, you will not be 

able to properly identify your campus’ public property. 

Properly defining 

what’s “on 

campus” is vital—

not just for 

disclosing oncampus crime 

statistics, but also 

for accurately 

identifying another 

category of Clery 

Act geography: 

public property.
Chapter 2. Geography: Location, Location, Location

The Handbook for Campus Safety and Security Reporting 2-11 

How to Identify Your Public Property 

Public property definition 

citation

34 CFR 668.46(a) 

Under the Clery Act, public property encompasses the 

following: 

All public property, including thoroughfares, 

streets, sidewalks, and parking facilities, that is 

within the campus, or immediately adjacent to and 

accessible from the campus.

Public property refers to property owned by a public 

entity, such as a city or state government. An example of 

public property is a parking lot with a sign that reads, “City of 

Rockville Public Parking.” A parking lot with a sign that reads, 

“Joe’s 24-Hour Parking” is not public property despite the fact 

that the public can park there. 

No matter where your campus is located, your Clery Act

public property category consists solely of two limited areas. 

The first is public property within your campus. An 

example is a public road or public bike path that runs through 

the campus. You must report statistics for crimes that occur on 

the section of the road or bike path that touches your campus. 

A private road or private driveway running through your 

campus is not public property. A public or municipal parking 

lot that bisects your campus is part of your public property. A 

privately owned parking lot that bisects your campus is not. 

However, regardless of whether the parking lot is publicly or 

privately owned, if your institution has a written agreement 

giving it use of the parking lot, include the lot in your oncampus geography, not your public property geography. 

The second area is public property that immediately 

borders and is accessible from the campus. In many cases this 

property consists of a public sidewalk that borders the campus, 

the public street along the sidewalk and the public sidewalk on 

the other side of the street (i.e., sidewalk, street, sidewalk). 

Again, only the portions of the sidewalk, street and sidewalk 

that are adjacent to your campus are included in your public 

property. If you have an urban campus that comprises 100 

buildings that have public sidewalks and public streets 

separating them, the same rules apply. You must identify the 

public property associated with each of these campus 

buildings, generally: sidewalk, street, sidewalk. 

No matter where 

your campus is 

located, your Clery 

Act public property 

category consists 

solely of two 

limited areas. 
Chapter 2. Geography: Location, Location, Location

2-12 The Handbook for Campus Safety and Security Reporting

So how do you determine whether the public property 

immediately adjacent to your campus is accessible? Look for 

one of two conditions to be present: 

• There is no barrier of any kind between your campus 

border and public property. For example, you can 

step off your campus directly onto a public sidewalk. 

• A standard of use has been established by your 

students. This means that although some type of 

barrier is present, your students frequently ignore, 

overcome or even use it, to gain access to public 

property. Some examples are:

– A wall that students frequently climb over. 

– A fence that students frequently climb over, 

under or through. This includes a fence with a 

hole in it that students frequently crawl 

through. 

– A fence with a missing or broken gate that 

students frequently walk or drive through. 

Other Public Property Considerations

• Sidewalk, street, sidewalk: Your public property 

does not include anything beyond the second 

sidewalk. (If there isn’t a second sidewalk, it doesn’t 

include anything beyond the street.) 
Chapter 2. Geography: Location, Location, Location

The Handbook for Campus Safety and Security Reporting 2-13 

Figure 1. Example of public property: sidewalk, street, sidewalk. In this illustration, the 

college’s public property consists of the public sidewalk, street, and opposite sidewalk along 

all four borders of the campus. Nothing beyond the second sidewalk is included in the 

college’s public property. 

• Private homes and businesses are not included:

Public property does not include any businesses or 

any private homes (i.e., businesses or homes not 

owned or controlled by your institution) even if they 

immediately border your campus. This means that 

your public property does not include Joe’s Coffee 

House even if it’s located right next to your campus 

and many of your students hang out there every day. 

Nor does it include a privately owned house next to 

your campus that some of your students rent. 

• Public Parking: If there is a public or municipal 

parking facility or lot bordering your campus, it is 

part of your public property. If the parking facility or 

lot that borders your campus is owned by an 

individual or a business, it is not. Your public 

property does not include a public parking facility or 

lot on the other side of the street across from your 

campus. 
Chapter 2. Geography: Location, Location, Location

2-14 The Handbook for Campus Safety and Security Reporting

Figure 2. Example of public property: parking lot. In this illustration, Public Parking Lot 

A is included in the college’s public property category because it’s immediately adjacent to 

and accessible from the campus. Public Parking Lot B is not included in the college’s public 

property category because it’s not immediately adjacent to the campus. A sidewalk, street 

and sidewalk separate it from the campus. 

• Public property associated with campuses in malls 

or office buildings: 

– If your campus is within a mall or office 

building and you step outside onto a public 

sidewalk, include the sidewalk in your public 

property. 

– If your agreement includes use of the mall or 

office building parking lot, the lot is part of 

your on-campus geography because under the 

Clery Act, the contract is treated as giving you

control of the lot. If there is a public street 

running adjacent to the parking lot, that’s your 

public property. 

– If your agreement does not include use of the 

parking lot owned by the mall or office 

building, do not include the parking lot in your 

on-campus or your public property category. It 

is a private parking lot.

– If there is a public parking lot bordering the 

mall or office building (i.e., a parking lot 
Chapter 2. Geography: Location, Location, Location

The Handbook for Campus Safety and Security Reporting 2-15 

owned by a public entity), include it in your 

public property. If you lease a section of the lot, 

you are in control of that section and that 

section is part of your on-campus geography. If 

your lease allows you to park anywhere in the 

lot along with all of the other tenants, include 

the entire lot in your on-campus geography. 

• Public parks: If there is a public park or similar type 

of public area immediately adjacent to your campus, 

we recommend that you extend the reporting area one 

mile into the portion of the property that borders your 

campus. We consider this to be a reasonable walking 

distance from the campus. However, if the portion of 

the park adjacent to your campus is fenced in or 

otherwise inaccessible from your campus, it is not 

your public property. If the park is gated on the 

portion that borders your campus, and the gate is 

open at specific times, the park is your public 

property at the times it is accessible from your 

campus. If the public park is on the opposite side of 

the street from your campus, do not include it in your 

public property category. 

• Public waterways: If the public property that is 

immediately adjacent to your campus is a public 

waterway, it should be treated the same as a park. We 

suggest that you extend the reporting area one mile 

into the area of the river, lake, ocean, etc., that 

borders your campus. However, if the portion of the 

waterway adjacent to your campus is inaccessible

from your campus, it is not your public property. If 

the waterway is accessible at specific times, it is your 

public property at the times it is accessible from your 

campus.

• Public transit stops: A public transit stop 

(e.g., subway or metro station, trolley or bus stop) 

located on your campus or immediately adjacent to 

your campus is included in your public property 

category up to the point at which a rider is required to 

pay a fare. For a subway or metro station, your public 

property would end at the fare gates. For a trolley or 

bus stop, it would end when someone gets on the 

vehicle. Apply this guidance to all other types of 

transit stops as well. (If your institution has a campus 

police or security department whose patrol 
Chapter 2. Geography: Location, Location, Location

2-16 The Handbook for Campus Safety and Security Reporting

jurisdiction extends beyond the point where a fare is 

required, crimes reported there would be included in 

your daily crime log. An example is campus police 

who patrol the waiting platform of a commuter train 

station. More about the crime log in Chapter 5.)

• Public buildings: Buildings or property belonging to 

a public college or university are not considered 

public property under the Clery Act. Nor are 

buildings that are open to the public in private 

institutions. 

Do not include the inside of a public building such as 

a public high school or public library in your public 

property category. 

Some state institutions have charters specifying that 

state-owned roads running through the campus are 

under the control of the campus. Such roads are oncampus roads, not public property. 

• Institutions that share a campus: If you share an 

entire campus with another Title IV institution, both 

institutions have the same public property. 

• No public property: It’s possible that your campus 

does not have any public property. Some examples 

are: 

– An institution that is located on, and 

completely surrounded by, the campus of 

another institution. If you cannot step out of 

one of the buildings you control without 

stepping onto property owned or controlled by 

the other institution, you don’t have any public 

property. 

– All property within your campus boundaries is 

owned or controlled by your institution and 

there are no public streets, sidewalks, 

thoroughfares or parking facilities immediately 

adjacent to your campus. 

– An institution that is located in a mall or office 

building if the parking lot and streets 

surrounding the building are privately owned 

by an individual or business. 
Chapter 2. Geography: Location, Location, Location

The Handbook for Campus Safety and Security Reporting 2-17 

– A campus entirely surrounded by a gated fence 

that restricts access (e.g., it is opened only by a 

guard or some type of pass). However, if the 

gate remains open for a specific period of time, 

and the gate opens onto a public road, the 

portion of the road along the gated side of the 

campus is public property during the times the 

gate is open. (Do not limit this public property 

to the area immediately in front of the gate.)

Figure 3. Example of public property: gated fence. In this illustration, the college is 

bordered by a fence on all sides. When the gate is open, the college’s public property consists 

of the public sidewalk, street and opposite sidewalk that border the gated side of the campus. 
Chapter 2. Geography: Location, Location, Location

2-18 The Handbook for Campus Safety and Security Reporting

Before Moving On ...

It is important that all Title IV institutions use the same 

geographic parameters when disclosing statistics in the annual 

security report and reporting those statistics to the Department. 

However, we are aware that some institutions want to report 

statistics for public property that is near their campus but 

outside the public property definition for Clery Act purposes. In 

those cases, the institution may include statistics for those areas 

in a caveat or table that is clearly separate from the official 

Clery Act statistics. 

How to Identify Your Noncampus 

Buildings or Property 

Noncampus definition

citation

34 CFR 668.46(a)

Does your institution own or control any buildings or 

property located off campus, in another city or even in another 

country? Does it have any officially recognized student 

organizations? If so, you may have what the Clery Act refers to 

as “noncampus buildings or property.” 

The noncampus category encompasses two distinct types 

of buildings and property: those owned or controlled by 

officially recognized (or registered) student organizations, and 

those located off campus but owned or controlled by your 

institution. The Clery Act definition of noncampus buildings 

or property is:

Any building or property owned or controlled by a 

student organization that is officially recognized by the 

institution; or

any building or property owned or controlled by an 

institution that is used in direct support of, or in relation 

to, the institution’s educational purposes, is frequently 

used by students, and is not within the same reasonably 

contiguous geographic area of the institution. 

The first part of the definition applies to any building or 

property that is owned or controlled by a student organization 

if the organization is officially recognized by or registered with 

your institution. If it’s owned or controlled by the student 

organization, it’s considered noncampus under the Clery Act. 

There is one exception to this rule. If a fraternity or sorority 

house is located within the confines of the campus on land that 

is owned by the institution, the building is considered to be “on 
Chapter 2. Geography: Location, Location, Location

The Handbook for Campus Safety and Security Reporting 2-19 

campus” even if the building is owned or controlled by the 

fraternity or sorority. 

The second part of the definition applies to additional 

locations that are associated with the campus but are not 

separate campuses. For example, you might lease a municipal 

athletic field for your team’s home soccer games or you might 

rent classroom space in a local high school two nights a week 

to hold creative writing classes for your students. Perhaps your 

institution owns an apartment building a few miles from the 

campus that you use for student housing. These locations are 

examples of what the Clery Act calls noncampus buildings and 

properties, and because your institution owns or controls them, 

you must disclose statistics for reported crimes that occur there. 

These are some of the more common types of noncampus 

locations, but you should include any location (except a 

separate campus) that 

• is owned or controlled by the institution; 

• supports or is used for the institution’s educational 

purposes; 

• is frequently used by students; and 

• is not considered part of the core campus.

Because an institution may rent, lease or otherwise 

control a location for varying amounts of time, we suggest that 

you give someone at your institution responsibility for 

monitoring the status of all buildings and properties for which 

you have a written agreement to use. If your institution rents a 

classroom location only for a semester, the following semester 

that location would no longer be included in your noncampus 

category. If you rent a location for classes, but later use the 

same rented location only as offices for your payroll personnel, 

and it is no longer frequently used by students, it would cease 

to be a noncampus location. Regardless of the time period 

involved (e.g., a month, a semester or an entire calendar year), 

you must disclose Clery Act statistics for the days and times 

that your institution owns or controls any buildings or property 

that meet the noncampus definition.
Chapter 2. Geography: Location, Location, Location

2-20 The Handbook for Campus Safety and Security Reporting

Other Noncampus Considerations 

• Noncampus locations do not have a public 

property reporting requirement: Although you 

must disclose Clery Act statistics for public property 

that is within or immediately adjacent to and 

accessible from your campus, you are not required to 

do so for public property within or adjacent to 

noncampus buildings or property. 

• There is a difference between owning and 

controlling a noncampus building or property: If 

your institution owns a noncampus building or 

property you must disclose statistics for crimes that 

occur there at any time. If you do not own the 

location, under the Clery Act you have to disclose 

statistics only for crimes that occur when your 

institution has control of the space, that is, for the 

dates and times specified in your lease, rental or other 

agreement. Additionally, if your agreement is for a 

section of a building or property, for example the 

third floor of an office building, you have to disclose 

statistics only for the third floor, plus any other areas 

of the building that your students or employees must 

use to access the contracted space. So, suppose you 

have an agreement for the third floor of a building for 

Sept. 1 through Nov. 30, Monday through Thursday, 

7 a.m. to 12 p.m. You must include statistics for 

Clery Act crimes that occur Sept. 1 through Nov. 30, 

Monday through Thursday, 7 a.m. to 12 p.m. on the 

third floor, the stairwell and elevators, the main lobby 

if it’s used to access the stairwell and elevators, etc. 

If your contract includes the use of the parking lot, 

include any crimes that occur in the lot. Note that if 

your agreement specifies 7 a.m. to 12 p.m., you must 

disclose statistics for that time period even if your 

students and employees occupy the space only for 

part of that time, for example, from 8 to 11:30 a.m. 

• Limits of control: Suppose your institution rents one 

half of a building—for example, a public high 

school—for specific days and times in order to offer 

some classes but not an organized program of study. 

The rented section of the high school falls under the 

noncampus category for the dates and times it is 

rented, regardless of whether the institution rents it 

once or more than once. One night while one of your 

Noncampus 

locations do not 

have a public 

property reporting 

requirement.
Chapter 2. Geography: Location, Location, Location

The Handbook for Campus Safety and Security Reporting 2-21 

classes is in session, a criminal incident occurs in the 

part of the building not leased by your institution. 

You are not required to include this crime in your 

statistics because your institution doesn’t have 

control over the part of the building you don’t lease. 

This is true even if the crime involved one of your 

students. 

• Space versus program agreements: Perhaps your 

institution sends students to an off-campus site for 

internships, externships, clinical training or student 

teaching. If you own or control the site or any space 

within the site, include the site or the specified space 

in your noncampus category. If you do not own or 

control the space, don’t include it. If you have an 

agreement, even a written agreement, to send your 

students to a location for one of the aforementioned 

reasons, but that written agreement is for the 

program rather than for use of the physical space, 

you do not have control of the location and do not 

have to include statistics for crimes that occur there. 

For example, if you have a written agreement to send 

students to a privately owned hospital for clinical 

training, but you don’t have a written agreement for 

use of the hospital or any space within the hospital, 

you do not have to include statistics for crimes that 

occur there. However, if you rent classroom space for 

your students within the same hospital, you are 

required to include crime statistics for that space, as 

well as for any other areas, such as a lobby or 

hallways and elevators used to access that space for 

the period of time specified in the agreement. 

• Corporate offices: Include corporate offices that are 

owned or controlled by your institution and are not 

reasonably contiguous to your campus in the 

noncampus category if they are frequented by your 

students for any reason, including student jobs or 

internships. 

• Prisons: If your institution sends faculty to a prison 

to teach, do not include the prison in your Clery Act

statistics as you do not own or control it. 

• Military bases: If you have a written agreement,

such as a memorandum of understanding, giving you 

control over some part of a military base, include the 
Chapter 2. Geography: Location, Location, Location

2-22 The Handbook for Campus Safety and Security Reporting

space in your noncampus category. Include statistics 

for crimes that occur in that space for the days and 

times specified in the agreement. If you simply send 

faculty to a military base, but do not have a written 

agreement with the base giving you control of any 

space there, do not include the base in your 

noncampus geography. 

• Research boats/ships/vans or other mobile 

classrooms: If your institution owns or controls 

mobile classrooms that carry students for educational 

purposes, you must include Clery Act crimes that 

occur in or on those classrooms in your statistics. If 

the mobile classroom meets the criteria for a separate 

campus for any part of a calendar year, it should be 

considered a separate campus for Clery Act purposes 

for that full year.

• Institutions with shared campuses: If your 

institution shares a campus with another institution 

that has noncampus buildings or property, you are not 

required to including crime statistics for those 

noncampus buildings or properties unless you have a 

written agreement to use them as well. 

• A noncampus location that becomes a separate 

campus: It’s possible for a location to be noncampus 

for a period of time and then become a separate 

campus. For example, suppose your institution rents a 

few rooms in a building where your students take one 

or two writing classes. This is a noncampus location. 

A year and a half later it’s become a very popular 

location and you decide to rent additional space there 

and offer a certificate program in technical writing. 

You hire a program director and administrative 

assistant to work there. Now the location offers an 

organized program of study and has administrative 

personnel on-site. It’s a separate campus and must 

comply with all of the applicable requirements under 

the HEA. If the situation changes and the location is 

once again used only for a class or two, it reverts 

back to being a noncampus location. If a location 

meets the criteria for a separate campus at any point 

during a calendar year, it should be treated as a 

separate campus for that full year. 
Chapter 2. Geography: Location, Location, Location

The Handbook for Campus Safety and Security Reporting 2-23 

Off-Campus Student Housing Considerations 

• Third-party contracts: If there is an apartment 

building across town from your campus that’s owned 

by a third party that has a written agreement with 

your institution to provide student housing, it is a 

noncampus location. Some examples of this type of 

arrangement are a hotel, apartment building or 

student housing facility on another campus used for 

overflow housing. The hotel rooms, apartments or 

housing facilities and associated common areas 

specified in your written agreement are considered 

noncampus property. It doesn’t matter whether the 

rent is paid to the third party by your institution on 

behalf of the students or paid directly by the students. 

If multiple institutions contract with the apartment 

building owner to provide student housing, you still 

must report crime statistics for the property based on 

the details of your agreement. This means that if your 

agreement is limited to apartments on the north wing 

of the first floor, include statistics for the apartments 

on that wing plus any common areas, such as the 

laundry room and the lobby, and the hallway used to 

access the apartments. If your agreement doesn’t 

specify which apartments are reserved for use by 

your institution’s students, you must include statistics 

for the entire building except for the interior of the 

apartments that are used by another school’s students. 

• Institution-owned apartments and management 

companies: If your school owns an off-campus 

apartment building and puts a management company 

or a leasing agent in charge, but doesn’t use the 

building for student housing or direct students to live 

there, do not include the building in your noncampus 

category even if some of your students happen to rent 

apartments there. The building doesn’t support the 

institution’s educational purposes. 

• Mixed-use apartment buildings: If your school 

owns or controls an off-campus apartment building 

and reserves certain apartments or floors of 

apartments for student housing, the areas used for 

that housing, as well as common areas and areas used 

to access the student housing, are included in your 

noncampus category. Include any unoccupied 
Chapter 2. Geography: Location, Location, Location

2-24 The Handbook for Campus Safety and Security Reporting

apartments that are specifically reserved for student 

housing. Do not include the apartments or floors of 

apartments that are not reserved for student housing. 

Do not include floors or apartments that are reserved 

for your faculty or staff.

Figure 4. Example of noncampus location: mixed-use apartment building. In this 

illustration, the college leases the second floor of an off-campus apartment building to house 

students. The college must disclose statistics in the noncampus category for crimes reported 

to have occurred on the second floor, the lobby and the stairs and elevator that students use 

to access the second floor.

• Preferred leasing: If you steer students toward 

recommended off-campus housing, but the housing 

is not owned or controlled by your institution 

(e.g., there is no written agreement between the third 

party and your institution to provide student housing, 

no residential life staff are located in the building, the 

building does not follow the institution’s student 

housing policies), you aren’t required to include 

statistics for crimes that occur there. 
Chapter 2. Geography: Location, Location, Location

The Handbook for Campus Safety and Security Reporting 2-25 

Considerations for Trips to Off-Campus 

Locations 

• Field trips: You are not required to include statistics 

for crimes that occur on field trips at locations your 

institution does not own or control. 

• Overnight, school-sponsored trips: If your 

institution sponsors students on an overnight trip, for 

example to see a play, and they rent motel rooms, 

you don’t have to include crimes that occur in those 

rooms in your Clery Act statistics because the motel 

rooms don’t meet the frequently-used-by-students 

criterion. 

• Repeated use of a location for school-sponsored 

trips: If your institution sponsors students on an 

overnight trip every year and the students stay in the 

same hotel each year, you must include portions of 

the hotel in your noncampus geography. For 

example, students in the debate club take a trip to 

Washington, D.C. and stay at the same hotel every 

year. You must include in your statistics any crimes 

that occur in the rooms used by your students and any 

common areas used to access the rooms (lobby, 

elevators, etc.) for the times and dates specified in the 

rental agreement. Note that what matters here is 

repeated use of a location that is owned or controlled 

by the institution, not the number of days it is used or 

whether it is used by the same students or different 

students. 

• Short-stay “away” trips: If your institution sponsors 

short-stay “away” trips of more than one night for its 

students, all locations used by students during the 

trip, controlled by the institution during the trip and 

used to support educational purposes should be 

treated as noncampus property. An example is a 

three-week marine biology study trip to Florida. Any 

classroom or housing space specified in the 

agreement between the institution and a third-party 

providing the space would be noncampus property. If 

your institution has entered into a written agreement 

with a third-party contractor to arrange housing 

and/or classroom space for a school-sponsored trip or 

study program (either domestic or foreign), it is 

assumed that the contractor is operating on behalf of 
Chapter 2. Geography: Location, Location, Location

2-26 The Handbook for Campus Safety and Security Reporting

the school as the school’s agent, putting the 

institution in control of this space. 

However, if your institution (or a contracted third 

party) does not have an agreement for the space used, 

your institution is not in control of the space and you 

are not required to count it. For example, there are 

some situations, such as sports tournaments, for 

which the host institution makes all of the housing 

arrangements for visiting students. In these situations, 

the visiting institutions do not have a written 

agreement for the use of space and are not required to 

disclose crime statistics for the housing in which their 

students are located. However, the host institution 

would be responsible for disclosing crime statistics 

for the housing since they hold the agreement for the 

housing. 

• Study abroad programs: If your institution sends 

students to study abroad at a location or facility that 

you don’t own or control, you don’t have to include 

statistics for crimes that occur in those facilities. 

However, if your institution rents or leases space for 

your students in a hotel or student housing facility, 

you are in control of that space for the time period 

covered by your agreement. Host family situations do 

not normally qualify as noncampus locations unless 

your written agreement with the family gives your 

school some significant control over space in the 

family home.

Use of Maps 

Although the Clery Act does not require institutions to 

provide a map to show their campus and noncampus buildings, 

or property or public property areas, some institutions choose 

to provide one in their annual security report to help the 

campus community better understand where reported crimes 

occurred. A map is also useful if your institution is subject to a 

program review to help identify the buildings and property that 

make up your institution’s Clery Act geography, and to 

pinpoint the patrol jurisdiction of your campus police or 

security personnel, if you have any. If you use a map it must 

present an accurate picture of the geographic locations it 

depicts, and you should update it as necessary. If you have 
Chapter 2. Geography: Location, Location, Location

The Handbook for Campus Safety and Security Reporting 2-27 

several campuses and choose to provide maps, you must have a 

separate map for each campus. 

When in Doubt ...

Remember that keeping track of the buildings and 

properties your institution owns and controls, and what they are 

used for, is an institutional responsibility. If you are still unsure 

how to identify your Clery Act geography or if you have a 

unique situation that isn’t covered here, help is always 

available. Please see “Getting Additional Help” in Chapter 1

(p. 1-11) for information on e-mailing our help desk. 
This page intentionally left blank.
The Handbook for Campus Safety and Security Reporting 3-1 

Crime Statistics:

Classifying and Counting 

Clery Act Crimes 

CHAPTER 3

Consider the following scenarios: 

A student enters three unlocked rooms in an on-campus 

student housing facility and takes several items from two 

of them. 

Campus security breaks up a party in a noncampus 

student housing facility and six students get referred for 

disciplinary action for possession of marijuana. 

A school employee calls the police to report spraypainted racial slurs on the side of an on-campus dining 

hall. 

A student seems to show up at every activity attended by 

his ex-girlfriend and sends her several suggestive emails. 

Are these incidents Clery Act crimes? Must you include 

them in the crime statistics in your annual security report and 

the Web-based data collection? Should you count crimes in 

dorm rooms the same way you count crimes in academic 

offices? What’s the difference between Burglary and Larceny?

This chapter discusses the types of crimes that are 

included in the Clery Act crime statistics reports and the rules 

for classifying and counting them. Throughout the discussion, 

there are examples that illustrate the rules and the exceptions to 

the rules. To read about how to present the statistics in your 

annual security report, see Chapter 9. For step-by-step 

instructions on entering the statistics in the Web-based survey, 

see the users guide located at 

https://surveys.ope.ed.gov/campussafety. 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

3-2 The Handbook for Campus Safety and Security Reporting

The Clery Act requires your institution to include four 

general categories of crime statistics: Reported crime statistics 

citation

34 CFR 668.46(c)

• Criminal Offenses1—Criminal Homicide, including 

Murder and Non-negligent Manslaughter, and 

Manslaughter by Negligence; Sexual Assault,

2

including Rape, Fondling, Incest and Statutory Rape; 

Robbery; Aggravated Assault; Burglary; Motor 

Vehicle Theft; and Arson. 

• Hate Crimes—Any of the above-mentioned 

offenses, and any incidents of Larceny-Theft, Simple 

Assault, Intimidation, or Destruction/Damage/ 

Vandalism of Property that were motivated by bias; 

• VAWA Offenses—Any incidents of Domestic 

Violence, Dating Violence and Stalking. (Note that 

Sexual Assault is also a VAWA Offense but is 

included in the Criminal Offenses category for Clery 

Act reporting purposes); and 

• Arrests and Referrals for Disciplinary Action for 

Weapons—Carrying, Possessing, Etc. Law 

Violations, Drug Abuse Violations and Liquor Law 

Violations. 

Statistics must be disclosed separately for each of these 

four general categories. This means that when an incident 

meets definitions in more than one of these categories, it must 

be reported in each category. For example, any Criminal 

Offense that is also a Hate Crime or VAWA Offense, or results 

in an arrest or disciplinary action for a Weapons, Drug Abuse 

or Liquor Law Violation, should be counted as a Criminal 

Offense and also as a Hate Crime, VAWA Offense, arrest, or 

disciplinary referral, as appropriate. The Hierarchy Rule 

discussed on pages 3-24 and 3-25 applies only when counting 

crimes within the Criminal Offenses category.

Note: Whenever “Clery Act crimes” or “crimes” are 

mentioned in this handbook, all of the categories above are 

included. 

 

1 Also referred to as Primary Crimes.

2 Also referred to as Sex Offenses.
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

The Handbook for Campus Safety and Security Reporting 3-3 

Crime Definitions 

Uniform Crime Reporting 

Program definitions citation

34 CFR 668.46(c)(7)

Under the Clery Act, for the purposes of counting and 

disclosing Criminal Offense, Hate Crime, arrest and 

disciplinary referral statistics you must do so based on 

definitions provided by the Federal Bureau of Investigation’s 

(FBI’s) Uniform Crime Reporting (UCR) Program. The 

definitions for Murder, Rape, Robbery, Aggravated Assault, 

Burglary, Motor Vehicle Theft, Arson, Weapons Carrying, 

Possessing, Etc. Law Violations, Drug Abuse Violations, and 

Liquor Law Violations are from the Summary Reporting System 

(SRS) User Manual from the FBI’s UCR Program. The 

definitions of Fondling, Incest and Statutory Rape are from the 

FBI’s National Incident-Based Reporting System (NIBRS) Data 

Collection Guidelines edition of the UCR. Hate Crimes are 

classified according to the FBI’s Uniform Crime Reporting 

Hate Crime Data Collection Guidelines and Training Manual. 

Note that, although the law states that institutions must use the 

UCR Program definitions, Clery Act crime reporting does not 

have to meet all of the other UCR Program standards. 

Violence Against Women Act 

of 1994 definitions citation

34 CFR 668.46(c)(6)(A)(i) 

For the categories of Domestic Violence, Dating Violence 

and Stalking, the Clery Act specifies that you must use the 

definitions provided by the Violence Against Women Act of 

1994 and repeated in the Department’s Clery Act regulations. 

It is possible that institutions may be asked to code 

incidents using different definitions for purposes other than 

Clery Act reporting. However, for Clery Act purposes, it is 

essential that institutions classify and count reported 

incidents based on the definitions specified by the Clery Act. 

In this chapter, crime definitions appear in italics. Some 

of the text that is provided to help you classify criminal 

incidents is taken directly from FBI materials or federal 

statutes and some has been condensed or paraphrased. Some 

crime examples are taken or adapted from FBI materials, and 

others were created for this handbook based on questions 

schools and practitioners have asked us over the years. 

You must include in your crime statistics the number 

of all reported offenses, without regard to the findings of a 

court, coroner or jury, or the decision of a prosecutor. Classify 

and count crimes from the records of calls for service, 

complaints and investigations. More information on how to 

collect these statistics is found in Chapter 4.

You must include 

in your crime 

statistics the 

number of all 

reported offenses, 

without regard to 

the findings of a 

court, coroner or 

jury, or the 

decision of a 

prosecutor.
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

3-4 The Handbook for Campus Safety and Security Reporting

Types of Criminal Offenses 

1. Criminal Homicide. These offenses are separated into 

two categories: Murder and Non-negligent Manslaughter, and 

Manslaughter by Negligence. 

a) Murder and Non-negligent Manslaughter is 

defined as the willful (non-negligent) killing of one 

human being by another. Count one offense per 

victim.

Include as Murder and Non-negligent Manslaughter: 

Any death caused by injuries received in a fight, 

argument, quarrel, assault or the commission of a 

crime.

Do not include as Murder and Non-negligent 

Manslaughter: 

• Suicides.

• Fetal deaths.

• Traffic fatalities.

• Accidental deaths.

• Assaults with intent to Murder and attempts to 

Murder. (Classify assaults and attempts to Murder as 

Aggravated Assaults.) 

• Situations in which a victim dies of a heart attack as 

the result of a crime, even in instances where an 

individual is known to have a weak heart. 

• Justifiable homicide (which is defined as and limited 

to the killing of a felon by a peace officer in the line 

of duty, or the killing of a felon during the 

commission of a felony, by a private citizen). 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

The Handbook for Campus Safety and Security Reporting 3-5 

Examples of Murder and Non-negligent Manslaughter

Scenario 1: A gunman enters a classroom on campus and kills two students and a faculty 

member before being subdued and arrested. Include three incidents of on-campus Murder 

and Non-negligent Manslaughter in your crime statistics. 

Scenario 2: Two groups of students get into an argument in a campus parking lot. Jim 

punches Joe and causes him to hit his head on a concrete sidewalk, inflicting severe head 

trauma. Two days later, Joe dies. Include one incident of on-campus Murder and Nonnegligent Manslaughter in your crime statistics. 

Scenario 3: A husband and wife have an argument at a married student housing facility 

owned by the institution that is five miles from campus, and the wife shoots and kills her 

husband. Include one incident of noncampus Murder and Non-negligent Manslaughter in 

your crime statistics. Also include one incident of noncampus Domestic Violence. 

(Domestic Violence is discussed on pages 3-37 and 3-38.) 

Scenario 4: A nonstudent is shot and killed during an armed Robbery on a city-owned 

sidewalk in front of a building on campus. Include one incident of public property Murder 

and Non-negligent Manslaughter in your crime statistics. 

Scenario 5: Two students get into an argument at a popular off-campus bar. Bob attacks 

Brad with a broken bottle and Brad pulls out a gun and kills Bob. Do not include this 

incident in your Clery Act statistics because the incident occurred at a private facility off 

campus. 

b) Manslaughter by Negligence is defined as the 

killing of another person through gross negligence.

Count one offense per victim.

Include as Manslaughter by Negligence:

Any death caused by the gross negligence of another. In 

other words, it’s something that a reasonable and prudent 

person would not do. 

Do not include as Manslaughter by Negligence:

• Deaths of persons due to their own negligence. 

• Accidental deaths not resulting from gross 

negligence. 

• Traffic fatalities. 

Remember that the findings of a court, coroner’s inquest, 

etc., do not affect classifying or counting criminal incidents. 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

3-6 The Handbook for Campus Safety and Security Reporting

Example of Manslaughter by Negligence

Scenario: Two students, Jim and Mike, are handling a gun at an on-campus fraternity 

house owned by the institution, and Jim “jokingly” points the gun at Mike. Jim fires the 

gun, and Mike is killed. Jim claims no knowledge of the gun being loaded. Include this as 

one Manslaughter by Negligence in the on-campus category and one Manslaughter by 

Negligence in the on-campus student housing facility category. 

2. Sexual Assault (Sex Offenses). Any sexual act 

directed against another person, without consent of the victim, 

including instances where the victim is incapable of giving 

consent. Include attempted Sexual Assaults, but do not include 

in your Clery Act statistics any Sexual Assaults other than the 

four types of Sexual Assaults described in this chapter. 

a) Rape is 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. This offense 

includes the rape of both males and females. Count 

one offense per victim.

Include the crime as Rape, regardless of the age of 

the victim, if the victim did not consent or if the 

victim was incapable of giving consent. If the victim 

consented, the offender did not force or threaten the 

victim, and the victim was under the statutory age of 

consent, include the crime as Statutory Rape. 

b) Fondling is 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.

Count one offense per victim. Fondling is 

recognized as an element of the other sex offenses. 

Therefore, count Fondling only if it is the only sex 

offense. 

c) Incest is sexual intercourse between persons who are 

related to each other within the degrees wherein 

marriage is prohibited by law. Count one offense 

per victim. 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

The Handbook for Campus Safety and Security Reporting 3-7 

d) Statutory Rape is sexual intercourse with a person 

who is under the statutory age of consent. Count one 

offense per victim. 

The statutory age of consent differs by state and can 

get complicated. For example, in Maryland, the 

statutory age of consent is 16 years of age (which 

means the victim must be under 16); however, 

14- and 15-year-olds may consent if the offender is 

less than four years older than the victim. In Nevada, 

the age of consent is 16; however, sexual intercourse 

with someone who is under 16 years of age is illegal 

only if the defendant is at least 18 years of age (the 

age at which the defendant can be prosecuted). We 

recommend that you consult your state’s statutes to 

determine the statutory age of consent. Remember, if 

force was used or threatened, or the victim was 

incapable of giving consent because of his/her age 

or temporary or permanent mental impairment, 

the offense is Rape, not Statutory Rape. The ability 

of the victim to give consent must be a professional 

determination by a law enforcement agency.

Note that, while the definitions of Sexual Assault 

include lack of consent as an element of the offense, 

for the purposes of including a reported Sexual 

Assault in Clery Act statistics, no determination as to 

whether that element has been met is required. 

Therefore, all Sexual Assaults that are reported to a 

campus security authority must be included in your 

Clery Act statistics and also included in your crime 

log (if you are required to have one), regardless of the 

issue of consent. 

All Sexual 

Assaults that are 

reported to a 

campus security 

authority must be 

included in your 

Clery Act

statistics, 

regardless of the 

issue of consent. 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

3-8 The Handbook for Campus Safety and Security Reporting

Examples of Sexual Assault

Scenario 1: A female student reports that she was raped by an unidentified male while 

jogging along a campus trail. Include this as one on-campus Rape. 

Scenario 2: A female student reports that her ex-boyfriend had sex with her in her campus 

residence hall room while she was unconscious after a night of drinking alcohol. Include 

this as one Rape in the on-campus category and one Rape in the on-campus student housing 

facility category. Also include one incident of Dating Violence in both the on-campus and 

on-campus student housing facility categories (Dating Violence is discussed on pages 3-36 

and 3-37). 

Scenario 3: A male student reports that another male student fondled him in a campus 

building while telling him that he was glad they could finally be alone. Include this as one 

on-campus Fondling. 

Scenario 4: A female student reports to the campus police that she was raped in her car in 

a parking lot on her school’s campus by students from another college. Include this as one 

on-campus Rape. 

Scenario 5: Three female students report that they were each raped by five male students at 

an off-campus fraternity house owned by a recognized fraternity. Each male raped each of 

the female students. Include this as three noncampus Rapes. 

Scenario 6: A female student reports that an unknown male attempted to rape her on a 

city-owned sidewalk outside a classroom building on campus, but that he was frightened 

away by another pedestrian before completing the attack. Include this as one public 

property Rape. 

Scenario 7: A woman is walking on a public sidewalk in front of your campus and a man 

pinches her buttocks as he runs by her. Include this as one public property Fondling only if 

the victim reports that it was sexual in nature.

Scenario 8: A female student reports that she has been raped three times since January by 

someone who lives in the same on-campus student housing facility. All three of the sexual 

assaults occurred in this housing facility. Include this as three Rapes in both the on-campus 

category and on-campus student housing facility category. 

Scenario 9: A 21-year-old student has sex with a 15-year-old juvenile in the student’s oncampus apartment. There is no use of force or threat of force (the statutory age of consent 

is 16). Include this as one Statutory Rape in the on-campus category and one Statutory 

Rape in the on-campus student housing facility category. 

Scenario 10: Campus police respond to a call from the dean reporting that an unknown 

man exposed himself to a group of female students on campus. Do not include this incident 

in your Clery Act statistics as it is not a Clery Act crime. 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

The Handbook for Campus Safety and Security Reporting 3-9 

3. Robbery. Robbery is 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. In any instance of Robbery, count 

one offense for each distinct operation (i.e., incident), 

including attempts. Do not count the number of victims 

robbed, the number of those present at the Robbery or the 

number of offenders. 

Essential Elements of a Robbery:

• Committed in the presence of a victim (usually the 

owner or person having custody of the property). 

• Victim is directly confronted by the perpetrator.

• Victim is threatened with force or put in fear that 

force will be used.

• Involves a Theft or Larceny.

Because some type of assault is an element of Robbery, 

do not report an assault as a separate crime as long as it was 

performed in furtherance of the Robbery. However, if the 

injury results in death, classify the incident as Murder and 

Non-negligent Manslaughter. 

Aids to Classifying Incidents as Robberies

The classification of Robbery includes both armed 

robbery and robberies where only personal weapons are used. 

Armed robbery includes incidents commonly referred to as 

stickups, hijackings, holdups, heists, carjackings, etc. 

Carjacking is a Robbery offense in which a motor vehicle is 

taken through force or threat of force. In such case, following 

the Hierarchy Rule, report only a Robbery, not a Motor 

Vehicle Theft. (The Hierarchy Rule is discussed on pages 

3-24 and 3-25). Robberies in which only personal weapons, 

such as hands, arms, fists, feet and teeth, are used or threatened 

to be used may be referred to as “strong-arms” or “muggings.” 

The UCR considers a weapon to be a commonly known 

weapon (a gun, knife, club, etc.) or any other item that, 

although not usually thought of as a weapon, becomes one in 

the commission of a crime. Robbery also includes crimes 

involving pretend weapons or those in which the weapon is not 

seen by the victim, but the robber claims to possess one. 

Remember, the 

use or threat of 

force is an 

essential element 

of Robbery. 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

3-10 The Handbook for Campus Safety and Security Reporting

Remember, the use or threat of force is an essential 

element of Robbery. For example, pocket-picking or pursesnatching where force is neither used nor threatened is 

Larceny-Theft. However, if force or threat of force is used to 

overcome the active resistance of the victim in a pursesnatching or other such crime, include the offense as Robbery. 

Example of Robbery

Scenario: Two students returning to campus from a night at a local bar are approached by 

three armed men on a city sidewalk outside their residence hall and told to hand over their 

wallets. The students comply, and the three armed men leave without harming the 

students. Include this as one Robbery on public property. 

4. Aggravated Assault. Aggravated Assault is 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. Count 

one offense per victim. However, if a number of persons are 

involved in a dispute or disturbance, and the aggressors cannot 

be distinguished from the victims, count the number of persons 

assaulted as the number of offenses. 

Include as Aggravated Assaults: 

• Assaults or attempts to kill or Murder.

• Poisoning (including the use of date rape drugs). 

• Assault with a dangerous or deadly weapon. 

• Maiming.

• Mayhem.

• Assault with explosives.

• Assault with disease (as in cases when the offender is 

aware that he or she is infected with a deadly disease 

and deliberately attempts to inflict the disease by 

biting, spitting, etc.). 

Count all assaults by one person upon another with the 

intent to kill, maim or inflict severe bodily injury with the use 

of any dangerous weapon. It is not necessary that injury result 

from an Aggravated Assault when a gun, knife or other weapon 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

The Handbook for Campus Safety and Security Reporting 3-11 

that could cause serious personal injury is used. Also count 

attacks using personal weapons, such as hands, arms, feet, fists 

and teeth that result in serious or aggravated injury. In making 

determinations about whether or not an assault that is carried 

out using a body part such as hands and feet is aggravated, the 

institution must consider not only the intent of the attacker but 

also the extent of the injuries. If an attack results in broken 

bones, a loss of consciousness or significant blood loss, or 

requires medical treatment or hospitalization, such as stitches 

or casting (regardless of whether or not the victim accepts such 

assistance), the incident must be classified as an Aggravated 

Assault. 

As stated earlier, the UCR considers a weapon to be a 

commonly known weapon (a gun, knife, club, etc.) or any other 

item that, although not usually thought of as a weapon, 

becomes one in the commission of a crime. For example, if an 

individual intentionally drives a car into another occupied car, 

classify the incident as an Aggravated Assault because,

regardless of the extent of injury sustained by the victim, the 

car was used as a weapon. If the victim dies, however, classify 

the death as Murder and Non-negligent Manslaughter. 

The use of drugs to subdue a victim, such as the use of 

date rape drugs, should be counted as Aggravated Assault 

because it can be assumed that the intent was to inflict 

aggravated bodily harm. However, if the use of the drugs 

results in Rape or Murder within the same incident, follow the 

Hierarchy Rule, and count the more serious offenses. (The 

Hierarchy Rule is discussed on pages 3-24 and 3-25.) 

Be aware that assault cases might be categorized as 

assault and battery, disorderly conduct, domestic violence or 

simple assault by some local jurisdictions, even though a knife, 

gun or other weapon was used in the incident. These should be 

classified as Aggravated Assault for Clery Act reporting 

purposes.
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

3-12 The Handbook for Campus Safety and Security Reporting

Aid for Classifying Assaults 

Carefully consider the following factors in classifying 

assaults:

• The type of weapon used or the use of an object as a 

weapon; 

• The seriousness of the injury; and 

• The intent of the assailant to cause serious injury. 

The intent to cause death or severe bodily harm can 

arise after the parties to an incident have already 

engaged in some consensual contact. For example, 

consider a situation where friends are on opposite 

teams in an intermural basketball game or where 

roommates are wrestling in their dorm room. 

Aggressive but consensual “horseplay” can become a 

violent altercation. For example, where one of the 

players in the basketball game punches a member of 

the opposing team instead of defending the goal, 

rendering him unconscious, or one roommate wants 

to stop wrestling and the other applies a violent 

headlock, causing a serious neck injury. Both of these 

examples count as Aggravated Assault. 

Often, the weapon used or the extent of the injury 

sustained will be the deciding factor in distinguishing 

Aggravated from Simple Assault. 

Do not classify an incident as an Aggravated Assault 

based solely on prosecutorial policy in a jurisdiction. Examine 

and count assaults according to the standard UCR definitions, 

regardless of whether they are labeled “misdemeanors” or 

“felonies” by local definitions. 

Examine and 

count assaults 

according to the 

standard UCR

definitions, 

regardless of 

whether they are 

labeled 

“misdemeanors” 

or “felonies” by 

local definitions. 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

The Handbook for Campus Safety and Security Reporting 3-13 

Examples of Aggravated Assault 

Scenario 1: Sarah and Anne have a heated argument at a party at a sorority house owned by 

a recognized sorority located a mile from the campus. Sarah grabs a lacrosse stick and 

repeatedly beats Anne across the back with it, breaking several ribs. Include this as one 

Aggravated Assault in the noncampus category. 

Scenario 2: Two students are involved in a fist fight in the laundry room in their on-campus 

dormitory. Both sustain head injuries and are treated at a hospital. Include this as two 

Aggravated Assaults in the on-campus category and two Aggravated Assaults in the oncampus student housing facility category. 

Scenario 3: Brad and Tim are involved in a physical altercation in a campus parking lot 

behind their dormitory. Brad pulls a canister of Mace from his pocket and sprays Tim in the 

face, causing him severe burning and discomfort. Tim flees the scene and seeks medical 

attention. Include this as one on-campus Aggravated Assault.

Scenario 4: Campus police respond to a disturbance call on a public sidewalk in back of the 

campus and find a fight in progress. Most of the participants escape except for four injured 

individuals. None of the individuals would cooperate and the campus police could not 

determine who started the fight. The four individuals suffered from severe knife wounds. 

Include this as four Aggravated Assaults on public property. 

Scenario 5: A male student slips a date rape drug into a female student’s drink at a 

noncampus fraternity house. Before he can lure the victim away from her friends, however, 

someone notices what he had done and summons the police. Count this as one noncampus 

Aggravated Assault.

5. Burglary. Burglary is the unlawful entry of a structure 

to commit a felony or a theft. Count one offense per each 

distinct operation. It is imperative that institutions carefully 

evaluate the operative facts of each reported incident to 

determine if it fits into any subpart of this definition.

Classify as Burglary: 

• Offenses that are classified by local law enforcement 

agencies as Burglary (any degree); unlawful entry 

with intent to commit a larceny or felony; breaking 

and entering with intent to commit a larceny; 

housebreaking; safecracking; and all attempts at these 

offenses. 

• Forcible Entry: All offenses where force of any kind 

is used to unlawfully enter a structure for the purpose 

of committing a theft or felony. This rule applies 

It is imperative 

that institutions 

carefully evaluate 

the operative 

facts of each

reported incident 

to determine if it 

fits into any 

subpart of this 

definition. 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

3-14 The Handbook for Campus Safety and Security Reporting

when a thief gains entry by using tools; breaking 

windows; forcing windows, doors, transoms or 

ventilators; cutting screens, walls or roofs; and where 

known, using master keys, picks, unauthorized keys, 

celluloid, a mechanical contrivance of any kind 

(e.g., a passkey or skeleton key) or other devices that 

leave no outward mark but are used to force a lock. 

This includes Burglary by concealment inside a 

building followed by exiting the structure. 

• Unlawful Entry–No Force: The entry of a structure 

in this situation is achieved by use of an unlocked 

door or window. The element of trespass to the 

structure is essential in this category, which includes 

thefts from open garages, open warehouses, open or 

unlocked dwellings (such as dorm rooms) and open 

or unlocked common basement areas in apartment 

houses where entry is achieved by someone other 

than the tenant who has lawful access, or others 

whom the tenant allows to have free and regular 

access to the structure. If an item was taken from an 

unlocked dorm room and you can establish that 

neither the tenant nor those friends with free and 

regular access to the room have taken the item, then 

unlawful access has occurred. In this context, it is 

important to note that a “breaking” occurs when a 

perpetrator crosses the threshold of a boundary that 

results in a trespass. As such it is possible for a 

burglar to “break” an open doorway or window. 

There is no requirement that entry be forced in any 

way or that damage to a door, window or frame be 

evident. 

• Attempted Forcible Entry: A situation where a 

forcible entry into a locked structure is attempted but 

not completed. An attempt to commit the crime of 

Burglary must be evaluated in context based on all 

available information. Such incidents must not be 

classified merely as “suspicious activity” or 

“vandalism” where the totality of facts indicates that 

a Burglary was in fact attempted. Possible indicators 

of an attempted Burglary may include, but are not 

limited to, damage to a door or window, the presence 

of Burglary tools, a recurring or similar modus 

operandi or “signature” that ties an incident to other 

similar offenses (sometimes referred to as “common 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

The Handbook for Campus Safety and Security Reporting 3-15 

plan and scheme”), and/or proximity in time and 

place to a pattern of other similar crimes. 

Do not classify as Burglary: 

• Thefts from automobiles, whether locked or not. 

• Shoplifting from commercial establishments. 

• Thefts from coin boxes or coin-operated machines. 

• Thefts from areas of open access. If a perpetrator 

steals an item from an area of open access (i.e., there 

is no unlawful entry), the incident is a Larceny, not 

Burglary. For example, if a student leaves his 

backpack under the table in a campus dining hall and 

another student takes it, it’s a Larceny. However, if a 

student leaves his backpack under the table in a 

campus dining hall and another student breaks into 

the building after hours and steals the backpack, it’s a 

Burglary. 

• Robbery. A structure can be burglarized, but it cannot 

be robbed. It is possible, however, for an attempted 

Burglary to become a Robbery. For example, a 

student returns to her dorm room and surprises a 

burglar. The burglar physically attacks the student, 

steals her purse and flees. Because the burglar 

attacked the student and took her property, include 

this incident as a Robbery. If the student had not been 

physically confronted by the burglar and merely 

observed the burglar leaving her room, the incident 

would be a Burglary, even if the burglar left emptyhanded. 

• A forcible entry or unlawful entry in which no theft 

or felony occurs, but acts of vandalism, malicious 

mischief, etc., are committed, provided investigation 

clearly established that the unlawful entry was for a 

purpose other than to commit a felony or theft. 

An incident must meet three conditions to be classified 

as a Burglary:

1) There must be evidence of unlawful entry (trespass). 

This means that the person did not have the right to be in the 

structure at the time the incident occurred. 

If a perpetrator 

steals an item 

from an area of 

open access 

(i.e., there is no 

unlawful entry), 

the incident is a 

Larceny, not 

Burglary. 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

3-16 The Handbook for Campus Safety and Security Reporting

Examples of lawful access include:

• A student uses her keycard to enter her dorm. She lets 

five other students who do not have keycards for that 

dorm into the building. All six of the students have 

lawful access to the building. 

• A student has a party in her dorm room with four 

guests. All five students have lawful access to the 

dorm room. 

• A faculty member has an office in the science 

building. Students are in and out of the office while 

the science building is open. Anyone from the 

campus community going in the office during this 

time has lawful access. 

Examples of unlawful access include:

• A student uses her keycard to enter a dorm. Without 

her knowing, a student without a keycard to the 

building walks in after her. The student without the 

keycard does not have lawful access to the building. 

• A student has a party in her dorm room with four 

invited guests. When the party is over the host asks 

everyone to leave. She leaves the door unlocked 

while she goes to visit another student. One of the 

students who attended the party opens the door and 

takes some money off of the desk. That student does 

not have lawful access to the room. 

• A faculty member has an office in the science 

building. One night when the science building is 

locked, a maintenance worker who does not have a 

work order for the building, uses a maintenance key 

to unlock the building and then unlock the faculty 

member’s door and steals a computer. The 

maintenance worker does not have lawful access to 

the office. 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

The Handbook for Campus Safety and Security Reporting 3-17 

2) The unlawful entry must occur within a structure, 

which is defined as having four walls, a roof, and a door. 

The UCR definition of a structure includes:

• Apartment, barn, cabin, church, condominium, 

dwelling house, factory, garage, house trailer or 

houseboat (if used as a permanent dwelling), mill, 

office, other building, outbuilding, public building, 

railroad car, room, school, stable, storage facility, 

vessel (ship) and warehouse. 

• Any house trailer or other mobile unit that is 

permanently fixed as an office, residence or 

storehouse. 

The UCR definition of a structure does not include:

• Motor vehicles. 

• Tents, tent trailers, motor homes, house trailers or 

other mobile units that are being used for recreational 

purposes. 

• A telephone booth. 

• A gym locker or cubby. 

3) The structure was unlawfully entered to commit a 

felony or a theft. If the intent was not to commit a felony or a 

theft, the incident is not a Burglary. For example, if a homeless 

student unlawfully entered a structure to sleep, do not include 

the incident as a Burglary.

Special Rules for Counting Burglaries 

Burglaries in individual student rooms: Because 

residents of rooms in student housing facilities are not 

considered transient, the Burglary of each room is a separate

offense. This means that if an offender unlawfully enters five 

dorm rooms on one floor of a student housing facility for the 

purpose of taking something, you should count this as five 

Burglaries.

Burglaries in suites: Each bedroom in a student housing 

facility suite is considered a separate dwelling. Count the 

Burglary of four bedrooms and the common room in a suite 

during a single incident as five Burglaries.
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

3-18 The Handbook for Campus Safety and Security Reporting

Burglaries in private academic offices: Unlike a 

student housing facility in which each room is considered to be 

a separate dwelling, the various rooms within an academic 

building are typically under the control of a single firm (the 

college or university). Count the Burglary of an academic 

structure as one offense, regardless of the number of interior 

rooms entered or items stolen if the rooms were all burglarized 

during the same time frame. (If, however, the rooms were 

burglarized within different time frames, for example one 

office on Monday and a second office the following day, count 

this as two Burglaries.)

Burglaries in patient rooms in campus or noncampus 

medical centers: Because residents in patient rooms in 

hospitals or medical centers are transient, offenses are most 

likely to be reported to law enforcement by the institution. 

Count the Burglary of a number of patient rooms during the 

same time frame as a single offense. 

Examples of Burglary

Scenario 1: A room in an on-campus dormitory is broken into and a laptop is stolen by a 

student living down the hall. Because the student unlawfully entered the room, include this 

as one on-campus Burglary and one on-campus student housing facility Burglary. 

Scenario 2: A student living in an on-campus dormitory invites another student into her 

room. The invited student takes a ring from the top of a dresser when the owner leaves to 

use the restroom. Because the perpetrator was invited into the room, there is no element of 

trespass. Do not include this incident in your Clery Act statistics because it is a Larceny. 

Scenario 3: A perpetrator enters five on-campus dorm rooms without permission on the 

same night looking to steal money. He takes a wallet from one room, but takes nothing 

from the other four rooms. Include this as five Burglaries in both the on-campus category 

and on-campus student housing facility category. 

Scenario 4: Someone enters an unlocked dorm room on campus and steals a student’s 

wallet. Investigation determines that the student’s roommate did not take the wallet. 

Because no one else had lawful access to the dorm room at the time the wallet was taken, 

it had to have been taken by someone who did not have lawful access. Include this as one 

on-campus Burglary and one on-campus student housing facility Burglary. 

Scenario 5: A patient in a hospital room in an on-campus medical center reports a stolen 

watch. Police investigate and cannot determine who took the watch. Because there is no 

evidence that someone unlawfully entered the room to steal the watch, this is a Larceny. 

Do not include this incident in your Clery Act statistics. 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

The Handbook for Campus Safety and Security Reporting 3-19 

Examples of Burglary (continued)

Scenario 6: A school is bordered by a municipal parking garage that has four walls, a 

roof and a door. Parking is allowed by permit only. Someone without a permit enters 

the garage and steals a GPS from a car. Include this as one public property Burglary. 

Scenario 7: A school is bordered by a parking garage that has four walls, a roof and a 

door. Anyone who pays can park there. Someone enters the garage and steals a GPS 

from a car. Because the garage has open access there was no element of trespass. Do 

not include this incident in your Clery Act statistics because it is a Larceny.

Scenario 8: After his team practice session a member of the football team breaks into 

the locker of a teammate and takes his wallet. Because a locker is not a structure, this 

is a Larceny. Do not include this incident in your Clery Act statistics.

Scenario 9: A member of the football team climbs through an open window in the 

campus gym after hours and then breaks into a teammate’s locker looking for drugs. 

He leaves empty-handed. Because the perpetrator trespassed into the gym with the 

intention of stealing drugs, include this as one on-campus Burglary.

Scenario 10: A maintenance worker with a work order uses his keys to enter an oncampus office to fix an air conditioner, and while he is there he decides to steal a 

laptop. This incident is a Larceny because the maintenance worker had a right to be in 

the office at the time of the theft. Do not include this incident in your Clery Act

statistics. 

Scenario 11: A maintenance worker without a work order uses his keys to enter a 

locked on-campus office to search for something to steal. Include this as one oncampus Burglary because the maintenance worker did not have a right to be in the 

office at the time of the theft. He unlawfully entered the office with the intent to steal 

something. (Because the intent was to steal something, it’s a Burglary even if the 

maintenance worker leaves empty-handed.) 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

3-20 The Handbook for Campus Safety and Security Reporting

6. Motor Vehicle Theft. Motor Vehicle Theft is the theft 

or attempted theft of a motor vehicle. Count one offense for 

each stolen vehicle.

Classify as Motor Vehicle Theft:

• Theft of any self-propelled vehicle that runs on land 

surface and not on rails, such as sport utility vehicles, 

automobiles, trucks, buses, motorcycles, motor 

scooters, trail bikes, mopeds, all-terrain vehicles, 

self-propelled motor homes, snowmobiles, golf carts 

and motorized wheelchairs. 

• All incidents where automobiles are taken by persons 

not having lawful access even though the vehicles are 

later abandoned. Include joyriding in this category. If 

a vehicle is stolen in conjunction with another 

offense, classify the crime using the procedures for 

classifying multiple offenses (i.e., the Hierarchy 

Rule, pages 3-24 and 3-25).

Do not classify as Motor Vehicle Theft: 

• Theft of any of the following: Farm equipment, 

bulldozers, airplanes, construction equipment, water 

craft (motorboats, sailboats, houseboats or jet skis). 

• Taking a vehicle for temporary use when prior 

authority has been granted or can be assumed, such 

as in family situations, rental car agreements, or 

unauthorized use by chauffeurs and others having 

lawful access to the vehicle.

• A forcible or unlawful entry of a building to steal a 

motor vehicle. Include this offense as a Burglary. 

• Thefts from motor vehicles. Theft from a motor 

vehicle is Larceny, which is not a Clery Act crime 

unless it’s motivated by bias (i.e., a Hate Crime). 

(More about this in the Hate Crimes section of this 

chapter on pages 3-25 through 3-35.) 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

The Handbook for Campus Safety and Security Reporting 3-21 

Examples of Motor Vehicle Theft

Scenario 1: A faculty member’s car is reported stolen from a campus parking garage and 

is later recovered a block off campus. Include one on-campus Motor Vehicle Theft.

Scenario 2: A car stereo and CDs are reported stolen from a car parked along a cityowned street on campus. Do not include this incident in your Clery Act statistics because it 

is theft from a motor vehicle, not Motor Vehicle Theft. 

Scenario 3: A student’s car is stolen from a city street outside a classroom five miles from 

campus. Do not include this incident in your Clery Act statistics because it occurred on 

public property adjacent to a noncampus location. 

7. Arson. Arson is any willful or malicious burning or 

attempt to burn, with or without intent to defraud, a dwelling 

house, public building, motor vehicle or aircraft, personal 

property of another, etc. Count one offense for each distinct 

incident of Arson occurring on your Clery Act geography.

Classify as Arson: 

• Only fires determined to have been willfully or 

maliciously set.

• Attempts to burn. 

• Any fire that investigation determines to meet the 

UCR definition of Arson regardless of the value of 

any property damage.

• Incidents where an individual willfully or maliciously 

burns his or her own property. 

The Clery Act requires institutions to disclose all Arsons 

that occur on their Clery Act geography. This includes 

seemingly minor fires such as burning wastebaskets or 

bulletin boards, regardless of whether they are 

discovered while burning or after being extinguished. All 

of the evidence for any fire not known to be 

accidental (such as a cooking fire) must be considered 

by the institutional official designated to make such 

determinations. Some jurisdictions have specific rules 

that state that a fire is not to be classified as Arson unless 

and until a fire marshal makes a determination of 

malicious burning. The Clery Act’s Arson definition does 

All of the 

evidence for any 

fire not known to 

be accidental 

(such as a 

cooking fire) must 

be considered by 

the institutional 

official 

designated to 

make such 

determinations. 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

3-22 The Handbook for Campus Safety and Security Reporting

not require that any findings be made by a fire official 

before classifying an incident. 

Do not classify as Arson: 

• Fires of suspicious origin. 

• Fires of unknown origin. 

Cautions in Disclosing Arson statistics

Point of origin: 

• If a fire (determined to be Arson) starts in a privately 

owned house located next to your campus and 

spreads to a building on your campus, you are not 

required to include the fire in your Arson statistics 

because the point of origin for the Arson was not 

your Clery Act geography. 

• If the situation is reversed, and an on-campus fire 

(determined to be Arson) spreads to the house, you 

must include the on-campus Arson in your Clery Act

statistics.

• If the private home and the on-campus building are 

burning, and investigators later determine that the 

cause was Arson, but the point of origin could not 

definitively be determined, your school is responsible 

for including the Arson in your statistics for the oncampus building. 

• Count incidents in which persons are killed as a 

direct result of Arson as both Criminal Homicides 

and Arson. Similarly, report the number of persons 

severely injured during an Arson as Aggravated

Assaults along with the Arson. When other reportable 

offenses are committed during the same distinct 

operation as the Arson offense, report the most 

serious offense along with the Arson. (More about 

the Hierarchy Rule on pages 3-24 and 3-25.) 

An important note for institutions that have on-campus 

student housing facilities: Arsons in on-campus student 

housing facilities must also be included in your fire statistics. 

This means that in Scenario 5, for example, you must also 

include the incident as one intentional fire in the on-campus
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

The Handbook for Campus Safety and Security Reporting 3-23 

student housing facility in which the fire occurred. (See 

Chapter 13 for more information on fire statistics.)

Examples of Arson

Scenario 1: A student is killed by what an investigation determines was a deliberately set 

fire in his campus residence hall room. Include this as one Murder and Non-negligent 

Manslaughter and one Arson in the on-campus category and one Murder and Nonnegligent Manslaughter and one Arson in the on-campus student housing facility category. 

Scenario 2: A suspicious fire is reported in a campus academic building, but fire 

authorities cannot determine if it was intentionally set. Do not include this incident as 

Arson in your Clery Act statistics. 

Scenario 3: A resident of a noncampus Greek house sets fire to his couch on the lawn in 

front of the house in celebration of a school football victory. Investigators determine that 

the incident was Arson. Include this as one Arson in the noncampus category. 

Scenario 4: A fire is reported in a campus dormitory. Ten students are killed as a direct 

result of the flames and asphyxiation. Two more students die from internal injuries when 

they attempt to jump to safety. Six people are hospitalized with second- and third-degree 

burns. Investigation determines that the fire was intentional. Include this as one Arson in 

the on-campus category and the on-campus student housing facility category and 12 

Murder and Non-negligent Manslaughters and six Aggravated Assaults in the on-campus 

category and the on-campus student housing facility category. This Arson, along with the 

resulting deaths and injuries, must also be included in your fire statistics described in 

Chapters 12 and 13. 

Scenario 5: A student is seen setting fire to a paper advertisement on an on-campus 

dormitory bulletin board. Investigation determines that the student willfully set fire to the 

paper. Include this as one Arson in the on-campus and the on-campus student housing 

facility categories and also as one intentional fire in your fire statistics described in 

Chapters 12 and 13. 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

3-24 The Handbook for Campus Safety and Security Reporting

Beyond the Basics—Additional Rules for 

Counting and Disclosing Crimes 

Hierarchy rule citation

34 CFR 668.46(c)(9)

The Hierarchy Rule

When counting multiple offenses, you must use the FBI’s

UCR Hierarchy Rule. Under this rule, when more than one 

Criminal Offense was committed during a single incident 

you should only count the most serious offense. A single 

incident means that the offenses were committed at the same 

time and place. That is, the time interval between the offenses 

and the distance between the locations where they occurred 

were insignificant. Beginning with the most serious offense, 

the following list shows the hierarchy for Clery Act reporting: 

• Murder and Non-negligent Manslaughter 

• Manslaughter by Negligence

• Sexual Assault

• Robbery 

• Aggravated Assault

• Burglary

• Motor Vehicle Theft 

An example based on the Hierarchy Rule might be if a 

student is both raped and robbed during a single incident. In 

this case, include only the Rape in the statistics, because it is 

classified as the more serious crime in the hierarchy. 

There are exceptions to using the Hierarchy Rule when 

counting offenses. They apply to Arson, Sexual Assaults, Hate 

Crimes and VAWA Offenses. Arson and Sexual Assaults are 

defined above and the rules for counting them are discussed 

here. (See pages 3-25 through 3-35 in the Hate Crime section 

for the rules for counting Hate Crimes. See page 3-42 in the 

VAWA Offenses section for the rules for counting VAWA 

Offenses.) 

There are 

exceptions to 

using the 

Hierarchy Rule 

when counting 

Arson, Sexual 

Assaults and 

Hate Crimes. 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

The Handbook for Campus Safety and Security Reporting 3-25 

The rules for counting Arson are:

• Always count Arson regardless of the nature of any 

other offenses that were committed during the same 

incident. 

• When multiple offenses are committed during the 

same distinct operation as the Arson offense, report 

the most serious offense along with the Arson. 

• Include incidents in which persons are killed as a 

direct result of Arson as Murder and Non-negligent 

Manslaughter and Arson or Manslaughter by 

Negligence and Arson. 

The rules for counting Sexual Assaults are:

• If Rape, Fondling, Incest or Statutory Rape occurs in 

the same incident as Murder, count both the sexual 

assault and the Murder. 

• Fondling is recognized as an element of the other 

Sexual Assaults. Include a Sexual Assault as 

Fondling only if it is the only Sexual Assault. If 

Fondling occurs in the same incident as Murder, 

count both the Fondling and the Murder. 

Hate Crimes 

Hate crime citation

34 CFR 668.46(c)(4) The second category of statistics you must disclose after 

Criminal Offenses is Hate Crimes. A Hate Crime is a criminal 

offense that manifests evidence that the victim was intentionally 

selected because of the perpetrator’s bias against the victim. 

Although there are many possible categories of bias, 

under the Clery Act, only the following eight categories are 

reported:

• Race. A preformed negative attitude toward a group 

of persons who possess common physical 

characteristics, e.g., color of skin, eyes, and/or hair; 

facial features, etc., genetically transmitted by 

descent and heredity which distinguish them as a 

distinct division of humankind, e.g., Asians, blacks or 

African Americans, whites. 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

3-26 The Handbook for Campus Safety and Security Reporting

• Religion. A preformed negative opinion or attitude 

toward a group of persons who share the same 

religious beliefs regarding the origin and purpose of 

the universe and the existence or nonexistence of a 

supreme being, e.g., Catholics, Jews, Protestants, 

atheists. 

• Sexual Orientation. A preformed negative opinion 

or attitude toward a group of persons based on their 

actual or perceived sexual orientation. Sexual 

Orientation is the term for a person’s physical, 

romantic, and/or emotional attraction to members of 

the same and/or opposite sex, including lesbian, gay, 

bisexual, and heterosexual (straight) individuals. 

• Gender. A preformed negative opinion or attitude 

toward a person or group of persons based on their 

actual or perceived gender, e.g., male or female. 

• Gender Identity. A preformed negative opinion or 

attitude toward a person or group of persons based 

on their actual or perceived gender identity, e.g., bias 

against transgender or gender non-conforming 

individuals. Gender non-conforming describes a 

person who does not conform to the gender-based 

expectations of society, e.g., a woman dressed in 

traditionally male clothing or a man wearing makeup. 

A gender non-conforming person may or may not be 

a lesbian, gay, bisexual, or transgender person but 

may be perceived as such.

• Ethnicity. A preformed negative opinion or attitude 

toward a group of people whose members identify 

with each other, through a common heritage, often 

consisting of a common language, common culture 

(often including a shared religion) and/or ideology 

that stresses common ancestry. The concept of 

ethnicity differs from the closely related term “race” 

in that “race” refers to a grouping based mostly upon 

biological criteria, while “ethnicity” also 

encompasses additional cultural factors. 

• National Origin. A preformed negative opinion or 

attitude toward a group of people based on their 

actual or perceived country of birth. This bias may 

be against people that have a name or accent 

associated with a national origin group, participate in 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

The Handbook for Campus Safety and Security Reporting 3-27 

certain customs associated with a national origin 

group, or because they are married to or associate 

with people of a certain national origin.

• Disability. A preformed negative opinion or attitude 

toward a group of persons based on their physical or 

mental impairments, whether such disability is 

temporary or permanent, congenital or acquired by 

heredity, accident, injury, advanced age or illness. 

For Clery Act purposes, Hate Crimes include any of the 

following offenses that are motivated by bias. 

• Murder and Non-negligent Manslaughter 

• Sexual Assault

• Robbery 

• Aggravated Assault

• Burglary

• Motor Vehicle Theft

• Arson

• Larceny-Theft

• Simple Assault

• Intimidation

• Destruction/Damage/Vandalism of Property

The first seven offenses are defined and discussed in the 

Criminal Offenses section earlier in this chapter. In addition to 

those offenses, Larceny-Theft, Simple Assault, Intimidation, 

and Destruction/Damage/Vandalism of Property are 

included in your Clery Act statistics only if they are Hate 

Crimes.

1. Larceny-Theft is the unlawful taking, carrying, 

leading or riding away of property from the 

possession or constructive possession of another. 

(Larceny and theft mean the same thing in the UCR.)

Constructive possession is the condition in which a 

person does not have physical custody or possession, 

Larceny-Theft, 

Simple Assault, 

Intimidation, and 

Destruction/

Damage/

Vandalism of 

property are 

included in your 

Clery Act

statistics only if 

they are Hate 

Crimes. 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

3-28 The Handbook for Campus Safety and Security Reporting

but is in a position to exercise dominion or control 

over a thing. 

Classify as Larceny: 

• Thefts of bicycles or automobile accessories.

• Shoplifting. 

• Pocket-picking. 

• The stealing of any property or article that is not 

taken by force and violence or by fraud. 

• Any of the above regardless of the value of the item 

or items taken (For example, include the unlawful 

taking of a parking sticker that is peeled off a car 

windshield.) 

• Attempted larcenies.

Do not classify as Larceny: 

• Motor Vehicle Theft. 

• Attempted Motor Vehicle Theft.

• Embezzlement.

• Confidence games.

• Forgery.

• Worthless checks.

2. Simple Assault is 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.

Include all assaults that do not involve the use of a 

firearm, knife, cutting instrument or other dangerous weapon, 

and in which the victim did not sustain serious or aggravated 

injuries.
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

The Handbook for Campus Safety and Security Reporting 3-29 

3. Intimidation is to unlawfully place another person in 

reasonable fear of bodily harm through the use of 

threatening words and/or other conduct, but without 

displaying a weapon or subjecting the victim to 

actual physical attack.

A person is assumed to be placed in “reasonable fear” if 

he or she reports threatening words or other conduct to law 

enforcement personnel. To be the victim of Intimidation, one 

doesn’t have to be the intended target of the offender. For 

example, a person who reports seeing anti-gay threats on a 

bathroom wall to law enforcement is considered a victim. (For 

the Intimidation to be considered a Hate Crime there would 

have to be other supporting evidence of bias as well.) Include 

in this category cyber-intimidation if the victim is threatened 

via electronic means while on your Clery Act geography.

4. Destruction/Damage/Vandalism of Property is to

willfully or maliciously destroy, damage, deface, or 

otherwise injure real or personal property without 

the consent of the owner or the person having 

custody or control of it. 

Classify as Destruction/Damage/Vandalism of 

Property a wide range of malicious behavior 

directed at property, such as:

• Cutting auto tires.

• Drawing obscene pictures on restroom walls. 

• Smashing windows. 

• Destroying school records. 

• Defacing library books. 

Do not classify as Destruction/Damage/Vandalism 

of Property: 

Incidents of burning that willfully or maliciously 

destroy, damage or deface property. Classify such 

incidents as Arson. 

Classifying a crime as a Hate Crime is sometimes 

difficult. The following information adapted from the FBI’s

Hate Crime Data Collection Guidelines and Training Manual

should be useful in guiding you. 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

3-30 The Handbook for Campus Safety and Security Reporting

Before an incident can be classified as a Hate Crime, 

sufficient objective facts must be present to lead a reasonable 

and prudent person to conclude that the offender’s actions were 

motivated, in whole or in part, by bias. While no single fact 

may be conclusive, facts such as the following, particularly 

when combined, are supportive of a finding of bias:

a. The offender and the victim were of a different race, 

religion, disability, sexual orientation, ethnicity, 

national origin, gender or gender identity. For 

example, the victim was African American and the 

offender was white. 

b. Bias-related oral comments, written statements or 

gestures were made by the offender, that indicate the 

offender’s bias. For example, the offender shouted a 

racial epithet at the victim.

c. Bias-related drawings, markings, symbols or graffiti 

were left at the crime scene. For example, a swastika 

was painted on the door of a synagogue, anti-Islamic 

statements on the wall of a mosque, or anti-gay 

graffiti on the door of an LGBTQ center.

d. Certain objects, items or things which indicate bias 

were used. For example, the offenders taped a photo 

of a burning cross to the door of an African American 

student’s dorm room. 

e. The victim is a member of a racial, religious, 

disability, sexual orientation, ethnicity, national 

origin, gender or gender identity group that is 

overwhelmingly outnumbered by other residents in 

the student housing facility where the victim lives 

and the incident took place. This factor loses 

significance with the passage of time (i.e., it is most 

significant when the victim first moved into the 

facility, and becomes less and less significant as time 

passes without incident). 

f. Several incidents occurred in the same location at or 

about the same time, and the victims were all of the 

same race, religion, disability, sexual orientation, 

ethnicity, national origin, gender or gender identity. 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

The Handbook for Campus Safety and Security Reporting 3-31 

g. A substantial portion of the campus community 

where the crime occurred perceived that the incident 

was motivated by bias.

h. The victim was engaged in activities related to his or 

her race, religion, disability, sexual orientation, 

ethnicity, national origin, gender or gender identity. 

For example, the victim was a member of the 

National Association for the Advancement of 

Colored People (NAACP) or participated in an 

LGBTQ Pride celebration.

i. The incident coincided with a holiday or a date of 

particular significance relating to a race, religion, 

disability, sexual orientation, ethnicity, national 

origin, gender or gender identity, e.g., Martin Luther 

King Day, Rosh Hashanah or the Transgender Day of 

Remembrance.

j. The offender was previously involved in a similar 

Hate Crime or is a hate group member.

k. There were indications that a hate group was 

involved. For example, a hate group claimed 

responsibility for the crime or was active on the 

campus.

l. A historically established animosity existed between 

the victim’s and the offender’s groups. 

m. The victim, although not a member of the targeted 

racial, religious, disability, sexual-orientation, ethnic, 

national origin, gender or gender identity group, was 

a member of an advocacy group supporting the 

precepts of the victim group. 

Additional considerations in determining whether an 

incident is a Hate Crime:

• Need for a case-by-case assessment of the facts. 

The aforementioned factors are not all-inclusive of 

the types of objective facts that evidence bias 

motivation. Therefore, examine each case for facts 

that clearly provide evidence that the offender’s bias 

motivated him or her to commit the crime.

• Misleading facts. Be alert to misleading facts. For 

example, the offender used an epithet to refer to the 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

3-32 The Handbook for Campus Safety and Security Reporting

victim’s race, but the offender and victim were of the 

same race.

• Feigned facts. Be alert to evidence left by the 

offenders that is meant to give the false impression 

that the incident was motivated by bias. For example, 

students of a religious school vandalize their own 

school, leaving anti-religious statements and symbols 

on its walls in the hope that they will be excused 

from attending class.

• Offender’s mistaken perception. Even if the 

offender was mistaken about the victim’s race, 

religion, disability, sexual-orientation, ethnicity, 

national origin, gender or gender identity, the offense 

is still a Hate Crime as long as the offender was 

motivated by bias against that group. For example, a 

non-gay student leaving a publicized LGBTQ 

meeting in a noncampus fraternity house is followed 

back to campus and attacked behind a dorm by six 

teenagers who mistakenly believed the victim is gay. 

Although the offenders were mistaken, the offense is 

a Hate Crime because it was motivated by the 

offenders’ anti-gay bias. 

Remember, it is the perception of the offender, not the 

perception of the victim that determines whether a crime is 

classified as a Hate Crime. Also, knowing that an offender is 

prejudiced is not enough to classify a crime as a Hate Crime. 

There must be evidence that the offender was motivated by that 

prejudice to commit the crime.

Rules for Counting Hate Crimes 

Hate Crimes are counted in the same manner that the 

offenses are when they are not Hate Crimes except that the 

Hierarchy Rule does not apply to Hate Crimes. This means 

that: 

• You must count all of the offenses committed in a 

multiple offense incident that are bias-motivated. For 

example, there is a single reported incident involving 

an Aggravated Assault and a Motor Vehicle Theft 

that were both motivated by bias. Include the incident 

in the statistics for both crimes.

Remember, it is 

the perception of 

the offender, not 

the perception of 

the victim that 

determines 

whether a crime is 

classified as a 

Hate Crime. 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

The Handbook for Campus Safety and Security Reporting 3-33 

• In reporting the number of Hate Crimes, you must 

include only the crimes that are bias-motivated as 

Hate Crimes in a multiple-offense incident. For 

example, three armed men commit a Robbery on the 

porch of a fraternity house. Two of the offenders go 

inside the house intending to rob more students. One 

of them spots a Hispanic woman, grabs her, and rapes 

her. The two offenders were later arrested and the 

investigation showed that although the Robbery was 

not bias-motivated, the Rape was. Include only the 

Sexual Assault as a Hate Crime. 

• For any Criminal Offense that is also a Hate Crime, 

your statistics should indicate the offense and also the 

offense with the category of bias. For example, if an 

Aggravated Assault is a Hate Crime, include one 

Aggravated Assault in the statistics in the Criminal 

Offenses category and one Aggravated Assault 

motivated by (category of bias) in the Hate Crime 

category. 

• The exception is when the Aggravated Assault is not 

included in the Criminal Offenses category because 

of the hierarchy rule. For example, for a single 

incident involving both a Rape and an Aggravated 

Assault that were both Hate Crimes, include only the 

Rape in the Criminal Offenses category and both the 

Rape and the Aggravated Assault in the Hate Crimes 

category.

Examples of Hate Crimes

Scenario 1: One night a student with known anti-gay sentiments steals a number of books 

by LGBTQ authors from a campus library exhibit. He leaves a note on the exhibit table that 

reads, “Gay and lesbian books don’t belong in our library.” When he is caught leaving the 

library with a large bag of books, he starts shouting that LGBTQ students have been getting 

too much attention on campus and he was tired of it. Include this as one on-campus 

Larceny-Theft characterized by Sexual Orientation bias. 

Scenario 2: A white student causes a disturbance in an on-campus classroom during a 

discussion on race relations. The student begins shouting racial epithets while pointing at 

black students. The instructor calls campus security for assistance. A white security officer 

and a black security officer arrive. When the black officer tries to subdue the student, the 

student starts shoving the officer and shouting racial epithets at him. Include this as one oncampus Simple Assault characterized by racial bias. 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

3-34 The Handbook for Campus Safety and Security Reporting

Examples of Hate Crimes (continued)

Scenario 3: A campus police officer overhears a white student and a black student 

arguing over a parking space on campus. They are shouting obscenities at one another 

and the white student shoves the black student who scrapes his hand on the asphalt when 

he falls. The officer approaches the students and asks for an explanation for the argument. 

The students tell him that one of them was driving toward the parking space first but 

didn’t use his turn signal to indicate he wanted to park there. The other student drove into 

the space not knowing that the first student had intended to park there. The officer did not 

find any evidence that the Simple Assault was motivated by bias. Do not include this 

incident as a Hate Crime in your Clery Act statistics. 

Scenario 4: During finals week, a gay faculty member gets a series of phone calls in his 

noncampus office. When he answers, the caller says that she hates gay people and then 

hangs up. On the third night, the caller says that the faculty member had better be careful 

because something terrible was about to happen to gay people at the school. The faculty 

member is afraid and calls the local police to report the threat. Include this as one 

noncampus Intimidation based on Sexual Orientation bias. 

Scenario 5: Several students call the campus security office to report swastikas spraypainted on the walls in a hallway of an on-campus student housing facility. Campus 

security personnel investigate but cannot find conclusive evidence that the markings were 

bias-motivated. Do not include this incident as a Hate Crime in your Clery Act statistics. 

Scenario 6: Several students call the campus security office to report swastikas spraypainted on the hallway walls of an on-campus student housing facility on the floor where 

members of a Jewish student group live. The spray-painting follows a week of escalating 

tension between some Jewish and non-Jewish students over news about the IsraeliPalestinian conflict. Campus security personnel investigate and, based on the evidence, 

conclude that a Hate Crime was committed. Include this as one on-campus Intimidation 

characterized by religious bias and one on-campus student housing facility Intimidation 

characterized by religious bias. 

Scenario 7: An on-campus student center features a photo exhibit of famous MuslimAmericans and their achievements. Next to the display case is a second unrelated photo 

exhibit that features several well-known school alumni. An employee who is prepping the 

coffee bar for the day notices that there are what appear to be permanent ink markings on 

the glass over some of the facial features of photos of the Muslim-Americans. There are 

no markings on the other exhibit case. The employee reports the incident to the school’s 

public safety officer who is on the other side of the campus and in the process of 

examining defaced posters announcing a meeting of the school’s Muslim-American 

student group. After examining all of the evidence the officer concludes that a Hate 

Crime was committed. Include this as one on-campus Destruction/Damage/Vandalism of 

Property incident characterized by religious bias. 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

The Handbook for Campus Safety and Security Reporting 3-35 

Examples of Hate Crimes (continued) 

Scenario 8: The office of the Arab-American Student Center on the third floor of the campus 

student union contains both Arabic and English writing on the outside of the door. One night 

the office is vandalized, with anti-Arab threats and disparaging anti-Arab messages. Include 

this as one on-campus Destruction/Damage/Vandalism of Property incident characterized by 

Ethnicity bias.

Scenario 9: Two students are walking on campus, speaking Spanish. Five other white 

students surround them, shove them and throw them to the ground, shouting “You’re in 

America. This is our country. We speak English here! Go back to your own country if you 

don’t like it!” Include this as two on-campus Simple Assaults characterized by National 

Origin.

Scenario 10: A white student ran by another student in front of the Student Union, shoved 

him to the ground, and forcibly pulled his Dastaar (Sikh Turban) and said, “Take that thing 

off your head—we don’t want your kind in this neighborhood!” In the process of the attack, 

the Sikh student suffered a concussion. When campus police responded to the scene, a 

witness to the attack identified the perpetrator as a part-time clerk at a local convenience 

store near a predominately Sikh community. Include this as one on-campus Aggravated 

Assault characterized by religious bias. 

Scenario 11: A transgender women was leaving the campus bookstore when three men 

walking toward her said, “Hey, what’s your problem? Huh?” She kept walking, trying to 

ignore them. However, as they got close, one yelled “We don’t want no she-males around 

here!” and a second one knocked her to the ground. Include this as one on-campus Simple 

Assault characterized by Gender Identity bias. 

Scenarios 12: For a fraternity prank, two students forcibly bring a developmentally disabled 

student back to their house on campus. They shave the student’s head, spelling out the word 

“retard” in his remaining hair. They record the incident on their cell phones and post it on the 

fraternity website, all the while mocking his disability and his slurred-speech protests. 

Include this as one on-campus Simple Assault characterized by Disability bias.
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

3-36 The Handbook for Campus Safety and Security Reporting

VAWA Offenses 

VAWA Offenses citation

34 CFR 668.46(c)(1)(iv)

The third category of crime statistics you must disclose 

are those added to the Clery Act by the Violence Against 

Women Act. These are Dating Violence, Domestic Violence, 

Sexual Assault and Stalking. Sexual assault is included by the 

FBI as a Criminal Offense and is discussed in the Criminal 

Offense section earlier in this chapter. Domestic Violence, 

Dating Violence and Stalking are considered crimes for the 

purposes of Clery Act reporting and are defined and discussed 

in this section.

Dating Violence is defined as violence committed by a 

person who is or has been in a social relationship of a 

romantic or intimate nature with the victim. The existence of 

such a relationship shall be determined based on the reporting 

party’s statement and with consideration of the length of the 

relationship, the type of relationship, and the frequency of 

interaction between the persons involved in the relationship.

For the purposes of this definition— 

• Dating 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.

We caution that differences in the culture of different 

people and their use of terms may mean that a reporting party 

may describe a dating relationship using different terms from 

how an institutional official might describe “dating.” When the 

reporting party asserts that there was a dating relationship, you 

should assume that the victim and perpetrator were in a dating 

relationship to avoid incorrectly omitting incidents. The 

victim’s use of terms such as “hanging out” or “hooking up” 

rather than “dating,” or whether or not the relationship is 

described as “monogamous” or “serious” should not be the 

determining factor. No matter who reports the incident, 

whether it is the victim or a third party, it is the responsibility

of the institution to determine whether the incident should be 

included as Dating Violence.
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

The Handbook for Campus Safety and Security Reporting 3-37 

Examples of Dating Violence

Scenario 1: A female student cuts her ex-boyfriend with a knife during an altercation in 

an on-campus dining hall. Include this as one incident of on-campus Dating Violence and 

one on-campus Aggravated Assault. 

Scenario 2: A female student reports that her boyfriend forced her into nonconsensual 

sex in her on-campus dorm room. Include one Rape in both the on-campus category and 

the on-campus student housing facility category, and one incident of Dating Violence in 

both the on-campus category and the on-campus student housing facility category. 

Scenario 3: After a party on campus, John walked back to his apartment in a noncampus 

housing complex with Matt, whom he has hooked up with a few times over the past 

month. When they reached John’s apartment, it became clear that Matt was angry that 

John had been talking with other men at the party, causing Matt to punch two holes in the 

wall and threaten to beat John if he sees him flirting with any other men on campus. John 

now fears for his safety around Matt. Include one incident of noncampus Dating Violence 

for the threat of physical abuse. 

Scenario 4: A dating couple is arguing on a public sidewalk in front of a campus 

building. The male slaps the female and her face is red. Include this as one public 

property incident of Dating Violence.

Domestic Violence is defined as a felony or 

misdemeanor crime of violence committed—

• By a current or former spouse or intimate partner of 

the victim;

• By a person with whom the victim shares a child in

common; 

• By a person who is cohabitating with, or has 

cohabitated with, the victim as a spouse or intimate

partner; 

• By 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; 

• By any other person against an adult or youth victim 

who is protected from that person’s acts under the 

domestic or family violence laws of the jurisdiction in 

which the crime of violence occurred.
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

3-38 The Handbook for Campus Safety and Security Reporting

To categorize an incident as Domestic Violence, the 

relationship between the perpetrator and the victim must be 

more than just two people living together as roommates. The 

people cohabitating must be current or former spouses or have 

an intimate relationship. 

Examples of Domestic Violence

Scenario 1: A student’s wife is waiting for her husband outside of his on-campus classroom 

building. She attacks her husband with a knife when he exits the building. Include this as 

one on-campus incident of Domestic Violence and one on-campus Aggravated Assault. 

Scenario 2: A neighbor reports yelling in the apartment next door in a university housing 

complex. The officer who arrives at the apartment finds a husband and wife having an 

argument. Neither party reports any physical injuries and neither party reports being 

intimidated. Do not include this incident in your Clery Act statistics. 

Scenario 3: An employee reports to the campus police that her ex-husband has physically 

assaulted her four times. All four assaults occurred at the employee’s private residence; 

however, he has also recently showed up in the noncampus parking lot outside her office 

and threatened to hurt her. Include one noncampus Domestic Violence incident for the 

Intimidation that occurred in the noncampus parking lot. Do not include the Aggravated 

Assaults in your Clery Act statistics because they did not occur on Clery Act geography. Do 

not include the Intimidation as a Hate Crime in your Clery Act statistics because there was 

no evidence that it was motivated by bias. Also include one incident of noncampus Stalking 

(Stalking is discussed below). 

Scenario 4: A father argues with his son at a football game in the on-campus stadium. He 

eventually hits his son, breaking his jaw. Include this as one on-campus incident of 

Domestic Violence and one Aggravated Assault.

Stalking is defined as engaging in a course of conduct 

directed at a specific person that would cause a reasonable 

person to— 

• Fear for the person’s safety or the safety of others; or 

• Suffer substantial emotional distress. 

For the purposes of this definition— 

• 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 any 

action, method, device, or means, follows, monitors, 

observes, surveils, threatens, or communicates to or 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

The Handbook for Campus Safety and Security Reporting 3-39 

about a person, or interferes with a person’s 

property. 

• Reasonable person means a reasonable person 

under similar circumstances and with similar 

identities to the victim.

• Substantial emotional distress means significant 

mental suffering or anguish that may, but does not 

necessarily require medical or other professional 

treatment or counseling. 

Additional Guidance for Counting Stalking

Record each report of Stalking as occurring at only the 

first location within the institution’s Clery Act geography in 

which either the perpetrator engaged in the Stalking course of 

conduct or the victim first became aware of the Stalking. It is 

not necessary for all activities in the course of conduct to occur 

on Clery Act geography in order to count the incident. A 

Stalking incident in which only one or some of the activities 

took place on Clery Act geography must be included in the 

reported statistics. 

A single course of conduct may include varying Stalking 

activities and may include acts committed over electronic 

communication (e.g., emails, texts or social media).

When recording reports of Stalking that include activities 

in more than one calendar year, an institution must record a 

crime statistic for each and every year in which the course of 

conduct is reported to a local police agency or to a campus 

security authority. 

Although not required in the statistical reporting, an 

institution may provide additional information to further 

describe the reports of Stalking included in the crime 

statistics.3

 For example, you may find it useful to explain 

whether a report represents Stalking that continued across

multiple calendar years, whether the Stalking continued despite 

interventions by the institution or other parties, whether it

lasted for a short but intense period or occurred intermittently

over several months, and whether the perpetrator or the victim

was located on or within the institution’s Clery Act geography. 

 

3 This information can be included as text in the Annual Security Report and/or in a caveat box 

of the online survey.

It is not necessary 

for all activities in 

the course of 

conduct to occur 

on Clery Act

geography in 

order to count the 

incident. 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

3-40 The Handbook for Campus Safety and Security Reporting

However, in providing any additional information the 

institution must not include information that will identify the 

victim or the perpetrator.

You are not required to follow up with victims each year 

to determine whether the behavior has continued, although you 

are not precluded from doing so. If the institution learns that 

the behavior has continued into another calendar year, the 

institution must record the behavior as a new report of Stalking 

in that year. Otherwise, institutions must record only reports 

that they receive in each year.

If Stalking occurs on more than one institution’s Clery 

Act geography and is reported to a campus security authority at 

each institution, both institutions must include the Stalking in 

their statistics. Although the Clery Act does not require an

institution that learns of Stalking occurring on another campus

to alert the other campus, other laws may require such an alert 

and we strongly encourage an institution in this situation to do 

so. 

Examples of Stalking 

Scenario 1: A female student reports that she is being followed by a man she met at her job 

at a café off-campus. He began showing up at the café and would not leave her alone. Since 

then she has also noticed him following her around campus and she fears for her safety. 

Include this as one incident of Stalking on-campus since the first occurrence on Clery Act

geography occurred when the victim noticed the perpetrator following her on-campus. 

Scenario 2: Several students belonging to the university association of Hispanic students 

have reported being watched or followed by the same unknown man on various parts of 

campus. All of the students reported fearing for their safety as a result of his behavior but 

none of the students saw the man more than once. Do not include this as Stalking in your 

Clery Act statistics because, given that the man has never approached the same student more 

than once, the course of conduct was not directed at a single individual, 

Scenario 3: A female student reported that she is afraid for her safety because her exboyfriend has been sending harassing emails to her private email account over the past 

several weeks. She opened the first five emails in her off-campus apartment. However, 

earlier that day she opened another email on her mobile phone while walking on campus. 

She came directly to the Campus Police to report the behavior. The location of the 

ex-boyfriend when he was sending the harassing messages is unknown. Include this as one 

on-campus Stalking because the first incident in the course of conduct to occur on Clery Act

geography was the victim reading the email on-campus. 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

The Handbook for Campus Safety and Security Reporting 3-41 

Examples of Stalking (continued)

Scenario 4: A male student reports that his ex-girlfriend has been sending him harassing 

text messages. The ex-girlfriend attends another university 200 miles away. While at home 

over summer break, the ex-girlfriend showed up at the student’s house every day asking if 

he has a new girlfriend at school. Now that he has returned to school, she sends him daily 

text messages threatening to “check-in” on him on-campus. The ex-girlfriend sends these 

text messages late at night and the victim receives them when he is inside his on-campus 

dorm room. Include one incident of Stalking in both the on-campus category and in the oncampus student housing facility category if the male student fears for his safety as a 

result of this behavior. 

Scenario 5: A male student reported a Stalking course of conduct to Campus Police during 

the spring semester. During the investigation, Campus Police established that the first 

incident in the Stalking course of conduct to occur on Clery Act geography took place on 

public property. When the student returned to campus for the fall semester, the Stalking 

continued when the perpetrator repeatedly waited for the victim in the hallway outside the 

victim’s dorm room in an on-campus student housing facility. Since the spring and fall 

Stalking incidents involved the same victim and the same perpetrator, the fall incidents 

should be considered a continuation of the Stalking course of conduct that started in the 

spring. Include this as one Stalking incident on public property. 

Rules for Counting VAWA Offenses

The Hierarchy Rule does not apply to VAWA Offenses.

Therefore, for any Criminal Offense, Hate Crime, or arrest for 

Weapons, Drug or Liquor Law Violations that is also a VAWA

Offense, your statistics must reflect the original offense and the 

VAWA Offense. For example, if an Aggravated Assault is also 

Domestic Violence, include the incident as one Aggravated 

Assault in the Criminal Offenses category and as an incident of 

Domestic Violence in the VAWA Offenses category. 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

3-42 The Handbook for Campus Safety and Security Reporting

Arrests and Disciplinary Referrals for 

Violation of Weapons, Drug Abuse and 

Liquor Laws 

Arrests and referrals citation

34 CFR 668.46(c)(1)(ii)

The fourth category of crime statistics you must disclose 

is the number of arrests and the number of persons referred 

for disciplinary action for the following law violations: 

1. Weapons: Carrying, Possessing, Etc.; 

2. Drug Abuse Violations; and

3. Liquor Law Violations. 

You must report statistics for violations of the law that 

occur on your Clery Act geography and result in arrests or 

persons being referred for disciplinary action. Do not 

include violations of your institution’s policies that resulted in 

persons being referred for disciplinary action if there was no 

violation of the law. For example, if a student of legal drinking 

age in the state in which your institution is located violates 

your institution’s “dry campus” policy and is referred for 

disciplinary action don’t include that incident in your Clery Act

statistics because the referral was not the result of a law 

violation. Because state laws and local ordinances vary widely, 

you need to ascertain the specific laws and ordinances that 

apply to your institution. 

If an individual is both arrested and referred for 

disciplinary action for an offense, include only the arrest in 

your statistics. 

Note that arrests and referrals for these law violations 

are not covered by the Hierarchy Rule used to count 

Criminal Offenses. Therefore, you must count arrests for 

Weapons, Drug Abuse and Liquor Law Violations in 

addition to the most serious Criminal Offense when 

occurring in a single incident. For example, if an Aggravated 

Assault is committed with the use of a firearm in violation of a 

weapons law, count both the Aggravated Assault and the arrest 

or referral for the Weapons Law Violation.

Do not include 

violations of your 

institution’s 

policies that 

resulted in 

persons being 

referred for 

disciplinary action 

if there was no 

violation of the 

law. 

Note that arrests 

and referrals for 

these law 

violations are not 

covered by the 

Hierarchy Rule 

used to count 

Criminal Offenses. 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

The Handbook for Campus Safety and Security Reporting 3-43 

Arrest for Clery Act purposes is defined as persons 

processed by arrest, citation or summons. 

Classify as arrests:

• Those persons arrested and released without a formal 

charge being placed against them. (An arrest has 

occurred when a law enforcement officer detains an 

adult with the intention of seeking charges against the 

individual for a specific offense(s) and a record is 

made of the detention.) 

• Juveniles taken into custody or arrested but merely 

warned and released without being charged. A 

juvenile should be counted as “arrested” when the 

circumstances are such that if the individual were an 

adult, an arrest would have been counted. 

• Any situation where a young person, in lieu of actual 

arrest, is summoned, cited or notified to appear 

before the juvenile or youth court, or similar official 

for a violation of the law. 

• Only violations by young persons where some police 

or official action is taken beyond a mere interview, 

warning or admonishment. 

Do not classify as arrests incidents in which:

• Police contact a juvenile who has not committed an 

offense.

• Police take a juvenile into custody for his or her own 

protection, but the juvenile did not commit a crime. 

• Officers make call backs or follow-up contacts with 

young offenders for the purpose of determining their 

progress. 

• An individual makes a “citizen’s arrest.” 

• The arrest was for something other than a violation of 

a weapons, drug abuse or liquor law (e.g., an arrest 

for an Aggravated Assault). 

• A civil citation is issued.
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

3-44 The Handbook for Campus Safety and Security Reporting

Rules for Counting Arrests for Weapons: 

Carrying, Possessing, Etc., Drug Abuse 

Violations; and Liquor Law Violations 

• Count the number of arrests for Weapons: Carrying, 

Possessing, Etc., the number of arrests for Drug 

Abuse Violations and the number of arrests for 

Liquor Law Violations. 

• If a single incident involving a Liquor Law Violation 

resulted in the arrest of 10 students, count this as 10 

arrests.

• If the same person is arrested for multiple incidents in 

the same calendar year (e.g., one arrest in February 

and one arrest in March), count this as two arrests. 

Count this as two arrests even when both arrests are 

for the same type of violation (e.g., both were Drug 

Abuse Violations). 

• If an individual is arrested for one type of law 

violation and referred for disciplinary action for a 

different type of law violation during a single 

incident (e.g., arrested for a Drug Abuse Violation 

and referred for a Liquor Law Violation), count only 

the arrest.

• If a person is both arrested and referred for 

disciplinary action for a single incident involving a 

law violation (e.g., a Drug Abuse Violation), count 

only the arrest. 

• If a person is arrested for multiple violations during a 

single incident (e.g., violations of both drug abuse 

and liquor laws), law enforcement or security officer 

discretion should be used to determine which 

violation to count. We recommend that you 

document the justification for this determination. 

Officer discretion is allowed only for Weapons, Drug 

Abuse and Liquor Law Violation arrests resulting 

from a single incident.

Do not combine statistics for arrests and persons referred 

for disciplinary action. 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

The Handbook for Campus Safety and Security Reporting 3-45 

Documentation of the arrest must be maintained for 

purposes of Clery Act compliance for three years from the 

latest publication of the annual security report to which they 

apply, even if the record is expunged by the court. (See 

Chapter 9 for more on documentation requirements.) 

Referred for disciplinary action is defined as the 

referral of any person to any official who initiates a 

disciplinary action of which a record is established and which 

may result in the imposition of a sanction. 

The disciplinary process at your institution might be 

called “disciplinary action,” “mediation,” “judicial process” or 

some other term. The referral may, but doesn’t have to, 

originate with the police. Regardless of what you call it, if the 

process involves the following three criteria, it’s a disciplinary 

action under the Clery Act: 

• The official receiving the referral must initiate a 

disciplinary action,

• A record of the action must be established, and 

• The action may, but does not have to, result in a 

sanction. 

Note that a disciplinary action can be initiated in an 

informal as well as a formal manner. It can include an 

interview or an initial review of names submitted to an official. 

So too, sanctions can be formal or informal, punitive or 

educational. For example, requiring completion of a “Dangers 

of Alcohol” education seminar in lieu of an arrest for underage 

alcohol possession must be included as one referral for 

disciplinary action for a Liquor Law Violation.

Documentation of the referral must be maintained for 

purposes of Clery Act compliance for three years from the 

latest publication of the annual security report to which they 

apply. (See Chapter 9 for more on documentation 

requirements.)
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

3-46 The Handbook for Campus Safety and Security Reporting

Rules for Counting Referrals for Disciplinary 

Action for Weapons: Carrying, Possessing, Etc., 

Drug Abuse Violations; and Liquor Law 

Violations 

• Count the number of persons who were referred for 

Weapons: Carrying, Possessing, Etc., the number 

referred for Drug Abuse Violations and the number 

referred for Liquor Law Violations. 

• Do not count the number of persons who were 

referred for disciplinary action solely for violation of 

institutional policy. Only count the number of 

persons referred for violations of the law. 

• If a person is referred for disciplinary action for 

multiple incidents in the same calendar year (e.g., one 

referral in February and one referral in March), count 

this as two referrals for disciplinary action. It is 

counted as two referrals even if both referrals are for 

the same type of violation (e.g., both were Drug 

Abuse Violations). 

• If an individual is arrested for one type of law 

violation and referred for disciplinary action for a 

different type of law violation during a single 

incident (e.g., arrested for a Drug Abuse Violation 

and referred for a Liquor Law Violation), count only 

the arrest.

• If a person is referred for disciplinary action for 

multiple violations during a single incident 

(e.g., violations of both drug abuse and liquor laws), 

law enforcement or security officer discretion should 

be used to determine which violation to count. We 

recommend that you document justification for this 

determination. Officer discretion is allowed only for 

Weapons, Drug Abuse and Liquor Law Violation 

referrals resulting from a single incident.

• If a person is issued a civil citation for a law violation 

(e.g., in lieu of an arrest) do not count as an arrest. If 

the person is also referred for disciplinary action for 

the same violation, count the disciplinary referral.
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

The Handbook for Campus Safety and Security Reporting 3-47 

How to Classify the Law Violations 

1. Weapons: Carrying, Possessing, Etc., is defined as 

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. This 

classification encompasses weapons offenses that are 

regulatory in nature. 

Classify as a Weapons: Carrying, Possessing, Etc., 

Violation: 

• Manufacture, sale, or possession of deadly weapons. 

• Carrying deadly weapons, concealed or openly. 

• Using, manufacturing, etc., of silencers.

• Furnishing deadly weapons to minors. 

• Aliens possessing deadly weapons. 

• Attempts to commit any of the above.

This type of violation is not limited to “deadly” weapons; 

it also applies to weapons used in a deadly manner. For 

example, if there is a local or state law prohibiting the 

possession of brass knuckles, and an individual is arrested for 

possessing them on your Clery Act geography, the arrest must 

be included in your Clery Act statistics. 

2. Drug Abuse Violations are defined as 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. Arrests for violations of state and 

local laws, specifically those relating to the unlawful 

possession, sale, use, growing, manufacturing and making of 

narcotic drugs. 

The relevant substances include opium or cocaine and 

their derivatives (morphine, heroin, codeine); marijuana; 

synthetic narcotics—manufactured narcotics that can cause true 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

3-48 The Handbook for Campus Safety and Security Reporting

addiction (Demerol, methadone); and dangerous non-narcotic 

drugs (barbiturates, Benzedrine). 

Classify as a Drug Abuse Violation: 

• All drugs, without exception, that are illegal under 

local or state law where your institution is located. 

This means that if you have campuses in different 

states, the laws may differ for each of them. 

• All illegally obtained prescription drugs. 

Do not classify as a Drug Abuse Violation: 

• Possession of a small amount of marijuana in states 

that have decriminalized this conduct, meaning that 

the conduct is no longer a criminal offense. Referrals 

that occur for this decriminalized conduct should not 

be counted for Clery Act reporting purposes. 

• Use of legally obtained, personal prescription drugs 

used by the owner in a manner not consistent with the 

instructions provided by the physician. 

3. Liquor Law Violations are defined as 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. 

Classify as a Liquor Law Violation: 

• The manufacture, sale, transporting, furnishing, 

possessing, etc., of intoxicating liquor. 

• Maintaining unlawful drinking places. 

• Bootlegging. 

• Operating a still.

• Furnishing liquor to a minor or intemperate person. 

• Underage possession. 

• Using a vehicle for illegal transportation of liquor. 

• Drinking on a train or public conveyance. 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

The Handbook for Campus Safety and Security Reporting 3-49 

• Attempts to commit any of the above. 

Do not classify as a Liquor Law Violation: 

• Drunkenness (unless state law classifies drunkenness 

as internal possession and a violation of possession 

laws). 

• Driving under the influence. 

We recommend that you review your state laws and local 

ordinances to determine all of the applicable Weapons, Drug 

Abuse and Liquor Law Violations in your jurisdiction.

Examples of Arrests and Referrals 

Scenario 1: In an on-campus student housing facility room three underage students and a 

nonstudent are found drinking alcohol in violation of state law. The students are referred for 

disciplinary action, while the nonstudent is given a written citation. Include three referrals 

for Liquor Law Violations in both the on-campus category and in the on-campus student 

housing facility category as well as one arrest for a Liquor Law Violation in the on-campus 

category and in the on-campus student housing facility category. 

Scenario 2: A party at an off-campus, university-owned fraternity house is busted, and 30 

students are both arrested and referred for disciplinary action for state Liquor Law 

Violations by campus police. Include this as 30 noncampus arrests for Liquor Law 

Violations. 

Scenario 3: A 21-year-old student is referred for disciplinary action for possessing a beer at 

an on-campus fraternity house on a “dry” campus. Do not include this incident in your Clery 

Act statistics because no violation of the law occurred. 

Scenario 4: A dozen students are cited for underage drinking by campus police at a popular 

off-campus bar. Do not include these violations in your Clery Act statistics as they occurred 

on private property off campus. 

Scenario 5: A student is referred for disciplinary action for smoking a marijuana cigarette in 

his on-campus dorm room. Because this is his first offense, he is issued a warning and no 

sanction is imposed. A record is established of the action. Include this as one on-campus 

referral and one on-campus student housing facility referral. 

Scenario 6: Two nonstudents are arrested during an on-campus football game for 

possession of cocaine. Include this as two on-campus arrests for Drug Abuse Violations. 

Scenario 7: A student is cited for having a firearm in his or her residence hall room in 

violation of state law. Include this as one arrest for Weapons: Carrying, Possessing, Etc., in 

the on-campus category and one arrest for Weapons: Carrying, Possessing, Etc., in the oncampus student housing facility category. 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

3-50 The Handbook for Campus Safety and Security Reporting

Examples of Arrests and Referrals (continued) 

Scenario 8: A faculty member is referred for disciplinary action for having a firearm in his 

or her office in violation of school policy. The state in which the campus is located does not 

have a law against possessing a firearm on campus. Do not include this incident in your 

Clery Act statistics because there was no violation of the law.

Scenario 9: Police respond to an incident at a noncampus, institution-owned sorority house 

where there are underage students drinking at a party. The officers list all 10 of the students 

in their report, which is forwarded to the campus Judicial Affairs office. A Judicial Affairs 

official interviews the students and finds that two of them had not been drinking. Those 

students are not charged. Judicial Affairs continues the disciplinary process against the eight 

students who were drinking. Include this as 10 noncampus referrals for disciplinary action 

because all 10 students were referred for underage drinking. 

Scenario 10: A resident assistant (RA) has the duty of loading disciplinary information into 

an electronic database. She enters the names of 15 students who were referred for 

disciplinary action as a result of being at an on-campus party where there was underage 

drinking in violation of state law. The RA’s supervisor begins the disciplinary action 

process by reviewing the information in the database. She determines that five of those 

students were present in a location where illegal drinking took place but that these five

students did not violate any liquor laws. Nothing more is done in terms of disciplinary 

action for those five individuals. The disciplinary process continues for the remaining 10 

individuals who were at the party. Include this as 15 referrals for disciplinary action in the 

on-campus category because 15 students were referred for underage drinking. 

Scenario 11: Two students are caught smoking marijuana before class in the stairwell they 

use to access their classroom in a noncampus building. The students are brought before a 

panel of their peers for a disciplinary hearing. The dean of students is present to monitor the 

proceedings. The panel of students determines that the two students broke the law and 

requires them to attend drug abuse counseling sessions at the school health clinic. A record 

of the disciplinary action is established by the institution. Include this as two Drug Abuse 

Violation referrals in the noncampus category. 

Scenario 12: A Burglary occurs at a business down the street from campus. The suspect is 

chased by police and apprehended on campus. The suspect is carrying a firearm in violation 

of state law and arrested for both Burglary and a Weapons Violation while on campus 

property. Include this as one on-campus arrest for Weapons: Carrying, Possessing, Etc. 

Do not include the Burglary in your Clery Act statistics because the Burglary did not occur 

on Clery Act geography. 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

The Handbook for Campus Safety and Security Reporting 3-51 

Unfounded Crimes Unfounded crimes citation

34 CFR 668.46(c)(2)(iii)

Beginning with the reports due in 2015, institutions have 

been required to include in the Web-based survey and the 

annual security report statistics for the total number of crime

reportsthat were ‘‘unfounded’’ and subsequently withheld

from crime statistics during each of the three most recent

calendar years. 

For Clery Act purposes, the standard for unfounding a 

reported crime is very high. You may classify a crime as 

unfounded only after a full investigation by sworn or 

commissioned law enforcement personnel. A crime is considered 

unfounded for Clery Act purposes only if sworn or commissioned

law enforcement personnel make a formal determination 

that the report is false or baseless. Crime reports can be 

properly determined to be false only if the evidence from a 

complete and thorough investigation establishes that the crime

reported was not, in fact, completed or attempted in any

manner. Crime reports can be determined to be baseless only if

the allegations reported did not meet the elements of the offense 

or were improperly classified as crimes in the first place. A 

reported crime cannot be designated ‘‘unfounded’’if no 

investigation was conducted or the investigation was not 

completed. Nor can a crime report be designated 

unfounded merely because the investigation failed to prove 

that the crime occurred; this would be an inconclusive or 

unsubstantiated investigation. As such, for Clery Act

purposes, the determination to unfound a crime can be made 

only when the totality of available information specifically 

indicates that the report was false or baseless.

The recovery of stolen property or the low valuation of 

stolen property is not adequate grounds for unfounding a 

reported Robbery, Burglary, or Larceny-Theft. Similarly with 

regard to sex offenses, subsequent acts or inactions on the part 

of a victim, a witness, or a third party are not an independent 

ground for unfounding a reported crime. A reported crime may 

not be unfounded solely because a victim or witness fails to 

follow an institution’s rules for filing a complaint or is 

unwilling to provide additional information or evidence, or to 

otherwise assist in an investigation or prosecution. Moreover, a 

crime may not be unfounded simply because a complainant 

agrees to execute a “Declination to Prosecute” form or because 

a prosecutor subsequently decides not to pursue criminal 

charges. The mere lack of sufficient evidence to make an arrest 

is not adequate grounds to unfound a crime report either. 

A case cannot be 

designated 

‘‘unfounded’’ if no 

investigation was 

conducted or the 

investigation was 

not completed. 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

3-52 The Handbook for Campus Safety and Security Reporting

Finally, determinations by a coroner, court or jury may not be 

used to unfound reports of offenses or attempts. A verdict that 

a particular defendant is not guilty of a particular charge (or, 

more technically, that there was not sufficient admissible 

evidence introduced demonstrating beyond a reasonable doubt 

that the accused committed the crime) does not mean that the 

crime did not occur. The inclusion of a reported crime in the 

Clery Act statistics is not based on the identity of a specific 

perpetrator. 

Aid for Counting Unfounded Crimes

To count a crime as unfounded for Clery Act purposes, the 

reported crime must have been

• a Clery Act crime; 

• reported to have occurred on Clery Act geography;

• thoroughly investigated by sworn or commissioned 

law enforcement personnel; and

• found through investigation to be false or baseless, 

meaning that the crime did not occur and was 

never attempted.

Do not count as unfounded crimes:

• Crimes that were initially misclassified. Do not count 

a crime as unfounded if investigation shows that a 

crime has occurred but the initial description of the 

crime was inaccurate. For example, an Aggravated 

Assault is reported to authorities but police 

investigation determines that the crime is Simple 

Assault, not Aggravated Assault. The initial crime 

report was not unfounded. The crime was 

reclassified.

• Crimes that were initially reported as occurring on 

Clery Act geography but determined through 

investigation to have occurred outside of Clery Act

geography.

• Burglary, Robbery, or Larceny-Theft incidents in 

which the property was returned. The crimes still 

occurred. (Unfounded Larceny-Theft would be 

included only if it was reported as a Hate Crime.)
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

The Handbook for Campus Safety and Security Reporting 3-53 

• Reports of Weapons: Carrying, Possessing, Etc. 

Violations, Drug Abuse Violations, or Liquor Law 

Violations in which officers were unable to 

substantiate the report and no arrests were made. For 

example, if an officer investigates a report of 

marijuana smoke and does not find any Drug Abuse 

Violation, the report is unsubstantiated, not 

unfounded. There is no crime to unfound. 

• Reports from local law enforcement of unfounded 

arrests. Arrests cannot be unfounded. 

• Disciplinary referrals in which it is determined 

through the disciplinary process that no law violation 

occurred or no sanction is imposed. Once a student 

has been referred for disciplinary action, a record has 

been initiated and the referral must be counted. 

Disciplinary referrals cannot be unfounded. 

• Reports from local law enforcement of crimes that 

were unfounded because the victim refused to 

cooperate with authorities or there was not enough 

evidence to press charges. To be unfounded, 

investigation must prove that the crime did not occur 

and was never attempted.

• Findings of a judge, jury, disciplinary committee or 

any other person or entity that is not a sworn or 

commissioned law enforcement officer. A district 

attorney may unfound a crime only if he or she is also 

a sworn or commissioned law enforcement officer.

• Reports of crimes where the victim later retracts his 

or her statement, or withdraws a complaint, unless a 

thorough investigation proves that the crime did not 

occur and was never attempted. A victim might 

retract his or her statement because he or she does not 

want to continue to answer questions or is being 

pressured by the perpetrator or other parties. A 

retracted statement or withdrawal of a complaint 

alone is not sufficient evidence to prove that the 

crime did not occur.
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

3-54 The Handbook for Campus Safety and Security Reporting

Do count as unfounded crimes:

• Motor Vehicle Thefts where investigation determined 

that the car was misplaced by the owner and a Motor 

Vehicle Theft did not occur and was never attempted. 

• Burglaries where investigation determined that the 

items were misplaced by the owner and Burglary did 

not occur and was not attempted. 

If a crime is unfounded, it should not be included in the 

Clery Act statistics for the associated crime category, and 

should be removed from any previously reported statistics for 

that crime category. The unfounded crime should be included 

in the total count of unfounded crimes for the year in which the 

crime was originally reported. Consistent with other 

recordkeeping requirements that pertain to the Title IV, HEA

programs, if a crime was not included in the Clery Act statistics 

for the associated crime category because it was unfounded, 

you must maintain accurate documentation of the reported 

crime and the basis for unfounding the crime. This 

documentation must demonstrate that the determination to 

unfound the crime was based on the results of the law 

enforcement investigation and evidence. 

In addition, institutions that have a campus security or 

police department must include all reported crimes in their 

crime log. The crime log must include the nature, date, time 

and general location of each crime, as well as the disposition of 

the complaint. If a crime report is determined to be unfounded, 

you must update the disposition of the complaint to unfounded 

in the crime log within two business days of that determination. 

You may not delete the report from the crime log.

If you disclose a crime statistic and the crime is 

unfounded in a subsequent year, you should revise your 

statistics. Use a caveat to note that the change in a prior year’s 

statistics reflects the unfounding of a crime.
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

The Handbook for Campus Safety and Security Reporting 3-55 

Excluded Crimes

There are some crimes that you should not include in 

your institution’s Clery Act statistics and others that you may 

exclude under particular circumstances. They are:

• Non-Clery Act crimes. If you disclose statistics for 

non-Clery Act crimes, disclose them in a manner 

separate from your Clery Act statistics. (More about 

how to present your statistics in Chapter 9.) 

• Crimes not committed in geographic locations 

specified by the Clery Act. For example, although 

Rape is a Clery Act crime, where it was committed is 

important in determining if the crime must be 

included in the annual security report and the 

Web-based data collection. If a student reports being 

raped over spring break, the statistic for the Rape 

must be included if it occurred on campus, in or on a 

noncampus building or property, or on public 

property as defined by Clery Act regulations. If the 

Rape did not occur in one of these locations, do not 

include it in your Clery Act statistics. 

A Final Reminder ...

Statistics for all Clery Act crimes must be reported by the 

type of crime that was committed, the year in which the crime 

was reported and the geographic location where the crime 

occurred. If you are uncertain about how to classify a specific 

incident for Clery Act reporting, we encourage you to contact 

any law enforcement in your area for assistance.
This page intentionally left blank.
The Handbook for Campus Safety and Security Reporting 4-1 

Collecting Statistics:

Authorities and Law Enforcement 

Agencies 

CHAPTER 4

Now that you know all of the categories of crimes, arrests 

and referrals to disclose and how geography fits into 

compliance with campus safety and security regulations, you 

need to know how to obtain reportable statistics associated 

with that geography. This requirement involves collecting 

information from individuals and organizations associated with 

your institution (i.e., campus security authorities or CSAs) 

about crimes, arrests and referrals that have been reported to 

them, and requesting crime and arrest statistics from local law 

enforcement agencies. We’ll begin by discussing campus 

security authorities. 

Although every institution wants its campus community 

to report criminal incidents to law enforcement, we know that 

this doesn’t always happen. Even at institutions with a police 

department on campus, a student who is the victim of a crime 

may report it to someone other than the campus police. For 

example, a victim of a sexual offense may turn to a resident 

advisor for assistance, or a student whose car was stolen may 

report the theft to the school’s director. For this reason, the 

Clery Act requires all institutions to collect crime reports from 

a variety of individuals and organizations that are considered to 

be “campus security authorities” under the law.

Under the Clery Act, a crime is “reported” when it is 

brought to the attention of a campus security authority, the 

institution’s police department or campus safety office, or local 

law enforcement personnel by a victim, witness, other third 

party or even the offender. It doesn’t matter whether or not the 

individuals involved in the crime, or reporting the crime, are 

associated with the institution. If a campus security authority 

receives a report, he or she must include it as a crime report 

using whatever procedure has been specified by your 

institution. 

What you must include, therefore, are statistics based on 

reports of alleged criminal incidents. It is not necessary for 

the crime to have been investigated by the police or a campus 

It is not necessary 

for the crime to 

have been 

investigated by 

the police or a 

campus security 

authority, nor 

must a finding of 

guilt or 

responsibility be 

made to include 

the reported crime 

in your 

institution’s crime 

statistics. 
Chapter 4. Collecting Statistics: Authorities and Law Enforcement Agencies

4-2 The Handbook for Campus Safety and Security Reporting

security authority, nor must a finding of guilt or responsibility 

be made to include the reported crime in your institution’s 

crime statistics. 

How to Identify Your Institution’s CSAs

Campus security authority 

definition citation

34 CFR 668.46(a)

“Campus security authority” is a Clery Act-specific 

term that encompasses four groups of individuals and 

organizations associated with an institution. 

• A campus police department or a campus security 

department of an institution. If your institution has a 

campus police or security department, all individuals 

who work for that department are campus security 

authorities. A security department can be as small as 

one person. (More about this in Chapter 5.) 

• Any 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).

Include individuals such as those who provide 

security at a campus parking kiosk, monitor access 

into a campus facility, act as event security, such as 

for sporting events or large, registered parties, or 

escort students around campus after dark (including 

other students). 

• 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. As 

mentioned in Chapter 1, your institution must publish 

a number of safety- and security-related policy 

statements. (These are discussed in Chapters 7 and

8.) If you direct the campus community to report 

criminal incidents to anyone or any organization in 

addition to police or security-related personnel, that 

individual or organization is a campus security 

authority. 

• 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
Chapter 4. Collecting Statistics: Authorities and Law Enforcement Agencies

The Handbook for Campus Safety and Security Reporting 4-3 

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. 

Because official responsibilities and job titles vary 

significantly on campuses, we are not providing a list of 

specific job titles. To determine specifically which individuals 

or organizations are campus security authorities for your 

institution, consider the function of that individual or office. 

Look for officials (i.e., not support staff) whose functions 

involve relationships with students. If someone has significant 

responsibility for student and campus activities, he or she is 

a campus security authority. Note that whether or not your 

institution pays an individual is not a factor in determining 

whether that individual is a CSA. Be sure to keep your CSA 

list current so that you do not omit any individual or 

organization that fits the definition of a CSA. 

Examples of individuals (outside of a police or 

security department) who generally meet the criteria for 

being campus security authorities include

• a dean of students who oversees student housing, a 

student center or student extracurricular activities; 

• a director of athletics, all athletic coaches (including 

part-time employees and graduate assistants); 

• a faculty advisor to a student group; 

• a student resident advisor or assistant; 

• a student who monitors access to dormitories or 

buildings that are owned by recognized student 

organizations; 

• a coordinator of Greek affairs; 

• a Title IX coordinator; 

• an ombudsperson (including student 

ombudspersons); 

• the director of a campus health or counseling center; 

• victim advocates or others who are responsible for 

providing victims with advocacy services, such as 

Be sure to keep 

your CSA list 

current so that 

you do not omit 

any individual or 

organization that 

fits the definition 

of a CSA. 
Chapter 4. Collecting Statistics: Authorities and Law Enforcement Agencies

4-4 The Handbook for Campus Safety and Security Reporting

assisting with housing relocation, disciplinary action 

or court cases, etc.; 

• members of a sexual assault response team (SART) 

or other sexual assault advocates; and

• officers from local law enforcement who are 

contracted by the institution to provide campus 

safety-related services.

If your institution directs students or employees to report 

crimes to other individuals, then those individuals are also 

CSAs. These individuals could include 

• physicians in a campus health center; 

• counselors, including peer counselors (except for 

professional or pastoral counselors addressed later in 

this chapter); and 

• health educators, including peer health educators. 

Examples of individuals who would not meet the 

criteria for being campus security authorities include

• a faculty member who does not have any 

responsibility for student and campus activity beyond 

the classroom; and 

• clerical or cafeteria staff. 

The total number of CSAs at your institution depends on 

the number of individuals or organizations involved in security 

or that have significant responsibility for student and campus 

activities, not on the size of your school. Even a small school 

can have a number of CSAs. For example, your school may 

have a director, a registrar and a faculty advisor who fit the 

CSA definition. On the other hand, perhaps only the director 

fits the definition. If your school does not have security 

personnel but has one administrator who has all of the 

responsibility for student and campus activities at the school, 

that administrator is your only CSA. 

Remember, too, that because personnel and job positions 

can change, someone who is a CSA one year might not be a 

CSA the following year or vice versa. For example, suppose 

that you have a computer science instructor who is teaching at 
Chapter 4. Collecting Statistics: Authorities and Law Enforcement Agencies

The Handbook for Campus Safety and Security Reporting 4-5 

the main campus. She isn’t a CSA because she doesn‘t have 

any responsibility for student and campus activity beyond the 

classroom. The following year, this instructor is teaching 

computer science at one of your institution’s noncampus

locations. Because there aren’t any security personnel on site, 

your institution’s security policy identifies this instructor as the 

person to whom students should report crimes or other 

emergencies that occur there. This instructor is now a campus 

security authority. Institutions are advised to reevaluate the 

CSA status of all employees (including student employees) on 

at least an annual basis and document the rationale of the 

determinations.

Please note that, while there may be some overlap, 

persons considered to be CSAs for Clery Act reporting are not 

necessarily the same as those defined as “responsible 

employees” for Title IX. 

What Does a Campus Security 

Authority Do? 

The function of a campus security authority is to report 

to the official or office designated by the institution to collect 

crime report information, such as the campus police or security 

department, those allegations of Clery Act crimes that he or she 

receives. CSAs are responsible for reporting allegations of 

Clery Act crimes that are reported to them in their capacity as a 

CSA. This means that CSAs are not responsible for 

investigating or reporting incidents that they overhear students 

talking about in a hallway conversation; that a classmate or 

student mentions during an in-class discussion; that a victim 

mentions during a speech, workshop, or any other form of 

group presentation; or that the CSA otherwise learns about in 

an indirect manner. 

While there may 

be some overlap, 

persons 

considered to be 

CSAs for Clery Act

reporting are not 

necessarily the 

same as those 

defined as 

“responsible 

employees” for 

Title IX. 
Chapter 4. Collecting Statistics: Authorities and Law Enforcement Agencies

4-6 The Handbook for Campus Safety and Security Reporting

Examples of Collecting Crime Information

Scenario 1: A resident assistant who has been identified as a CSA is told by a fellow 

student that she has been raped and is seeking emotional and medical support. The resident 

assistant should forward the report to the institution’s designated official for inclusion in 

the statistics regardless of whether the victim chooses to file a report with law enforcement 

or press charges. 

Scenario 2: A student mentions to her boyfriend that a number of rooms on her dorm 

floor were broken into during the previous night’s football game. Later that day, her 

boyfriend tells the athletics director (AD) what he heard. The AD asks which dorm it was 

and what, if anything else, the boyfriend knows about the incident. The AD should 

document the information and forward it to the school’s campus security department or the 

institution’s designated official for inclusion in the statistics per the school’s crime 

reporting policy. 

Scenario 3: Ms. Jones, director of Student Housing at your school, gets a call from the 

director of a counseling center in town. The caller wants to let the director know that four 

students from the school sought assistance at the center and told the center’s counselors 

that they had been sexually assaulted on campus and were seeking emotional support. 

They did not want police investigations. These are third-party reports and Ms. Jones, 

having no reason to believe that they were not made in good faith, should document all of 

the information she was given and forward the reports to the person or office responsible 

for collecting Clery Act crime reports at her institution. 

Scenario 4: Jane, a resident advisor, is attending a Take Back the Night rally at her 

school. She attends the event as a participant and is not involved in providing any 

counseling services. As part of the event’s programming, a student gives a speech in 

which she says that she was raped on campus last year. In response to hearing the speech, 

three other students decide to address the crowd and disclose their own experiences being 

sexually assaulted. After the event, Jane returns to her room where a student from her 

housing facility knocks on her door and tells her that she was sexually assaulted at an oncampus party in another housing facility three months ago. Jane should forward the report 

of the incident that was reported to her as she was acting in her capacity as an RA for her 

housing facility. Jane should not report the Sexual Assaults that she heard discussed at the 

Take Back the Night event. 

What Shouldn’t a Campus Security 

Authority Do?

A campus security authority is not responsible for 

determining authoritatively whether a crime took place—that is 

the function of law enforcement personnel. A campus security 

authority should not try to apprehend the alleged perpetrator of 

the crime. That too is the responsibility of law enforcement. 
Chapter 4. Collecting Statistics: Authorities and Law Enforcement Agencies

The Handbook for Campus Safety and Security Reporting 4-7 

It’s also not a CSA’s responsibility to try and convince a victim 

to contact law enforcement if the victim chooses not to do so. 

Exemption for Pastoral and 

Professional Counselors

Campus security authority 

exemptions citation

34 CFR 668.46(a)

There are two types of individuals who, although they 

may have significant responsibility for student and campus 

activities, are not campus security authorities under the Clery 

Act:

• Pastoral counselor: A person who is associated with 

a religious order or denomination, is recognized by 

that religious order or denomination as someone who 

provides confidential counseling, and is functioning 

within the scope of that recognition as a pastoral 

counselor. 

• Professional counselor: A person whose official 

responsibilities include providing mental health 

counseling to members of the institution’s community 

and who is functioning within the scope of the 

counselor’s license or certification. This definition 

applies even to professional counselors who are not 

employees of the institution, but are under contract to 

provide counseling at the institution. 

The pastoral or professional counselor exemption is 

intended to ensure that these individuals can provide 

appropriate counseling services without an obligation to report 

crimes they may learn about. This exemption is intended to 

protect the counselor-client relationship. However, even the 

legally recognized privileges acknowledge some exemptions, 

and there may be situations in which counselors are in fact 

under a legal obligation to report a crime. 

To be exempt from disclosing reported offenses, pastoral 

or professional counselors must be acting in the role of pastoral 

or professional counselors. State licensing requirements for 

professional counselors typically include completion of a 

minimum of 3,000 hours of post-master’s degree supervised 

clinical experience, performed within two years before a 

license is awarded. If an unlicensed counselor has completed 

his or her master’s degree course work, and is acting in the role 

of a licensed counselor under the supervision of a licensed 

professional in order to gain the required supervised clinical 
Chapter 4. Collecting Statistics: Authorities and Law Enforcement Agencies

4-8 The Handbook for Campus Safety and Security Reporting

experience in a two-year period, he or she would be exempt 

from CSA requirements. An example is a Ph.D. counselortrainee acting under the supervision of a professional counselor 

at the institution. However, a dean of students who has a 

professional counselor’s license but is employed by the 

institution only as a dean and not as a counselor, is not exempt 

from reporting. If that same dean is employed by the institution 

as both a professional counselor and an academic counselor, 

and she learns of a criminal incident while she is engaged in 

academic counseling, she is not exempt from reporting that 

incident. Note also, that if your institution has an individual 

with dual roles, one as a professional or pastoral counselor and 

the other as an official who qualifies as a CSA, and the roles 

cannot be separated, that individual is considered a campus 

security authority and is obligated to report Clery Act crimes of 

which they are aware.

An individual who is counseling students and/or 

employees, but who does not meet the Clery Act definition of a 

pastoral or professional counselor, is not exempt from being a 

campus security authority if they otherwise have significant 

responsibility for student and campus activities. This may 

include a triage nurse at the student health center or crisis 

intervention staff at the rape crisis clinic at your institution.

In most cases it is possible for a CSA to fulfill his or 

her responsibilities while still maintaining victim 

confidentiality. CSA reports are used by the institution to 

compile statistics for Clery Act reporting and to help determine 

if there is a serious or continuing threat to the safety of the 

campus community that would require an alert (i.e., a timely 

warning or emergency notification discussed in Chapter 6). 

However, those responsibilities can usually be met without 

disclosing personally identifying information.4 A CSA report 

does not need to automatically result in the initiation of a 

police or disciplinary investigation if the victim does not want 

to pursue this action. 

 

4 “Personally identifying information” is defined in section 40002(a)(20) of the Violence 

Against Women Act of 1994 and is incorporated into the Clery Act regulations; therefore, this 

handbook uses the term “personally identifying information” when discussing Clery Act

requirements.
Chapter 4. Collecting Statistics: Authorities and Law Enforcement Agencies

The Handbook for Campus Safety and Security Reporting 4-9 

Recommendations 

The Clery Act regulations do not address coordinating 

your crime reporting process or training your campus security 

authorities. However, because the role of CSAs is vital to 

compliance with the law, many schools have requested 

suggestions for doing so. The following section addresses those 

requests by providing recommendations—not 

requirements—which your school can adapt to meet its 

unique configuration and needs. As you read them, please keep 

in mind that the effort and coordination needed to comply with 

the requirement to collect crime reports varies significantly 

depending on several factors, such as the size of your school, 

the number of individuals or offices that meet the campus 

security authority definition, whether your school has law 

enforcement or security personnel and whether you provide 

student housing. 

• Designate an individual or office to coordinate and 

oversee your campus security authorities.

This can be particularly helpful for schools with a large 

number of CSAs. Assign someone who is knowledgeable about 

the Clery Act to coordinate everything from identifying your 

institution’s CSAs to making sure all CSAs provide 

information on any crimes reported to them. 

Rather than assuming that because a CSA hasn’t 

forwarded a crime report to the appropriate individual or office 

no crimes were reported to that CSA, a coordinator can be 

charged with canvassing each CSA to request crime reports 

from them. CSAs who don’t have crimes to report can be asked 

to document this in writing. This could be as simple as writing 

a statement that reads, “From ______to _____ I was not aware 

of, and did not receive, any reports of criminal incidents, 

arrests or disciplinary actions for Clery Act crimes.” Even if 

crime reports are submitted online, it’s a good idea to ask 

CSAs to indicate if they have no crimes to report. 

• Make sure your campus security authorities know 

they are campus security authorities. 

To do this, we suggest that you update the job 

descriptions of individuals at your institution who fit the 

definition of a CSA. Make this designation an official part of 

their job description so that they know what’s required of them. 

You may also want to contact all CSAs annually in writing to 
Chapter 4. Collecting Statistics: Authorities and Law Enforcement Agencies

4-10 The Handbook for Campus Safety and Security Reporting

remind them of this obligation. Because of turnover, or a 

change in job descriptions, you may have to notify some 

individuals mid-year. 

• Provide training. 

CSAs have an important job to do and providing them 

with training will help to ensure that they do it properly. 

Training can be provided in a variety of ways, ranging from 

sending materials in an e-mail to face-to-face meetings that 

include PowerPoint presentations and training manuals. 

Whatever form your training takes, page 4-11 provides some 

elements you might want to include. 

• Forward crime reports to your campus police or 

security department, if you have one. 

Provide a simple mechanism for CSAs to report 

information to the person or office responsible for compiling 

the institution’s crime statistics. CSA crime reports should 

include sufficient detail, such as dates and locations, and, 

where appropriate, personally identifying information, 

including name and contact information if available. Encourage 

CSAs to immediately forward reports of crimes to the 

designated officials, whether they be your campus police or 

security department if you have one, or to another official 

charged with this responsibility. This is because a CSA crime 

report may be the basis for determining if there is a serious or 

continuing threat to the safety of the campus community that

would require an alert (i.e., a timely warning or emergency 

notification). Also, if your institution has a campus police or 

security department and a crime is reported to a nonpolice/security CSA, the report should be forwarded to your 

campus police or security department so that it will be entered 

in your institution’s daily crime log in a timely manner. (More 

about the crime log in Chapter 5.) 

• Keep documentation of all crime reports. 

Keep hard copy or electronic documentation for all CSAreported crimes and make sure that more than one person 

knows where the documentation is kept. If there is reason to 

believe that a crime report was not made in good faith, and 

your institution does not include the reported incident in its 

crime statistics, we strongly suggest that you document the 

justification for not including the crime in those statistics.
Chapter 4. Collecting Statistics: Authorities and Law Enforcement Agencies

The Handbook for Campus Safety and Security Reporting 4-11 

If your institution contracts with a third party to provide 

security services, ensure that the contracted company shares 

documentation of all incidents so that you can meet Clery Act

requirements for retaining records. As discussed further in 

Chapter 9, you must retain all records used in compiling your 

annual security report for three years from the latest 

publication of the report to which they apply. 

Figure 5. Suggested Training Elements for Campus Security Authorities

Describe the role of a CSA—The Clery Act is a federal law that requires the institution to 

identify individuals and organizations that meet the definition of a campus security 

authority. CSAs have an important role in ensuring that the school complies with the law.

Explain that CSA crime reports are used by the school to 

• fulfill its responsibility to annually disclose accurate crime statistics; and 

• to issue or facilitate the issuance of timely warnings or emergency notifications 

for crimes that pose a serious or continuing threat to the campus community. 

If an individual reporting an incident needs assistance, a CSA should explain how to get 

help. Let a victim know that help is available even if he or she does not want an 

investigation conducted. The decision to act on this option is the victim’s. In the midst of 

an emergency situation, such as a physical assault, however, a CSA should contact the 

campus police or call 911, as appropriate. 

Provide reporting materials—Good recordkeeping can help minimize the chances of 

double reporting crimes. Suggested materials are

• descriptions, a map, or both, of the school’s Clery Act geography; 

• a list of Clery Act crimes and definitions; and

• hard copy or electronic Crime Report forms for documenting criminal incidents.

Discuss the importance of documentation—Explain that if a CSA is unsure of whether 

an incident is a Clery Act crime, or even if it’s criminal in nature, they should report it.

• Stress the importance of providing as much information about a reported incident 

as possible to aid law enforcement in addressing and categorizing the crime. 

• Explain that CSA crime reports should include personally identifying 

information if available. This is important for law enforcement purposes and to 

avoid double counting crimes. If a victim doesn’t want the report to go any 

further than the CSA, the CSA should explain that he or she is required to submit 

the report for statistical purposes, but it can be submitted without identifying the 

victim. 

Emphasize the need for timely report submission—Explain that if a crime is reported to 

a CSA, but goes no further than that, the school won’t have fulfilled its obligation under 

the law, and campus community members might not have the information they need to stay 

safe on campus. Instruct CSAs on

• how to submit their crime reports in a timely manner; and 

• to whom reports should be submitted.
Chapter 4. Collecting Statistics: Authorities and Law Enforcement Agencies

4-12 The Handbook for Campus Safety and Security Reporting

Requesting Statistics From Local Law 

Enforcement Agencies Requesting local police 

statistics citation

34 CFR 668.46(c)(9)

In addition to collecting crime reports from campus 

security authorities, the Clery Act requires that every institution 

make a “reasonable, good-faith effort” to obtain Clery Act

crime statistics from all local law enforcement agencies that 

have jurisdiction over the school’s Clery Act geography. Local 

law enforcement agencies do not include your campus police 

or security department (if you have one). The campus police 

and security departments are campus security authorities. 

Local law enforcement refers to outside law enforcement 

agencies or departments with jurisdiction over some or all 

of your Clery Act geography. If there are several agencies 

involved, for example, city police, tribal police, the county or 

parish sheriff’s office and state police, you must request 

statistics from all agencies with jurisdiction over areas in your 

school’s Clery Act geography. You don’t need to request 

statistics from local agencies that only provide court security, 

administer the jail, transport prisoners or serve papers, etc. 

You must ask for law enforcement statistics for Clery Act

crimes that occurred on any area included in your institution’s 

Clery Act geography: on campus, public property and 

noncampus locations, if you have any. It doesn’t matter what 

the institution’s relationship is with local law enforcement, nor 

does it matter if you’ve requested Clery Act statistics from 

them in the past and haven’t gotten a response; you must make 

the request annually. If your institution has multiple campuses, 

each campus must make this request to the appropriate local 

law enforcement agencies. And remember, if your institution 

has an additional campus in a foreign country, that campus also 

has an obligation to make a good-faith effort to obtain statistics 

from local law enforcement authorities in that area. 

Good-faith Effort 

The Clery Act doesn’t require local law enforcement 

agencies to provide institutions with crime statistics. If you 

make a reasonable, good-faith effort to obtain the statistics, 

your institution is not responsible for the failure of the local or 

state police agency to supply them. The law states that an 

institution “may rely on the information supplied” by a local or 

state police agency. The phrase “may rely on” means that an 

institution is not required to verify the accuracy of the statistics 

that are provided; however, you are required to ensure that the 

You must ask for 

law enforcement 

statistics for Clery 

Act crimes that 

occurred on any 

area included in 

your institution’s 

Clery Act

geography: on 

campus, public 

property and 

noncampus

locations, if you 

have any. 
Chapter 4. Collecting Statistics: Authorities and Law Enforcement Agencies

The Handbook for Campus Safety and Security Reporting 4-13 

statistics you receive cover your Clery Act geography and not 

other areas. Remember that, in most cases, you will need to 

request only crime statistics, not the actual law enforcement 

reports, unless there are known issues with the way incidents 

were classified by a particular law enforcement agency. 

That said, you should be aware of red flags that alert you 

to the possibility that an agency misunderstood your request. In 

such a case, you should contact the agency for clarification. 

Red flags include: 

• Statistics for Burglaries on public property: A 

Burglary is the unlawful entry of a structure to 

commit a felony or a theft. A structure has four walls, 

a roof and a door. To be a Burglary on public 

property, there must be an element of trespass into a 

public structure on public land within your campus or 

immediately bordering your campus. For most 

institutions, public property is the public sidewalk, 

street and opposite sidewalk bordering the campus. 

Some institutions may also have public parking 

facilities in their public property category. A 

Burglary in this category is a rare event.

• Large numbers of crimes on public property: Public 

property is narrowly defined by the Clery Act. Large 

numbers may indicate statistics for private homes and 

businesses or for an entire police jurisdiction. 

• Missing geography: The statistics you received are 

for crimes that occurred only on public property; 

however, you are certain that there were on-campus 

Clery Act crimes that were reported to the local 

police department. This indicates that the police did 

not understand that you wanted statistics for all of 

your Clery Act geography: on campus, public 

property and noncampus locations, if you have any. 

• Statistics for Incest and Statutory Rape. Because one 

doesn’t expect many of these crimes on Clery Act

geography, it’s very likely that the crimes were 

committed in locations other than your Clery Act

geography. 
Chapter 4. Collecting Statistics: Authorities and Law Enforcement Agencies

4-14 The Handbook for Campus Safety and Security Reporting

How Do You Obtain Statistics From Local Law 

Enforcement? 

Other than making a good-faith effort, the Clery Act

doesn’t specify how an institution has to obtain the statistics. 

For institutions that are not experienced in these matters, we 

offer the following suggestions: 

• Determine the correct law enforcement authorities 

and develop a relationship with them. 

You should request statistics from every law 

enforcement agency that has jurisdiction over areas in 

your institution’s Clery Act geography. If you are 

unsure where to begin, call your local area 

information number (generally 411), and give your 

institution’s address to the operator. He or she can 

give you the telephone number of the local police 

who respond to calls for your location. You can also 

find this information on the Internet by searching for 

“law enforcement” along with the zip code in which 

your institution is located.

Call that agency, and ask to speak with a supervisor 

or public affairs office. They should be able to point 

you to the appropriate person. Ask that individual 

what other law enforcement agencies have concurrent 

jurisdiction in the area where your institution is 

located. Be sure to include state law enforcement 

agencies. Remember to provide addresses for 

noncampus buildings or property if your institution 

has any. If you have an out-of-state noncampus 

location, you need to ask for the local law 

enforcement agency number for that zip code as well. 

(A sample letter to a law enforcement agency is 

included in Appendix B.) 

• Contact local law enforcement early in the year.

Contact agencies early in the calendar year for crime 

statistics for the previous year. Agencies, particularly 

those with extensive jurisdictions or those with a very 

small number of personnel, need time to collect the 

information you request. Providing them adequate 

advance notice may increase your chances of getting 

the requested statistics in a timely manner.
Chapter 4. Collecting Statistics: Authorities and Law Enforcement Agencies

The Handbook for Campus Safety and Security Reporting 4-15 

• Document your good-faith effort to obtain the 

statistics, including follow-up requests. 

After you know who or what department to contact at 

each agency, we suggest that you write a letter, on 

your institution’s official letterhead, if possible, 

explaining the following: 

What you need. Ask for statistics for all Clery Act

crimes for

• your campus; 

• on-campus student housing facilities, if you have 

any; 

• public property; and

• noncampus buildings or property, if you have any. 

Provide a list of the applicable crimes and addresses for 

your buildings and property. Be very specific about what 

constitutes public property for Clery Act reporting 

purposes. For example, ask for “crime statistics for the 

sidewalk, street and opposite sidewalk between the 1200 and 

1400 blocks on Elm Street,” rather than “crime statistics for 

public property around the school.” State that you do not need 

statistics about crimes at private homes or businesses. If your 

institution uses a map to identify its Clery Act geography, 

include the map with your request. 

Why you need it. State that the information is required 

by the federal Clery Act for disclosure in an annual security 

report and a Web-based data collection. 

The format in which you need it provided—

preferably in writing (either paper or electronic). Ask for 

statistics for crimes classified according to the UCR. If the 

local police agency does not use UCR classifications, and can’t 

provide them, ask what classifications are used (e.g., state 

crime classifications).

When you need it. Explain that you must disclose the 

statistics by Oct. 1 and suggest a reasonable deadline that will 

allow you some leeway. It may take considerable time and 

effort to review the statistics to prevent double counting the 

crimes reported by your institution’s CSAs and the crime 

statistics reported by local law enforcement agencies. 
Chapter 4. Collecting Statistics: Authorities and Law Enforcement Agencies

4-16 The Handbook for Campus Safety and Security Reporting

Where it should be sent. Provide your institution’s 

mailing or e-mail address.

To whom it should be sent. Provide the name and title 

of the person who is responsible for collecting these data for 

your institution. 

Even if you make a phone call asking for this 

information, we suggest that you follow up with a letter or an 

e-mail for the purpose of documenting your good-faith effort. 

Also document any response, or lack of response, from each 

agency that you contact. If your deadline for disclosing the 

crime statistics is fast approaching and you haven’t heard from 

an agency, contact them again and inquire about the status of 

your request. 

What to Do If You Are Directed to a Website 

In some jurisdictions, local law enforcement statistics are 

available on a public access website. In this case, the police 

may instruct you to visit the site to obtain the statistics. If you 

can identify the statistics for your school’s Clery Act

geography from the statistics, and you can confirm that the 

website is up-to-date, this is an acceptable means of meeting 

the requirement. You are still, however, required by law to 

make an initial request for statistics annually directly to the 

agency.

What to Do If an Agency Requests Payment for 

the Statistics 

If an agency requests payment in return for providing 

your institution with statistics, you may pay the agency, but 

you are not required to do so. 

What to Do If You Obtain Non-UCR Statistics 

The Clery Act requires institutions and the Department to 

use the definitions of crimes in the FBI’s Uniform Crime 

Reporting Program when compiling crime statistics for Clery 

Act purposes, but not all law enforcement agencies use these 

definitions. If you know that the statistics you obtained aren’t 

classified according to UCR definitions, and you have campus 

police personnel familiar with UCR definitions, they might be 

able to reclassify the crimes. For example, if under the Robbery 

classification you received statistics for “robbery of an 

apartment” or “safe robbery,” the UCR equivalent would be 
Chapter 4. Collecting Statistics: Authorities and Law Enforcement Agencies

The Handbook for Campus Safety and Security Reporting 4-17 

“Burglary.” (See “Burglary” in Chapter 3.) An incident 

classified by some agencies as “breaking and entering with 

intent to commit a larceny,” is also classified as “Burglary” in 

the UCR. You can also request clarification from the local law 

enforcement agency if you are not sure how a crime should be 

listed. If you cannot reclassify the statistics, include them in 

your disclosures with an explanation that UCR classifications 

were not used for crimes reported to local law enforcement 

agencies and included in the statistics.

What to Do If You Obtain Statistics That You 

Can’t Attribute to Your Clery Act Geography 

In some jurisdictions, local law enforcement agencies 

cannot provide a breakdown of statistics specific to Clery Act 

geographic areas. For example, the police may provide your 

institution with statistics for the entire jurisdiction or the entire 

city, or they may include statistics for private residences and 

businesses. If the statistics are all zeros, that isn’t a problem. If 

not, we suggest that you request addresses for the crimes 

included in the statistics to help you determine if any of the 

crimes occurred on your Clery Act geography. If you can 

determine that some of the crimes occurred in or on your Clery 

Act geography, but you can’t determine if they occurred on 

your campus or public property, disclose those statistics in an 

additional table or in a caveat explaining why they are 

separated from your other Clery Act statistics. 

If you cannot determine whether any of the crime 

statistics apply to or include your Clery Act geography, provide 

a caveat in your annual security report explaining that the 

statistics were requested but were not available in a usable 

format for Clery Act reporting. (More about how to disclose 

statistics in your annual security report and in the Web-based 

survey in Chapter 9.) 

What to Do If Your Request for Statistics Is 

Denied 

If a law enforcement agency that you contact does not 

comply with your request for crime statistics, document both 

your request for the statistics and the response, or lack of 

response, from the agency. You should also consult state and 

local open records laws to see if law enforcement agencies are 

required to provide crime statistics to citizens and 

organizations that request them. If some of the agencies 

provide you with statistics and others don’t, be sure to include 
Chapter 4. Collecting Statistics: Authorities and Law Enforcement Agencies

4-18 The Handbook for Campus Safety and Security Reporting

the statistics you did receive in your reported crime statistics. 

Add an explanation to tell the reader that not all of the agencies 

responded to your request for statistics, or that not all of the 

agencies could provide the statistics as requested.

Remember, requesting Clery Act crime statistics from 

local law enforcement agencies is an institutional 

obligation. This means that if you assign someone the 

responsibility to request and review the statistics, and that 

person for whatever reason is unable to do so, your institution 

is still responsible for complying with the law. You must make 

this effort in time to include the statistics in your annual 

security report which must be published by Oct. 1. The same 

statistics must also be entered in the Web-based data collection 

in the fall.
The Handbook for Campus Safety and Security Reporting 5-1 

The Daily Crime Log:

Recording Crimes Reported 

To Campus Police or Security 

Personnel 

CHAPTER 5

Daily crime log citation

34 CFR 668.46(f)

Does your institution have a campus police or security 

department? Any institution, regardless of whether it’s public 

or private, that has a campus police or security department, 

must create, maintain and make available a daily crime log. 

For Clery Act purposes, there are various arrangements 

that constitute a campus police or security department. For 

example, some institutions choose not to provide such services 

with institution staff, and instead contract with a private 

company to handle campus security. Others have agreements 

with municipal, county or state law enforcement agencies for 

security services. It doesn’t matter if your security staff is paid 

by your institution or by a contractor, or if you have one 

security officer or a police department. Any of these 

arrangements put your institution in the category of “having a 

security department.” 

On the other hand, your institution is not considered to 

have a security department and, therefore, is not required to 

maintain a crime log if you only have 

• local law enforcement personnel who patrol on or 

near your campus, but the local law enforcement 

agency does not have a written agreement or contract 

with your institution for these services; 

• an individual or individuals with limited 

responsibility for campus security (e.g., someone 

monitoring access to a campus building by checking 

student IDs) but who does not perform other security 

services; or 

• security personnel employed or contracted by a 

landlord from whom your institution rents classroom 

space. 
Chapter 5. The Daily Crime Log: Recording Crimes Reported To Campus Police or Security Personnel

5-2 The Handbook for Campus Safety and Security Reporting

The determination of whether or not your institution’s 

security personnel constitute a campus police or security 

department must be consistent with the campus security policy 

statement you disclose in your annual security report (more 

about this in Chapter 7). 

Purpose of the Daily Crime Log

The purpose of the daily crime log is to record all 

criminal incidents and alleged criminal incidents that are 

reported to the campus police or security department. For 

example, if a student tells your security office that he lost his 

wallet in the parking lot behind a dorm, it is not a criminal 

incident, and you aren’t required to record it in the log. 

However, if a student tells your security office that his wallet 

was stolen from his dorm room, this is an alleged criminal 

incident which must be recorded in the log. 

Some traffic violations are criminal in nature and, if 

reported, must be recorded. They are driving under the 

influence (DUI), driving while intoxicated (DWI), hit-and-run 

(of a person) and vehicular manslaughter. However, you are 

not required to record violations that aren’t considered 

“crimes” (i.e., citations for moving violations). 

What to Do If Your Institution Also Has a State 

Crime Log 

Many institutions are also required by state law to 

maintain a log. If your institution maintains such a log, you 

may use it for your daily crime log as well, if it meets all Clery 

Act requirements. However, if the state crime log requires the 

victims’ names to be listed, the log would not meet the 

requirements of the Clery Act, which provides that a crime log 

entry may not jeopardize the confidentiality of the victim. 

Combining the Daily Crime Log and the Fire Log 

If your institution has any on-campus student housing 

facilities, you are required to maintain a fire log. You may, but 

are not required to, use one log to meet the crime log and the 

fire log requirements if you label the log accordingly and the 

common log meets all of the requirements for both logs. To 

learn what information must be contained in the fire log, please 

see Chapter 12. 

The purpose of 

the daily crime 

log is to record all

criminal incidents 

and alleged 

criminal incidents 

that are reported 

to the campus 

police or security 

department. 
Chapter 5. The Daily Crime Log: Recording Crimes Reported To Campus Police or Security Personnel

The Handbook for Campus Safety and Security Reporting 5-3 

How the Crime Log Differs From Other Campus 

Safety and Security Disclosures 

The crime log differs from other disclosure requirements 

in some important ways:

• Crime log entries include all crimes reported to the 

campus police or security department for the required 

geographic locations, not just Clery Act crimes.

• The crime log includes specific information about 

criminal incidents, not crime statistics.

• The log is designed to provide crime information on a 

more timely basis than the annual statistical 

disclosures. A crime must be entered into the log 

within two business days of when it was reported to 

the campus police or security department. This 

includes crimes that are reported directly to the 

campus police or security department, as well as 

crimes that are initially reported to another campus 

security authority or to a local law enforcement 

agency, which subsequently reports them to the 

campus police or security department. 

• The UCR Hierarchy Rule does not apply to the crime 

log. If multiple Criminal Offenses are committed 

during a single incident, all of the offenses must be 

recorded in the log.

• The log has a more specific location focus than the 

statistical disclosures. For example, the location 

might be recorded as “on the second floor of the 

administration building” rather than “on campus.” 

• There is an additional geographic location that 

applies exclusively to the crime log. In addition to 

recording reported crimes that occurred on campus, 

in or on noncampus buildings or property or on 

public property within the campus or immediately 

adjacent to and accessible from the campus, reports 

of crimes that occurred within the patrol 

jurisdiction of the campus police or security 

department must also be entered into the crime log. 

A patrol jurisdiction (also referred to as a “patrol 

zone”) is any property that does not meet any of the 

Crime log entries 

include all crimes 

reported to the 

campus police or 

security 

department for the 

required 

geographic 

locations, not just 

Clery Act crimes. 
Chapter 5. The Daily Crime Log: Recording Crimes Reported To Campus Police or Security Personnel

5-4 The Handbook for Campus Safety and Security Reporting

Clery Act geographic area definitions, but which is 

regularly provided with police or security patrol 

services by the campus agency. These services are 

typically performed by the campus agency pursuant 

to a formal agreement with the local or state 

government, a local civic association or other public 

entity. Your institution should document the security 

or patrol jurisdiction. For example, you may have a 

map of the patrol jurisdiction, a standard operating 

procedure (SOP) or a general order (GO) that 

describes the patrol jurisdiction. 

Creating Your Log

As with all aspects of Clery Act compliance, 

documentation is vital. Begin by clearly identifying your log as 

a Daily Crime Log. One method of formatting a crime log is 

shown in the following example.

Figure 6. Sample Daily Crime Log With Required Elements

Daily Crime Log 

Calendar Year 2015

Nature

(classification) Case Number Date/Time Reported

Date/Time 

Occurred

General 

Location Disposition

Larceny 2015-0003 01/20/15 1505hrs 01/10/15 0800hrs Admin. Building Closed 05/24/15

Vandalism 2015-00010 01/27/15 1231hrs 01/17 - 01/22/15 Jacobson Hall Closed 05/24/15

Vandalism 2015-00035 04/12/15 1937hrs 04/12/15 1930hrs Lester Hall Open

Liquor Law Violation 2015-0040 04/23/15 0300hrs 04/23/15 0300hrs South Parking Lot Judicial Referral

Simple Assault – Dating 

Violence

2015-0042 05/01/15 1735hrs 05/01/15 1735hrs Smith Student 

Union

Closed 07/23/15

Required Crime Log Elements 

The sample log above is meant to be illustrative, not 

prescriptive. The law requires you to have a written log that 

can be easily understood. It also mandates specific categories 

of information that you must include. If you omit a category, 

your institution is not in compliance with the crime log 

requirement. The daily crime log is not intended to be a 

general, catch-all incident log. You may include other data 

elements or columns in your crime log in keeping with internal 

campus security record-keeping procedures, but such 

A patrol 

jurisdiction (also 

referred to as a 

“patrol zone”) is 

any property that 

does not meet 

any of the Clery 

Act geographic 

area definitions, 

but which is 

regularly provided 

with police or 

security patrol 

services by the 

campus agency. 
Chapter 5. The Daily Crime Log: Recording Crimes Reported To Campus Police or Security Personnel

The Handbook for Campus Safety and Security Reporting 5-5 

additional information is not required by the Clery Act. For 

example, the sample log includes a column for case numbers, 

which aids in recording and tracking a crime report. 

The Date the Crime Was Reported 

Enter a crime into the log by the date it was reported to 

the campus police or security department. A reported crime 

must be logged regardless of how much time has passed 

since it occurred. Crime reports received from local law 

enforcement agencies (for example, in response to your request 

for annual statistics) that cannot be matched to other crimes 

already entered in the crime log should be entered into the log 

by the date your campus police or security department received 

the report from the local law enforcement agency. 

The Date and Time the Crime Occurred 

Enter the date and the time that the crime occurred. If the 

exact date and time are not known, use a range or indicate that 

it is unknown. You may use either military time, as shown in 

the sample log, or standard time. 

The Nature of the Crime 

Enter a description of the reported criminal incident. This 

can be a brief description such as “Simple Assault,” or a more 

detailed description such as “Simple Assault—non-student 

victim involved in an encounter with a student offender.” Use 

an easy-to-understand text definition as opposed to using a 

code, terms such as “agency assist” or initials for the crime. 

You can use state crime classifications (i.e., non-UCR

classifications) for the crime log; however, using UCR 

classifications may help in ensuring that your institution’s 

crime statistics are consistent with the reports in the crime log.

If a crime is reported and entered into the crime log but 

the resulting investigation shows that the initial description was 

inaccurate, you should update the description. Do not list the 

initially recorded crime as unfounded due to misclassification, 

or delete an entry once it has been made. Update the nature of 

the crime instead.

The General Location of the Crime 

Record any crime that occurs on your Clery Act 

geography: on campus, in or on noncampus buildings or 
Chapter 5. The Daily Crime Log: Recording Crimes Reported To Campus Police or Security Personnel

5-6 The Handbook for Campus Safety and Security Reporting

property, on public property or within the patrol jurisdiction of 

your campus police or security department. Enter the general 

location of the crime using a description that will mean 

something to the campus community, such as referring to 

“North Campus Hall” rather than “in a dormitory.” However, 

do not use a location that will lead to the identification of the 

victim such as Room 407, North Campus Hall. You may also 

use landmarks in describing a location. 

The Disposition of the Complaint, if Known 

Include the current status of each complaint in the log, if 

known; for example, “pending,” “judicial referral” or “criminal 

arrest.” Do not delete an entry once it’s been made; update 

the disposition instead.

Again, anyone reading a log entry should be able to 

readily understand the information provided. 

Maintaining Your Log

An entry, an addition to an entry or a change in the 

disposition of a complaint must be recorded within two 

business days of the reporting of the information to the 

campus police or the campus security department. For 

example, if the disposition of a crime is “pending” and you 

later receive word that an arrest has been made, you have two 

business days to update the disposition on the original entry to 

reflect the arrest. A business day is Monday through Friday, 

except for days when the institution is closed (for example, 

closed for holidays or other scheduled breaks when no security 

personnel are present). The only exceptions to this rule are 

• if the disclosure is prohibited by law; or 

• if the disclosure would jeopardize the confidentiality 

of the victim.

We suggest that you have more than one person 

responsible for making entries in your log in case of personnel 

changes or work absences. Note that your institution is not 

required to update the disposition of a crime log entry if the 

disposition changes after 60 days have passed. This means 60 

days after the entry was made in the log—not 60 days after the 

crime occurred. You may temporarily withhold information 

An entry, an 

addition to an 

entry or a change 

in the disposition 

of a complaint 

must be recorded 

within two 

business days of 

the reporting of 

the information to 

the campus police 

or the campus 

security

department. 
Chapter 5. The Daily Crime Log: Recording Crimes Reported To Campus Police or Security Personnel

The Handbook for Campus Safety and Security Reporting 5-7 

only if there is clear and convincing evidence that the release 

of information would 

• jeopardize an ongoing investigation; 

• jeopardize the safety of an individual; 

• cause a suspect to flee or evade detection; or

• result in the destruction of evidence. 

Your institution may withhold only that information that 

could cause a specifically identified adverse effect, and you 

must disclose such information once the adverse effect is no 

longer present. This means that if it is determined that 

information you would normally include in the crime log 

would cause a harmful effect, you may withhold that 

information temporarily until the information is no longer 

likely to prove harmful. The individual making the judgment to 

withhold information should document the reason for doing so. 

If your institution has a security department but not a campus 

police department we suggest that you consult with local law 

enforcement with regard to withholding crime log information. 

If a reported crime is fully investigated by sworn or 

commissioned law enforcement personnel, and, based on the 

results of the investigation, they make a formal determination 

that the crime report is false or baseless, the log should 

indicate, as the disposition of the report, that the crime is 

“unfounded.” Only sworn or commissioned law enforcement 

authorities that investigate the crime can make this 

determination. A campus security authority who is not a sworn 

or commissioned law enforcement authority cannot unfound a 

crime. (See Chapter 3, under “Unfounded Crimes,” for a more 

detailed discussion of the process required to unfound a crime.) 

Making Your Log Available

Your log must be accessible on-site. This means if you 

have an additional campus with a campus police or security 

department, a separate log must be available at, or accessible 

from, that campus as well. 

• Format: Your log may be either hard copy or 

electronic. If your institution has an electronic log 

and there are technical problems that make it 
Chapter 5. The Daily Crime Log: Recording Crimes Reported To Campus Police or Security Personnel

5-8 The Handbook for Campus Safety and Security Reporting

unusable, use a hard copy log as a temporary 

replacement until the problems are resolved. 

• Publicize Availability: Let students and employees 

know that the log is available, what it contains and 

where it is. You may post a notice on your website, in 

your security office, in your student and employee 

handbooks or anywhere else it’s likely to be seen. 

• Accessibility: The crime log for the most recent 

60-day period must be open to public inspection, free 

of charge, upon request, during normal business 

hours. You cannot require a written request. Anyone 

may have access to the log, whether or not they are 

associated with your institution. This includes the 

media. Make any portion of the log that is older than 

60 days available within two business days of a 

request for public inspection. 

Entries in the crime log should be used, along with 

additional information, to gather the statistics that are required 

for inclusion in the annual security report and the annual Webbased data collection. Use only Clery Act crimes that occur in 

the geographic locations described in Chapter 2 of the 

handbook for this purpose. Archived logs should be kept for 

seven years in a location where they can be accessed if 

necessary. As noted above, members of the public may request 

to review past logs. You may be required to produce logs 

during a Department program review. (See “Retaining 

Records” in Chapter 9 for more information regarding records 

retention.) 
The Handbook for Campus Safety and Security Reporting 6-1 

Emergency Notification 

And Timely Warnings:

Alerting Your Campus Community 

CHAPTER 6

Disclosure of emergency 

response and evacuation 

procedures citation

34 CFR 668.46(b)(13) 

The HEA has specific requirements intended to help you keep 

your students and employees informed about threats to their 

safety and health in a manner that allows them to protect 

themselves. This chapter discusses two different types of alerts 

and when and why you are required to issue them. The first 

part of the chapter provides a breakdown of the emergency 

response and evacuation procedures requirement. The second 

part discusses the timely warning requirement. The third part 

describes the differences between an emergency notification 

and a timely warning, and provides sample scenarios to help 

you understand when it’s appropriate to use one or the other.

Emergency Response and Evacuation 

Procedures 

The Clery Act requires every Title IV institution, without 

exception, to have and disclose emergency response and 

evacuation procedures that would be used in response to a 

significant emergency or dangerous situation involving an 

immediate threat to the health or safety of students or 

employees occurring on the campus. (See Chapter 2 for a 

definition of “on campus.”) This requirement does not apply to 

emergency situations in or on noncampus buildings or 

property. If, however, your institution has emergency response 

and evacuation procedures for noncampus buildings or 

properties as well, make certain that your disclosures identify 

which procedures apply to your on-campus property and which 

apply to your noncampus buildings or properties. 

The emergency response and evacuation requirements 

are intended to ensure that your institution has sufficiently 

prepared for an emergency situation on campus, that you are 

testing these procedures to identify and improve any 

weaknesses and that you have considered how you will inform 

the campus community and other individuals, such as parents 
Chapter 6. Emergency Notification and Timely Warning: Alerting Your Campus Community

6-2 The Handbook for Campus Safety and Security Reporting

and guardians, in the event of an emergency. In other words, 

you must have an emergency plan, test it, evaluate it and 

publicize it.

The Clery Act requires you to include a statement of 

policy regarding your emergency response and evacuation 

procedures in your annual security report along with your other 

security-related policy statements. (See Chapter 9 for a 

discussion on publishing and distributing the annual security 

report.) In developing and disclosing your procedures, be sure 

to address the who, what, when and how elements. For 

example, explain who makes decisions and initiates 

procedures, the procedure for reporting an emergency, when 

information is released, how information is provided, etc. 

There is no prescribed manner in which to present the 

information as long as it’s accurate, complete and 

understandable. You can use lists, flow charts, maps or other 

means to describe what you do in emergency situations. The 

important thing is that you say what you do and do what you 

say. 

When is an emergency notification necessary?

Under the Clery Act, every institution is required to 

immediately notify the campus community upon confirmation 

of a significant emergency or dangerous situation occurring on 

the campus that involves an immediate threat to the health or 

safety of students or employees. An “immediate” threat as 

used here includes an imminent or impending threat, such as an 

approaching forest fire, or a fire currently raging in one of your 

buildings. 

Some other examples of significant emergencies or 

dangerous situations are 

• outbreak of meningitis, norovirus or other serious 

illness; 

• approaching tornado, hurricane or other extreme 

weather conditions; 

• earthquake; 

• gas leak; 

• terrorist incident; 
Chapter 6. Emergency Notification and Timely Warning: Alerting Your Campus Community

The Handbook for Campus Safety and Security Reporting 6-3 

• armed intruder; 

• bomb threat; 

• civil unrest or rioting; 

• explosion; and

• nearby chemical or hazardous waste spill; 

Examples of situations that would not necessitate an 

emergency notification under the Clery Act: 

• Power outage. 

• Snow closure. 

• String of larcenies.

These are situations in which your institution might 

choose to alert the campus community; however, they do not 

meet the threshold of a significant emergency or dangerous 

situation for the purposes of this regulation. (If your institution 

has a policy that requires issuing an emergency alert for these 

or similar events, however, you must follow that policy.)

Your emergency response and evacuation procedures 

statement must include items 1–4 below. 

Requirements for 

emergency response and 

evacuation procedures 

statement citation

34 CFR 668.46(g) 1. The procedures the institution 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. 

What does this mean?

Inherent in this requirement is a statement that your 

institution will immediately notify the campus community 

upon confirmation of an emergency or dangerous situation. 

Confirmation means that an institution official (or officials) 

has verified that a legitimate emergency or dangerous situation 

exists. Confirmation doesn’t necessarily mean that all of the 

pertinent details are known or even available. 
Chapter 6. Emergency Notification and Timely Warning: Alerting Your Campus Community

6-4 The Handbook for Campus Safety and Security Reporting

Provide a description of the procedures your institution 

will use in a significant emergency or a dangerous situation. 

You aren’t required to publish in great detail how your 

institution would respond to specific emergencies as this may 

compromise safety. For example, you can say that you will 

“secure the residence halls” without saying how you will do 

this, or you can say that “students and employees will be 

directed to a safe location,” without naming the location. 

Include all of your procedures and describe them in a 

manner that lets the campus community and others know what 

you will do, and who or what office or organization will be 

responsible for each step along the way. Be sure to provide 

information about how an individual can report an emergency.

The regulations don’t require your institution to use a 

particular mode of communication. For example, in the case of 

a gas leak, your institution may determine that the most 

effective mode of communication is a fire alarm, whereas in 

other situations, it might be best to use a text message system. 

We encourage you to consider overlapping means of 

communication in case one method fails or malfunctions. Make 

a complete disclosure of whatever methods will be used (or 

will potentially be used depending on the situation): a public 

address system, text messaging, e-mail messaging, electronic 

signboards, emergency phone lines, phone trees, bulletins 

posted on building entrances and exits, etc. If any of the 

emergency notification services require the campus community 

to sign up, include specific information on how to do this. 

Institutions must ensure that notifications and warnings can be 

transmitted quickly to all students and employees. Therefore, 

an institution would not be able to rely solely on a text 

messaging system if all members of the campus community are 

not required to participate in that system. Similarly, relying on 

an e-mail would not be adequate for institutions that do not 

establish an e-mail account for all students and employees, or 

require each member of the campus community to register an 

e-mail address with the institution.
Chapter 6. Emergency Notification and Timely Warning: Alerting Your Campus Community

The Handbook for Campus Safety and Security Reporting 6-5 

Figure 7. Example of Emergency Notification via Text 

Message

Note that you must describe your procedures for both 

response and evacuation in emergency or dangerous 

situations. If you don’t have a campus police or security 

department, or personnel trained in emergency management, 

we suggest that you consult with local law enforcement or 

emergency management personnel regarding how to 

appropriately design procedures for your institution. 
Chapter 6. Emergency Notification and Timely Warning: Alerting Your Campus Community

6-6 The Handbook for Campus Safety and Security Reporting

2. A description of the process the institution will 

use to 

a. confirm that there is a significant emergency 

or dangerous situation as described in no. 1 

above 

What does this mean? 

This part of your statement describes how your 

institution will confirm that there is an emergency or dangerous 

situation. Saying, for example, that “the school will size up the 

situation to determine whether there’s an emergency” is not 

adequate. You have to describe the process your school will 

use. For example, is the director of your school solely 

responsible for confirming an emergency, or are there multilayers of information gathering? If there are multiple people or 

offices involved, what is the relationship among them? Do you 

rely on outside resources for certain types of emergencies or 

for all emergencies? How is this process coordinated?

b. determine the appropriate segment or 

segments of the campus community to receive 

a notification 

What does this mean? 

You have the flexibility to alert only the segment of the 

population that you determine to be at risk. For example, in the 

case of a gas leak, you may choose to notify only individuals in 

the building that has the leak, whereas for a meningitis 

outbreak, you may choose to notify the entire campus 

community. 

Describe how you will make the decision to notify or not 

notify specific segments of the campus community. For 

example, you may state that the entire campus community will 

be notified when there is at least the potential that a very large 

segment of the community will be affected by a situation, or 

when a situation threatens the operation of the campus as a 

whole. You may also indicate that there will be a continuing 

assessment of the situation and that additional segments of the 

campus community may be notified if a situation warrants such 

action. 
Chapter 6. Emergency Notification and Timely Warning: Alerting Your Campus Community

The Handbook for Campus Safety and Security Reporting 6-7 

c. determine the content of the notification 

What does this mean? 

Describe how your institution will determine what 

information will be contained in a notification. For example, 

you might state that your campus police department will 

determine how much information is appropriate to disseminate 

at different points in time. Depending on what segments of the 

community your notification targets, the content may differ. In 

the case of an approaching tornado, you may want to tell dorm 

residents to take shelter in the basement but you may want to 

tell commuter students to stay away from the campus. 

d. initiate the notification system 

What does this mean? 

Describe how your institution initiates notifying the 

campus community that there’s an emergency or dangerous 

situation. For example, does your institution have first 

responders who are alerted before anyone else? Will you use 

fire alarms or public address systems to alert the campus 

community and follow up with text messages and posted 

bulletins as more specific information becomes available? Who 

is responsible for initiating the system? 

3. A statement that the institution will, without 

delay, and taking into account the safety of the 

community, determine the content of the 

notification and initiate the notification system, 

unless issuing a notification will, in the 

professional judgment of responsible authorities, 

compromise efforts to assist a victim or to 

contain, respond to or otherwise mitigate the 

emergency. 

What does this mean? 

This statement is mandatory. You must tell the campus 

community that as soon as your institution has confirmed that a 

significant emergency or dangerous situation exists, you will 

• take into account the safety of the campus 

community; 

• determine what information to release about the 

situation; and
Chapter 6. Emergency Notification and Timely Warning: Alerting Your Campus Community

6-8 The Handbook for Campus Safety and Security Reporting

• begin the notification process. 

You also must state that the only reason your institution 

would not immediately issue a notification for a confirmed 

emergency or dangerous situation would be if doing so would 

compromise efforts to 

• assist a victim; 

• contain the emergency; 

• respond to the emergency; or 

• otherwise mitigate the emergency.

The law doesn’t specify who may or may not be a 

responsible authority except to qualify that they use 

professional judgment. Your institution is responsible for 

identifying these authorities. 

4. A list of the titles of the person or persons or 

organization or organizations responsible for 

carrying out the actions described in nos. 2(a) 

through 2(d) above. 

What does this mean? 

Provide a list of individuals (by title or position) or 

organizations (by name) responsible for carrying out the 

procedures you describe in your annual security report. If 

different people or organizations will be responsible for 

different procedures or for responding to different types of 

emergency or dangerous situations, make this clear. For 

example, you might indicate that the local Public Health 

Department will be asked to confirm a serious virus outbreak. 

A campus located in a strip mall might call upon the mall 

security office to confirm a significant emergency situation.

When designating individuals and organizations for your plan, 

avoid potential conflicts of responsibilities. For example, if the 

individual responsible for issuing an emergency notification is 

also responsible for containing the emergency, efforts to 

mitigate the emergency may be compromised.
Chapter 6. Emergency Notification and Timely Warning: Alerting Your Campus Community

The Handbook for Campus Safety and Security Reporting 6-9 

5. The institution's procedures for disseminating 

emergency information to the larger community.

What does this mean? 

This part of your statement addresses how your 

institution disseminates emergency information to individuals 

and/or organizations outside of the campus community. You 

can use different methods to target different segments of the 

community. For example you might want to send cell phone 

alerts to your students’ parents and guardians, and use radio 

and/or TV alerts for the neighboring community. If the 

procedures differ depending on the situation, explain this. 

Include information about who or what office is responsible for 

developing the information to be disclosed, and who or what 

office is responsible for disseminating the information to the 

larger community. 

6. The institution's procedures to test the emergency 

response and evacuation procedures on at least 

an annual basis, including

a. tests that may be announced or unannounced 

What does this mean? 

The Clery Act regulations define a test as regularly 

scheduled drills, exercises and appropriate follow-through 

activities, designed for assessment and evaluation of 

emergency plans and capabilities. You must conduct at least 

one test a year and you can choose to announce it or not. To 

comply with the Clery Act requirement the test must meet all of 

the criteria in the definition. It must 

• be scheduled. You cannot say that an actual 

emergency situation or a false emergency alarm

served as a test of your institution’s procedures. 

• contain drills. A drill is an activity that tests a single 

procedural operation (e.g., a test of initiating a cell 

phone alert system or a test of campus security 

personnel conducting a campus lockdown). 

• contain exercises. An exercise is a test involving 

coordination of efforts (e.g., a test of the coordination 

of first responders, including police, firefighters and 

emergency medical technicians). 
Chapter 6. Emergency Notification and Timely Warning: Alerting Your Campus Community

6-10 The Handbook for Campus Safety and Security Reporting

• contain follow-through activities. A follow-through 

activity is an activity designed to review the test (e.g., 

a survey or interview to obtain feedback from 

participants).

• be designed for assessment of emergency plans and 

capabilities. This means that your test should have 

measureable goals. For example, “Everyone involved 

in the emergency response and notification 

procedures will understand his or her role and 

responsibility.” 

• be designed for evaluation of emergency plans and 

capabilities. Design the test so that, using the 

assessments, you can judge whether or not the test 

met its goals. For example, “The evacuation process 

accounted for/did not account for the diverse needs of 

all members of the campus community.”

You have flexibility in designing tests. For example, you 

may conduct a tabletop exercise (i.e., a simulated scenario) or 

conduct a live test. Whichever method you use, your test must 

address emergency response and evacuation on a campuswide 

scale. “Campuswide” scale means that tests must address your 

plan for evacuating all of your campus buildings. This does not 

mean that your plan must involve evacuating the entire campus 

at once. Rather, it means you must have a plan for each 

building. We recognize that a shelter-in-place contingency 

might be the best procedure to use in certain circumstances 

when evacuation is not a reasonable option. 

b. publicizing its emergency response and 

evacuation procedures in conjunction with at 

least one test per calendar year 

What does this mean? 

This part of your statement addresses how your 

institution gets the word out about its emergency procedures. 

Time the publication to coincide with one test every calendar 

year. You may conduct more tests and you may publicize your 

procedures along with other tests, but you aren’t required to do 

so. Use a method that will attract attention to the information 

you’re disseminating; don’t make people search for it. Sending 

a “blast” e-mail or text message containing a link to your 

institution’s procedures would suffice; however, simply 

posting a notice on your school’s website would not. 
Chapter 6. Emergency Notification and Timely Warning: Alerting Your Campus Community

The Handbook for Campus Safety and Security Reporting 6-11 

Determine the appropriate means of reaching different target 

audiences. You may use a combination of methods. For 

example, you might want to include parents and guardians on a 

blast e-mail, but issue a press release to the local media. 

Another method might be informing parents and guardians that 

they can sign up for e-mail alerts. The alert can direct them to a 

website or radio station for details.

c. documenting, for each test, a description of 

the exercise, the date, time and whether it was 

announced or unannounced 

What does this mean? 

This part of your statement describes how your 

institution will document each test. (Although the law requires 

only one test each year, if you have multiple tests in a year, 

you’re required to document each one.) Be sure to address each 

component: 

• A description of the exercise (i.e., the test).

• The date the test was held.

• The time the test started and ended.

• Whether the test was announced or unannounced. 

As with all other Clery Act-related documentation, your 

institution is required to keep emergency test documentation 

for seven years.
Chapter 6. Emergency Notification and Timely Warning: Alerting Your Campus Community

6-12 The Handbook for Campus Safety and Security Reporting

The Timely Warning

Timely warning citation

34 CFR 668.46(e) 

All of us want to be alerted promptly to potentially 

dangerous criminal situations near our homes or workplaces so 

that we have both the time and the information necessary to 

take appropriate precautions. Apply this to your institution, and 

you have the concept of the “timely warning.” The Clery Act

requires you to alert the campus community to certain crimes 

in a manner that is timely and will aid in the prevention of 

similar crimes. Although the Clery Act doesn’t define 

“timely,” the intent of a warning regarding a criminal 

incident(s) is to enable people to protect themselves. This 

means that a warning should be issued as soon as pertinent 

information is available. This is critical; even if you don’t 

have all of the facts surrounding a criminal incident that 

represents a serious and continuing threat to your students and 

employees you must issue a warning. The warning should 

contain information about the type of criminal incident that has 

occurred, although you can provide additional information as it 

becomes available. 

Timely Warning Policy 

All Title IV institutions, without exception, are subject to 

the timely warning regulation. You are required to include in 

your annual security report a policy statement that accurately 

reflects your institution’s current timely warning procedures 

(See Chapter 7 for more information about policy statements.)

Crimes Subject to a Timely Warning 

You must issue a timely warning for all Clery Act crimes

that occur on your Clery Act geography that are 

• reported to campus security authorities or local police 

agencies; and

• considered by the institution to represent a serious or 

continuing threat to students and employees. 

The requirement for timely warnings is not limited to 

violent crimes or crimes against persons so you should not 

have a timely warning policy that contains this restriction. 

Timely warnings could be needed for crimes that represent 

threats to property. For example, it’s possible to have a rash of 

dormitory Burglaries or Motor Vehicle Thefts that merit a 

warning because they present a continuing threat to your 

A warning should 

be issued as soon 

as pertinent 

information is 

available.
Chapter 6. Emergency Notification and Timely Warning: Alerting Your Campus Community

The Handbook for Campus Safety and Security Reporting 6-13 

campus community. A number of incidents involving the 

possession of date rape drugs may also trigger the need for a 

warning.

Your timely warning policy should not be limited to 

certain types of Clery Act crimes and it may include non-Clery 

Act crimes. That is, although the Clery Act mandates timely 

warnings only for Clery Act crimes, nothing in the law 

prohibits timely warnings for other crimes that may pose a 

serious or continuing threat to the campus community (e.g., a 

kidnapping on campus or a rash of robberies in a public 

parking lot across the street from the shopping plaza where 

your school is located). If your policy states that you also will 

issue timely warnings for these or similar types of situations, 

you must follow that policy. 

Crimes Exempt From the Timely Warning 

Requirement 

Your institution is not required to provide a timely 

warning for non-Clery Act crimes or for crimes reported to a 

pastoral or professional counselor. (See Chapter 4 for 

definitions of pastoral and professional counselors.) There are 

no other exemptions. 

Making the Decision to Issue a Timely Warning 

Whether you issue a timely warning must be decided on 

a case-by-case basis in light of all the facts surrounding a 

crime, including factors such as the following:

• The nature of the crime. This means that you 

should consider the type of crime that was reported. 

Was it a Clery Act crime? Did two students get drunk 

and attempt to steal a golf cart from the campus one 

night, or does it appear that professional car thieves 

are preying on your campus? 

• The continuing danger to the campus community. 

This means that after a Clery Act crime is reported 

you should consider whether your students and 

employees are at risk of becoming victims of a 

similar crime. For example, if a Rape is reported on 

campus and the alleged perpetrator has not been 

caught, there is a risk of similar crimes. If the alleged 

perpetrator was reported or apprehended, there may 

not be a continuing risk. However, you should still 
Chapter 6. Emergency Notification and Timely Warning: Alerting Your Campus Community

6-14 The Handbook for Campus Safety and Security Reporting

evaluate other factors such as whether the 

apprehended perpetrator had accomplices or had 

already set other attacks in motion. Does a criminal 

incident appear to be a one-time occurrence or does it 

fall into a pattern of reported crimes? For example, if 

your students set some posters on fire after your 

school’s team lost the homecoming football game, 

the Arsons are probably a one-night event. If an 

unknown person is randomly setting fires on campus, 

there is a continuing threat.

• The possible risk of compromising law 

enforcement efforts. This factor does not mean that 

in the event of a serious or continuing threat to your 

students or employees you should decide not to issue 

a timely warning. It means that the institution should 

consider the potential impact on various law 

enforcement operations as it issues these warnings. 

For example, you should warn students if there is a 

serial rapist preying on female joggers along the bike 

paths running through campus; you should not 

compromise law enforcement efforts by disclosing 

that two undercover female officers have been 

assigned to patrol the bike path. 

We recommend that your institution consult with campus 

security personnel and/or local and state law enforcement 

authorities to discuss the timely warning requirement. We also 

recommend that your institution request that local law 

enforcement keep you informed on an immediate basis of 

crimes that may require timely warnings. This request may be 

made as part of your annual letter to law enforcement agencies 

requesting crime statistics. (See Chapter 4 for more 

information about this letter.) Institutions cannot outsource the 

requirement to issue timely warnings to local law enforcement 

agencies and must not enter into agreements that prohibit the 

issuance of such warnings. 

Determining the Content of a Timely Warning 

The Department’s Clery Act regulations do not specify 

what information has to be included in a timely warning. 

However, because the intent of the warning is to enable 

members of the campus community to protect themselves, the 

warning should include all information that would promote 

safety and that would aid in the prevention of similar crimes. 

Issuing a warning that cautions the campus community to be 

The intent of the 

warning is to 

enable members 

of the campus 

community to 

protect 

themselves.
Chapter 6. Emergency Notification and Timely Warning: Alerting Your Campus Community

The Handbook for Campus Safety and Security Reporting 6-15 

careful or to avoid certain practices or places is not sufficient. 

You must include pertinent information about the crime that 

triggered the warning. Your institution’s policy regarding 

timely warnings should specify what types of information will 

be included. 

Issuing a Timely Warning 

Although there is no required format for a timely 

warning, the warning must be reasonably likely to reach the 

entire campus community. Therefore, timely warnings must 

be issued in a manner that gets the word out quickly and 

effectively communitywide. The warning may be e-mailed, 

posted around campus, provided as a text message or otherwise 

distributed according to your institution’s policy. A 

combination of dissemination methods may be used. 

Timely warnings may not be issued in a manner or 

posted in a location that requires the campus community to 

make requests for them or to search for them. The 

responsibility for getting the warning out rests solely with the 

institution.

The Family Educational Rights and Privacy Act 

(FERPA) and the Timely Warning Requirement 

FERPA and the Timely 

Warning citation

34 CFR 99.31(b)(6) and 

99.36 An institution may, in appropriate circumstances, include 

personally identifiable information in a timely warning. 

Although personally identifiable information is generally 

protected from disclosure under FERPA, such information may 

be released in an emergency situation. The Department’s 

FERPA regulations, at 34 CFR 99.36, describe the rule relating 

to the disclosure of information in health and safety 

emergencies. 
Chapter 6. Emergency Notification and Timely Warning: Alerting Your Campus Community

6-16 The Handbook for Campus Safety and Security Reporting

Emergency Notification and Timely Warnings: 

Sorting Out the Differences

Emergency Notification 

Scope: Wide focus on any significant 

emergency or dangerous situation (may 

include Clery Act crimes).

Why: Emergency notification is triggered by 

an event that is currently occurring on or 

imminently threatening the campus. Initiate 

emergency notification procedures for any 

significant emergency or dangerous 

situation occurring on the campus 

involving an immediate threat to the health 

or safety of students or employees. 

Where: Applies to situations that occur on 

your campus.

When: Initiate procedures immediately upon 

confirmation that a dangerous situation or 

emergency exists or threatens.

Timely Warning 

Scope: Narrow focus on Clery Act crimes.

Why: Timely warnings are triggered by 

crimes that have already occurred but 

represent an ongoing threat. Issue a timely 

warning for any Clery Act crime committed 

on your Clery Act geography that is reported 

to your campus security authorities or a local 

law enforcement agency, and that is 

considered by the institution to represent a 

serious or continuing threat to students and 

employees.

Where: Applies to crimes that occur 

anywhere on your Clery Act geography.

When: Issue a warning as soon as the 

pertinent information is available.
Chapter 6. Emergency Notification and Timely Warning: Alerting Your Campus Community

The Handbook for Campus Safety and Security Reporting 6-17 

The Department’s regulations specify that “an institution 

that follows its emergency notification procedures is not 

required to issue a timely warning based on the same 

circumstances; however, the institution must provide adequate 

follow-up information to the community as needed.” 

Consider the following scenarios and whether a timely 

warning is warranted.

Figure 8. Sample Scenarios Regarding Emergency Notification and the 

Timely Warning 

Scenario 1: In a single night there are several random Arsons in unoccupied classrooms and 

basements of buildings on campus. Upon confirmation that there is an arsonist on campus, 

you follow your emergency notification procedures. There is no need to issue a timely 

warning for the Arsons as well. As soon as it’s available, disseminate pertinent follow-up 

information to the campus community. 

Scenario 2: An employee spots an armed intruder in a classroom building. The employee 

alerts a campus police officer who is present in the building and who confirms the situation. 

Following your emergency notification procedures, the officer alerts the campus police chief 

who initiates campus-wide emergency notification procedures. In the course of trying to 

apprehend the intruder, the intruder shoots and wounds two people trying to flee the 

building. Although emergency notification procedures were initiated, the circumstances 

have changed, and you must issue a timely warning for the shootings (i.e., the crimes of 

Aggravated Assault).
This page intentionally left blank.
The Handbook for Campus Safety and Security Reporting 7-1 

Policy Statements:

What You Do and How You Do It

CHAPTER 7

Annual security report policy 

statements citation

34 CFR 668.46(b) 

A major requirement of the Clery Act is to disclose policy 

statements in your annual security report. Due to the number 

and nature of the statements, this handbook devotes two 

chapters to the subject. 

This chapter focuses on policies regarding

• how students and others should report crimes or other 

emergencies occurring on campus; 

• security of and access to campus facilities; 

• crime prevention; 

• campus law enforcement and security; and

• alcohol and drugs. 

Chapter 8 discusses policies, procedures and programs 

regarding

• dating violence, domestic violence, sexual assault, 

and stalking; and

• obtaining registered sex offender information. 

Regardless of which policy you’re addressing there are 

some general guidelines to keep in mind:

• Language. Use language that will be understood by 

the general public (i.e., avoid heavily legal language). 

• Accuracy. Your statements or descriptions of 

policies must accurately reflect your institution’s 

current procedures and practices. If your 

institution does not have a policy or program 

responding to one or more of the categories listed in 

the regulations, you must disclose this fact. If you are 

compiling security reports for multiple campuses, 

If you are 

compiling security 

reports for 

multiple 

campuses, make 

sure your policy 

statements 

accurately reflect 

the current 

policies and 

practices of each 

separate campus.
Chapter 7. Policy Statements: Disclosing What You Do And How You Do It

7-2 The Handbook for Campus Safety and Security Reporting

make sure your policy statements accurately reflect 

the current policies and practices of each separate 

campus. Do not just repeat your policy statements 

from year to year; make sure that the statements of 

policy actually reflect your institutions’ procedures 

and practices.

• Required components. Pay close attention to the 

requirements of each policy statement. Include 

detailed information that addresses each part of the 

requirement. In general, the law does not prescribe 

policies and procedures for schools to follow; 

however, the law and the regulations set minimum 

requirements for specific information that must be 

addressed in your institution’s annual security report. 

• Missing policies. Failure to have a required policy or 

to disclose all of the required policy statements 

means that your school is not in compliance with the 

law. As always, please consult our Campus Safety 

and Security Help Desk if you have questions that are 

not answered by the policy chapters in this handbook. 

The required policy statements are presented in the 

following section. Where applicable, the statements are broken 

down into components to emphasize the content you must 

include. Explanations of statements are preceded by “What 

does this mean?” Your institution’s policy statements must 

reflect your institution’s unique security policies, 

procedures and practices.

You may present your policy statements in any order. 

You may also combine statements as long as they are clearly 

labeled. For example, if your institution has a combined 

alcohol and drug policy, you may identify it as a combined 

policy and present it that way.

Campus Security Policies That Must Be 

Addressed in the Annual Security 

Report

1. Provide a statement of current campus policies 

regarding procedures for students and others to report 

criminal actions or other emergencies occurring on 

campus. This statement must include the institution’s policies 

Your institution’s 

policy statements 

must reflect your 

institution’s 

unique security 

policies, 

procedures and 

practices. 
Chapter 7. Policy Statements: Disclosing What You Do And How You Do It

The Handbook for Campus Safety and Security Reporting 7-3 

concerning its response to these reports, and must specifically 

address the following areas: 

a. Policies for making timely warning reports to 

members of the campus community regarding the 

occurrence of Clery Act crimes. 

What does this mean? 

As discussed in the latter part of Chapter 6, your 

institution must have a policy regarding its timely warning 

report system. We suggest that your policy include the 

following: 

• Circumstances for which a warning will be issued;

• Identity of the individual(s) or office(s) responsible 

for issuing the warning; and 

• Manner in which the warning will be disseminated. 

b. Policies for preparing the annual disclosure of 

crime statistics. 

What does this mean? 

This refers to how the crime statistics in the annual 

security report are prepared. Include a brief description 

explaining the purpose of the report, who prepares it and how, 

and from what sources the crime statistics are collected. 

c. A list of titles of each person or organization to 

whom students and employees should report 

Clery Act crimes for the purpose of making timely 

warning reports and the annual statistical 

disclosure. 

d. Describe institutional policies or procedures for 

victims or witnesses to report crimes on a 

voluntary, confidential basis for inclusion in the 

annual security report. 

What does this mean? 

Part c. of this statement asks you to list the titles of each 

individual or organization your institution has designated for 
Chapter 7. Policy Statements: Disclosing What You Do And How You Do It

7-4 The Handbook for Campus Safety and Security Reporting

students and employees to report Clery Act crimes. This need 

not be a list of all your campus security authorities. Although 

students and employees may report crimes to any campus 

security authority, the people and/or organizations you list in 

this policy statement are those to whom your institution would 

prefer crimes to be reported. Examples are the campus police 

department and the dean of students. 

Part d. of the statement asks you to disclose whether your 

institution has policies or procedures allowing voluntary, 

confidential crime reporting. Some states do not allow this. If 

your institution does not allow voluntary, confidential 

reporting, provide a statement about this fact. 

2. Provide a statement of current policies concerning the 

following: 

a. Security of and access to campus facilities, 

including campus residences; and 

b. Security considerations used in the maintenance 

of campus facilities.

What does this mean? 

Part (a) of this statement addresses the security of 

campus facilities and access to campus facilities, including 

campus residences in both instances. If your institution does 

not have any campus residences, your policy statement should 

note this. Address such topics as what your institution does to 

keep its facilities secure, and how individuals gain access or 

are prevented from gaining access to these facilities. For 

example, do you issue keycards for student housing facilities? 

Do you have individuals monitoring access to your campus 

buildings? 

Part (b) of this statement addresses security 

considerations in maintaining campus facilities. For example, 

your institution may have someone who regularly checks to 

make sure pathways are well lit and egress lighting is working 

in hallways and stairwells.
Chapter 7. Policy Statements: Disclosing What You Do And How You Do It

The Handbook for Campus Safety and Security Reporting 7-5 

3. Provide a statement of current policies concerning 

campus law enforcement, including the following: 

a. The law enforcement authority and jurisdiction 

of security personnel.

What does this mean? 

Your statement must describe the scope of the 

enforcement authority and jurisdiction of your school’s 

security personnel. For example, do you have any sworn or 

commissioned law enforcement personnel? Can any security 

personnel make arrests? The term “security personnel” 

encompasses anyone who meets the description in Chapter 5. If 

your institution does not have any security personnel, you must 

state this.

b. The working relationship of campus security 

personnel with state and local law enforcement 

agencies, including whether those security 

personnel have the authority to make arrests, and 

any agreements, such as written memoranda of 

understanding between the institution and such 

agencies, for the investigation of alleged criminal 

offenses.

What does this mean? 

Describe the working relationship of your campus 

security personnel with state law enforcement agencies and

with local law enforcement agencies. Be specific about 

whether or not your institution has any written memoranda of 

understanding (MOU) or any other type of written agreement 

with any law enforcement agencies for the investigation of 

alleged criminal offenses. You do not have to include a copy of 

your MOU in your policy statement; just disclose whether you 

have one. 
Chapter 7. Policy Statements: Disclosing What You Do And How You Do It

7-6 The Handbook for Campus Safety and Security Reporting

c. Policies which encourage accurate and prompt 

reporting of all crimes to the campus police and 

the appropriate police agencies, when the victim 

of a crime elects to, or is unable to, make such a 

report.

What does this mean? 

You must have a policy that encourages people to report 

all crimes in an accurate and timely manner to the campus 

police, if you have a campus police department, and to law 

enforcement agencies for your institution’s jurisdiction. The 

language in this statement, including the phrase “unable to 

report,” is intended to strike a balance between empowering 

victims to make the decision about whether and when to report 

a crime, and encouraging members of the campus community 

to report crimes of which they are aware. If your institution 

does not have campus police, you must state this. 

d. A description of procedures, if any, that 

encourage pastoral counselors and professional 

counselors, if and when they deem it appropriate, 

to inform the persons they are counseling of any 

procedures to report crimes on a voluntary, 

confidential basis for inclusion in the annual 

disclosure of crime statistics. 

What does this mean? 

Describe any procedures your institution has that 

encourage both pastoral and professional counselors, at their 

discretion, to inform those they counsel of procedures for 

reporting crimes voluntarily and confidentially for inclusion in 

the institution’s annual security report and Web-based report to 

the Department. This includes verbal or written 

encouragement. If your institution does not have these 

procedures, state this. 

Note that this policy differs from the policy statement 

under 1.c. regarding reporting all crimes. That statement does 

not specifically address pastoral and professional counselors.
Chapter 7. Policy Statements: Disclosing What You Do And How You Do It

The Handbook for Campus Safety and Security Reporting 7-7 

4. Provide a statement that describes the type and 

frequency of programs designed to inform students and 

employees about campus security procedures and practices, 

and to encourage students and employees to be responsible 

for their own security and the security of others. 

What does this mean? 

Your statement should describe both the type and the 

frequency of two categories of programs for students and 

employees: programs dealing with security procedures and 

practices, and programs encouraging the campus community to 

look out for themselves and one another. You do not have to 

list every program, but be sure to address all of the statement’s 

components (i.e., type, frequency, students and employees). 

5. Provide a description of programs designed to 

inform students and employees about the prevention of 

crimes. 

What does this mean? 

This statement specifically addresses all programs 

designed to inform students and employees about crime 

prevention. You must describe the programs, not just list the 

titles. If there are programs specifically targeted to students and 

others targeted to employees, state this. If you do not have any 

programs of this nature, provide a statement disclosing this 

fact.

6. Provide a statement of policy concerning the 

monitoring and recording, through local police agencies, of 

criminal activity in which students engaged at noncampus 

locations of student organizations officially recognized by 

the institution, including student organizations with 

noncampus housing facilities. 

What does this mean? 

This statement addresses whether or not local police 

monitor and document criminal activity by your students at 

noncampus locations of student organizations if your 

institution is aware of such a practice. This includes student 

organizations that have noncampus housing facilities. Note that 

this concerns only those student organizations that are 

officially recognized by your institution. If you do not have any 
Chapter 7. Policy Statements: Disclosing What You Do And How You Do It

7-8 The Handbook for Campus Safety and Security Reporting

officially recognized student organizations with noncampus 

locations you must disclose this. 

7. Provide a statement of policy regarding the 

possession, use and sale of alcoholic beverages and 

enforcement of State underage drinking laws. 

What does this mean?

There are two parts to this statement. The first part 

addresses your policy concerning the possession, use and sale 

of alcohol. The second part addresses your policy on the 

enforcement of state laws relating to underage drinking. 

8. Provide a statement of policy regarding the 

possession, use and sale of illegal drugs and enforcement of 

Federal and State drug laws. 

What does this mean? 

There are two parts to this statement. The first part 

addresses your policy concerning the possession, use and sale 

of illegal drugs. The second part addresses your policy for the 

enforcement of federal and state drug laws.

9. Provide a description of any drug or alcohol abuse 

education programs as required under Section 120(a) 

through (d) of the HEA (otherwise known as the Drug-Free 

Schools and Communities Act of 1989). For the purpose of 

meeting this requirement, an institution may crossreference the materials the institution uses to comply with 

Section 120(a) through (d) of the HEA. 

What does this mean?

To participate in any Title IV federal student financial 

aid program, an institution must verify that it has a drug and 

alcohol abuse prevention program available to students and 

employees. The Department’s Clery Act regulations ask for a 

description of these programs and allow you to cross-reference 

the materials your institution uses to comply with the DrugFree Schools and Communities Act of 1989. This is the only 

policy statement in the annual security report for which you 

can cross-reference materials. The text for Section 120(a)–(d) 

is in Appendix C of this handbook. 
Chapter 7. Policy Statements: Disclosing What You Do And How You Do It

The Handbook for Campus Safety and Security Reporting 7-9 

10. Provide a statement that the institution will, upon 

written request, disclose to the alleged victim of a crime of 

violence (as that term is defined in section 16 of title 18, 

United States Code), or a non-forcible sex offense, the 

report on the results of any disciplinary proceeding 

conducted by such institution against a student who is the 

alleged perpetrator of such crime or offense. If the alleged 

victim is deceased as a result of such crime or offense, the 

next of kin of such victim shall be treated as the alleged 

victim for purposes of this paragraph. 

What does this mean?

Disciplinary proceeding 

results for violent crime or 

non-forcible sex offense 

citation

HEOA Sec. 493(a)(1)(A)

This statement addresses disclosure procedures for a 

student disciplinary proceeding for any violent crime or 

non-forcible sex offense (Incest or Statutory Rape). You 

must disclose results upon written request to a victim’s next of 

kin in cases where the crime resulted in the victim’s death. 

Institutions are required to provide both the accused and 

the accuser with simultaneous written notification of any result 

of any institutional disciplinary proceeding that arises from an 

allegation of dating violence, domestic violence, sexual assault 

or stalking. In these cases, it is not necessary for a victim to 

make a written request.

11. Provide a statement of policy regarding your 

institution’s emergency response and evacuation 

procedures. 

This statement of policy is multi-faceted and requires the 

disclosure of a number of procedures. “Emergency Response 

and Evacuation Procedures” in Chapter 6 discusses this 

requirement in detail.

Additional policy statement for institutions with oncampus student housing facilities:

If your institution has any on-campus student housing 

facilities as described in “Definition of an On-campus Student 

Housing Facility” in Chapter 2, you must include an additional 

policy statement in your annual security report that addresses 

missing student notification. This policy statement is 

explained in detail in Chapter 10. If your institution has 

multiple campuses, this policy statement applies only to 

those campuses that have on-campus student housing 

facilities.
This page intentionally left blank.
The Handbook for Campus Safety and Security Reporting 8-1 

Policies, Procedures 

and Programs:

Dating Violence, Domestic 

Violence, Sexual Assault and 

Stalking

CHAPTER 8

As mentioned in Chapter 7, the Clery Act requires you to 

include statements of policy in your annual security report that 

address your institution’s programs to prevent dating violence, 

domestic violence, sexual assault and stalking, and the 

procedures your institution will follow when one of these 

crimes is reported. The regulations include some requirements 

for these programs but institutions have some discretion in the 

specifics of their statements and in how the policies and 

procedures are put into practice. This chapter breaks down the 

statements’ components and indicates which aspects and 

procedures are required and where you have flexibility. As 

always, your policy statements must accurately reflect what 

your institution currently does to prevent dating violence, 

domestic violence, sexual assault and stalking, and the 

procedures it follows when one of these crimes is reported. The 

website www.notalone.gov, which was launched in connection 

with the White House Task Force to Protect Students from 

Sexual Assault, includes links to resources that may be helpful 

to institutions developing or updating policies, programs or 

procedures. 

For purposes of the Clery Act, “dating violence,” 

“domestic violence,” and “stalking” are defined in the 

Department’s regulations. 

Dating violence is defined as violence committed by a 

person who is or has been in a social relationship of a 

romantic or intimate nature with the victim. The existence of 

such a relationship shall be determined based on the reporting 

party’s statement and with consideration of the length of the 

relationship, the type of relationship, and the frequency of 

interaction between the persons involved in the relationship. 

For the purposes of this definition 
Chapter 8. Policies, Procedures, and Programs: Dating Violence, Domestic Violence, Sexual Assault, and Stalking

8-2 The Handbook for Campus Safety and Security Reporting

• dating 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. 

Domestic Violence is defined as a felony or 

misdemeanor crime of violence committed

• by a current or former spouse or intimate partner of 

the victim. 

• by a person with whom the victim shares a child in

common. 

• by a person who is cohabitating with, or has 

cohabitated with, the victim as a spouse or intimate

partner. 

• by 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; 

• by any other person against an adult or youth victim 

who is protected from that person’s acts under the 

domestic or family violence laws of the jurisdiction in 

which the crime of violence occurred. 

Stalking is defined as engaging in a course of conduct 

directed at a specific person that would cause a reasonable 

person to

• fear for the person’s safety or the safety of others; or 

• suffer substantial emotional distress. 

Sexual Assault is defined as an offense that meets the 

definition of Rape, Fondling, Incest or Statutory Rape as used 

in the FBI’s UCR program and included in Appendix A of 

34 CFR Part 668. 

With these definitions in mind, your statement must 

address your institution’s programs to prevent dating violence, 

domestic violence, sexual assault and stalking, and the 

procedures your institution will follow when one of these 
Chapter 8. Policies, Procedures, and Programs: Dating Violence, Domestic Violence, Sexual Assault, and Stalking

The Handbook for Campus Safety and Security Reporting 8-3 

crimes is reported to your institution, whether the offense 

occurred on or off campus. 

Educational Programs and Campaigns Educational programs and 

campaigns citation

34 CFR 668.46(j) Your statement must include 

a. a description of the institution’s educational 

programs and campaigns to promote the 

awareness of dating violence, domestic violence, 

sexual assault and stalking. 

The statement must include a description of the 

institution’s primary prevention and awareness 

programs for all incoming students and new 

employees. 

What does this mean? 

Your statement must describe the programs you have in 

place to promote awareness and to educate people about 

preventing dating violence, domestic violence, sexual assault 

and stalking. We encourage institutions to reach out to 

organizations that assist victims of dating violence, domestic 

violence, sexual assault and stalking, such as local rape crisis 

centers, local law enforcement officials, social services 

personnel, and State and territorial coalitions against domestic 

and sexual violence, when developing these programs. 

Programs to prevent dating violence, domestic 

violence, sexual assault and stalking are defined as 

comprehensive, intentional and integrated programming, 

initiatives, strategies and campaigns intended to end dating 

violence, domestic violence, sexual assault and stalking that 

are 

• culturally relevant, 

• inclusive of diverse communities and identities, 

• sustainable, 

• responsive to community needs, 

• informed by research or assessed for value, 

effectiveness or outcome, and 
Chapter 8. Policies, Procedures, and Programs: Dating Violence, Domestic Violence, Sexual Assault, and Stalking

8-4 The Handbook for Campus Safety and Security Reporting

• consider environmental risk and protective factors as 

they occur on the individual, relationship, 

institutional, community, and societal levels. 

The programs you implement at your institution must be 

tailored to your institution’s community and the needs of your 

students and employees. The programs must be culturally 

relevant and inclusive of, and responsive to, all parts of your 

community. The programs must also be informed by research. 

“Informed by research” includes research conducted according 

to scientific standards as well as assessments for efficacy 

carried out by institutions and other organizations. This does 

not preclude you from using promising practices that have been 

assessed by members of your institution, or other institutions, 

for value, effectiveness or outcome but not yet subjected to 

scientific review. 

Programs to prevent dating violence, domestic violence, 

sexual assault and stalking must include primary prevention

and awareness programs. 

• Primary prevention programs are defined as 

programming, initiatives and strategies intended to 

stop dating violence, domestic violence, sexual 

assault and stalking before they occur through the 

promotion of positive and healthy behaviors that 

foster healthy, mutually respectful relationships and 

sexuality, encourage safe bystander intervention, and 

seek to change behavior and social norms in healthy 

and safe directions. Examples of these programs 

might include programs that promote good listening 

and communication skills, moderation in alcohol 

consumption and common courtesy. 

• Awareness programs are defined as communitywide or audience-specific programming, initiatives 

and strategies that increase audience knowledge, and 

share information and resources to prevent violence, 

promote safety and reduce perpetration. 

Programs to prevent dating violence, domestic violence, 

sexual assault and stalking must be directed at all incoming 

students and new employees. The statute and regulations do 

not require that all students and employees take or attend the 

training, but we encourage institutions to mandate training to 

increase its effectiveness. You are required to make a good 

faith effort to reach all incoming students and new employees 

Programs to 

prevent dating 

violence, 

domestic 

violence, sexual 

assault and 

stalking must be 

directed at all 

incoming 

students and new 

employees.
Chapter 8. Policies, Procedures, and Programs: Dating Violence, Domestic Violence, Sexual Assault, and Stalking

The Handbook for Campus Safety and Security Reporting 8-5 

with this training. This means providing all incoming students 

and new employees with active notification of the training’s 

availability, and providing the training in a format and 

timeframe that encourages and allows for maximum 

participation. 

Institutions may choose how to deliver the programming 

to students and employees; for example, you could use inperson interactive workshops, theater performances, 

presentations or videos with follow-up discussion, webinars, 

online videos, online interactive training, etc. You may also use 

multiple means of delivery for a multi-pronged approach. The 

means of the training should fit the circumstances of your 

community. If you have a commuter campus it would make 

sense to provide online training that can be accessed on a 

student or employee’s own time. In the case of a commuter 

campus, an in-person training session offered only once per 

year would most likely not be considered a good faith effort to 

reach all incoming students and new employees. 

You can combine one or more of the required elements 

(e.g., primary prevention, awareness, bystander intervention 

and risk reduction) into a single training, as long as the training 

meets all of the requirements. You are not required to conduct 

separate trainings on each topic. You are also not prohibited 

from addressing behaviors or concerns outside of dating 

violence, domestic violence, sexual assault and stalking in the 

training. For example, the bystander intervention training 

principles described below can be extended to other types of 

behavior. 

Your description of the institution’s primary prevention 

and awareness programs for all incoming students and new 

employees must include 

• a statement that the institution prohibits the 

crimes of dating violence, domestic violence, 

sexual assault and stalking as those terms are 

defined for purposes of the Clery Act; 

What does this mean? 

Your statement must say that your institution prohibits 

dating violence, domestic violence, sexual assault and stalking, 

as they are defined for purposes of the Clery Act. Definitions of 

these crimes for Clery Act purposes are provided at the 

beginning of this chapter and discussed further in Chapter 3. 
Chapter 8. Policies, Procedures, and Programs: Dating Violence, Domestic Violence, Sexual Assault, and Stalking

8-6 The Handbook for Campus Safety and Security Reporting

• the definition of “dating violence,” “domestic 

violence,” “sexual assault” and “stalking,” as 

those terms are defined in the applicable 

jurisdiction;

What does this mean? 

You must provide the definitions of the terms “dating 

violence,” “domestic violence,” “sexual assault” and “stalking” 

in your institution’s local jurisdiction. If your local jurisdiction 

does not define one of these terms, state that there is no 

definition of the term in your local jurisdiction. These 

definitions may be different than the definitions used for Clery 

Act purposes. The definitions from local jurisdictions must be 

provided to the community for educational and awareness 

purposes; however, these definitions are not used for the 

purposes of reporting Clery Act statistics. Use the definitions 

provided in Chapter 3 for reporting Clery Act statistics. 

• the definition of “consent” in reference to sexual 

activity, in the applicable jurisdiction;

What does this mean? 

Your statement must include the definition of “consent” 

in reference to sexual activity in your institution’s local 

jurisdiction. If your local jurisdiction does not define consent, 

state that there is no definition of consent in your local 

jurisdiction. If your institution has an institutional definition of 

consent, you should also state your institution’s definition of 

consent and the purposes for which that definition is used. 

The definitions of consent in your local jurisdiction and 

for institutional purposes must be provided to the community 

for educational and awareness purposes. A definition of 

consent is not needed for the administration and enforcement 

of the Clery Act. For the purposes of Clery Act reporting, all 

sexual assaults that are reported to a campus security authority 

must be included in an institution’s Clery Act statistics and, if 

reported to the campus police, must be included in the crime 

log, regardless of the issue of consent. Section 485(f)(1)(F)(i) 

of the HEA requires schools to include in their statistics crimes 

that are reported to the campus police or non-law enforcement 

campus safety department. 
Chapter 8. Policies, Procedures, and Programs: Dating Violence, Domestic Violence, Sexual Assault, and Stalking

The Handbook for Campus Safety and Security Reporting 8-7 

• a description of safe and positive options for 

bystander intervention; and

• information on risk reductions.

What does this mean? 

Bystander intervention is defined as safe and positive 

options that may be carried out by an individual or individuals 

to prevent harm or intervene when there is a risk of dating 

violence, domestic violence, sexual assault or stalking. 

Bystander intervention includes 

• recognizing situations of potential harm; 

• understanding institutional structures and cultural 

conditions that facilitate violence (this might include 

fraternity or sports cultures at some institutions); 

• overcoming barriers to intervening; 

• identifying safe and effective intervention options; 

and 

• taking action to intervene. 

Risk reduction is defined as options designed to 

• decrease perpetration and bystander inaction; 

• increase empowerment for victims in order to 

promote safety; and 

• help individuals and communities address conditions 

that facilitate violence. 

This means that your training to incoming students and 

new employees must describe positive options for bystander 

intervention and information on risk reduction; however, it is 

up to your institution to determine the appropriate strategies to 

include in your training based on the needs of your community. 

Information about risk reduction must not be presented in a 

manner that encourages victim blaming. 

Information about 

risk reduction 

must not be 

presented in a 

manner that 

encourages 

victim blaming.
Chapter 8. Policies, Procedures, and Programs: Dating Violence, Domestic Violence, Sexual Assault, and Stalking

8-8 The Handbook for Campus Safety and Security Reporting

b. description of the institution’s ongoing prevention 

and awareness campaigns for students and 

employees. These campaigns must provide the 

same information as primary awareness and 

prevention programs.

What does this mean? 

In addition to the primary prevention and awareness 

programs provided to incoming students and new employees, 

you must also provide ongoing prevention and awareness 

campaigns for all current students and employees. Ongoing 

prevention and awareness campaigns means programming, 

initiatives and strategies that are sustained over time. The 

programming, initiatives and strategies must also focus on 

increasing the understanding of topics relevant to and skills for 

addressing dating violence, domestic violence, sexual assault 

and stalking, using a range of strategies with audiences 

throughout the institution. Your campaign should also promote 

awareness of the services and programming that your 

institution has available to address these issues. 

Your campaign should use multiple strategies in a 

coordinated way throughout the year to reach all populations of 

students and employees at the institution. Campaigns might 

include but are not limited to: 

• communication strategies, such as social media posts, 

email blasts, notices on bulletin boards, posters, 

and/or radio and newspaper advertisements; 

• programming, such as Take Back the Night events or 

a Safe Walk service, and the materials used to 

promote these activities; 

• programming coordinated with and delivered to 

individual groups on campus (e.g., presentations or 

workshops for individual sports teams, fraternity or 

sorority houses, or residence halls); 

• booths at student fairs or other campus events; and/or 

• faculty discussing issues and available services in the 

classroom, or advertising programs or events. 

Your ongoing prevention and awareness campaigns must 

meet all of the same standards as the primary prevention and 
Chapter 8. Policies, Procedures, and Programs: Dating Violence, Domestic Violence, Sexual Assault, and Stalking

The Handbook for Campus Safety and Security Reporting 8-9 

awareness programs provided to incoming students and new 

employees, as described in section (a.) above.

Procedures Victims Should Follow in 

the Case of Alleged Dating Violence, 

Domestic Violence, Sexual Assault or 

Stalking 

Procedures victims should 

follow citation

34 CFR 668.46(b)(11)(ii) 

Your statement must include 

c. the procedures victims should follow if a crime of 

dating violence, domestic violence, sexual assault 

or stalking has occurred, including 

• written information about the importance of 

preserving evidence that may assist in proving 

that the alleged criminal offense occurred or 

may be helpful in obtaining a protection 

order;

What does this mean? 

This part of your statement addresses what students 

should do in the case of dating violence, domestic violence, 

sexual assault or stalking. Institutions must provide written 

information to victims about the importance of preserving 

evidence that may assist in proving that the alleged criminal 

offense occurred or that may be helpful in obtaining a 

protection order. Although not required, we recommend that 

institutions provide information about where to obtain forensic 

examinations, include specific contact information, make clear 

that completing a forensic examination would not require 

someone to file a police report, and advise students that having 

a forensic examination will help preserve evidence in case the 

victim decides at a later date to file a police report. 

• how and to whom the alleged offense should 

be reported; 

What does this mean? 

“How and to whom the alleged offense should be 

reported” refers to any person or organization that can assist 

the victim, such as a rape crisis counselor. Although you must 

have procedures concerning who should be contacted, it is up 
Chapter 8. Policies, Procedures, and Programs: Dating Violence, Domestic Violence, Sexual Assault, and Stalking

8-10 The Handbook for Campus Safety and Security Reporting

to your institution to decide who those people or organizations 

are. In addition to listing institutional resources, we 

recommend that you reach out to community organizations that 

assist victims of dating violence, domestic violence, sexual 

assault and stalking, such as local rape crisis centers and state 

and territorial coalitions against domestic and sexual violence, 

when developing this list. You must include specific contact 

information for these resources or other information about how 

victims can report the alleged offense. 

• options about the involvement of law 

enforcement and campus authorities, 

including notification of the victim’s option to

– notify proper law enforcement authorities, 

including on-campus and local police; 

– be assisted by campus authorities in 

notifying law enforcement authorities if 

the victim chooses; and

– decline to notify such authorities; 

What does this mean? 

You must let students know about their options regarding 

the involvement of law enforcement authorities and campus 

authorities. You must tell students that they have several 

options, including the option to notify law enforcement 

authorities about the offense, the option to be assisted by 

campus authorities in notifying law enforcement if they choose 

to do so, and the option to decline to notify such authorities. 

You must provide appropriate and specific contact information 

for the authorities, for example, your campus police or a local 

law enforcement agency. Your statement must explain what is 

involved in making a police report. The statement that your 

institution will comply with a student’s request for assistance 

in notifying authorities is mandatory. 
Chapter 8. Policies, Procedures, and Programs: Dating Violence, Domestic Violence, Sexual Assault, and Stalking

The Handbook for Campus Safety and Security Reporting 8-11 

• where applicable, the rights of victims and the 

institution’s responsibilities for orders of 

protection, “no contact” orders, restraining 

orders, or similar lawful orders issued by a 

criminal, civil or tribal court, or by the 

institution.

What does this mean? 

You must disclose all rights that a victim may have to 

obtain an order of protection, a “no contact” order, a restraining 

order or a similar lawful order issued by a criminal, civil or 

tribal court, or by the institution. You must let students know 

what legal options are available to them and under what 

circumstances. You must tell students how to request 

information about the available options and provide specific 

contact information. You must also provide instructions for 

how to file a request for each of the options. Again, include 

specific contact information. Your statement must also disclose 

the institution’s responsibilities for honoring such requests and 

complying with these orders. You must also provide clear 

information about what the victim should do to enforce an

order of protection. If your institution does not issue orders of 

protection, state that the institution does not issue orders of 

protection. However, your statement should provide 

information on other available options in your jurisdiction, 

such as orders of protection issued by a criminal, civil or tribal 

court, as well as your institution’s responsibilities for 

complying with and enforcing those orders. 
Chapter 8. Policies, Procedures, and Programs: Dating Violence, Domestic Violence, Sexual Assault, and Stalking

8-12 The Handbook for Campus Safety and Security Reporting

Procedures Your Institution Will Follow 

In the Case of Alleged Dating Violence, 

Domestic Violence, Sexual Assault or 

Stalking 

Procedures institutions 

should follow citation

34 CFR 668.46(b)(11)(iii)

Your statement must include 

d. information about how the institution will protect 

the confidentiality of victims and other necessary 

parties, including how the institution will 

• complete publicly available recordkeeping, 

including Clery Act reporting and disclosures, 

without inclusion of personally identifying

information about the victim; and 

• 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. 

What does this mean? 

This part of your statement addresses how you will 

protect a victim’s confidentiality, even if the victim does not 

specifically request confidentiality. First, you must disclose 

your procedures for ensuring that the victim’s personally 

identifying information will not be included in any publicly 

available recordkeeping, including Clery Act reporting and 

disclosures such as the annual security report and the daily 

crime log. Personally identifying information is defined in 

Section 40002(a) of the Violence Against Women Act of 1994 as 

individually identifying information for or about an individual, 

including information likely to disclose the location of a victim 

of domestic violence, dating violence, sexual assault or 

stalking, regardless of whether the information is encoded, 

encrypted, hashed or otherwise protected, including

• a first and last name; 

• a home or other physical address; 
Chapter 8. Policies, Procedures, and Programs: Dating Violence, Domestic Violence, Sexual Assault, and Stalking

The Handbook for Campus Safety and Security Reporting 8-13 

• contact information (including a postal, e-mail or 

Internet protocol address, or telephone or facsimile 

number); 

• a social security number, driver’s license number, 

passport number or student identification number; 

and 

• any other information, including date of birth, racial 

or ethnic background, or religious affiliation that 

would serve to identify any individual. 

CSA crime reports should include sufficient detail such 

as dates and locations and, where appropriate, personally 

identifying information, including name and contact 

information if available. This is important for law enforcement 

purposes to ensure that all crimes are counted and to avoid 

double counting crimes. The Clery Act statistics that are 

included in the Annual Security Report must not include any 

personally identifying information about the individuals 

involved in the crimes reflected in the statistics. In addition, no 

personally identifying information should be disclosed in the 

Daily Crime Log, as detailed in Chapter 5. 

Institutions must protect a victim’s confidentiality while 

also recognizing that, in some cases, an institution may need to 

disclose some information about a victim to a third party to 

provide necessary accommodations or protective measures. 

Your policy should state who is responsible for determining 

what information about a victim should be disclosed and to 

whom this information will be disclosed. Your policy should 

also state how this decision will be made. Institutions may 

disclose only information that is necessary to provide the 

accommodations or protective measures in a timely manner. 

You must carefully consider who may have access to this 

information to minimize the risk to a victim’s confidentiality. 

We recommend that your policy include informing victims 

before sharing personally identifying information that the 

institution believes is necessary to provide an accommodation 

or protective measure. You should tell the victim which 

information will be shared, with whom it will be shared and 

why.
Chapter 8. Policies, Procedures, and Programs: Dating Violence, Domestic Violence, Sexual Assault, and Stalking

8-14 The Handbook for Campus Safety and Security Reporting

e. a statement that the institution will provide 

written notification to students and employees 

about existing counseling, health, mental health, 

victim advocacy, legal assistance, visa and 

immigration assistance, student financial aid and 

other services available for victims, both within 

the institution and in the community. 

What does this mean? 

Your statement should identify and provide specific 

information about appropriate and available services for 

victims at your institution. Provide information about how a 

student or employee can access these services or request 

information. Provide specific contact information. Be sure to 

include both on- and off-campus services, as applicable. We 

recommend that institutions reach out to organizations that 

assist victims of dating violence, domestic violence, sexual 

assault and stalking, such as local rape crisis centers and state 

and territorial coalitions against domestic and sexual violence, 

when developing this list of services. If there are no on- or 

off-campus services, you must state this fact in your policy 

statement. 

As with all information provided in the Annual Security 

Report, this statement of available services should be updated 

annually to reflect currently available services. 

f. a statement that the institution will provide 

written notification to victims about options for, 

available assistance in, and how to request 

changes to academic, living, transportation and 

working situations or protective measures. The 

institution must make such accommodations or 

provide such protective measures if the victim 

requests them and if they are reasonably 

available, regardless of whether the victim 

chooses to report the crime to campus police or 

local law enforcement

What does this mean? 

State that your institution is obligated to comply with a 

student’s reasonable request for a living and/or academic 

situation change following an alleged sex offense. Your 

statement should identify all of the available options. Your 

statement should also identify how you will determine what 
Chapter 8. Policies, Procedures, and Programs: Dating Violence, Domestic Violence, Sexual Assault, and Stalking

The Handbook for Campus Safety and Security Reporting 8-15 

measures to take and who will be responsible for making that 

decision. Note that this requirement allows your institution 

flexibility in terms of what is reasonable. Factors that might be 

considered during this process include, but are not limited to 

the following: the specific need expressed by the complainant; 

the age of the students involved; the severity or pervasiveness 

of the allegations; any continuing effects on the complainant; 

whether the complainant and alleged perpetrator share the same 

residence hall, dining hall, class, transportation or job location; 

and whether other judicial measures have been taken to protect 

the complainant (e.g., civil protection orders). 

Protective measures should minimize the burden on the 

victim. For example, if the complainant and alleged perpetrator 

share the same class or residence hall, the school should not, as 

a matter of course, remove the victim from the class or housing 

while allowing the alleged perpetrator to remain without 

carefully considering the facts of the case. 

g. a clear statement of policy that addresses the 

procedures for institutional disciplinary action in 

cases of alleged dating violence, domestic 

violence, sexual assault or stalking and that 

• describes each type of disciplinary proceeding 

used by the institution; the steps, anticipated 

timelines, and decision-making process for 

each type of disciplinary proceeding; how to 

file a disciplinary complaint; and how the 

institution determines which type of 

proceeding to use based on the circumstances 

of an allegation of dating violence, domestic 

violence, sexual assault or stalking; 

What does this mean? 

Procedures for institutional 

disciplinary action citation

34 CFR 668.46(k)

“Proceeding” is defined as all activities related to a 

non-criminal resolution of an institutional disciplinary 

complaint, including, but not limited to, factfinding 

investigations, formal or informal meetings, and hearings. 

Proceeding does not include communications and meetings 

between officials and victims concerning accommodations or 

protective measures to be provided to a victim. In this 

statement you must disclose all of your institution’s procedures 

for campus disciplinary action in cases of alleged dating 

violence, domestic violence, sexual assault, and stalking. For 

each type of proceeding, list all of the steps involved and the 

Protective 

measures should 

minimize the 

burden on the 

victim. 
Chapter 8. Policies, Procedures, and Programs: Dating Violence, Domestic Violence, Sexual Assault, and Stalking

8-16 The Handbook for Campus Safety and Security Reporting

anticipated timeline for each step, and describe the decisionmaking process, including who is responsible for making 

decisions. Describe, in detail, how an individual can file a 

complaint. Provide contact information for the person or office 

to which the complaint should be made, the location of any 

forms required, and the options for filing the complaint (i.e., inperson, electronically, by phone). Also, describe how your 

institution decides which type of proceeding will be used for 

which cases and who makes that decision 

(i.e., do sexual assaults automatically get assigned a formal 

hearing). 

This requirement is not limited to students. If your 

institution has disciplinary procedures for faculty and staff 

(e.g., any form of adjudication for a code of conduct ranging 

from disciplinary action from a supervisor to a formal hearing), 

you are required to describe them here. If your institution has 

disciplinary procedures related to incidents other than the 

VAWA crimes listed, you are not required to describe them in 

this statement but you may include that information. You must 

follow the procedures described in your statement regardless 

of where the alleged case of dating violence, domestic 

violence, sexual assault or stalking occurred (i.e., on or off 

your institution’s Clery Act geography). 

• describes the standard of evidence that will be 

used during any institutional disciplinary 

proceeding arising from an allegation of 

dating violence, domestic violence, sexual 

assault or stalking; 

What does this mean? 

Different legal proceedings may have different standards 

of evidence. The most common standards are “preponderance 

of the evidence,” “clear and convincing evidence” and “beyond 

a reasonable doubt.” The Clery Act does not require a specific 

standard of evidence. However, the Clery Act does require that 

each institution choose which standard of evidence they will 

use in their disciplinary proceedings arising from allegations of 

dating violence, domestic violence, sexual assault or stalking, 

and describe that standard in this statement. The institution 

must use the standard of evidence described in the statement in 

all such proceedings. 
Chapter 8. Policies, Procedures, and Programs: Dating Violence, Domestic Violence, Sexual Assault, and Stalking

The Handbook for Campus Safety and Security Reporting 8-17 

• lists all the possible sanctions that the 

institution may impose following the results of 

any institutional disciplinary proceeding for 

an allegation of dating violence, domestic 

violence, sexual assault or stalking; 

What does this mean?

The Clery Act does not specify the sanctions an 

institution may impose. An institution must determine which 

sanctions it may impose for each of the VAWA offenses and list 

all of the possible sanctions in this statement. An institution 

may have different potential sanctions for different crimes. For 

example, the possible sanctions for an allegation of stalking 

may be very different from the possible sanctions for an 

allegation of sexual assault. In this statement, you must list all 

of the possible sanctions you have identified for each VAWA

Offense. Be specific. For example, if suspension is a possible 

sanction, describe the type and length of the suspension, and 

any requirements that must be met for reinstatement. You are 

not prohibited from using a sanction not listed in this statement 

as long as your policy statement is updated to include the 

sanction for the next published annual security report. 

• describes the range of protective measures 

that the institution may offer to the victim 

following an allegation of dating violence, 

domestic violence, sexual assault or stalking; 

What does this mean? 

Institutions are not required to list all examples of 

acceptable protective measures here but must describe the 

range of protective measures they may offer. These may 

include, but are not limited to 

• orders of protection, including no-contact orders, 

restraining orders, or similar lawful orders issued by 

a criminal, civil or tribal court, or by the institution; 

• transportation assistance or security escorts; 

• modifications to academic requirements or class 

schedules; and/or

• changes in living or working situations. 

An institution 

must determine 

which sanctions it 

may impose for 

each of the VAWA

offenses and list 

all of the possible 

sanctions in this 

statement.
Chapter 8. Policies, Procedures, and Programs: Dating Violence, Domestic Violence, Sexual Assault, and Stalking

8-18 The Handbook for Campus Safety and Security Reporting

• provides that the proceedings will include a 

prompt, fair and impartial process from the 

initial investigation to the final result; 

What does this mean? 

A prompt, fair and impartial proceeding is defined as a 

proceeding that is 

• completed within reasonably prompt timeframes 

designated by the institution’s policy, including a 

process that allows for the extension of timeframes 

for good cause, with written notice to the accuser and 

the accused of the delay and the reason for the delay; 

• conducted in a manner that 

– is consistent with the institution’s policies and 

transparent to the accuser and the accused; 

– includes timely notice of meetings at which the 

accuser or accused, or both, may be present; and 

– provides timely and equal access to the accuser, 

the accused and appropriate officials to any 

information that will be used during informal and 

formal disciplinary meetings and hearings; and 

• conducted by officials who do not have a conflict of 

interest or bias for or against the accuser or the 

accused. 

Earlier we explained that institutions must describe the 

steps and timeframes involved in their disciplinary 

proceedings. This statement requires that those policies be 

followed and also remain flexible without allowing undue 

delays. The proceeding must be one that lacks hidden agendas 

and conditions, makes appropriate information available to 

each party, and is fair and clear to all parties. Care should be 

taken to ensure that the official conducting a disciplinary 

proceeding does not have a conflict of interest or bias either for 

or against the accuser or the accused. 
Chapter 8. Policies, Procedures, and Programs: Dating Violence, Domestic Violence, Sexual Assault, and Stalking

The Handbook for Campus Safety and Security Reporting 8-19 

• be conducted by officials who, at a minimum, 

receive annual training on the issues related to 

dating violence, domestic violence, sexual 

assault and stalking and on how to conduct an 

investigation and hearing process that 

protects the safety of the victims and promotes 

accountability; 

What does this mean? 

The officials who are chosen to conduct proceedings to 

address allegations of dating violence, domestic violence, 

sexual assault and stalking must receive training at least once a 

year. Your statement must describe this training. It is important 

that this training be updated as necessary to address the latest 

issues and techniques for conducting proceedings on these 

topics from beginning to end. Training for these officials 

should address but not be limited to the following topics: 

• relevant evidence and how it should be used during a 

proceeding; 

• proper techniques for questioning witnesses; 

• basic procedural rules for conducting a proceeding; 

and 

• avoiding actual and perceived conflicts of interest. 

This training may be delivered in person or by electronic 

means, such as a webinar or video. Since different officials 

may conduct different parts of the proceedings, it is not 

necessary for every official to receive every part of the 

training. For example, if certain officials conduct only the 

initial investigation, they do not need to receive training on 

how to conduct a hearing. However, institutions may train all 

selected officials on all related topics. 

The officials who 

are chosen to 

conduct 

proceedings to 

address 

allegations of 

dating violence, 

domestic 

violence, sexual 

assault and 

stalking must 

receive training at 

least once a year.
Chapter 8. Policies, Procedures, and Programs: Dating Violence, Domestic Violence, Sexual Assault, and Stalking

8-20 The Handbook for Campus Safety and Security Reporting

• provide the accuser and the accused with the 

same opportunities to have others present 

during any institutional disciplinary 

proceeding, including the opportunity to be 

accompanied to any related meeting or 

proceeding by an advisor of their choice;

What does this mean? 

You must state that both the accuser and the accused will 

be provided with the same opportunities to be accompanied by 

an advisor of their choice. This requirement is not limited to 

students. Employees must be provided with the same 

opportunities. An advisor is any individual who provides the 

accuser or accused support, guidance or advice. Institutions 

are prohibited from limiting the choice of advisor, or an 

advisor’s presence for either the accuser or the accused, in any 

meeting or institutional disciplinary proceeding. Institutions 

may form a pool of individuals, including members of the 

campus community, who may serve as advisors as long as the 

choice of advisor by the accused or the accuser is not limited to 

such a pool. The advisor of their choice can be anyone — a 

friend, parent, professor, attorney or anyone else the accuser or 

accused would like to have with them. The regulations do not 

require an advisor to attend disciplinary proceedings in person 

or even to attend at all, but they merely require that each party 

have the same opportunity to have an advisor present. 

Institutions are not required to permit an advisor to attend 

without the advisee but may find that permitting an advisor to 

attend alone with the advisee’s agreement will make it easier to 

arrange procedural meetings. Similarly, the regulations do not 

prohibit the advisor from acting as a proxy for either the 

accused or the accuser in the interest of protecting the parties’ 

privacy. In such case, the accuser or the accused would need to 

authorize their advisor to serve as a proxy and consent to any 

disclosures of their records. Institutions are not required to 

cancel or delay meetings simply because an advisor could not 

be present — as long as the institution gave proper notice of 

the meeting. However, we encourage institutions to consider 

reasonable requests to reschedule. 

Institutions are 

prohibited from 

limiting the 

choice of advisor, 

or an advisor’s 

presence for 

either the accuser 

or the accused in 

any meeting or 

institutional 

disciplinary 

proceeding.
Chapter 8. Policies, Procedures, and Programs: Dating Violence, Domestic Violence, Sexual Assault, and Stalking

The Handbook for Campus Safety and Security Reporting 8-21 

• not limit the choice of advisor or presence for 

either the accuser or the accused in any 

meeting or institutional disciplinary 

proceeding; however, the institution may 

establish restrictions regarding the extent to 

which the advisor may participate in the 

proceedings, as long as the restrictions apply 

equally to both parties;

What does this mean? 

While institutions may not limit an accused or accuser’s 

choice of advisor, they may restrict the advisor’s role, such as 

prohibiting the advisor from speaking during the proceeding, 

addressing the disciplinary tribunal or questioning witnesses. 

Institutions may remove or dismiss advisors who become 

disruptive or who do not abide by the restrictions on their 

participation. Institutions should inform all parties of any 

limitations on the advisor’s participation before a proceeding is 

scheduled so that both parties understand and respect these 

limitations. 

• require simultaneous notification, in writing, 

to both the accuser and the accused of

– the result of any institutional disciplinary 

proceeding that arises from an allegation 

of dating violence, domestic violence, 

sexual assault or stalking; 

– the institution’s procedures for the 

accused and the victim to appeal the result 

of the institutional disciplinary 

proceeding, if such procedures are 

available; 

– any change to the result; and

– when such results become final.

What does this mean? 

“Result” is defined as any initial, interim and final 

decision by any official or entity authorized to resolve 

disciplinary matters within the institution. The result must 

include any sanctions imposed by the institution. 

Notwithstanding section 444 of the General Education 
Chapter 8. Policies, Procedures, and Programs: Dating Violence, Domestic Violence, Sexual Assault, and Stalking

8-22 The Handbook for Campus Safety and Security Reporting

Provisions Act (20 U.S.C. 1232g), commonly referred to as the 

Family Educational Rights and Privacy Act (FERPA), the 

result must also include the rationale for the result and the 

sanctions. 

In explaining the rationale for the result and sanctions, 

the official or entity must explain how it weighted the evidence 

and information presented during the proceeding, and explain 

how the evidence and information support the result and 

sanctions. You must describe how the institution’s standard of 

evidence was applied. It is not sufficient to say only that the 

evidence presented either met or did not meet the institution’s 

standard of evidence. 

This means that there can be no substantive discussion of 

the findings or conclusion of the decision maker, or discussion 

of the sanctions imposed, with either the accuser or the accused 

prior to simultaneous notification to both of the result. 

h. a statement that, when a student or employee 

reports to the institution that the student or 

employee has been a victim of dating violence,

domestic violence, sexual assault or stalking, 

whether the offense occurred on or off campus, 

the institution will provide the student or 

employee a written explanation of the student’s or 

employee’s rights and options. 

What does this mean? 

State that you will provide victims of dating violence, 

domestic violence, sexual assault or stalking with written 

documentation of their rights and options. This documentation 

must be a prepared, standardized and written set of materials 

including detailed information regarding victims’ rights and 

options. This does not mean that you hand the student a copy 

of the annual security report or the policy statements contained 

in the annual security report. 
Chapter 8. Policies, Procedures, and Programs: Dating Violence, Domestic Violence, Sexual Assault, and Stalking

The Handbook for Campus Safety and Security Reporting 8-23 

Advising the Campus Community 

About Sex Offenders

Sex offender registration 

information citation

34 CFR 668.46(b)(12)

Your institution must provide a statement advising the 

campus community about where law enforcement agency 

information provided by a state concerning registered sex 

offenders may be obtained, such as the law enforcement office 

of the institution, a local law enforcement agency with 

jurisdiction for the campus or a computer network address. 

What does this mean? 

Upon release from prison, individuals convicted of sex 

crimes may be required by law to register with law 

enforcement agencies (some of these laws are referred to as 

“Megan’s Laws”). If registered sex offenders are enrolled at or

employed at a postsecondary institution, the offenders also 

must provide this information to the state. The state then 

provides the information to campus police departments or to 

other law enforcement authorities in the jurisdiction where the 

institution is located. 

Your institution is not required to request this 

information from the state; rather, the state must provide this

information to the campus police department or other law 

enforcement authorities in your school’s jurisdiction. In turn, 

your institution is required to advise the campus 

community how to access this information. The law doesn’t, 

however, require you to disseminate additional information 

about the offenders. You are responsible for notifying the 

campus community if there is a change in how the data can be 

obtained. For example, if you were directing people to a local 

law enforcement agency for information and the agency tells 

you that they are now using a website to maintain the data, you 

must then provide the URL for the site to the campus 

community.

If the state in which your institution is located does not 

currently register sex offenders, or does not provide campus 

police or your local law enforcement agency with this 

information, include a statement to this effect in your annual 

security report. However, you would be required to advise the 

campus community about obtaining registered sex offender 

information should the state provide it at a future date.
This page intentionally left blank.
The Handbook for Campus Safety and Security Reporting 9-1 

The Annual Security 

Report: Publishing Policy 

Statements and Crime Statistics 

CHAPTER 9

Annual security report 

requirement citation

34 CFR 668.41(e)

You have a lot of information and may be wondering, “Now 

what do I do with this?” This chapter walks you through the 

steps necessary to comply with the regulations concerning the 

publication and distribution of your Clery Act-mandated annual 

security report. 

Specifically, you must 

• publish the report by the deadline; 

• include the required policy statements; 

• include three years’ worth of Clery Act statistics;

• determine who gets the report; 

• distribute the report; and

• retain records associated with the report. 

When is the deadline? You must publish and 

distribute your annual security report by Oct. 1 each year. 

This is a firm deadline. There is no grace period and there are 

no exemptions. Every eligible postsecondary institution that 

participates in any Title IV federal student financial assistance 

program must publish an annual security report.

What should the publication look like? Whether you 

produce the report as a separate publication or as part of 

another publication, it must be contained within a single 

document. You cannot publish it in sections or multiple 

volumes. If you post the report on your institution’s website, 

clearly identify it as a single, separate part of the site. You may 

include the report in a publication, such as a campus directory 

that is given to all students and employees, provided the report 

appears in its entirety within that publication. You don’t have 

You must publish 

and distribute 

your annual 

security report by 

Oct. 1 each year. 

This is a firm 

deadline. There 

are no grace 

periods and there 

are no 

exemptions.
Chapter 9. The Annual Security Report: Publishing Policy Statements and Crime Statistics

9-2 The Handbook for Campus Safety and Security Reporting

to provide the report to both students and employees in the 

same publication, however. If the report is incorporated into a 

larger publication, the cover must identify the inclusion of the 

annual security report. 

If your institution has multiple campuses, remember 

that Clery Act requirements must be met individually for each 

separate campus. (See “Other On-campus Considerations” in 

Chapter 2 for more information on separate campuses.) You 

may publish a single document covering all campuses as long 

as you clearly identify the policy statements and crime 

statistics that are associated with each campus.

Presenting Your Policy Statements in the 

Annual Security Report 

Disclosure of policy 

statements in annual 

security report citation

34 CFR 668.46(b)(2)–(14)

As you compile the section on policy statements, keep 

the focus of the requirement in mind: disclosure of the 

procedures, practices and programs your institution uses to 

keep students and employees safe and its facilities secure. 

Present your statements in an accurate, concise, readable and 

organized manner. 

The required policy statements are discussed in detail in 

chapters 7 and 8. They may precede or follow the crime 

statistics in your report. 

Presenting General Crime Statistics and 

Arrest and Disciplinary Referral 

Statistics 

Disclosure of crime statistics 

in annual security report 

citation

34 CFR 668.46(b)(1)

Present all statistics other than those for Hate Crimes and 

unfounded crimes in a tabular format. This means that all 

Criminal Offenses, VAWA Offenses, and arrests and referrals 

for disciplinary action for Weapons, Drug Abuse and Liquor 

Law Violations should be presented in a table or tables. Use 

clear and consistent labeling to make the information presented 

easy to read. Include caveats as necessary to explain the data in 

the table. For example, if your institution housed students in an 

on-campus dormitory for the first time last year, it would be 

helpful to provide a caveat explaining why crime statistics for 

the “on-campus student housing facilities” category are 

included for only the most recent year. If you are including 

non-Clery Act statistics in your annual security report 
Chapter 9. The Annual Security Report: Publishing Policy Statements and Crime Statistics

The Handbook for Campus Safety and Security Reporting 9-3 

(i.e., non-Clery Act crimes and/or crimes that occurred outside 

of your Clery Act geographic locations), present those statistics 

in a clearly labeled separate table or in a caveat.

Use the following guidelines when presenting your crime 

statistics. (See Chapter 3 for crime definitions and information 

on counting crimes.) 

• Years reported. Include statistics for the three most 

recent completed calendar years. Enter statistics for 

each year separately. For example, for your 2015 

report, enter statistics separately for 2012, 2013 and 

2014. 

• Geographic category. Include categories for all 

required geographic locations (on-campus, public 

property and noncampus) that pertain to your 

institution. If your institution has on-campus student 

housing facilities include that category as well. 

Remember that statistics for on-campus student 

housing facilities must be included in the on-campus 

statistics and also disclosed separately in the oncampus student housing facility category. If your 

institution does not have any on-campus student 

housing facilities or any noncampus buildings or 

property, include a caveat stating this.

• Crime category. Include all required crime 

categories and list each one separately as shown in 

the sample table on the next page.

• Categories with no crimes. Do not leave any cells 

blank even if you have no crimes to disclose for a 

particular category. Zero (0) is a statistic; enter a zero 

whenever there are no reported crimes to disclose in a 

particular table cell.

• Required sources. Include all Clery Act crimes 

reported to campus police or security (if applicable), 

other campus security authorities and local law 

enforcement agencies (if the agencies have provided 

statistics). 

A sample table follows; however, there is no 

prescribed format for how your table or tables should 

look. 
Chapter 9. The Annual Security Report: Publishing Policy Statements and Crime Statistics

9-4 The Handbook for Campus Safety and Security Reporting

Figure 9. Sample Criminal Offenses Reporting Table 

GEOGRAPHIC LOCATION

OFFENSE YEAR

ONCAMPUS 

PROPERTY

ON-CAMPUS 

STUDENT 

HOUSING 

FACILITIES

NONCAMPUS 

PROPERTY

PUBLIC 

PROPERTY

MURDER / NON-NEGLIGENT MANSLAUGHTER

MANSLAUGHTER BY NEGLIGENCE

RAPE

FONDLING

INCEST

STATUTORY RAPE

ROBBERY

AGGRAVATED ASSAULT

BURGLARY

MOTOR VEHICLE THEFT

ARSON
Chapter 9. The Annual Security Report: Publishing Policy Statements and Crime Statistics

The Handbook for Campus Safety and Security Reporting 9-5 

Figure 10. Sample VAWA Offenses Reporting Table

GEOGRAPHIC LOCATION

OFFENSE YEAR

ONCAMPUS 

PROPERTY

ON-CAMPUS 

STUDENT 

HOUSING 

FACILITIES

NONCAMPUS 

PROPERTY

PUBLIC 

PROPERTY

DOMESTIC VIOLENCE

DATING VIOLENCE

STALKING

Figure 11. Sample Arrests and Disciplinary Referrals Reporting Table

GEOGRAPHIC LOCATION

OFFENSE YEAR

ONCAMPUS 

PROPERTY

ON-CAMPUS 

STUDENT 

HOUSING 

FACILITIES

NONCAMPUS 

PROPERTY

PUBLIC 

PROPERTY

ARRESTS:

WEAPONS: CARRYING, POSSESSING, ETC.

DISCIPLINARY REFERRALS:

WEAPONS: CARRYING, POSSESSING, ETC.

ARRESTS:

DRUG ABUSE VIOLATIONS

DISCIPLINARY REFERRALS:

DRUG ABUSE VIOLATIONS

ARRESTS:

LIQUOR LAW VIOLATIONS

DISCIPLINARY REFERRALS: 

LIQUOR LAW VIOLATIONS
Chapter 9. The Annual Security Report: Publishing Policy Statements and Crime Statistics

9-6 The Handbook for Campus Safety and Security Reporting

Presenting Hate Crime Statistics in the 

Annual Security Report 

You may present Hate Crime data in either a tabular 

format or in a narrative or descriptive format. Either way, 

use the following bulleted guidelines when presenting the 

statistics. (See Chapter 3 for information on categorizing and 

counting Hate Crimes.)

• Years. Include statistics for the three most recent 

calendar years.

• Geographic category. Present statistics by 

geographic location. (For more information on 

geographic locations, see Chapter 2.) 

• Crime category. Include all Clery Act offenses that 

are classified as Hate Crimes as well as incidents of 

Larceny-Theft, Simple Assault, Intimidation and 

Destruction/Damage/Vandalism of Property that are 

classified as Hate Crimes. For Clery Act reporting 

purposes, Negligent Manslaughter, arrests and 

referrals for disciplinary action for Weapons, 

Carrying, Possessing, Etc., Drug Abuse Violations or 

Liquor Law Violations are not reported as Hate 

Crimes. (For more information on crime categories, 

see Chapter 3.)

• Bias category. Include the category of bias for each 

Hate Crime. (For more information on categories of 

bias, see “Hate Crimes” in Chapter 3.)

Figure 12. Examples of Descriptive Hate Crime Reporting

Example 1: Hate Crimes 

2014: One on-campus Intimidation incident characterized by religious bias.

2013: One noncampus Robbery characterized by National Origin bias, and one public 

property Aggravated Assault characterized by Sexual Orientation bias.

2012: No Hate Crimes reported.

Example 2: Hate Crimes

There were no reported Hate Crimes for the years 2012, 2013 or 2014.
Chapter 9. The Annual Security Report: Publishing Policy Statements and Crime Statistics

The Handbook for Campus Safety and Security Reporting 9-7 

Presenting Statistics for Unfounded 

Crimes in the Annual Security Report 

You may present statistics for unfounded crimes in either 

a tabular format, or in a narrative or descriptive format. 

Either way, include one statistic for each of the three most 

recent calendar years. For each of the three years, you are 

required to report the total number of unfounded crimes across 

all Clery Act geographic categories and Clery Act crimes. You 

are not required to break down the number of unfounded 

crimes by geographic category or type of crime. Do not include 

unfounded crimes that were originally reported to have 

occurred outside of your Clery Act geography, or unfounded 

crimes that were not Clery Act crimes. (See Chapter 3 for a 

detailed discussion of Unfounded Crimes.) 

Figure 13. Examples of Descriptive Unfounded Crime Reporting

Example 1: Unfounded Crimes

2015: Five unfounded crimes.

2014: Ten unfounded crimes.

2013: Three unfounded crimes.

Example 2: Unfounded Crimes

There were three unfounded crimes in 2013, 10 unfounded crimes in 2014 and five 

unfounded crimes in 2015.

Distributing the Annual Security Report 

Who gets the annual security report? You must 

distribute the report to all currently enrolled students 

(including those attending less than full-time and those not 

enrolled in Title IV programs or courses) and all employees by 

Oct. 1 each year. You also must provide the report to any 

prospective student or prospective employee upon request. A 

prospective student is defined as an individual who has 

contacted an eligible institution requesting information about 

admission to that institution. A prospective employee is 

defined as an individual who has contacted an eligible 

institution requesting information concerning employment with 

that institution. 
Chapter 9. The Annual Security Report: Publishing Policy Statements and Crime Statistics

9-8 The Handbook for Campus Safety and Security Reporting

If you have students who are enrolled in your institution 

but who are currently taking courses at another school or who 

are not taking courses but are completing thesis or dissertation 

work, you are still required to provide them with your annual 

security report. 

How should the report be distributed? You must 

distribute the report to all enrolled students and current 

employees in one of two ways: 

1. Directly by publications and mailings. You may 

give a copy of your annual security report 

directly to each individual or by direct mailing 

the report to each individual through 

• the United States Postal Service or any other 

direct mail service (i.e. Federal Express);

• campus mail; 

• e-mail; or

• a combination of these methods. 

2. Posting the annual security report on an Internet 

or intranet website that is reasonably accessible 

to enrolled students and to current employees. 

You may use this method only if you distribute an 

individual notice about the annual security report to 

each student and employee by Oct. 1. Do not bury 

the notice in another document where a student or 

employee may be unlikely to read it. The notice 

should include 

• a statement of the report’s availability. 

• a list and brief description of the information 

contained in the report. 

• the exact address (URL) of the Internet or 

intranet website at which the report is posted. 

This means that you must provide a direct link 

to the annual security report. It is not acceptable 

simply to give the URL for the institution’s 

website. 
Chapter 9. The Annual Security Report: Publishing Policy Statements and Crime Statistics

The Handbook for Campus Safety and Security Reporting 9-9 

This does not mean that all of your Clery Actrelated items must be located at this URL. You 

may provide links from this URL to such items

as your crime log, additional annual security 

reports for your separate campuses, etc. 

• a statement that the school will provide a paper 

copy of the annual security report upon request. 

This request does not have to be made in 

writing. You may not charge fees to individuals 

for copies of the annual security report, nor can 

you include the annual security report in any 

publication for which you charge a fee. 

Important note for institutions with on-campus 

student housing facilities:

If your institution has any on-campus student housing 

facilities you must also publish an annual fire safety report as 

described in Chapter 14. You may publish both reports together 

as long as the title of the document clearly states that it 

contains both the annual security report and the annual fire 

safety report. If you choose to publish the two reports 

separately, you must include information in each of the two 

reports about how to directly access the other report. Do not 

simply state that the other report is available.

Providing the Annual Security Report to 

Prospective Students and Employees 

As stated previously, you must also make the report 

available to prospective students and employees. Do this by 

providing prospective students and prospective employees with 

a notice containing

• a statement of the report’s availability;

• a description of its contents; and

• the opportunity to request a copy. 

You may provide this notice to prospective students and 

prospective employees along with other information your 

institution provides to them. If your institution solicits 

applications for a faculty or an adminstrative position through 

an advertisement, the institution is required to provide a notice 

of the availability of the annual security report to those 
Chapter 9. The Annual Security Report: Publishing Policy Statements and Crime Statistics

9-10 The Handbook for Campus Safety and Security Reporting

individuals it interviews. However, you are not required to 

include notification in the job advertisement, nor are you 

required to notify an individual to whom you simply sent a 

rejection letter based on his or her unsolicited employment 

application. 

If you choose to provide your annual security report to 

prospective students and prospective employees by posting the 

report on an Internet site, the notice provided to each individual 

must include 

• the exact URL for where the report is posted; 

• a brief description of the report; and 

• a statement that the institution will provide a paper 

copy of the report upon request. 

Note that you may not use an intranet site to make 

disclosures to prospective students and employees. 

Correcting the Annual Security Report 

If your institution makes corrections to your statistical 

disclosures or changes its safety and security policies at any 

time after publishing your annual security report for a 

particular year (no later than Oct. 1), you must update your 

annual security report.

If your institution corrects the crime statistics for a 

previous calendar year, you must correct the statistics in all 

previous annual security reports that included the statistics. For 

example, if your institution discovers in December 2015 that 

the numbers reported for 2013 on-campus disciplinary actions 

were incorrect, you must correct the 2013 statistics in the 2014 

and 2015 annual security reports. 

If your institution makes changes to its safety and 

security policies, you must update the information in your most 

recent annual security report to reflect your new policies. The 

statements or descriptions in your annual security report must 

accurately reflect your institution’s current procedures and 

practices.

When a change is made to the statistics or policies in an 

annual security report, you should add a note to the annual 

security report explaining the change. This note should include 
Chapter 9. The Annual Security Report: Publishing Policy Statements and Crime Statistics

The Handbook for Campus Safety and Security Reporting 9-11 

what change was made, the date the change was made and the 

reasons for the change. 

Once revised, you must redistribute the annual security 

report following the notification procedures described in 

Distributing the Annual Security Report. If you post the 

revised annual security report online, you must distribute a 

notice about the availability of a revised annual security report 

to each student and employee. 

Retaining Records 

Be sure to retain the annual security report and all 

supporting records used in compiling the report for three years 

from the latest publication of the report to which they apply. 

For example, the 2015 annual security report should contain 

statistics for 2012, 2013 and 2014. The 2012 statistics and 

supporting records must be kept until Oct. 1, 2018—in effect, 

seven years. 

Records to be kept include, but are not limited to, the 

following: copies of crime reports; the daily crime logs; 

records for arrests and referrals for disciplinary action; timely 

warning and emergency notification reports; documentation, 

such as letters to and from local police having to do with Clery 

Act compliance; letters to and from campus security 

authorities; correspondence with us regarding Clery Act

compliance; and copies of notices to students and employees 

about the availability of the annual security report. Make sure 

to date all documentation, and ensure it is easily retrievable. If 

you scan paper documents for archival purposes, be sure to 

scan the complete document. We suggest that you have more 

than one person at your school who knows where the 

documentation is kept. 

Submitting Crime Statistics to the Department 

Although you are not required to send us your annual 

security report, you must submit the crime statistics from the 

report to the Department via the annual Campus Safety and 

Security Survey. This Web-based survey is used to collect the 

statistical data from your annual security report and your 

annual fire safety report (if your institution has any on-campus 

student housing facilities).The data are then posted on our 

public website for use by higher education consumers and the 

public. The site is located at http://ope.ed.gov/campussafety. 

Be sure to retain 

the annual 

security report 

and all supporting 

records used in 

compiling the 

report for three 

years from the 

latest publication 

of the report to 

which they 

apply—in effect, 

seven years. 
Chapter 9. The Annual Security Report: Publishing Policy Statements and Crime Statistics

9-12 The Handbook for Campus Safety and Security Reporting

Each year, a few weeks prior to the collection, we send a 

letter and a registration certificate to your institution’s chief 

executive officer. The letter explains this important Clery Act

requirement. The certificate contains the following information 

necessary to access the survey and enter data:

• Institution’s User ID—Typically, this ID consists of 

an uppercase letter plus an eight-digit number. For 

example: C21370001. We issue a new User ID every 

year.

• Institution’s Password—The password is a 

combination of nine letters, numbers and symbols. 

For example: Ab3y22*Z4. We issue a new password 

every year.

• Survey address—

https://surveys.ope.ed.gov/campussafety. 

• Campus Safety and Security Help Desk telephone 

number—(800) 435–5985. 

• Campus Safety and Security Help Desk e-mail 

address—campussafetyhelp@westat.com.

• Data collection dates—Aug. __ to Oct. __ 20__. 

Detailed step-by-step screen instructions for the survey 

are provided in the User’s Guide for the Campus Safety and 

Security Data Collection. The user’s guide is located online at 

https://surveys.ope.ed.gov/campussafety. 

Note that if your institution became Title IV eligible 

after Jan. 31, your institution is exempt from participating in 

the Web-based data collection (i.e., the Campus Safety and 

Security Survey) for the calendar year in which you became 

eligible. The regulations require you to disclose crime and fire 

statistics each year for the previous three years.5 However, if, 

for example, your institution became Title IV eligible in July 

2014, you would not have collected any HEA crime and fire 

statistics prior to that date. Because the online survey collects 

statistics for an entire calendar year, your institution would not 

participate in the survey until you had an entire year of 

statistics. In this case, you would participate in the 2016 survey 

for the collection of 2015 statistics. 

 

5 Only schools that have on-campus student housing facilities must disclose fire statistics.
Chapter 9. The Annual Security Report: Publishing Policy Statements and Crime Statistics

The Handbook for Campus Safety and Security Reporting 9-13 

This exemption applies only to the online data 

collection. You must still complete an annual security report 

that includes current policy statements and partial-year crime 

statistics, provide that report to your students and employees, 

and make it available to potential students and employees. 

Partial-year statistics in the annual security report should 

include all crimes reported between the date the institution 

became Title IV eligible and the end of the calendar year. If for 

example, your institution became Title IV eligible in July 2014, 

you are required to 

• publish an annual security report by Oct. 1, 2014, that 

includes current policies (no crime statistics 

required);

• publish an annual security report by Oct. 1, 2015, that 

includes current policies and crimes that were 

reported between July and December 2014; and

• publish an annual security report by Oct. 1, 2016, that 

includes current policies, partial-year statistics for 

2014, and full calendar-year statistics for 2015. 

Institutions or individual campuses that close prior to 

Oct. 1 are not required to complete the online survey or publish 

an annual security report for that year. 
This page intentionally left blank.
The Handbook for Campus Safety and Security Reporting 10-1 

Missing Students:

The Twenty-four Hour Rule

CHAPTER 10

Missing student notification 

policy disclosure citation

34 CFR 668.46(b)(14)

If your institution has any on-campus student housing 

facilities, you are required to comply with the Department’s 

missing student notification regulations. (Please see 

“Definition of an On-campus Student Housing Facility” in 

Chapter 2.) The Department’s missing student regulations 

relate only to students who reside in on-campus housing. 

They do not address students living in any noncampus student 

housing your institution owns or controls. If you have multiple 

campuses, you have to comply with these regulations only at 

those that have on-campus student housing facilities. If your 

institution has any foreign campuses with on-campus student 

housing facilities, those campuses also must comply with 

missing student notification regulations. Note that these 

regulations do not address students who are residing off 

campus while attending study abroad programs.

Your institution must

• issue a policy statement that addresses missing 

student notification for students residing in oncampus student housing; and 

• include procedures that your institution will follow if 

any of those students is determined to be missing for 

24 hours. 

The essence of the requirement is that if a student who 

lives in on-campus student housing is determined to have been 

missing for 24 hours, you have only 24 hours after receiving 

this information in which to initiate specific notification 

procedures. This requirement does not preclude your

institution from making a determination that a student is 

missing before the student has been missing for a full 24 

hours, or from initiating notification procedures as soon as 

it determines that the student is missing. In other words, you 

must initiate HEA-related procedures if a student has been 

determined to be missing for 24 hours; however, you may act 

sooner. 

The Department’s 

missing student 

regulations relate 

only to students 

who reside in oncampus housing. 
Chapter 10. Missing Students: The Twenty-four Hour Rule

10-2 The Handbook for Campus Safety and Security Reporting

Include your policy and procedures statement in your 

institution’s annual security report. You can include it with 

your institution’s other campus security policy statements, in 

any order that you choose. Make sure that you clearly state that 

this policy focuses only on students residing in on-campus 

student housing. If your institution has a policy that applies to 

all missing students regardless of whether they live on campus 

or off campus, you may issue a single missing student policy 

statement providing it fully and clearly addresses each of the 

required HEA components for students living in on-campus 

housing. 

Policy Statement Requirements for missing 

student notification policy 

statement citation

34 CFR 668.46(h)

Your missing student policy statement must

1. indicate a list of titles of the persons or 

organizations to which students, employees or 

other individuals should report that a student has 

been missing for 24 hours; 

What does this mean? 

You must provide a list of individuals or organizations 

that people should contact if they have reason to believe a 

student who lives in on-campus student housing has been 

missing from campus for 24 hours. Use complete titles, such as 

“dean of housing” rather than “the dean,” and “City of 

Rockville Police Department” rather than “the police.” Include 

contact information for each listing. 

2. require that any missing student report must be 

referred immediately to the institution's police or 

campus security department, or, in the absence of 

an institutional police or campus security 

department, to the local law enforcement agency 

that has jurisdiction in the area; 

What does this mean? 

This component addresses what your institution is 

obligated to do when a missing student report is received from

anyone, even individuals not affiliated with your school. 

If your institution has a campus police or security 

department, your policy must state that anyone receiving a 
Chapter 10. Missing Students: The Twenty-four Hour Rule

The Handbook for Campus Safety and Security Reporting 10-3 

missing student report should immediately bring it to that 

department’s attention. If your institution does not have a 

campus police or security department, the report should 

immediately be brought to the attention of the local law 

enforcement agency that has jurisdiction in your area. Include 

contact information for that agency. (For help in determining 

the law enforcement agency or agencies that have jurisdiction 

in your area, see “How Do You Obtain Statistics From Local 

Law Enforcement?” in Chapter 4.) Every report must be 

forwarded to the appropriate entity regardless of how long the 

student is believed to have been missing. 

3. contain an option for each student to identify a 

contact person or persons whom the institution 

shall notify within 24 hours of the determination 

that the student is missing, if the student has been 

determined missing by the institutional police or 

campus security department, or the local law 

enforcement agency; 

What does this mean? 

This component addresses your institution’s obligation to 

advise every student who lives in on-campus student housing,

regardless of age, that he or she may register one or more 

individuals to be a contact strictly for missing persons 

purposes. The contact person can be anyone. You must give 

students this option even if they have already identified a 

general emergency contact. A student may identify the same 

individual for both purposes, but your institution may not 

assume that a general emergency contact is also the missing 

person contact. Offer students this option annually regardless 

of whether they chose to register a contact the previous year. If 

any students move into on-campus student housing mid-year, 

you must give them the option to name a contact person as 

well. Include in your policy statement information about how a 

student can register a contact or contacts.
Chapter 10. Missing Students: The Twenty-four Hour Rule

10-4 The Handbook for Campus Safety and Security Reporting

4. advise students that their contact information will 

be registered confidentially, that this information 

will be accessible only to authorized campus 

officials, and that it may not be disclosed, except 

to law enforcement personnel in furtherance of a 

missing person investigation; 

What does this mean? 

This component addresses how a student’s contact 

person information will be maintained and who is allowed 

access to it. Inform students that the information will be kept 

confidential. To protect confidentiality, general emergency 

contact information and missing student contact information 

must be kept separate, even if the student has registered the 

same person for both purposes. Because the HEA requires the 

information to be kept confidential, student’s contact 

information has greater privacy protections than the Family 

Educational Rights and Privacy Act (FERPA) provides. 

State that contact information may be accessed only by 

authorized campus officials. Although your policy statement 

does not have to contain the names or titles of the authorized 

officials, you should document this information for your 

records. Those officials may disclose the contact information 

only to law enforcement officials and only for the purpose of a 

missing student investigation. In issuing this policy statement, 

you are letting students know that if they register a contact 

person, they are, in effect, also providing permission for law 

enforcement personnel to contact the identified individual for 

the purpose of a missing student investigation. 

5. advise students that if they are under 18 years of 

age and not emancipated, the institution must 

notify a custodial parent or guardian within 24 

hours of the determination that the student is 

missing, in addition to notifying any additional 

contact person designated by the student;

What does this mean? 

This part of your statement addresses students who are 

under the age of 18 and are not emancipated, that is, not legally 

independent of their parents. State that if it has been 

determined that such a student has been missing for 24 hours, 

the institution will notify both the student’s custodial parent or 

To protect 

confidentiality, 

general 

emergency 

contact 

information and 

missing student 

contact 

information must 

be kept separate, 

even if the 

student has 

registered the 

same person for 

both purposes. 
Chapter 10. Missing Students: The Twenty-four Hour Rule

The Handbook for Campus Safety and Security Reporting 10-5 

guardian and the student’s contact person, if he or she has 

registered one, that the student is missing.

6. advise students that the institution will notify the 

local law enforcement agency within 24 hours of 

the determination that the student is missing, 

unless the local law enforcement agency was the 

entity that made the determination that the 

student is missing. 

What does this mean? 

Include a statement that once a determination has been 

made that a student living in on-campus student housing is 

missing, your institution will notify local law enforcement of 

the situation within 24 hours. The only exception is when it 

was the law enforcement agency that made the determination. 

This statement addresses any missing student who lives in oncampus student housing regardless of age or status, and 

regardless of whether he or she registered a confidential 

contact person. 

Procedures 

Your institution’s missing student notification procedures 

must go into effect within 24 hours of the determination that a 

student who lives in on-campus student housing has been 

missing for 24 hours. Again, this doesn’t preclude initiating 

notification procedures as soon as your institution determines 

that a student is missing.

Your policy statement must include the procedures that 

will be followed in the case of a missing student report. In 

addition to any other steps your institution might take, you 

must include the following: 

1. If the student has designated a contact person, 

notifying that contact person within 24 hours that 

the student is missing. 

What does this mean? 

State that if a student has registered a contact person, the 

institution will notify him or her no later than 24 hours after it’s 

been officially determined that the student is missing. This 

does not have to be an in-person contact. If a student identifies 

Your institution’s 

missing student 

notification 

procedures must 

go into effect 

within 24 hours of 

the determination 

that a student 

who lives in 

on-campus 

student housing 

has been missing 

for 24 hours. 
Chapter 10. Missing Students: The Twenty-four Hour Rule

10-6 The Handbook for Campus Safety and Security Reporting

multiple contacts, they can be contacted in an order determined 

by the institution. If a student registers multiple contact persons 

and the first person contacted confirms that the student is not 

missing, the institution must contact each additional contact 

person in turn, unless the student in question is contacted by 

the institution or contacts the institution. If your institution is 

unsuccessful in contacting the named individual or individuals, 

document your attempts. 

The official determination that the student is missing can 

be made at any time by the campus police or security 

department (if the campus has one) or by the local law 

enforcement agency that has jurisdiction where the campus is 

located. For example, suppose a student goes to your campus 

security office at 10 a.m. on a Monday and reports that a 

student living in her dorm left the campus at 9 p.m. Sunday and 

didn’t return for her Monday 8 a.m. class. The student has been 

missing for 11 hours. Campus security investigates and comes 

to the conclusion at 11:15 a.m. that the student is missing. If 

the missing student has identified a confidential contact, 

campus security has 24 hours (i.e., until 11:15 a.m. Tuesday) to 

notify that contact person. 

2. If the student is under 18 years of age and is not 

emancipated, notifying the student's custodial 

parent or guardian and any other designated 

contact person within 24 hours that the student is 

missing. 

What does this mean? 

These procedures address students under 18 who are not 

legally independent of their parents. If it’s determined that such 

a student has been missing for 24 hours, the institution has only 

24 hours in which to contact (in no required order) 

• the custodial parent or guardian; and

• The confidential contact person, if the student has 

identified one. 

These regulations do not preclude the institution from 

contacting the student's contact person or the custodial parent 

or guardian immediately upon determination that the student is 

missing. 
Chapter 10. Missing Students: The Twenty-four Hour Rule

The Handbook for Campus Safety and Security Reporting 10-7 

3. Regardless of whether the student has identified a 

contact person, is above the age of 18 or is an 

emancipated minor, informing the local law 

enforcement agency that has jurisdiction in the 

area within 24 hours that the student is missing.

What does this mean? 

You must state that your institution will notify the local 

law enforcement agency when any student who lives in oncampus student housing has been determined to be missing for 

24 hours. You must do this even if your school has a campus 

police or security department. 

Note that this procedure differs from no. 2 under the 

Policy Statement section, which requires missing student 

reports to be forwarded to a local law enforcement agency if 

your school does not have a campus police or security 

department. Procedure no. 3 directly above, requires your 

institution to forward the information that a student has been 

determined to be missing.
This page intentionally left blank.
The Handbook for Campus Safety and Security Reporting 11-1 

Fire Safety Disclosures:

Requirements and Definition 

Of a Fire

CHAPTER 11

Institutional fire safety 

regulations citation

34 CFR 668.49

The HEA fire safety regulations apply only to institutions 

with on-campus student housing facilities and focus 

exclusively on those facilities. (See “Definition of an Oncampus Student Housing Facility” in Chapter 2.) The 

regulations do not apply to other buildings on your campus or 

to any noncampus student housing facilities your institution 

might own or control. If you have multiple campuses, you 

must comply with the regulations only at those that have oncampus student housing facilities. If your institution has any 

foreign campuses with on-campus student housing facilities, 

you must comply with the HEA fire safety regulations at those 

campuses.

An institution with on-campus student housing facilities 

is required to 

• maintain a log of all reported fires that occur in those 

on-campus student housing facilities; 

• publish an annual fire safety report that contains fire 

safety policies and fire statistics for each of those 

facilities; and 

• submit the fire statistics from the fire safety report 

annually to the Department. 

The fire log is discussed in Chapter 12, fire statistics are 

discussed in Chapter 13 and the annual fire safety report is 

discussed in Chapter 14. First, though, to comply fully and 

accurately with the requirements found in those chapters, you 

need to understand how to define a fire for the purposes of the 

HEA. 

Definition of a Fire 

Fire log requirement citation

34 CFR 668.49(d)

Annual fire safety report 

citation

34 CFR 668.49(b)

Fire statistics disclosure 

requirement citation

34 CFR 668.49(c)

For the purposes of fire safety reporting, a “fire” is 

defined as any instance of open flame or other burning in a 
Chapter 11. Fire Safety Disclosures: Requirements and Definition of a Fire

11-2 The Handbook for Campus Safety and Security Reporting

place not intended to contain the burning or in an uncontrolled 

manner.

This definition contains two descriptions of fire. The first 

is “any instance of open flame or other burning in a place not 

intended to contain the burning.” Some examples are 

• trash-can fire

• oven or microwave fire 

• burning oven mitt on a stove 

• grease fire on a stovetop

• flame coming from electric extension cord

• burning wall hanging or poster 

• fire in an overheated bathroom vent fan 

• couch that is burning without any flame evident 

The second type of fire is “any instance of open flame or 

other burning in an uncontrolled manner.” Some examples 

are

• chimney fire

• gas stove fire

• fuel burner or boiler fire 

Include

• all fires that meet the definition regardless of 

– size

– cause 

– whether the fire results in injury, death or 

property damage 

– your institution’s fire safety policies. Even if 

your institution prohibits the burning of candles 

in dorms, a lit candle doesn’t meet the 

definition of a fire. If drapes catch on fire due 
Chapter 11. Fire Safety Disclosures: Requirements and Definition of a Fire

The Handbook for Campus Safety and Security Reporting 11-3 

to brushing against a lit candle, the burning 

drapes meet the definition. 

• fires on the roof or the outside walls of a building 

even if the fire doesn’t reach the inside 

• an incident where there is evidence that there was

burning, for example, a singed electrical cord

• fires in parking facilities and dining halls that are

physically attached to and accessed directly from,

on-campus student housing facilities. “Accessed 

directly from” means that an individual can enter the 

parking area or dining hall directly from the housing 

area without leaving the building. Note that if there is 

a vehicle fire (i.e., a fire that is confined to a vehicle) 

in a student housing facility parking garage, this is 

not a student housing facility fire. However, if there 

is a fire in the garage that spreads to a vehicle, or if a 

vehicle fire spreads to the garage, this is a student 

housing facility fire. 

• fires reported to any official at your institution 

(e.g., to a residence life officer), not just campus fire 

authorities or campus security authorities. 

Do not include

• sparks or smoke where there is no open flame or 

other burning 

• such incidents as burnt microwave popcorn that 

trigger fire alarms or smoke detectors but where there 

are no open flames or other burning 

• attempted Arson in cases where there is no open 

flame or burning. (Attempted Arson must be included 

along with statistics for completed Arson in your 

Clery Act crime statistics, however. See “Types of 

Criminal Offenses,” no. 7 in Chapter 3 for more 

information about Arson.) 

• fires in parking facilities and dining halls that are not 

physically attached to and accessed directly from

on-campus student housing facilities, even if the 

facilities are reserved for the use of residents in those 

housing facilities 
Chapter 11. Fire Safety Disclosures: Requirements and Definition of a Fire

11-4 The Handbook for Campus Safety and Security Reporting

• incidents that violate your institution’s fire safety 

policies but that do not meet the definition of a fire. 

For example, if your institution prohibits fires in 

fireplaces in on-campus student housing and a 

student lights a fire in the fireplace, this is not a 

reportable fire under the HEA. However, if the fire 

began burning in an uncontrollable manner and 

ignited the chimney or flue, that would be a 

reportable fire.
The Handbook for Campus Safety and Security Reporting 12-1 

The Fire Log:

Recording Fires in On-campus 

Student Housing Facilities

CHAPTER 12

Fire log citation

34 CFR 668.49(d)

Your institution must maintain a written, easily understood 

fire log that records, by the date reported, any fire that occurs 

in an on-campus student housing facility. You are not 

required to record fires that occur anywhere else on your 

campus in this log. Nor are you required to record fires that 

occur in any noncampus student housing that your school 

might own or control. You may, however, include other fires in 

the log for your institution’s internal record keeping and for 

making the information available to the public. 

You may maintain the log in a hard copy or in an 

electronic format. Either format must be accessible to the 

campus community on-site. This means that if you have 

separate campuses that have on-campus student housing 

facilities, a fire log must be available at, or accessible from, 

each campus. Information from the log should be used in 

calculating the statistics to include in the annual fire safety 

report and the fire statistics submitted to the Department. These 

statistics must also be disclosed to your students and 

employees, and prospective students and employees. 

What Are Reported Fires?

Reported fires include fires that were already 

extinguished as well as those discovered while still burning. 

They include emergency situations involving fires that 

necessitated a call to 911 for fire department assistance, as well 

as minor fires, such as a small trash can fire that was easily 

extinguished without assistance. Fires can be reported by 

anyone, regardless of the individual’s association with your 

institution.

Unlike Clery Act crime reporting, in which a crime is 

“reported” when it is brought to the attention of a campus 

security authority or a local law enforcement agency, there are 

no such restrictions with fire reporting. Any student housing 

fire that is reported to any official at your institution must be 

documented in your fire log. An official is any person who has 

Reported fires 

include fires that 

were already 

extinguished as 

well as those 

discovered while 

still burning. 

Any student 

housing fire that 

is reported to any 

official at your 

institution must 

be documented in 

your fire log. 
Chapter 12. The Fire Log: Recording Fires in On-campus Student Housing Facilities

12-2 The Handbook for Campus Safety and Security Reporting • •

the authority and the duty to take action or respond to 

particular issues on behalf of the institution. To help ensure 

that fire reports get entered into your fire log, your institution 

must have and disclose a policy and procedures informing 

students and employees of the individuals or organizations to 

whom fires should be reported. (More about this in 

Chapter 14.) 

Figure 14. Examples of Reported Fires 

Scenario 1: A student calls a resident assistant from his cell phone to report a small fire in 

a dorm laundry room. When the RA gets to the laundry room there is no evidence or 

indication of a fire. He asks the student who made the report where the fire was and the 

student tells him that a paper had been set on fire on the bulletin board by someone on his 

way out of the room. The student extinguished the burning paper immediately and then 

called the RA. The RA must document the report and forward it to the office maintaining 

the log for entry in the fire log.

Scenario 2: A maintenance worker is repairing a kitchen sink at a Greek house on campus. 

He notices that the stove is scorched and asks a couple of students what happened. They 

tell him that several months ago they had a fire while making dinner. The maintenance 

worker asks the students if they reported the fire and they tell him that they didn’t because 

they were able to extinguish it themselves. The maintenance worker forwards the report to 

the office maintaining the log for entry into the fire log. 

Scenario 3: The city of College Park’s fire department responds to an active fire alarm set 

off by a smoke detector in a student dormitory on campus. Fire personnel investigate but do 

not find evidence of a fire. The fire department determines that workmen using power tools 

to repair a bathroom fan set off the smoke detector. They call the school’s security 

department to report their findings. The security department documents the report in the 

department’s incident log but does not enter it into the fire log. 

Scenario 4: The fire department responds to a fire in the dumpster next to an on-campus 

residence hall. Although not required to enter this fire in the fire log because it occurred 

outside of an on-campus student housing facility, the school decides to enter the fire in the 

log for internal record-keeping purposes. (The school should not include this fire in its oncampus student housing facility fire statistics discussed in Chapter 13.) 
Chapter 12. The Fire Log: Recording Fires in On-campus Student Housing Facilities

The Handbook for Campus Safety and Security Reporting 12-3 

Creating a Fire Log

Required Fire Log Elements

The law allows flexibility in how you design your fire 

log but you must include certain elements. For each fire, the 

log must include 

• the date the fire was reported; 

• the nature of the fire; 

• the date and time of the fire; and

• the general location of the fire. 

You may include other data elements or columns in your 

log for internal record-keeping purposes, but this additional 

information is not required by the HEA. You also may include 

entries for fires other than those in on-campus student housing 

facilities, but you are not required to do so. If you record such 

fires, do not include statistics for them in your HEA-mandated 

annual fire safety report unless they are presented in a separate 

table or in a caveat.

The Date the Fire Was Reported 

Use the date that the fire was initially reported. For 

example, if the fire was reported to a campus dean on a Friday 

and the dean reported it the following Monday to the office 

maintaining the log, Friday’s date would be entered in the log. 

Enter the date the fire was reported regardless of how much 

time has passed since the fire occurred. 

The Nature of the Fire 

For this category you may simply use the causes listed 

under “Cause of Fire” in Chapter 13, or you may elaborate on 

them. Whatever you choose to do, enter a description that 

allows the reader to know what type of fire occurred. For 

example, instead of “accidental” or “Arson,” enter “room fire 

caused by electrical malfunction” or “bulletin board 

intentionally set on fire.” Use descriptions that anyone reading 

the log can understand. Don’t use codes, acronyms or 

abbreviations. 

Enter the date the 

fire was reported 

regardless of how 

much time has 

passed since the 

fire occurred. 
Chapter 12. The Fire Log: Recording Fires in On-campus Student Housing Facilities

12-4 The Handbook for Campus Safety and Security Reporting

The Date and Time of the Fire 

Enter the date the fire occurred and the time it started. If 

you do not know the time the fire started, enter the time it was 

first noticed. If this information is not available, enter an 

approximation or a range, or enter “unknown.” 

The General Location of the Fire 

Enter the location of the fire but do not provide 

personally identifying information. For example, enter “Fourth 

Floor, North Campus Hall” rather than “Room 404, North 

Campus Hall.” 

Figure 15. Sample Fire Log With Required Elements

Fire Log

March 2015 

Date 

reported

Case Number Nature of fire Date and Time 

of Fire

Location

03/12/2015 2015F-1200 Cigarette 

thrown in 

trash can

03/11/2015

Approx. 5:30 

p.m.

North Campus Hall lounge

03/25/2015 2015F-1201 Flyer set on 

fire 

03/25/2015

Btw. 2 and 6 

a.m.

Third-floor hall in Theta Chi house

Maintaining the Fire Log 

Your institution must make an entry or an addition to an 

entry to the log within two business days of receiving the 

information. A business day is any day Monday through 

Friday, except for days when the institution is closed. If you 

have an electronic log, and you experience a software or 

computer problem, use a hard copy log as a temporary 

replacement. Make the fire log for the most recent 60-day 

period open to public inspection, upon request, during normal 

business hours. Make any portion of the log older than 60 days 

available within two business days of a request for public 

inspection. Anyone may have access to the log, whether or not 

they are associated with your institution. This includes the 

media. 
Chapter 12. The Fire Log: Recording Fires in On-campus Student Housing Facilities

The Handbook for Campus Safety and Security Reporting 12-5 

Provide students and employees with a description of the 

log, noting its location and availability. Your institution may 

decide who or what department is responsible for maintaining 

the log and where it should be kept if it’s a hard copy log. Keep 

your archived fire logs for three years following the publication 

of the last annual fire safety report to which it applies (in 

effect, seven years; see page 9-11).

Combining Your Fire Log With Your 

Daily Crime Log 

If your institution has a campus police or security 

department and is required to maintain a daily crime log for 

Clery Act reporting (see Chapter 5), you may use that same log 

for your fire log. Label it in a manner that lets people know that 

it is both a crime log and a fire log. Make sure that it contains 

the required elements for both logs. You also may keep 

separate crime and fire logs. 

Note that if you have separate logs, they should differ as 

follows in terms of reporting fires: The fire log must record all 

reported fires, including Arson, in on-campus student housing 

facilities. The crime log records all Arsons and attempted 

Arsons reported to a CSA that occur on campus (including 

student housing facilities), on public property, in noncampus 

buildings or property or within the patrol jurisdiction of that 

department. 

Reporting to the Campus Community

The law states that an institution must make an annual 

report to the campus community on the fires recorded in the 

fire log. This requirement may be satisfied by the annual fire 

safety report. This report is described in detail in Chapter 14.
This page intentionally left blank.
The Handbook for Campus Safety and Security Reporting 13-1 

Fire Statistics:

Classifying and Counting 

Fires in On-campus Student 

Housing Facilities

CHAPTER 13

Fire statistics disclosure 

citation

34 CFR 668.49(c) 

In addition to the disclosure of your institution’s fire safetyrelated policies and procedures, your annual fire safety report 

must contain statistics for reported fires in on-campus 

student housing facilities. This chapter discusses in detail the 

various categories of required statistics. 

You must collect and include statistics for each oncampus student housing facility separately for the three most 

recent calendar years (i.e., Jan. 1 through Dec. 31) for which 

data are available. You may treat a group of attached buildings, 

such as a row of townhouses, as a single student housing 

facility if they share a name and have the same fire safety 

policies and systems. All other student housing facilities must 

be reported separately. 

If there were no reported fires in any of your on-campus 

student housing facilities in the three most recent calendar 

years, you may simply list the name and address of each 

facility in your annual fire safety report and state that there 

were no reported fires in the facilities for the reporting years. 

You must, however, enter 0 for each on-campus student 

housing facility in your Web-based survey. 

Required Fire Statistics 

Identify each facility by name and street address, and 

for each facility include

1. the number of fires and the cause of each fire 

A fire, for the purposes of the HEA, is any instance of 

open flame or other burning in a place not intended to contain 

the burning or in an uncontrolled manner. 

(For more information about what is and isn’t a fire, 

please see Chapter 11.)
Chapter 13. Fire Statistics: Classifying and Counting Fires in On-Campus Student Housing Facilities

13-2 The Handbook for Campus Safety and Security Reporting

“Cause of fire” is defined as the factor or factors that 

give rise to a fire. The causal factor may be, but is not limited 

to, the result of an intentional or unintentional action, 

mechanical failure, or act of nature. 

Use the following guide, Classifications of Fire and 

Examples, to help identify the cause of a fire. 

Figure 16. Classifications of Fire and Examples 

Unintentional Fire. (A fire that does not involve an intentional human act to ignite or spread 

fire into an area where the fire should not be.) 

Cause Example

Cooking Grease fire on stove top or in oven or microwave 

Smoking Materials Discarded lit cigarette butt

Open flames Candles 

Electrical Electrical arcing, overheated electrical motor

Heating equipment Heating stoves, space heaters, fireplaces, furnaces, water heaters 

Hazardous products Spontaneous combustion; chemical reaction

Machinery/Industrial Heat from friction, (e.g., fan belts); cutting and welding 

Natural Fires that result from a natural phenomenon, such as lightning, 

tornadoes and earthquakes

Other Fireworks (including sparklers), paper caps, party poppers, and 

firecrackers; sunlight (usually magnified through glass or a 

bottle); fires that start in a building that is not an on-campus 

student housing facility and spread to an on-campus student 

housing facility

Intentional Fire. (A fire that is ignited, or that results from a deliberate action, in 

circumstances where the person knows there should not be a fire.)

Example: Fire in a dorm restroom has been investigated by fire authorities and determined to 

be Arson. Perpetrator used matches to ignite paper towels.

NOTE: Provide a description of all intentional fires. (For more information on intentional 

fires, see “Arson” in Chapter 3.) 

Undetermined Fire. (A fire in which the cause cannot be determined.)

Example: Investigators cannot determine whether a couch was smoldering because someone 

accidentally dropped a lighted cigarette behind a cushion, or because someone intentionally set 

it on fire. 
Chapter 13. Fire Statistics: Classifying and Counting Fires in On-Campus Student Housing Facilities

The Handbook for Campus Safety and Security Reporting 13-3 

2. the number of persons who received fire-related 

injuries that resulted in treatment at a medical 

facility, including at an on-campus health center

A “fire-related injury” is defined as any instance in 

which a person is injured as a result of a fire, including an 

injury sustained from a natural or accidental cause, while 

involved in fire control, attempting rescue, or escaping from 

the dangers of the fire. The term “person” may include 

students, employees, visitors, firefighters or any other 

individuals. 

Include 

• individuals who are transported to a medical facility 

(even if they refuse treatment at the facility); 

• individuals who are treated at a temporary medical 

facility that is set up at the fire site; and 

• individuals who are treated in an ambulance. 

Do not include 

• individuals who appear to be injured but refuse to be 

treated or transferred to a medical facility; and 

• individuals more than one time for a single fire. If an 

individual is treated at a medical facility, and is later 

transferred to a different medical facility, count this 

as one person with fire-related injuries. 

3. the number of deaths related to a fire

A “fire-related death” is defined as any instance in 

which a person

(1) is killed as a result of a fire, including death 

resulting from a natural or accidental cause while 

involved in fire control, attempting rescue, or 

escaping from the dangers of a fire; or 

(2) dies within one year of injuries sustained as a result 

of the fire.
Chapter 13. Fire Statistics: Classifying and Counting Fires in On-Campus Student Housing Facilities

13-4 The Handbook for Campus Safety and Security Reporting

Examples of natural causes of fire-related death:

• Lung damage due to smoke inhalation 

• Heart problems due to stress or exertion 

Examples of accidental causes of fire-related death: 

• Getting struck by a falling object

• Getting burned by fallen wires

• Being killed by jumping out of a window 

Disclose the number of fire-related deaths for each fire. 

Although the regulations don’t require your school to track 

every individual who has a fire-related injury for the purpose of 

documenting fire-related deaths, you must make a reasonable 

effort to ascertain the number of deaths that occur in a one-year 

period following a fire. A reasonable effort includes 

• tracking individuals who are hospitalized a few miles 

from your school; 

• tracking individuals who are still in contact with the 

school following the fire; and 

• documenting deaths that you learn of from other 

individuals or the media. 

4. the value of property damage caused by a fire 

 “Value of property damage” is defined as the 

estimated value of the loss of the structure and contents, in 

terms of the cost of replacement in like kind and quantity. This 

estimate should include contents damaged by fire, and related 

damages caused by smoke, water, and overhaul; however, it 

does not include indirect loss, such as business interruption. 

Disclose the value of property damage for each fire. 

Include the value of all property damage, even to property not 

owned or controlled by your institution. (If you want to make 

an additional disclosure to separate out institutional property 

damage and damage to the personal property of others, you 

may do so.) Your estimate for structural damage should be 

based on replacement value, not market value. Make sure to 

include the value of property destroyed during overhaul. 

Overhaul is the practice of searching a fire scene to detect 
Chapter 13. Fire Statistics: Classifying and Counting Fires in On-Campus Student Housing Facilities

The Handbook for Campus Safety and Security Reporting 13-5 

hidden fires or sparks which may rekindle, and to note the 

possible point of origin and cause of ignition. 

Do not include any indirect losses. In addition to 

business interruption, indirect losses include the cost of 

emergency housing, personnel costs associated with 

subsequent cleanup and restoration, and lost tuition. 

If you use estimates for property damage rather than 

actual amounts, use the ranges listed in the following chart to 

report the value of property damage: 

Figure 17. Value Ranges for Estimated Property 

Damage Due to Fire

$0 – 99 $50, 000 – 99,999 

$100 – 999 $100,000 – 249,999 

$1,000 – 9,999 $250,000 – 499,999 

$10,000 – 24,999 $500,000 – 999,999 

$25,000 – 49,999 >$1,000,000 

How to Determine the Value of Property Damage 

Property damage can be determined by the property 

owner or an insurance adjuster. If there is no property 

damage—for example a brief fire in a trash can that only 

destroyed discarded cigarette butts—indicate that the damage 

was in the $0–$99 range. 

Fires in On-campus Student Housing Facilities 

That Are Physically Attached to Facilities Not 

Owned or Controlled by the Institution 

Perhaps you have a student housing facility located on 

the edge of your campus that is attached along one wall to a 

privately owned establishment, such as a restaurant. A fire that 

originates in the restaurant kitchen spreads to the student 

housing facility. Include this as a student housing fire. It is 

irrelevant whether the building had separate access for the 

student housing facility and the restaurant, or a single point of 

access. However, count injuries, damages, etc. only for the 

student housing facility, not for the restaurant. 
Chapter 13. Fire Statistics: Classifying and Counting Fires in On-Campus Student Housing Facilities

13-6 The Handbook for Campus Safety and Security Reporting

A Note About Arson

As described in the Arson classification section in 

Chapter 3, the Clery Act requires your institution to disclose 

statistics for fires that are investigated and determined to meet 

the FBI’s UCR definition of Arson. The Arson can occur 

anywhere within the institution’s Clery Act geography: on 

campus (including in on-campus student housing facilities), in 

or on noncampus buildings or property, and public property. If 

your institution has a campus police or security department you 

also must record Arsons that are reported to that department in 

your daily crime log if the Arson occurs on your Clery Act

geography or within the department’s patrol jurisdiction. This 

means that an Arson that occurs in an on-campus student 

housing facility must be disclosed in your annual fire safety 

report, your fire log, your annual security report and your crime 

log (if you are required to keep a crime log).

Remember, you must identify each on-campus student 

housing facility and enter the number of reported fires at each 

facility. Then, for each fire, enter the cause of the fire, the 

number of persons who received fire-related injuries that 

resulted in treatment at a medical facility, the number of deaths 

related to that fire and the value of property damage related to 

that fire. If there were no reported fires at a facility, state this, 

or enter a 0; do not omit the facility from your disclosures.

Remember, you 

must identify 

each on-campus 

student housing 

facility and enter 

the number of 

reported fires at 

each facility. 
The Handbook for Campus Safety and Security Reporting 13-7 

Chapter 13. Fire Statistics: Classifying and Counting Fires in On-campus Student Housing Facilities

Figure 18. Sample Fire Statistics Reporting Table for the Annual Fire Safety Report

Statistics and Related Information Regarding Fires in Residential Facilities for 2014

Residential Facilities

Total 

Fires in 

Each 

Building

Fire 

Number Cause of Fire

Number of Injuries 

That Required 

Treatment at a 

Medical Facility

Number of Deaths 

Related to Fire

Value of Property 

Damage Caused by 

Fire1

Parker 195 7th St. 2 1 Unintentional/Stove fire 1 0 187.25

 2 Unintentional/Stove fire 0 0 665.23

Hacket 210 7th St. 0 0 N/A N/A N/A N/A

Cooper 24 8th St. 1 1 Unintentional/Fire in oven 0 0 0.00

Tyler 49 8th St. 0 0 N/A N/A N/A N/A

Carter 206 9th St. 0 0 N/A N/A N/A N/A

Becket 209 9th St. 0 0 N/A N/A N/A N/A

Denali 490 9th St. 0 0 N/A N/A N/A N/A

Eisner 495 9th St. 0 0 N/A N/A N/A N/A

Grant 491 9th St. 2 1 Unintentional/Fire in basement trash chute 0 0 5,895.00

1 Values are in dollars.
This page intentionally left blank.
The Handbook for Campus Safety and Security Reporting 14-1 

The Annual 

Fire Safety Report:

Publishing Policy Statements and 

Fire Statistics

CHAPTER 14

Annual fire safety report 

citation

34 CFR 668.49(b) 

An institution that maintains any on-campus student housing 

facilities must publish an annual fire safety report by Oct. 1. 

This is a firm deadline; there is no grace period and there are 

no exemptions. The purpose of this report is to disclose fire 

safety policies and procedures related to your on-campus 

student housing and to disclose statistics for fires that 

occurred in those facilities. 

You may publish your annual fire safety report together 

with your Clery Act-required annual security report as long as 

the title of the document clearly states that it contains both 

reports. There is no prescribed order for the reports. If you 

choose to publish the reports together one year and separately 

the next year, you may. If you choose to publish the reports 

separately, you must include information in each report about 

how to directly access the other report. This means that you 

can’t simply say that the other report is available; you must 

describe how an individual can obtain that report. The 

publication requirements for the fire safety report are the same 

as those for the annual security report and are found in Chapter 

9. Remember that if you have a foreign campus with oncampus student housing facilities, an annual fire safety report 

must also be published for that campus.

The law doesn’t require your institution to adopt 

particular policies, procedures, programs or practices with 

respect to fire safety; the law prescribes how your institution 

collects, reports and disseminates the required information. The 

report must disclose your current policies, procedures, 

practices and rules. Descriptions of what your institution does 

regarding fire safety must be accurate and clear. For example, 

anyone reading your procedures for student housing evacuation 

in the case of a fire should be able to understand exactly what 

those procedures are, and the order in which they should be 

The publication 

requirements for 

the fire safety 

report are the 

same as those for 

the annual 

security report 

and are found in 

Chapter 9. 
Chapter 14. The Annual Fire Safety Report: Publishing Policy Statements and Fire Statistics

14-2 The Handbook for Campus Safety and Security Reporting

followed. Your institution must adhere to the policies and 

procedures it discloses. 

If your institution does not have any fire safety experts 

on site, we suggest that you contact local experts, such as the 

fire marshal, fire chief, fire investigator or other local fire 

authorities for assistance in developing appropriate policies and 

procedures. 

Components of the Fire Safety Report

At a minimum, the fire safety report must contain the 

components that are listed below. There is no prescribed order. 

All of the components pertain to on-campus student housing 

facilities, not the campus as a whole. 

1. Description of each on-campus student housing 

facility fire safety system. 

What does this mean? 

Your statement should describe the fire safety system in 

each of your on-campus student housing facilities. It isn’t 

enough to provide a general description of fire safety systems 

used in your facilities. A reader should be able to look for a 

specific facility and read a description for that facility.

If you are not sure whether a specific mechanism or 

system is part of a fire safety system, ask yourself if the 

mechanism or system is related to the

• detection of a fire, 

• warning resulting from a fire, or 

• control of a fire. 

A “fire safety system” is defined as any mechanism or 

system related to the detection of a fire, the warning resulting 

from a fire, or the control of a fire. This may include sprinkler 

systems or other fire extinguishing systems, fire detection 

devices, stand-alone smoke alarms, devices that alert one to 

the presence of a fire, such as horns, bells, or strobe lights; 

smoke-control and reduction mechanisms; and fire doors and 

walls that reduce the spread of a fire. 
Chapter 14. The Annual Fire Safety Report: Publishing Policy Statements and Fire Statistics

The Handbook for Campus Safety and Security Reporting 14-3 

For example, your institution might have egress lighting 

in the dormitories. Although egress lighting can be an element 

of a campus safety system, it is not part of a fire safety system 

because it is not used to detect, warn of or control a fire. 

You have flexibility in how your institution addresses 

this requirement. The goal is to ensure that, at a minimum, 

students and families have enough information to understand 

what type of fire safety system is used in each on-campus 

student housing facility. For example, you may create a table 

that lists each student residential facility by name and has 

columns for checking whether a facility has any or all of the 

various systems and mechanisms identified, such as smoke 

alarms, fire doors, sprinkler systems, etc. If you use terms such 

as “full” or “partial” to describe a fire suppression system, 

explain what is meant by “full” or “partial.” 

The regulations don’t require your institution to provide 

specific detailed information on your fire safety system or 

other systems, such as maintenance or inspection schedules. 

However, you may provide this or other pertinent information 

as you choose. 

Note that although you must disclose fire statistics for the 

previous three calendar years, your description of each oncampus student housing facility fire safety system must reflect 

the system that is currently in place.

Figure 19. Sample Description of On-campus Student Housing Facility Fire Safety 

Systems

Fire Safety Systems in Residential Facilities

Facility Fire Alarm Monitoring 

Done On-Site (by UPD)

Partial *1 

Sprinkler 

System

Full *2 

Sprinkler 

System

Smoke 

Detection

Fire 

Extinguisher 

Devices

Evacuation 

Plans & 

Placards

Number of 

Evacuation 

(Fire) Drills 

Each Calendar 

Year

Hacket 210 7th St. X X X X X 2 

Cooper 24 8th St X X X X X 4 

Carter 206 9th St. X X X X X 4 

Becket 209 9th St. X X X X X 2 

Denali 490 9th St. X X X X X 2 

Eisner 495 9th St. X X X X X 2 

Grant 491 9th St. X X X X X 2 

Parker 195 7th St X X X X X 2 

The elements included in the definition of a fire safety 

system are examples. The fire safety system or systems you 

describe may differ. 
Chapter 14. The Annual Fire Safety Report: Publishing Policy Statements and Fire Statistics

14-4 The Handbook for Campus Safety and Security Reporting

2. Number of fire drills held during the previous 

calendar year.

What does this mean? 

A “fire drill” is defined as a supervised practice of a 

mandatory evacuation of a building for a fire. Disclose the 

number of fire drills held during the previous calendar year for 

each on-campus student housing facility. If no fire drills were 

held for a facility during this time period, you must indicate 

this. The requirement for a fire drill cannot be met by a false 

alarm that leads to the evacuation of a building, even if the 

evacuation is supervised. A drill involves planning, supervision 

and evaluation. 

3. Policies or rules on portable electrical appliances, 

smoking and open flames in a student housing 

facility.

What does this mean? 

Disclose all of your institution’s policies or rules on 

portable electrical appliances, smoking and open flames in 

your on-campus student housing facilities. It’s not adequate to 

state that you have such policies or rules; you must disclose the 

specifics and you must address all three categories: portable 

electrical appliances, smoking and open flames. If some rules 

apply to certain facilities only, state this. 

4. Procedures for student housing evacuation in the 

case of a fire.

What does this mean? 

Disclose your institution’s procedures for evacuating a 

student housing facility in the case of a fire. If specific exits 

should be used or relocation procedures should be followed, 

state this. If the procedures differ by student housing facility, 

your statement must describe the specific procedures for each 

facility.
Chapter 14. The Annual Fire Safety Report: Publishing Policy Statements and Fire Statistics

The Handbook for Campus Safety and Security Reporting 14-5 

5. Policies regarding fire safety education and 

training programs provided to the students and 

employees. In these policies, the institution must 

describe the procedures that students and 

employees should follow in the case of a fire. 

What does this mean? 

Disclose all of your institution’s policies related to fire 

safety education programs and fire safety training programs 

associated with on-campus student housing facilities. Include 

in-person and online programs, as applicable. Describe all 

procedures that students should follow in the case of a fire, as 

well as all procedures that employees should follow in the case 

of a fire. The policy statement must cover all employees 

involved in student housing and areas related to student 

housing, for example, residential life staff, student affairs staff, 

student personnel services staff, residence hall directors, 

residential education staff and summer housing staff. If any of 

your student housing facilities has an attached parking garage 

or dining hall (as described in the bullets under the “Definition 

of a Fire” section in Chapter 11), include employees associated 

with those areas. You may include other employees as well. 

6. For purposes of including a fire in the statistics in 

the annual fire safety report, a list of the titles of 

each person or organization to which students 

and employees should report that a fire occurred. 

What does this mean? 

This is a list of the titles of the people or organizations 

that should be told after the fact that a fire occurred. It is not a 

list of whom to notify that there is a fire emergency. That 

information should be included in “the procedures that students 

and employees should follow in the case of a fire,” as described 

in component no. 5 above. 

7. Plans for future improvements in fire safety, if 

determined necessary by the institution.

What does this mean? 

Your plan can be limited to “Our institution is going to 

do the following ...” or can include “If we obtain funding we’d 

like to do the following ...” We suggest that you include 

information that tells the reader why the improvements are 

necessary. Do not simply state that the institution has plans for
Chapter 14. The Annual Fire Safety Report: Publishing Policy Statements and Fire Statistics

14-6 The Handbook for Campus Safety and Security Reporting

future improvements without indicating what those 

improvements will be. You may, but are not required to, 

include a time line. 

If you determine that future improvements in fire safety 

are not necessary, state this. 

8. Fire statistics. 

Your annual fire safety report must include statistics for 

reported fires in on-campus student housing facilities. This 

requirement is discussed in detail in Chapter 13. 

In addition to including fire statistics in your annual fire 

safety report, your institution is required to submit the 

statistics from that report to the Department. The 

mechanism for doing this is the annual online Campus Safety 

and Security Survey that takes place in the fall. A registration 

packet with survey information, a password and a user ID are

sent to the chief executive officer of your institution several 

weeks prior to the start of the data collection. 

Specific screen-by-screen instructions for completing the 

survey and submitting it to the Department are included in the 

user’s guide for the survey, which can be found at 

https://surveys.ope.ed.gov/campussafety. You can get 

additional help with the survey by phone at 800-435-5985 or 

by e-mail at campussafetyhelp@westat.com. Your institution’s 

fire statistics will subsequently be migrated to the 

Department’s public dissemination site at: 

http://ope.ed.gov/campussafety where any interested person 

can view them. The public site also can be used to generate 

reports using aggregated data from all of the schools that 

submit HEA-related crime and fire statistics. You can find 

more information about the annual data collection in Chapter 9.
The Handbook for Campus Safety and Security Reporting A-1 

Appendix A 

 

Links to the Higher Education Act of 1965 

Safety- and Security-related Laws and Regulations 
This page intentionally left blank. 
Appendix A.

The Handbook for Campus Safety and Security Reporting A-3 

Links to the Higher Education Act of 1965 

Safety- and Security-related Laws and Regulations 

Federal Register, Nov. 1, 1999 (Vol. 64, No. 210), 

Student Assistance General Provision; Final Rule. 

34 CFR 668.41, Reporting and Disclosure of Information 

34 CFR 668.46, Institutional Security Policies and Crime Statistics

http://www.ed.gov/legislation/FedRegister/finrule/1999-4/110199d.html

Federal Register, Oct. 31, 2002 (Vol. 67, No. 211), 

Student Assistance General Provision; Final Rule. 

34 CFR 668.46, Institutional Security Policies and Crime Statistics

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&docid=02-

27599-filed

Federal Register, Oct. 29, 2009 (Vol. 74, No. 208), 

General and Non-Loan Programmatic Issues; Final Rule.

34 CRF 668.41, Reporting and Disclosure of Information 

34 CRF 668.46, Institutional Security Policies and Crime Statistics

34 CFR 668.49, Institutional Fire Safety Policies and Fire Statistics 

http://edocket.access.gpo.gov/2009/E9-25373.htm 

Higher Education Opportunity Act, Aug. 14, 2008. 

Program Participation Agreement Requirements

http://frwebgate.access.gpo.gov/cgibin/getdoc.cgi?dbname=110_cong_public_laws&docid=f:publ315.110

Federal Register, Oct. 20, 2014 (Vol. 79, No. 202), 

Violence Against Women Act; Final Rule.

34 CFR 668.46, Institutional Security Policies and Crime Statistics

http://www.gpo.gov/fdsys/pkg/FR-2014-10-20/html/2014-24284.htm
This page intentionally left blank.
The Handbook for Campus Safety and Security Reporting B-1

Appendix B 

 

Sample Letter to a Local Law Enforcement Agency to 

Request Crime Statistics 
This page intentionally left blank.
Appendix B

The Handbook for Campus Safety and Security Reporting B-3 

Sample Letter to a Local Law Enforcement Agency to Request Crime Statistics

Jan. 21, 2016 

(Name)

Research Analyst

Metropolitan Police Department

300 Indiana Ave. NW, Suite 5126 

Washington, DC 20001 

Dear (Name),

Under the federal Jeanne Clery Disclosure of Campus Security Policy and Campus 

Crime Statistics Act (Clery Act), postsecondary schools are required to disclose statistics 

for certain crimes that occurred on campus and on public property within and 

immediately adjacent to school-owned buildings and property. In the statistics we are 

required to include crimes that were reported to our department as well as crimes reported 

to local and state law enforcement agencies. 

I am requesting that your department provide me with crime statistics for 2015 for the 

following offenses that occurred on our campus or on public property within and 

immediately adjacent to our property: 

• Murder/Non-negligent Manslaughter 

• Manslaughter by Negligence

• Rape

• Fondling

• Incest

• Statutory Rape 

• Robbery 

• Burglary

• Aggravated Assault 

• Motor Vehicle Theft 

• Arson 

Please specify if any of the above-listed offenses were categorized as Hate Crimes. In 

addition, please include statistics for any incidents of Larceny-Theft, Simple Assault, 

Intimidation, or Destruction/Damage/Vandalism of Property that were classified as Hate 

Crimes. I also need the category of bias for each Hate Crime according to the eight 

categories for which we are required to report: Race, Religion, Sexual Orientation, 

Gender, Gender Identity, Disability, Ethnicity, and National Origin. 
Appendix B

B-4 The Handbook for Campus Safety and Security Reporting

Please include statistics for arrests only for the following Uniform Crime Reporting 

(UCR) categories:

• Liquor Law Violations 

• Drug Abuse Violations 

• Weapons: Carrying, Possessing, Etc. 

Please include separate statistics for all incidents of Domestic Violence, Dating 

Violence, and Stalking. For Clery Act reporting, we are required to use the following 

definitions for these terms: 

Domestic Violence: The term “domestic violence” includes felony or misdemeanor 

crimes of violence committed by a current or former spouse or intimate partner of the 

victim, by a person with whom the victim shares a child in common, by a person who is 

cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a 

person similarly situated to a spouse of the victim under the domestic or family violence 

laws of the jurisdiction receiving grant monies, or by any other person against an adult or 

youth victim who is protected from that person’s acts under the domestic or family 

violence laws of the jurisdiction.

Dating Violence: The term “dating violence” means violence committed by a person— 

(A) who is or has been in a social relationship of a romantic or intimate nature with the 

victim; and (B) where the existence of such a relationship shall be determined based on a 

consideration of the following factors: 

(i) The length of the relationship. 

(ii) The type of relationship. 

(iii) The frequency of interaction between the persons involved in the relationship. 

Stalking: The term “stalking” means engaging in a course of conduct directed at a 

specific person that would cause a reasonable person to—(A) fear for his or her safety or 

the safety of others; or (B) suffer substantial emotional distress.

I am requesting the required statistics for the following areas that are considered to be 

“on campus”:

1900–2200 blocks of Pennsylvania Ave. 

2300 block of K St. 

2000-2300 blocks of I St. 

2000-2300 blocks of H St. 

2000-2300 blocks of G St. 

1900-2200 blocks of F St. 
Appendix B

The Handbook for Campus Safety and Security Reporting B-5

I also need crime statistics for the following specific addresses:

1129 New Hampshire Ave. 

2400 Virginia Ave. 

2601 Virginia Ave. 

1776 G St. 

2011 I St.

2020 K St. 

2021 K St. 

I would appreciate it if you would forward this information to me as soon as you get an 

opportunity. We are in the process of publishing our annual report, and we will need to 

include these statistics in the final draft.

In addition, if a serious crime that may cause an ongoing threat to our campus 

community is reported to your department, we would appreciate it if you would 

notify our University Police Department immediately. The institution has a legal 

responsibility to notify the campus community in a timely manner about any crimes 

on and immediately around the campus that pose an ongoing threat to the 

community.

Thank you for your attention to this matter. 

Sincerely,

(Name)

Chief of University Police 

(Phone Number) 
This page intentionally left blank.
The Handbook for Campus Safety and Security Reporting C-1

Appendix C 

 

Checklist for Campus Safety 

and Security Compliance 
This page intentionally left blank.
Appendix C

The Handbook for Campus Safety and Security Reporting C-3 

Checklist for the Various Components of 

Campus Safety and Security Compliance

This list is designed to help you determine if you are meeting the various components of campus 

safety and security compliance. It is not a substitute for reading this handbook, as it provides 

only a brief description of the activities to be undertaken by an institution. Remember, if your 

institution has any separate campuses (see bullet no. 6 under “Other On-campus Considerations” 

in Chapter 2), the requirements must be met for each one individually. 

I. Geography (Chapter 2) Mandatory for all institutions.

Office/Individual responsible

Location where documentation is kept 

Date information was last updated

Your institution must disclose statistics for Clery Act crimes that occur on campus, in or 

on noncampus buildings or property and on public property. 

Do you have an up-to-date list of the buildings and properties that your institution owns 

or controls and addresses for those buildings/properties? ......................................... 

Have you identified the appropriate geographic categories to which the buildings and 

property belong? ........................................................................................................ 

Have you identified public property that is within your campus or immediately 

adjacent to and accessible from your campus? .......................................................... 

II. Crime Statistics (Chapter 3) Mandatory for all institutions.

Office/Individual responsible

Location where documentation is kept 

Your institution must collect statistics for reported crimes on your Clery geography. You 

must disclose the statistics in your annual security report and provide the statistics to the 

Department through the annual Web-based data collection.

Do you have all records associated with your institution’s statistics? ............................. 

III. Campus Security Authorities (Chapter 4) Mandatory for all institutions.

Office/Individual responsible

Location where documentation is kept 

Date policy and procedure were last updated

In addition to any campus police or security personnel, your institution must identify other 

individuals or offices with significant responsibility for student and campus activities. 

Alleged crimes reported to these campus security authorities are then reported by these 

campus security authorities to someone designated by the institution to collect such reports, 

such as the campus police or security department.
Appendix C

C-4 The Handbook for Campus Safety and Security Reporting

Have you identified all of your institution’s campus security authorities? ..................... 

Have you provided your campus security authorities with the information and 

materials they need to document reported crimes? ...................................................... 

Do you have a procedure in place for collecting and reviewing crime reports from 

your campus security authorities? ................................................................................ 

IV. Statistics From Local Law Enforcement Agencies (Chapter 4) Mandatory for all 

institutions.

Office/Individual responsible

Location where documentation is kept 

Date policy and procedure were last updated

Your institution must make a good-faith effort to collect crime statistics for all Clery Act

crimes committed in applicable geographic locations from all law enforcement agencies 

with jurisdiction for your institution.

Have you made a good-faith effort to obtain the crime statistics from all of the law 

enforcement agencies with jurisdiction for your Clery geography? ............................ 

Have you requested statistics for all of your Clery geography? ...................................... 

Have you documented your institution’s efforts to obtain the statistics and, if 

applicable, documented any nonresponse on behalf of an agency (or agencies)? ....... 

V. The Daily Crime Log (Chapter 5) Mandatory for all institutions with a campus police or 

security department.

Office/Individual responsible

Location where documentation is kept 

Date policy and procedure were last updated

Your institution must record all alleged criminal incidents, including non-Clery Act crimes, 

reported to the campus police or security department regardless of how much time has 

passed since the alleged incident occurred. Crimes are recorded in the crime log by the date 

they are reported. The log must be available for review by the public. 

Do you have a hard copy or electronic crime log that includes information on all 

reported crimes, including

the nature of the crime?........................................................................................ 

the date and time the crime occurred? ................................................................. 

the general location of the crime? ........................................................................ 

the disposition of the complaint, if known? ......................................................... 

If you maintain an electronic log, do you have a back-up log in case there are 

technical problems accessing the log?......................................................................... 

Do you have more than one person trained to maintain the log? ..................................... 
Appendix C

The Handbook for Campus Safety and Security Reporting C-5 

Do you notify the public how they can review the log? .................................................. 

VI. Emergency Response and Evacuation Procedures (Chapter 6) Mandatory for all 

institutions.

Office/Individual responsible

Location where documentation is kept 

Date policy and procedure were last updated

Your institution must immediately notify the campus community (or a segment or segments 

of 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. 

Does your institution have written emergency response and evacuation procedures that 

include the following? 

The procedures the institution 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?................................................................................................................... 

A description of the process the institution will use to

a) confirm that there is a significant emergency or dangerous situation as 

described above?............................................................................................ 

b) determine the appropriate segment or segments of the campus community 

to receive a notification? ................................................................................ 

c) determine the content of the notification? ..................................................... 

d) initiate the notification system? ..................................................................... 

A statement that the institution will, without delay, and taking into account the safety 

of the community, determine the content of the notification and initiate the notification 

system, unless issuing a notification will, in the professional judgment of responsible 

authorities, compromise efforts to assist a victim or to contain, respond to or 

otherwise mitigate the emergency? ......................................................................... 

A list of the titles of the person or persons or organization or organizations 

responsible for carrying out the actions described in (a) through (d) above? ......... 

The institution's procedures for disseminating emergency information to the larger 

community?............................................................................................................. 

The institution's procedures to test the emergency response and evacuation procedures 

on at least an annual basis, including 

tests that may be announced or unannounced? .................................................. 

publicizing its emergency response and evacuation procedures in 

conjunction with at least one test per calendar year? .................................... 
Appendix C

C-6 The Handbook for Campus Safety and Security Reporting

documenting, for each test, a description of the exercise, the date and time 

and whether it was announced or unannounced? .......................................... 

Has your institution communicated with local police requesting their cooperation in 

informing the institution about situations reported to them that may warrant an 

emergency response? .............................................................................................. 

VII. Timely Warnings (Chapter 6) Mandatory for all institutions.

Office/Individual responsible

Location where documentation is kept 

Date policy and procedure were last updated

Your institution must alert the campus community regarding any Clery Act crime that is 

reported to campus security authorities or local police agencies and is considered to 

represent a serious or continuing threat to students and employees. 

Does your institution have a written timely warning policy? .......................................... 

Does your institution have an individual or office responsible for issuing timely 

warnings? ..................................................................................................................... 

Does your institution have one or more methods of disseminating timely warnings? .... 

Has your institution communicated with local police requesting their cooperation in 

informing the institution about crimes reported to them that may warrant timely 

warnings? ..................................................................................................................... 

VIII. Annual Security Report (Chapters 7–9) Mandatory for all institutions. 

Office/Individual responsible

Location where documentation is kept 

Date policy and procedure were last updated

Your institution is required to publish and distribute an annual security report by Oct. 1 to all 

enrolled students and all employees. You must provide notice of the availability of the report 

to all prospective students and employees. The report must contain crime statistics and 

various policy statements. The statements must accurately reflect how your institution’s

policies are currently implemented.

Policy statements

Does your annual security report have statements addressing the following? 

Current campus policies regarding procedures for students and others to report 

criminal actions or other emergencies occurring on campus? Does this 

statement include your institution’s policies concerning its response to these 

reports, and does it specifically address the following areas? 

Policies for making timely warning reports to members of the campus 

community regarding the occurrence of Clery Act crimes? ........................ 

Policies for preparing the annual disclosure of crime statistics? ..................... 
Appendix C

The Handbook for Campus Safety and Security Reporting C-7 

A list of titles of each person or organization to whom students and 

employees should report criminal offenses described in the law for 

the purpose of making timely warning reports and the annual 

statistical disclosure? This statement also must disclose the 

institution’s policies or procedures for victims or witnesses to report 

crimes on a voluntary, confidential basis for inclusion in the annual 

security report. .............................................................................................. 

Current policies concerning the following: 

Security of and access to campus facilities, including campus 

residences? ................................................................................................... 

Security considerations used in the maintenance of campus facilities? ........... 

Current policies concerning campus law enforcement, including the 

following: 

The law enforcement authority and jurisdiction of campus security 

personnel? .................................................................................................... 

The working relationship of campus security personnel with state and 

local law enforcement agencies, including whether the institution has 

agreements with such agencies, such as written memoranda of 

understanding, for the investigation of alleged criminal offenses? .............. 

Policies that encourage accurate and prompt reporting of all crimes to 

the campus police and the appropriate law enforcement agencies? ............. 

A description of procedures, if any, that encourage pastoral counselors 

and professional counselors, if and when they deem it appropriate, to 

inform the persons they are counseling of any procedures to report 

crimes on a voluntary, confidential basis for inclusion in the annual 

disclosure of crime statistics? ....................................................................... 

A description of the type and frequency of programs designed to inform students 

and employees about campus security procedures and practices and to 

encourage students and employees to be responsible for their own security and 

the security of others? ............................................................................................ 

A description of programs designed to inform students and employees about the 

prevention of crimes? ............................................................................................. 

A policy concerning the monitoring and recording, through local police agencies, 

of criminal activity in which students engaged at off-campus locations of 

student organizations officially recognized by the institution, including student 

organizations with off-campus housing facilities? ................................................ 

A policy regarding the possession, use and sale of alcoholic beverages and 

enforcement of state underage drinking laws? ...................................................... 

A policy regarding the possession, use and sale of illegal drugs and enforcement 

of federal and state drug laws? .............................................................................. 
Appendix C

C-8 The Handbook for Campus Safety and Security Reporting

A description of any drug or alcohol abuse education programs as required under 

Section 120(a) through (d) of the HEA. For the purpose of meeting this 

requirement, an institution may cross-reference the materials it uses to comply 

with Section 120(a) through (d) of the HEA? ........................................................ 

A statement that the institution will, upon written request, disclose to the alleged 

victim of a crime of violence (as that term is defined in Section 16 of Title 18, 

United States Code), or a non-forcible sex offense, the report on the results of 

any disciplinary proceeding conducted by such institution against a student 

who is the alleged perpetrator of such crime or offense? If the alleged victim is 

deceased as a result of such crime or offense, the next of kin of such victim 

shall be treated as the alleged victim for purposes of this paragraph.. .................. 

A statement regarding your institution’s emergency response and evacuation 

procedures? (See this checklist’s no. VI for details.) ............................................ 

A statement regarding your missing student notification procedures? (See this 

checklist’s no. X for details.) ................................................................................. 

Does your annual security report have a statement addressing your institution’s program to 

prevent dating violence, domestic violence, sexual assault and stalking? Does your statement 

specifically include the following? 

A description of educational programs and campaigns to promote the awareness 

of dating violence, domestic violence, sexual assault and stalking, including the 

following? 

A description of the primary prevention and awareness programs for all 

incoming students and new employees? ............................................................ 

A statement that the institution prohibits the crimes of dating violence, 

domestic violence, sexual assault and stalking as those terms are defined for 

purposes of the Clery Act? ................................................................................. 

The definition of “dating violence,” “domestic violence,” “sexual assault” and 

“stalking” as those terms are defined in the applicable jurisdiction? ................ 

The definition of “consent” in reference to sexual activity in the applicable 

jurisdiction? ....................................................................................................... 

A description of safe and positive options for bystander intervention? ................ 

Information on risk reductions? ............................................................................. 

A description of the ongoing prevention and awareness campaigns for students 

and employees that provide the same information as above? ............................ 

Procedures students should follow in the case of alleged dating violence, domestic 

violence, sexual assault, or stalking, including: 

Written information about the importance of preserving evidence that may 

assist in proving that the alleged criminal offense occurred or may be 

helpful in obtaining a protection order? ............................................................ 

How and to whom the alleged offense should be reported? .................................. 
Appendix C

The Handbook for Campus Safety and Security Reporting C-9 

Options about the involvement of law enforcement authorities and campus 

authorities, including notification of the victim’s option to 

Notify proper law enforcement authorities, including on-campus and 

local police? .................................................................................................. 

Be assisted by campus authorities in notifying law enforcement 

authorities if the victim chooses? ................................................................. 

Decline to notify such authorities? .................................................................... 

Where applicable, the rights of victims and the institution’s responsibilities for 

orders of protection, “no contact” orders, restraining orders or similar lawful 

orders issued by a criminal, civil or tribal court, or by the institution? ............. 

Procedures your institution will follow in the case of alleged dating violence, 

domestic violence, sexual assault, or stalking, including the following? 

Information about how the institution will protect the confidentiality of 

victims and other necessary parties? Does your statement specifically 

address how your institution will do the following? 

Complete publicly available recordkeeping, including Clery Act reporting 

and disclosures, without inclusion of personally identifying information 

about the victim? ........................................................................................... 

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? .................................................... 

A statement that the institution will provide written notification to students and 

employees about existing counseling, health, mental health, victim 

advocacy, legal assistance, visa and immigration assistance, student 

financial aid and other services available for victims, both within the 

institution and in the community? ..................................................................... 

A statement that the institution will provide written notification to victims 

about options for, available assistance in, and how to request changes to 

academic, living, transportation and working situations or protective 

measures? The institution must make such accommodations or provide such 

protective measures if the victim requests them and if they are reasonably 

available, regardless of whether the victim chooses to report the crime to 

campus police or local law enforcement. .......................................................... 

A clear statement of policy that addresses the procedures for institutional

disciplinary action in cases of alleged dating violence, domestic violence, 

sexual assault or stalking and that includes the following? 
Appendix C

C-10 The Handbook for Campus Safety and Security Reporting

Describes each type of disciplinary proceeding used by the institution; the 

steps, anticipated timelines and decision-making process for each type of 

disciplinary proceeding; how to file a disciplinary complaint; and how the 

institution determines which type of proceeding to use based on the 

circumstances of an allegation of dating violence, domestic violence, 

sexual assault or stalking? ............................................................................. 

Describes the standard of evidence that will be used during any institutional 

disciplinary proceeding arising from an allegation of dating violence, 

domestic violence, sexual assault or stalking? .............................................. 

Lists all the possible sanctions that the institution may impose following the 

results of any institutional disciplinary proceeding for an allegation of 

dating violence, domestic violence, sexual assault or stalking? ................... 

Describes the range of protective measures that the institution may offer to 

the victim following an allegation of dating violence, domestic violence, 

sexual assault or stalking? ............................................................................. 

Provides that the proceeding will accomplish the following? 

Include a prompt, fair and impartial process from the initial investigation 

to the final result? ...................................................................................... 

Be conducted by officials who, at a minimum, receive annual training on 

the issues related to dating violence, domestic violence, sexual assault 

and stalking and on how to conduct an investigation and hearing 

process that protects the safety of the victims and promotes 

accountability? ........................................................................................... 

Provide the accuser and the accused with the same opportunities to have 

others present during any institutional disciplinary proceeding, 

including the opportunity to be accompanied to any related meeting or 

proceeding by the advisor of their choice? ................................................ 

Not limit the choice of advisor or presence for either the accuser or the 

accused in any meeting or institutional disciplinary proceeding? ............. 

Require simultaneous notification, in writing, to both the accuser and the 

accused of the following? 

The result of any institutional disciplinary proceeding that arises from 

an allegation of dating violence, domestic violence, sexual assault or 

stalking? .................................................................................................

The institution’s procedures for the accused and the victim to appeal the 

result of the institutional disciplinary proceeding, if such procedures 

are available? .......................................................................................... 

Any change to the result? ........................................................................... 

When such results become final? ...............................................................
Appendix C

The Handbook for Campus Safety and Security Reporting C-11 

A statement that, when a student or employee reports to the institution that the 

student or employee has been a victim of dating violence, domestic violence, 

sexual assault or stalking, whether the offense occurred on or off campus, 

the institution will provide the student or employee a written explanation of 

the student’s or employee’s rights and options? ............................................... 

Have you provided a statement advising the campus community where law 

enforcement agency information provided by a state concerning registered sex 

offenders may be obtained, such as the law enforcement agency with 

jurisdiction for the campus or a computer network address? ...................................... 

Crime statistics

Does your annual security report contain statistics reported by year and geographic 

location for the following crimes? 

Offenses

Murder and Non-negligent Manslaughter? ................................................................ 

Manslaughter by Negligence? .................................................................................... 

Rape? .......................................................................................................................... 

Fondling? .................................................................................................................... 

Incest? ......................................................................................................................... 

Statutory Rape? ........................................................................................................... 

Robbery? .................................................................................................................... 

Aggravated Assault? .................................................................................................. 

Burglary? .................................................................................................................... 

Motor Vehicle Theft? ................................................................................................. 

Arson? ........................................................................................................................ 

Hate Crimes

Murder and Non-negligent Manslaughter? ................................................................ 

Rape? .......................................................................................................................... 

Fondling? .................................................................................................................... 

Incest? ......................................................................................................................... 

Statutory Rape? ........................................................................................................... 

Robbery? .................................................................................................................... 

Aggravated Assault? .................................................................................................. 

Burglary? .................................................................................................................... 

Motor Vehicle Theft? ................................................................................................. 

Arson? ........................................................................................................................ 

Larceny-Theft? ........................................................................................................... 

Simple Assault? .......................................................................................................... 

Intimidation? .............................................................................................................. 

Destruction/Damage/Vandalism of Property? ........................................................... 

VAWA Offenses

Domestic Violence? ................................................................................................... 

Dating Violence?......................................................................................................... 

Stalking? ..................................................................................................................... 
Appendix C

C-12 The Handbook for Campus Safety and Security Reporting

Arrests and referrals for disciplinary action

Weapons: Carrying, Possessing, Etc.? ....................................................................... 

Drug Abuse Violations? .............................................................................................. 

Liquor Law Violations? ............................................................................................. 

IX. Report to the Department via the Web-based Data Collection (Chapter 9) Mandatory for 

all institutions.

Office/Individual responsible

Location where documentation is kept 

Date policy and procedure were last updated

Your institution is required to submit the crime statistics from the annual security report to 

the Department via an annual Web-based data collection. If your institution has one or more 

on-campus student housing facilities, you must submit the fire statistics from the annual fire 

safety report as well. 

Have you completed the Web-based data collection? ..................................................... 

X. Missing Student Notification Procedures (Chapter 10) Mandatory for all institutions with 

on-campus student housing facilities. 

Office/Individual responsible

Location where documentation is kept 

Date policy and procedure were last updated

If a student who lives in on-campus student housing is determined to have been missing for 

24 hours, you have only 24 hours after receiving the report in which to initiate specific 

notification procedures. You must include your missing student notification policy and 

procedures in your annual security report. 

Does your policy statement do the following? 

Indicate a list of titles of the persons or organizations to which students, 

employees or other individuals should report that a student has been 

missing for 24 hours? ................................................................................... 

Require that any missing student report must be referred immediately to 

the institution's police or campus security department, or, in the 

absence of an institutional police or campus security department, to 

the local law enforcement agency that has jurisdiction in the area? ............ 

Contain an option for each student to identify a contact person or 

persons whom the institution shall notify within 24 hours of the 

determination that the student is missing, if the student has been 

determined missing by the institutional police or campus security 

department, or the local law enforcement agency? ...................................... 
Appendix C

The Handbook for Campus Safety and Security Reporting C-13 

Advise students that their contact information will be registered 

confidentially, that this information will be accessible only to 

authorized campus officials and that it may not be disclosed, except 

to law enforcement personnel in furtherance of a missing person 

investigation? ............................................................................................... 

Advise students that if they are under 18 years of age and not 

emancipated, the institution must notify a custodial parent or guardian 

within 24 hours of the determination that the student is missing, in 

addition to notifying any additional contact person designated by the 

student? ......................................................................................................... 

Advise students that the institution will notify the local law enforcement 

agency within 24 hours of the determination that the student is 

missing, unless the local law enforcement agency was the entity that 

made the determination that the student is missing? .................................... 

Do your procedures include the following? 

If the student has designated a contact person, notifying that contact 

person within 24 hours that the student is missing? ..................................... 

If the student is under 18 years of age and is not emancipated, notifying 

the student's custodial parent or guardian and any other designated 

contact person within 24 hours that the student is missing? ........................ 

Regardless of whether the student has identified a contact person, is 

above the age of 18, or is an emancipated minor, informing the local 

law enforcement agency that has jurisdiction in the area within 24 

hours that the student is missing? ................................................................. 

XI. Fire safety log (Chapter 12) Mandatory for all institutions with on-campus student 

housing facilities.

Office/Individual responsible

Location where documentation is kept 

Date policy and procedure were last updated

Your institution must maintain a written, easily understood fire log that records, by the 

date reported, any fire that occurs in an on-campus student housing facility. Fires are 

recorded by the date they are reported.

Do you have a hard copy or electronic fire log that includes the following?

the date the fire was reported? ............................................................................ 

the nature of the fire? .......................................................................................... 

the date and time of the fire? ............................................................................... 

the general location of the fire? .......................................................................... 

Do you notify the public how they can review the log? .................................................. 
Appendix C

C-14 The Handbook for Campus Safety and Security Reporting

XII. Fire Safety Statistics (Chapter 13) Mandatory for all institutions with on-campus student 

housing facilities.

Office/Individual responsible

Location where documentation is kept 

Date policy and procedure were last updated

Your institution must collect statistics for reported fires in on-campus student housing 

facilities. You must disclose the statistics in your annual fire safety report and provide the 

statistics to the Department through the annual Web-based data collection.

Do you have statistics for each on-campus student housing facility for the following? 

the number of fires and the cause of each fire? ..................................................

the number of persons with fire-related injuries for each fire? ...........................

the number of fire-related deaths for each fire? ..................................................

the value of property damage caused by each fire? ............................................

XIII. Annual Fire Safety Report (Chapter 14) Mandatory for all institutions with on-campus 

student housing facilities.

Office/Individual responsible

Location where documentation is kept 

Date policy and procedure were last updated

Your institution is required to publish and distribute an annual fire safety report by Oct. 1 to 

all enrolled students and all employees. You must provide notice of the availability of the 

report to all prospective students and employees. The report must contain fire statistics and 

various policy statements. The statements must accurately reflect how the policies are 

currently implemented by your institution.

Policy statements

Does your annual fire safety report have statements addressing the following? 

A description of each on-campus student housing facility fire safety system? ... 

The number of fire drills held during the previous calendar year? ...................... 

Policies or rules on portable electrical appliances, smoking and open flames in 

a student housing facility? ............................................................................... 

Procedures for student housing evacuation in the case of a fire? ........................ 

Policies regarding fire safety education and training programs provided to 

the students and employees? In these policies, the institution must 

describe the procedures that students and employees should follow in 

the case of a fire............................................................................................... 

For purposes of including a fire in the statistics in the annual fire safety report, 

a list of the titles of each person or organization to which students and 

employees should report that a fire occurred? ................................................. 

Plans for future improvements in fire safety, if determined necessary by the 

institution? ....................................................................................................... 

Fire statistics

Does your annual fire safety report contain the required fire statistics? .......................... 
The Handbook for Campus Safety and Security Reporting I-1 

Index

A 

administrative personnel. See under separate campus

Aggravated Assault ............... 2-1, 3-2, 3-3, 3-4, 3-10–3-13,

3-22, 3-23, 3-24, 3-27, 3-32, 3-33,

3-35, 3-37, 3-38, 3-41, 3-42, 3-43,

3-52, 6-17, 9-4, 9-6 

as a Hate Crime ................................. 3-2, 3-25–3-35, 9-6 

classifying ............. 3-3, 3-4, 3-10–3-13, 3-23, 3-25–3-33

counting ..................3-1-3-3, 3-4, 3-24–3-25, 3-32–3-33,

3-41, 3-42, 3-52

definition of .................................................... 3-10, 3-37

examples of .................................. 3-13, 3-23, 3-33, 3-38

position in crime hierarchy ............................. 3-24–3-25

alcohol policies ................................................ 7-1, 7-2, 7-8 

regarding alcohol abuse education ...................... 7-8, C-8 

alumni association. See institution-associated entity

annual fire safety report .............. 1-8, 1-10, 9-9, 9-11, 11-1, 

12-1, 12-3, 12-5, 13-1, 13-6, 13-7,

14-1, 14-5, 14-6 

citation for ....................................................... 11-1, 14-1 

contents of ..................................... 13-1–13-5, 14-2–14-6 

correcting ........................................................ 9-10–9-11

description of ................................ 13-1–13-3, 14-1–14-2 

distributing .......................................................... 9-7–9-9 

 deadline for ................................................... 9-1, 14-1 

 methods for .......................................... 9-8–9-10, 14-1 

 recipients of .................................................. 9-9–9-10

notice for ...................................................................14-1 

publishing .. ...............................................................14-1 

See also annual security report, publishing

records retention for .......................................... 9-1, 9-11

relationship of fire log to ...........................................11-1 

requirement for schools with on-campus 

 student housing facilities ...... 1-9, 1-10, 9-9, 11-1, 13-1 

separate campus compliance ................. 7-1–7-2, 9-2, 9-9 

annual security report .................... 1-7, 1-9, 1-10, 2-6, 2-18, 

2-26, 3-1, 3-45, 3-51, 3-55, 4-11, 4-15, 

4-17, 4-18, 5-2, 5-8, 6-2, 6-8, 6-12, 

7-1–7-9, 8-1–8-23, 9-1–9-13

citation for ................................................................... 9-1 

contents of ............................ 7-1–7-9, 8-1–8-23, 9-2–9-5 

 crime statistics ................................................ 9-2–9-7 

 policy statements ............................. 7-1–7-9, 8-1–8-23

correcting ........................................................ 9-10–9-11

description of ...................................................... 9-1–9-7 

distributing .......................................... 9-7–9-9, 9-9–9-10

deadline for ............................................................. 9-1 

methods of .............................................................. 9-8 

recipients of ............................................. 9-7–9-8, 9-9 

notice for .................................................. 9-9, 9-10, 9-11

policy statement on preparing ............................ 7-2 - 7-3 

publishing .................................... 1-5, 9-1–9-2, 9-9–9-10

records retention for .......................................... 9-1, 9-11

separate campus compliance ................ 7-1–7-2, 9-2, 9-9 

arrests .............. 3-2, 3-41, 3-42–3-46, 3-49–3-50, 3-53, 9-2, 

9-5, 9-6, 9-11

citation for ................................................................ 3-42

classifying ................................................................ 3-43

counting ........................................................... 3-42, 3-44

definition of .............................................................. 3-43

entering statistics for ........................................... 9-2–9-3 

examples of ..................................................... 3-49–3-50

 for Drug Abuse Violations .......................... 3-49–3-50

 for Liquor Law Violations ........................... 3-49–3-50

 for Weapons: Carrying, Possessing, Etc. ..... 3-49–3-50

juveniles ................................................................... 3-43

 Hierarchy Rule and ................................................... 3-42

officer discretion for ................................................ 3-44

statistics disclosed under .......................... 3-2, 3-47–3-49

 Drug Abuse Violations........ 3-2, 3-3, 3-42, 3-44, 3-46, 

3-47–3-48

 definition of ............................................. 3-47–3-48

 Liquor Law Violations ........................ 3-2, 3-44, 3-45, 

3-48–3-49, 3-53

 definition of ............................................. 3-48–3-49

 Weapons: Carrying, Possessing, Etc. ............ 3-2, 3-47

 definition of ...................................................... 3-47

unfounded crimes and .............................................. 3-54

Arson ................................. 3-2, 3-3, 3-21–3-23, 3-24–3-25, 

3-27, 3-29, 6-14, 6-17, 9-4, 11-3, 

12-3, 12-5, 13-2, 13-6 

as a Hate Crime ............................................... 3-27, 3-29

classifying .....................................3-21–3-22, 3-24–3-25

counting ........................................................... 3-21–3-23

definition of .............................................................. 3-21

examples of ..................................................... 3-23, 6-17

 Hierarchy Rule, exception to ........................... 3-24–3-25

investigation of ................................................ 3-21–3-22

position in crime hierarchy .............................. 3-24–3-25

assaults to Murder. See counting crimes, attempted crimes 

athletic booster club. See institution-associated entity

athletic campus/complex, disclosing statistics for .......... 2-8 

attempted Murder. See counting crimes, attempted crimes

attempted crimes. See under counting crimes

B 

bias. See Hate Crimes, categories of bias

branch campus. See separate campus, types of 
Index

I-2 The Handbook for Campus Safety and Security Reporting

Burglary ........................................ 3-1, 3-2, 3-3, 3-13–3-19, 

3-20, 3-24, 3-27, 3-50, 3-51, 3-52, 

3-54, 4-13, 4-17, 9-4 

as a Hate Crime ......................................................... 3-27

as an unfounded crime ........................... 3-51, 3-52, 3-54

classifying ....................................................... 3-13–3-19

counting ................................................. 3-13, 3-17–3-18

definition of .............................................................. 3-13

examples of ..................................................... 3-18–3-19

on public property ..................................................... 4-13

position in crime hierarchy ....................................... 3-24

business day, definition of .................................... 5-6, 12-4 

C 

campus. See geographic locations to report for, on-campus

campus police or security department ............. 1-6, 1-8, 1-9, 

2-15 - 2-16, 2-26,3-8, 3-13, 3-34–3-35, 3-40–3-41, 3-49, 

4-1–4-2, 4-5, 4-10–4-12, 

4-16, 5-1–5-3, 5-5–5-7, 6-5, 6-7, 6-17

7-4–7-6, 8-6–8-7, 8-10, 8-14, 8-23, 9-3, 

10-2–10-3, 10-6 – 10-7, 12-5, 13-6 

as campus security authorities .................. ..3-7, 4-1–4-3, 

4-5, 4-10, 4-12

crime log requirement ....................... 1-6, 1-8, 1-9, 2-16, 

5-1–5-2, 5-3, 5-6 

description of ............................... 4-2, 4-5, 4-12, 5-1–5-2 

patrol jurisdiction of .................. 2-16, 2-26, 5-3, 5-5–5-6, 

12-5, 13-6 

policies pertaining to ........................................... 7-5–7-6 

 enforcement authority of ............................... , 7-5–7-6 

 missing students ........................ 10-2–10-3, 10-6–10-7 

 providing sex offender registration information to

 working relationship with local law enforcement

 agencies ............................................................... 7-5 

 reporting crimes to .......................................... 7-4, 7-6 

campus security authorities ......... 1-9, 4-1– 4-12, 6-12, 6-16 

citation for ................................................................... 4-2 

collecting crime reports from ...................................... 4-9 

confidentiality and ...................................................... 4-8 

definition of ................................................................ 4-2 

examples of whom to include ............................. 4-3–4-4 

examples of whom not to include ............................... 4-4 

exemptions .......................................................... 4-7–4-8 

function of ................................................................... 4-5 

good faith and ........................................................... 4-10

recommendations with regard to ....................... 4-9–4-11

residence advisors or assistants ................................... 4-6 

sample letter to ..............................................Appendix B

timely warning and .................................................46-12

training suggestions for ................................... 4-10–4-11

campus security department. See campus police or security 

department

caveat, use of ......................2-18, 3-54, 4-17, 9-2, 9-3, 12-3 

citation. See arrests, definition of 

civil citation ......................................................... 3-43, 3-46

Clery Act. See Jeanne Clery Disclosure of Campus Security 

Policy and Campus Crime Statistics Act (Clery Act)

clinical training ............................................................. 2-21

compliance .............................. 1-1–1-3, 1-4, 1-6, 1-9–1-10, 

1-11, 3-45, 4-1, 4-9, 5-4, 7-2, 

9-11, Appendix C

as a requirement of Title IV ................................. 1-1–1-4 

checklist for .................................................. Appendix C

exemption from ................................................... 1-3–1-4 

timetable for ...................................................... 1-9–1-10

confidential reporting. See voluntary confidential reporting

controlled by. See owned or controlled by

counselors ................................. 4-4, 4-6, 4-7–4-8, 6-13, 7-6 

pastoral ................................................................ 4-7–4-8 

professional ......................................................... 4-7–4-8 

timely warning requirement and ............................... 6-13

counting crimes ........ 1-6, 3-1–3-55, 4-11, 4-16- 4-17, 8-13

attempted crimes ............. 3-4, 3-6, 3-9, 3-10, 3-13, 3-14, 

3-15, 3-20, 3-21, 3-28, 3-47, 3-49, 

3-51, 3-52, 3-53, 3-54, 11-3, 12-5 

distinct operation ............................ 3-9, 3-13, 3-22, 3-25

 definition of ............................................................ 3-9 

 Hierarchy Rule (for multiple offenses) ...... 3-2, 3-9, 3-11, 

3-20, 3-22, 3-24–3-25, 3-32, 3-33, 

3-41, 3-42, 5-3 

 exception to ..................... 3-24–3-25, 3-32–3-33, 3-41

 officer discretion ...................................... 3-44, 3-46

zero, use of ........................................................ 4-17, 9-3 

crime classification ......................................................... 3-3 

See also Criminal Homicide; Sexual Assault; Robbery; 

Aggravated Assault; Burglary; Motor Vehicle Theft; 

Arson; Larceny-Theft; Simple Assault; Intimidation; 

Destruction/Damage/Vandalism of Property; Dating 

Violence; Domestic Violence; Stalking; Arrests; and 

referrals for disciplinary action

guidelines to use ......................................................... 3-3 

 citation for .............................................................. 3-3 

 FBI’s National Incident-Based Reporting System 

 (NIBRS) Data Collection Guidelines .................. 3-3 

 FBI’s Uniform Crime Reporting, Hate Crime Data 

 Collection Guidelines and Training Manual ...... 3-3 

 FBI’s Uniform Crime Reporting Summary Reporting 

 System (SRS) User Manual.................................. 3-3 

crime log ............................... 1-6, 1-8, 1-9, 1-10, 2-16, 3-7, 

3-54, 4-10, 5-1–5-8, 8-6, 8-12, 

8-13, 9-9, 9-11, 12-5, 13-6 

annual security report, relation to ............................... 5-8 

archiving ..................................................................... 5-8 

availability of ...................................................... 5-6–5-8 

campus police or security department requirement ... 1-6, 

5-1–5-2, 

citation for .................................................................. 5-1 
Index

The Handbook for Campus Safety and Security Reporting I-3 

combining with state crime log ................................... 5-2 

creating ............................................................... 5-4–5-6 

criminal incidents to include ............................... 5-2, 5-3 

geographic locations to include ........................... 5-3–5-4 

 patrol jurisdiction of campus police or security 

department .................................. 2-16, 2-26, 5-3–5-4, 

5-5–5-6, 12-5, 13-6 

institutions exempt from maintaining ............... 5-1 – 5-2 

maintaining ......................................................... 5-6–5-7 

purpose of ................................................................... 5-2 

required information ........................................... 5-4–5-6 

sample log ................................................................... 5-4 

time frame for ...................................................... 5-6–5-8 

updating.......................................................5-6 

unfounded crimes ........................................................ 5-7 

withholding information ..................................... 5-6–5-7 

crimes. See Criminal Homicide; Sexual Assault; Robbery; 

Aggravated Assault; Burglary; Motor Vehicle Theft; 

Arson; Larceny-Theft; Simple Assault; Intimidation; 

Destruction/Damage/Vandalism of Property; Dating 

Violence; Domestic Violence; Stalking; Arrests; referrals 

for disciplinary action

Criminal Homicide ................................. 3-2, 3-4–3-6, 3-22

 Manslaughter by Negligence ...................... 3-2, 3-4–3-6, 

3-23–3-25

 classifying ............................................................... 3-5 

 counting .................................................................. 3-5 

 definition of ............................................................ 3-5 

 example of .............................................................. 3-6 

 position in the crime hierarchy .............................. 3-24

 Murder and Non-negligent Manslaughter ... 3-2, 3-4–3-5, 

3-9, 3-11, 3-23, 3-24, 3-25, 3-27

 as a Hate Crime ..................................................... 3-27

 as a result of an assault .......................................... 3-11

 attempts ................................................................... 3-9 

 classifying ............................................................... 3-4 

 counting .................................................................. 3-4 

 definition of ............................................................ 3-4 

 examples of ............................................................. 3-5 

 position in the crime hierarchy .............................. 3-24

D 

daily crime log. See crime log

Dating Violence. See under VAWA Offenses

Destruction/Damage/Vandalism of Property ....... 3-2, 3-27, 

3-29, 3-34, 9-6 

classifying ................................................................. 3-29

definition of .............................................................. 3-29

example of ................................................................ 3-34

disability. See Hate Crimes, categories of bias

disciplinary proceedings. See VAWA Offenses, policies 

regarding

disciplinary referrals. See referrals for disciplinary action

distance education-only schools ..................................... 1-3 

distinct operation, definition of. See under counting crimes, 

distinct operation

documentation .......... 1-6, 3-45, 3-54, 4-10, 4-11, 5-4, 6-11,

8-22, 9-11

annual fire safety report, supporting records for ....... 9-11

annual security report, supporting records for . 3-45, 9-11

crime log .................................................................... 5-4 

law enforcement officer discretion .................. 3-44, 3-46

local police ...................................................... 4-15, 9-11

third-party security services and ............................... 4-11

Domestic Violence. See under VAWA Offenses

dormitories. See geographic locations to report for, 

on-campus student housing facilities

double counting, avoiding ............................................ 8-13

Drug Abuse Violations. See under arrests, statistics 

disclosed under; see also under referrals for disciplinary 

action, statistics disclosed under

drug policies addressed in annual security report .... 7-2, 7-8 

regarding drug abuse education .................................. 7-8 

 regarding illegal drugs and enforcement of laws .... 7-8 

E 

emergency response and evacuation procedures .... 6-16-11, 

6-16, 7-9 

annual security report requirement ............................. 6-2 

citation for .................................................................. 6-1 

comparison with timely warning .............................. 6-16

description of statement requirements ............... 6-3–6-11

purpose of ................................................................... 6-1 

entering statistics in the annual security report ........ 9-2–9-7 

sample Criminal Offenses statistics table ................... 9-4 

sample Hate Crimes statistics table ............................. 9-6 

sample VAWA Offenses statistics table........................ 9-5 

ethnicity. See Hate Crimes, categories of bias

excluded crimes ............................................................ 3-55

exemptions, reporting ..................... 1-3–1-4, 4-7–4-8, 6-13,

9-1, 14-1 

institutional .......................................................... 1-3–1-4 

pastoral counselor ....................................... 4-7–4-8, 6-13

professional counselor ................................ 4-7–4-8, 6-13

externships ................................................................... 2-21

F 

false or baseless crimes. See unfounded crimes

Family Educational Rights and Privacy 

Act (FERPA) .................................................... 6-15, 10-4 

missing students contact information and ................. 10-4 

timely warnings and ................................................. 6-15

Federal Bureau of Investigation (FBI) publications. See 

under crime classification, guidelines to use

FERPA. See Family Educational Rights and Privacy Act 

(FERPA)
Index

I-4 The Handbook for Campus Safety and Security Reporting

field trips, disclosing statistics for ......................... 2-8, 2-25

fire ......................... 1-4-1-5, 1-8, 1-9, 1-10, 3-21–3-23, 6-2, 

11-1–11-4, 12-1–12-5, 13-1 – 13-7 

causes of ......................................................... 12-3, 13-2 

 intentional fire .......................................................13-2 

 undetermined cause ...............................................13-2 

 unintentional fire ...................................................13-2 

classifying ....................................................... 11-2–11-4 

definition of .................................................... 11-1, 13-1 

 citation for .............................................................11-1 

fire log ................................. 1-8, 1-9, 5-2, 11-1, 12-1–12-5 

annual report to campus community on ....................12-5 

archiving ...................................................................12-5 

availability of .................................................. 12-1, 12-4 

citation for ................................................................ 12-1 

combining with crime log .........................................12-5 

creating .....................................................................12-3 

fires to include ................................................ 12-1–12-2 

maintaining ..................................................... 12-4–12-5 

required elements in ........................................ 12-3–12-4 

requirement for schools with on-campus 

student housing facilities ........................ 1-8, 5-2, 12-1 

sample log ................................................................. 12-4 

time frame for ................................................... 1-9, 12-4 

fire safety requirements ................ 1-8, 9-3, 9-9, 11-1–13-7. 

See also annual fire safety report; fire log; fire statistics

fire statistics ....... 1-5, 1-8, 1-10, 11-1, 9-2, 13-1–13-7, 14-6 

 Arson and ........................................................ 3-21–3-23

citation for ....................................................... 11-1, 13-1 

classifying and counting ................................. 3-21–3-23

on-campus student housing and facilities and .. 1-8, 13-7,

sample reporting table for .........................................13-7 

Fondling. See under Sexual Assault

foreign institutions, U.S.-owned ..................................... 1-4 

foreign locations of U.S. institutions, disclosing statistics 

for ............................................................................... 2-8 

foundations. See institution-associated entities

fraternity houses. See under geographic locations to report

for, on-campus student housing facilities; see also

noncampus, student housing; see also annual security 

report, contents of, policy statements

G 

gender. See Hate Crimes, categories of bias

gender identity. See Hate Crimes, categories of bias

geographic locations to report for ......................... 2-1–2-27

citation for ................................................................... 2-1 

noncampus .......................................................... 2-18–2-27

 definition of .......................................................... 2-18

 examples of what to include or not to 

 include .................................................... 2-19–2-26

 student housing ........................................... 2-23–2-24

on campus ........................................................... 2-2–2-8 

 definition of ............................................................ 2-2 

 types of campuses ............................................ 2-5–2-8 

on-campus student housing facilities ................. 2-9–2-10

 as subset of on campus ........................................... 2-9 

 definition of ............................................................ 2-9 

 examples of ................................................... 2-9–2-10

patrol jurisdiction of campus police or security 

department. See under crime log, geographic locations 

 to include 

public property ................................................ 2-11–2-18

 accessibility, determining ............................ 2-11–2-12

 definition of .......................................................... 2-11

 identifying ................................................... 2-11–2-12

 lack of .......................................................... 2-16–2-17

 public parking facilities or lots ............................. 2-13

 public parks .......................................................... 2-15

 public transit stops ....................................... 2-15–2-16

 public waterways .................................................. 2-15

 sidewalk, street, sidewalk ............................ 2-12–2-13

good-faith effort. See under local law enforcement 

agencies, requesting crime statistics from

H 

handbook questions, e-mail address for ....................... 1-11,

inside back cover

Hate Crimes .......................... 3-2, 3-3, 3-24, 3-25–3-35, 9-6 

categories of bias ............................................. 3-25–3-27

cautions with regard to .................................... 3-29–3-32

citation for ................................................................ 3-25

classification guidelines .................................. 3-29–3-32

definition of .............................................................. 3-25

entering statistics in the annual security 

 report ...................................................................... 9-6 

examples of ..................................................... 3-33–3-35

 Hierarchy Rule, exception to ........................... 3-24–3-25

rules for counting ............................................ 3-32–3-33

types of ............................................................ 3-27–3-29

 Aggravated Assault ............................................ 3-27. 

 See also Aggravated Assault

 Arson ................................................................... 3-27. 

 See also Arson 

 Burglary .............................................................. 3-27. 

 See also Burglary 

 Destruction/Damage/Vandalism of Property ......... 3-2, 

3-27, 3-29

 definition of ...................................................... 3-29

 classifying ........................................................ 3-29 

 Intimidation .......................................... 3-2, 3-27, 3-29

 definition of ...................................................... 3-29

 Larceny-Theft ....................................... 3-2, 3-27-3-28

 definition of ...................................................... 3-27

 classifying ........................................................ 3-28

 Motor Vehicle Theft ............................................. 3-27
Index

The Handbook for Campus Safety and Security Reporting I-5 

 See also Motor Vehicle Theft

 Murder and Non-negligent Manslaughter ............. 3-27

 See also Murder and Non-negligent Manslaughter

 Robbery ................................................................ 3-27

 See also Robbery 

 Sexual Assault ...................................................... 3-27

 See also Sexual Assault

 Simple Assault ................. 3-2, 3-11 – 3-12, 3-27, 3-28

 definition of ...................................................... 3-28

Hierarchy Rule (for multiple offenses). See under counting 

crimes

Higher Education Act (HEA) ................ 1-1, 2, Appendix A

Higher Education Opportunity Act (HEOA) .... Appendix A

holding company. See institution-associated entity

hospital, disclosing statistics for ........................... 2-3, 2-21

I 

Incest. See under Sexual Assault

, 

institution eligibility ........................................................ 1-3 

institution-associated entity ............................................ 2-3 

institutional policy, violation of .................................... 3-42

internships ............................................................ 2-8, 2-21

Intimidation. See under Hate Crimes, types of

J 

Jeanne Clery Disclosure of Campus Security Policy and 

Campus Crime Statistics Act (Clery Act) ........... 1-1–1-2,

1-5–1-10, Appendix A

compliance requirements for ............................... 1-1–1-2 

1-5–1-10, Appendix A

legislation ..................................................... Appendix A

noncompliance with ............................ 1-11, Appendix A

juveniles. See under arrests

K 

kidnapping .................................................................... 6-13

L 

Larceny-Theft. See under Hate Crimes, types of

Liquor Law Violations. See under arrests, statistics 

disclosed under; see also under referrals for disciplinary 

action, statistics disclosed under

local law enforcement agencies ............. 1-5, 1-10, 4-1, 4-4, 

4-12–4-18, 7-5 Appendix B, Appendix C

definition of .............................................................. 4-12

examples of ............................................................... 4-12

policy regarding .......................................................... 7-5 

requesting crime statistics from ..... 1-10, 4-1, 4-12–4-18

 citation for ............................................................. 4-12

 good-faith effort .......................................... 4-12–4-13

 red flags for statistics from .................................... 4-13

 sample letter for requesting crime 

 statistics .................................................... Appendix B

timely warning and .................... 1-6, 1-9, 6-1, 6-12, 6-17

unfounded crimes and ............. 3-51 – 3-54, 5-5, 5-7, 9-7 

M 

management companies and student housing ............... 2-23

Manslaughter by Negligence. See under Criminal Homicide

map, use of ......................... 2-26–2-27, 4-11, 4-15, 5-4, 6-2 

mediation. See under referrals for disciplinary action

medical centers or complexes, disclosing statistics for . 2-3,

3-18

memoranda of understanding (MOUs) ........................... 7-5 

military bases ............................................... 2-8, 2-21–2-22

missing student notification ............ 1-6, 1-8, 1-10, 2-9, 7-9,

10-1–10-7 

citation for ................................................................ 10-1 

policy and procedures ......................................10-1–10-7 

mixed-use apartment buildings ............................ 2-23–2-24

mobile classrooms, disclosing statistics for .................. 2-22

Motor Vehicle Theft .. 3-2, 3-9, 3-20–3-21, 3-24, 3-27, 3-54

as a Hate Crime ........................................................ 3-27

as an unfounded crime .............................................. 3-54

classifying ................................................................ 3-20

counting .................................................................... 3-20

definition of .............................................................. 3-20

examples of .............................................................. 3-21

position in the crime hierarchy ................................. 3-24

Murder and Non-negligent Manslaughter. See under

Criminal Homicide

N 

national origin. See Hate Crimes, categories of bias

noncampus. See under geographic locations to report for

noncompliance. See under Jeanne Clery Disclosure of 

Campus Security Policy and Campus Crime Statistics 

Act (Clery Act)

O 

officer discretion. See under arrests; referrals for 

disciplinary action

official 1-2, 3-21 – 3-22, 3-43, 3-45, 4-2–4-3, 4-5, 4-8, 6-3, 8-15,

8-18 - 8-19, 8-21–8-22, 10-4, 11-3, 12-1–12-2 

definition of ............................... 4-2–4-3, 4-8, 12-1–12-2 

disciplinary proceedings and ........ 1-2, 8-15, 8-18 - 8-19, 

8-21–8-22

emergency notification and ........................................ 6-3 

missing student notification and ............................... 10-4 

referrals for disciplinary action and .......................... 3-45

reported fires and ............... 3-21 – 3-22, 11-3, 12-1–12-2 

training for ......................................................... 1-2, 8-19

on-campus. See under geographic locations to report for
Index

I-6 The Handbook for Campus Safety and Security Reporting

on-campus student housing facilities. See under geographic 

locations to report for

online schools. See distance education-only schools

organized program of study, definition of ....................... 2-6 

owned or controlled by 1-4, 2-2–2-3, 2-6, 2-9 – 2-10, 2-13,

2-18–2-19, 2-24–2-26, 13-5 

definition of ........................................................ 2-2–2-3 

fraternity/sorority houses ....................... 2-10, 2-18–2-19

noncampus discussion regarding .................... 2-18–2-19

on-campus discussion regarding ......................... 2-2–2-4 

on-campus student housing facilities discussion 

 regarding ....................................................... 2-9–2-10

 fire statistics for ....................................................13-5 

written agreement ...... 2-2–2-3, 2-6, 2-8, 2-9, 2-11, 2-19,

2-24–2-26

P 

parking lots/facilities 2-3, 2-5, 2-6,2-10, 2-11, 2-13 - 2-16, 2-20

noncampus ................................................................ 2-20

on-campus .................................................... 2-3, 2-5, 2-6 

public property ....................................... 2-11, 2-14–2-16

pastoral counselor ................................... 4-7–4-8, 6-13, 7-6 

definition of ................................................................ 4-7 

policy addressing ........................................................ 7-6 

reporting exemption for ............................. 4-7–4-8, 6-13

 citation for exemption for ....................................... 4-7 

patrol jurisdiction. See under crime log, patrol jurisdiction 

of campus police or security department

personally identifying information ..... 4-8, 4-10, 4-11, 6-15,

8-12, 8-13, 12-4 

crime reporting and ......................... 4-8, 4-10, 4-11, 8-13 

fire log and ................................................................12-4 

timely warning and ................................................... 6-15

police. See campus police or security department; local 

law enforcement 

policy statements. See under annual fire safety report, 

contents of; see also under annual security report, 

contents of

preferred leasing ........................................................... 2-24

prisons ........................................................................... 2-21

professional counselor ............................ 4-7–4-8, 6-13, 7-6 

definition of ................................................................ 4-7 

policy addressing ........................................................ 7-6 

reporting exemption for ............................. 4-7–4-8, 6-13

program agreements ...................................................... 2-21

Program Participation Agreement (PPA) ................ 1-2–1-3 

prospective employees ..................... 1-7, 1-8, 9-7, 9-9, 9-10

annual fire safety report and ................ 1-8, 9-7, 9-9, 9-10

annual security report and ................... 1-7, 9-7, 9-9, 9-10

definition of ................................................................ 9-7 

prospective students ......................... 1-7, 1-8, 9-7, 9-9, 9-10

annual fire safety report and ................ 1-8, 9-7, 9-9, 9-10 

annual security report and ................... 1-7, 9-7, 9-9, 9-10

definition of ................................................................ 9-7 

public property. See under geographic locations to report 

for

R 

race. See Hate Crimes, categories of bias

Rape. See under Sexual Assault 

Rape, acquaintance. See Sexual Assault, Rape

reasonably contiguous, definition of ....................... 2-3, 2-4 

referrals for disciplinary action ......... 3-2, 3-42, 3-50, 3-53,

9-2–9-4, 9-5 

citation for ................................................................ 3-42

counting .........................................3-42, 3-44, 3-46, 3-53

definition of .............................................................. 3-45

entering statistics for .................................... 9-2–9-3, 9-5 

examples of ..................................................... 3-49–3-50

 for Drug Abuse Violations .......................... 3-49–3-50

 for Liquor Law Violations ........................... 3-49–3-50

 for Weapons: Carrying, Possessing, Etc. ..... 3-49–3-50

Hierarchy Rule and ................................................... 3-42

mediation .................................................................. 3-45

officer discretion for ................................................. 3-46

sanction .................................................................... 3-45

statistics disclosed under .......................... 3-2, 3-47–3-49

 Drug Abuse Violations, definition of .......... 3-47–3-48

 classifying ........................................................ 3-48

 Liquor Law Violations, definition of .................... 3-48

 classifying ............................................... 3-48–3-49

 Weapons: Carrying, Possessing, Etc., 

 classifying ........................................................ 3-47

 definition of ...................................................... 3-47

unfounded crimes and .............................................. 3-53

religion. See Hate Crimes, categories of bias

repeated use of a location, disclosing statistics for ....... 2-25

reported crimes, definition of .................................. 4-1–4-2 

research boats/ships, disclosing statistics for ................ 2-22

research campus, disclosing statistics for ....................... 2-8 

residence halls. See under geographic locations to report 

for, on-campus student housing facilities 

resident advisors or assistants. See under campus security 

authorities

Robbery ................................ 3-2, 3-3, 3-9–3-10, 3-24, 3-27

 as a Hate Crime ........................................................ 3-27

classifying ......................................................... 3-9–3-10 

counting ..................................................................... 3-9 

definition of ................................................................ 3-9 

example of ................................................................ 3-10 

position in crime hierarchy ....................................... 3-24

rumor, hearsay. See under good faith, reported crimes
Index

The Handbook for Campus Safety and Security Reporting I-7 

S 

satellite location. See separate campus, types of

school. See separate campus, types of

security department. See campus police or security 

department

separate campus ............. 2-6–2-8, 2-22, 4-12, 5-7, 7-1–7-2, 

9-2, 9-9, 10-1, 11-1 

administrative personnel ............................................. 2-7 

compliance requirements for ............ 2-6, 2-22, 4-12, 5-7, 

7-1–7-2, 9-2, 10-1, 11-1 

crime log ..................................................................... 5-7 

definition of ................................................................ 2-6 

types of .............................................................. 2-7–-2-8 

sex offender registration information ............................ 8-23

citation for ................................................................. 8-23

Megan’s laws, comparison with ................................ 8-23

policy statement regarding ........................................ 8-23

sexual assault ................ 3-3, 3-6–3-8, 3-24–3-25, 3-27, 8-2 

counting .......................................................... 3-24–3-25

definition of ................................................................ 3-6 

Fondling .............................................................. 3-6–3-8 

 as a Hate Crime ..................................................... 3-27

 definition of ............................................................ 3-6 

 examples of ............................................................. 3-8 

Incest ................................................................... 3-6–3-8 

 as a Hate Crime ..................................................... 3-27

 definition of ............................................................ 3-6 

 examples of ............................................................. 3-8 

policy regarding. See VAWA Offenses, policy statements 

regarding 

Rape .................................................................... 3-6–3-8 

 as a Hate Crime ..................................................... 3-27

 definition of ............................................................ 3-6 

 examples of ............................................................. 3-8 

Statutory Rape .................................................... 3-6–3-8 

 as a Hate Crime ..................................................... 3-27

 definition of ............................................................ 3-7 

 examples of ............................................................. 3-8 

sexual orientation. See Hate Crimes, categories of bias

shared campus. See geographic locations to report for, on 

campus, types of campuses

short stay “away” trips, disclosing statistics 

for ................................................................... 2-25–2-26

Simple Assault. See under Hate Crimes, types of 

sorority houses. See under geographic locations to report 

for, on-campus student housing facilities; see also 

noncampus student housing; see also annual security 

report, contents of, policy statements

Stalking. See under VAWA Offenses

state crime log. See crime log, combining with state crime 

log

state ownership ............................................................... 2-3 

statutory age of consent. See Sexual Assault, Statutory Rape

statutory Rape. See Sexual Assault, Statutory Rape

student financial assistance programs, 

examples of ......................................................... 1-2–1-3 

student teaching ............................................................ 2-21

study abroad programs, disclosing statistics for ........... 2-26

summons. See arrests, definition of

T 

table of contents .........................................................iii–vii

third party ................................. 2-9–2-10, 2-23, 2-26, 3-36,

3-51, 4-1, 4-11, 8-13

crime reports from ............................................. 3-36, 4-1 

disclosing information to .......................................... 8-13

security services from ............................................... 4-11

written agreements with ................ 2-9–2-10, 2-23–2-24,

 2-26

timely warning ............................. 1-6, 1-9, 4-8, 4-10–4-11,

 6-1, 6-12–6-17

campus security authorities and ................ 4-8, 4-10–4-11

citation for ................................................................ 6-12

comparison with emergency response ...................... 6-16

content to include in ........................................ 6-14–6-15

crimes exempt from .................................................. 6-13

crimes subject to .............................................. 6-12–6-13

decision to issue .............................................. 6-13–6-14

FERPA, relation to ................................................... 6-15

policy statement on ..................................................... 7-3 

Title IV ................. 1-1, 1-2–1-4, 2-5, 2-10, 2-16, 2-18, 3-54

6-1, 6-12, 7-8, 9-1, 9-7, 9-12, 9-13

trespass. See under Burglary, classifying

U 

unfounded crimes .......................... 3-51–3-54, 5-7, 9-2, 9-7 

citation for ............................................................... 3-51

counting ............................................................ 3-51-3-54

definition of .............................................................. 3-51

entering statistics in the annual security report .... 9-2, 9-7 

Uniform Crime Reporting Program (UCR). See under

crime classification, guidelines to use

V

VAWA Offenses .................. 3-2, 3-24, 3-36–3-41, 8-1–8-22

citation for ................................................................ 3-36

entering statistics in the annual security 

 report ...................................................... 3-24, 9-2, 9-5 

 sample VAWA Offenses reporting table .................. 9-5 

policy statements regarding ............................... 8-1–8-22

 educational programs and campaigns .............. 8-3–8-9 

 awareness programs .................................... 8-4–8-5 

 bystander intervention ........................................ 8-7 

 definitions of terms in local jurisdiction ............. 8-6 

 ongoing campaigns ...................................... 8-8–8-9 
Index

I-8 The Handbook for Campus Safety and Security Reporting

 policy citation ..................................................... 8-3 

 primary prevention programs .............................. 8-4 

 risk reduction ...................................................... 8-7 

 procedures victims should follow in cases of 

 an alleged VAWA Offense ............................. 8-9–8-11

 lawful orders, victim rights to ........................... 8-11

 policy citation ..................................................... 8-9 

 preserving evidence ............................................ 8-9 

 reporting options ............................................... 8-10

 procedures your institution will follow in cases of an

 alleged VAWA Offense ................................ 8-12–8-22

 advisor, choice of .............................................. 8-20

 advisor, role of .................................................. 8-21

 disciplinary proceedings ............................. 8-15–8-16

 policy citation ................................................... 8-12

 protecting victim confidentiality ............. 8-12–8-13

 results, simultaneous notification of ........ 8-21–8-22

 standard of evidence used ................................. 8-16

 training for officials .......................................... 8-19

 

 victim accommodation, notification of 

 options for ........................................... 8-14–8-15

 victim services, notification of options for......... 8-14

 rules for counting .................................................. 3-41

 statistics disclosed under ................................. 3-36–3-41

 Dating Violence ............................ 3-36–3-37, 8-1–8-2 

 definition of ...................................................... 3-36

 examples of ....................................................... 3-37

 Domestic Violence ...................................... 3-37–3-38

 definition of ..................................... 3-37–3-38, 8-2 

 examples of ....................................................... 3-38

 Sexual Assault. See Sexual Assault

 Stalking ....................................................... 3-38–3-41

 definition of .............................................. 3-38, 8-2 

 examples of ............................................. 3-40–3-41

 rules for counting .................................... 3-39–3-40

Violence Against Women Act (VAWA) .................... 1-1, 1-2

citation for ................................................................... 1-1 

compliance requirements for ............................... 1-1–1-2 

 See also VAWA Offenses, policy statements regarding

legislation ..................................................... Appendix A

voluntary confidential reporting ....................... 7-3–7-4, 7-6 

policy statement regarding .................................. 7-3–7-4 

 with regard to counselors ........................................ 7-6 

W 

Weapons: Carrying, Possessing, Etc. See under arrests, 

statistics disclosed under; see also under referrals for 

disciplinary action, statistics disclosed under

Web-based data collection ............. 1-7, 1-8, 1-10, 3-1, 3-51

3-55, 4-15, 4-17, 4-18, 5-8, 7-6,

9-11–9-13

accessing user’s guide for ................... 1-7, 1-8, 3-1, 9-12

description of ................................................... 9-11–9-13

entering statistics in ........................ 3-1, 3-55, 4-15, 4-17

5-8, 7-6 

requirement ................................................ 1-7, 1-8, 1-10

whistle-blower protection ............................................. 1-11

withholding information. See under crime log

witness. See reported crimes, definition of

written agreement. See under owned or controlled by
HandbookQuestions@ed.gov
The Department of Education’s mission is to promote 

student achievement and preparation for global

competitiveness by fostering educational excellence 

and ensuring equal access.

www.ed.gov