The Handbook for 

Campus Crime 

Reporting 

U.S. DEPARTMENT OF EDUCATION 

OFFICE OF POSTSECONDARY EDUCATION 

2005 

The Handbook for 

Campus Crime 

Reporting 

Prepared for: 

U.S. Department of Education 

Office of Postsecondary Education 

By:

Westat 

Diane Ward 

Janice Lee 
U.S. Department of Education 

Margaret Spellings 

Secretary

Office of Postsecondary Education 

Sally L. Stroup 

Assistant Secretary 

Office of Postsecondary Education 

Policy and Budget Development Staff, 

Policy, Planning and Innovation 

David Bergeron 

Director 

June 2005 

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 Crime Reporting, Washington, 

D.C., 2005. 

To order copies of this report, 

write to: ED Pubs, Education Publications Center, U.S. Department of Education, P. O. Box 1398, 

Jessup, MD 20794–1398; or 

fax your request to: (301) 470–1244; or 

e-mail your request to: edpubs@inet.ed.gov; or 

call in your request toll–free to: (877) 433–7827 (877–4–ED–PUBS). If 877 service is not yet available 

in your area, call (800) 872–5327 (800–USA–LEARN). Those who use a telecommunications device for 

the deaf (TDD) or a teletypewriter (TTY), should call (877) 576–7734; or 

order online at: www.edpubs.org. 

This report is also available on the Department’s Web site at 

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

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

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

9895 or (202) 205-8113. 

This project was funded at least in part with federal funds from the U.S. Department of Education under 

contract number ED-99-CO-0109 with Westat. The contracting officer’s representative was Nancy 

Borkow. The content of this publication does not necessarily reflect the views or policies of the U.S. 

Department of Education nor does mention of trade names, commercial products, or organizations imply 

endorsement by the U.S. Government. 
iii 

CONTENTS 

List of Illustrations.............................................................................................................. v 

Foreword............................................................................................................................. vii 

Acknowledgments .............................................................................................................. ix 

Section 1: An Overview of Clery Act Compliance 

 Introduction .......................................................................................................... 1 

1. What’s This All About Anyway? A Brief History of the Clery Act and a 

Description of Compliance Requirements............................................................ 3 

2. Important Turns on the Road to Compliance: Campus Characteristics to 

Consider ............................................................................................................... 9 

Section 2: Crime Data 

3. Knowing What to Disclose: Classifying and Defining Clery Act Crimes........... 23 

4. Where Do You Get All of This Information? Collecting Crime Data ................ 49 

Section 3: Ongoing Disclosure Requirements 

5. Alerting Your Campus to Threats: The Timely Warning.................................... 61 

6. Writing It All Down: The Daily Crime Log........................................................ 67 

Section 4: Annual Disclosure Requirements 

7. Adding It All Up: How to Count Clery Act Crimes ............................................ 75 

8. Not Just a Numbers Game: Disclosing Information About Policies, Procedures 

and Programs........................................................................................................ 85 

9. Special Considerations: Policies Regarding Sex Offenses and Offenders .......... 103 

10. Getting the Word Out: Distributing the Annual Security Report........................ 111 

11. Submitting Crime Statistics to the U.S. Department of Education: 

Web-Based Data Collection ................................................................................. 115 
iv 

Appendices 

A. The Clery Act Regulations ................................................................................... 133 

B. Checklist for Clery Act Compliance..................................................................... 161 

C. Case Management Division Contact Information ................................................ 167 

D. Sample Map.......................................................................................................... 171 

E. Additional FBI Guidance on Crime Classification .............................................. 175 

F. Sample Statistical Reporting Templates............................................................... 183 

G. Section 120(a)–(d) of the Higher Education Act (HEA)...................................... 193 

Index .............................................................................................................................. 195 
v 

ILLUSTRATIONS 

Figures 

Sample Letter to Campus Security Authorities .................................................................. 52 

Sample Request for Statistics From Local Police............................................................... 57 

Sample Timely Warnings ................................................................................................... 64 

Timely Notification Bulletin............................................................................................... 65 

Sample Daily Crime Log .................................................................................................... 68 

Sample Crime Statistics Table............................................................................................ 82 

Sample Policy Statement Addressing Timely Warnings.................................................... 87 

Sample Policy Statement Addressing Preparation of Disclosure of Crime Statistics......... 88 

Sample Policy Statement Addressing the Reporting of Criminal Offenses........................ 89 

Sample Policy Statement Addressing Voluntary Confidential Reporting.......................... 90 

Sample Policy Statement Addressing Limited Voluntary Confidential Reporting ............ 90 

Sample Policy Statement Addressing Security and Access................................................ 91 

Sample Policy Statement Addressing Campus Law Enforcement (For Institutions 

Whose Police Have Arrest Authority).................................................................. 92 

Sample Policy Statement Addressing Campus Law Enforcement (For Institutions 

Whose Police Do Not Have Arrest Authority)..................................................... 93 

Sample Policy Statement Addressing the Encouragement of Accurate and Prompt Crime 

Reporting.............................................................................................................. 94 

Sample Policy Statement Addressing Counselors (For Institutions With Confidential 

Reporting Procedures).......................................................................................... 95 

Sample Policy Statement Addressing Counselors (For Institutions Without Confidential 

Reporting Procedures).......................................................................................... 95 

Sample Policy Statement Addressing Security Awareness Programs................................ 96 

Sample Policy Statement Addressing Crime Prevention Programs ................................... 97 

Sample Policy Statement Addressing Criminal Activity Off Campus (For Institutions 

Whose Police Monitor Off- Campus Activity) .................................................... 98 

Sample Policy Statement Addressing Criminal Activity Off Campus (for Institutions 

Whose Police Do Not Monitor Off-Campus Activity)......................................... 99 

Sample Policy Statement Addressing Alcoholic Beverages............................................... 99 

Sample Policy Statement Addressing Illegal Drugs ........................................................... 100 

Sample Policy Statement Addressing Substance Abuse Education ................................... 101 

Sample Policy Statement Addressing Sex Offenses........................................................... 107 

Addressing Sex Offender Registration (For Institutions Maintaining a List of Registered 

Sample Policy Statement Sex Offenders On-Site) ............................................... 109 

Sample Policy Statement Addressing Sex Offender Registration (For Institutions 

Providing an Electronic Link To Registered Sex Offender Information 

Maintained by an Outside Law Enforcement Agency) ........................................ 110 

Sample Policy Statement Notice of Availability of Annual Security Report..................... 113 

Table 

1 Components of Clery Act Compliance................................................................. 6 
vi 

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vii 

Foreword 

ampus security and safety are important issues in postsecondary 

education today. Providing students nationwide with a safe 

environment in which to learn and keeping students, parents and 

employees well informed about campus security are goals that have 

been voiced by many groups. These goals were advanced by the 

Crime Awareness and Campus Security Act of 1990. The U.S. 

Department of Education (ED) is committed to ensuring that 

postsecondary institutions are in full compliance with this act, and 

that the enforcement of the act remains a priority. 

Compliance with this act, now known as the Jeanne Clery 

Disclosure of Campus Security Policy and Campus Crime Statistics 

Act, or Clery Act, provides students and families, as higher education 

consumers, with the information they need to make informed 

decisions. This handbook was designed to assist you, in a step-bystep and readable manner, in meeting the regulatory requirements of 

the Clery Act by guiding you through the regulations and explaining 

what they mean and what they require your institution to do. For 

example, this handbook contains references to specific sections of 

the regulations, highlights important information in side notes, and 

provides examples of documents that can be used as models for your 

institution. And, since no handbook could cover every situation, it 

also provides you with contact information if you need further 

assistance. 

We hope that you will find The Handbook for Campus Crime 

Reporting to be a useful tool in assisting you in complying with the 

Clery Act. We urge you to share the information it contains with 

everyone involved with Clery Act compliance at your institution. 

C 
viii 

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ix 

Acknowledgments 

he authors wish to thank the many individuals whose 

contributions made this handbook a reality. First to David 

Bergeron, the OPE project officer, thank you for your support, 

encouragement and willingness to listen to all sides of the issue. 

To all of the members of the working group, S. Daniel Carter, 

Lori England, Julius Goaneh, Susan Hattan, Michael Lance, 

Roderick Pullen, Michael Schuchert, Chris Simmons, Dolores 

Stafford and Michael Webster, thank you for your advice, incredible 

patience and good humor throughout this process. We owe an 

additional debt of gratitude to Susan Hattan and Michael Schuchert 

for their willingness to endure even more meetings to help us 

understand and address compliance issues for “non-traditional” 

campuses. And to Daniel Carter and Dolores Stafford, an extra 

thank you for the countless hours you spent outside of the working 

group meetings serving as sounding boards for our ideas, debating 

issues with us and helping us to craft wording that will make the 

compliance process understandable to all concerned. 

Thank you also to Joe Mike and Barbara Bauman from OPE, 

and outside reviewers Alan MacNutt, John Wesley Lowery, Doug 

Tuttle, Steven Goldman, and countless others who reviewed the 

handbook, provided valuable suggestions, and participated in the 

field testing of the training program over the past year. 

This handbook would be less than complete without the 

contributions of the many institutions who gave us permission to use 

examples of their policy statements, forms and maps to illustrate 

compliance. Our thanks goes to the following: University of 

Wyoming; James Madison University; San Diego State University; 

California State University, Long Beach; University of California, 

Irvine; University of New Mexico, Albuquerque; McDaniel College; 

University of Tennessee, Chattanooga; Montgomery College, 

Maryland; George Washington University; Strayer University; Tufts 

University; California State University, Los Angeles; Vanderbilt 

University; California State University, Fresno; University of 

California, San Diego; Cayuga Community College; Dodge City 

Community College; Virginia Polytechnic Institute and State 

University; Hollins University; and University of California System. 

And a special thanks to Sylvie Warren who worked her 

formatting magic every time the working group decided to 

reorganize the handbook. 

T 
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Section 1: 

An Overview of 

Clery Act Compliance 

his section is designed to give you an overall picture of what 

institutions must do to comply with the Clery Act. The introduction 

provides a brief overview of the handbook. Chapter 1 identifies the 

components involved in compliance, and Chapter 2 helps you to determine 

what compliance involves for your specific institution. 

T 

1 

Introduction

o... your institution has assigned to you the job of coordinating 

compliance with the Clery Act and you’d like to know more 

about what that means. Note that we’ve used the term “coordinate” 

here because this is not a one-person job. Most institutions will find 

it necessary to coordinate compliance activities with many people 

and offices throughout the campus community. This fact will 

become much clearer to you as you work your way through this 

handbook. 

You may be a security officer, an institutional research 

director, an administrative assistant or the president of the school. 

Your institution may occupy two rooms in a multistory building, 

several city blocks, or 100 acres surrounded by a small town. No 

matter what your administrative position or the size of your 

institution, you have essentially the same compliance responsibilities 

as every other institution that participates in federal Title IV student 

aid programs. (More about Title IV in Chapter 2.) 

Compliance with the Clery Act is not simply a matter of 

entering statistics into a Web site or publishing a brochure once a 

year. Compliance is a whole system of developing policy statements, gathering information from all the required sources and 

translating it into the appropriate categories, disseminating 

information, and, finally, keeping records. Many people at your 

institution—from the president on down—should be involved. 

This handbook is a compilation of current U.S. Department of 

Education (ED) guidelines. It also incorporates scenarios, examples, 

and issues discussed in multiple sessions of a working group 

composed of representatives of ED, the Federal Bureau of 

Investigation (FBI), the International Association of Campus Law 

Enforcement Administrators (IACLEA), Security on Campus (SOC), 

and various other stakeholders. 

The handbook will lead you through the process of 

compliance step-by-step. It may not have the answers to all your 

specific questions, but it will explain the why, what, who, when and 

how of Clery Act compliance. 

S 
Introduction 

2 

This handbook will: 

• Provide you with a detailed discussion of Clery Act

compliance, including sample policy statements, recordkeeping forms and helpful practices; 

• Provide clear, step-by-step instructions for those of you 

with little or no experience complying with the Clery Act

requirements; 

• Provide information for experienced individuals or offices 

to assist in satisfying compliance requirements; 

• Provide detailed discussions about how the regulations 

apply in certain situations; and 

• Provide examples of how to classify and count Clery Act

crimes. 

This handbook will not: 

• Impact or change current Clery Act regulations in any 

way. 

• Supplant or replace the Higher Education Act of 1965

(HEA). The HEA and its regulations take precedence if or 

when there are any differences between them and the 

handbook. Your institution is responsible for ensuring 

that it complies with any changes to the HEA and the 

regulations. 

• Discuss security issues that are not addressed in the 

regulations (e.g., how to increase funding for your 

institution’s security department). 

If you are experienced with Clery Act compliance, you may be 

asking yourself whether you actually need a campus crime reporting 

handbook. Maybe you’re wondering if you need to read it all the 

way through. If so, you will find that the handbook includes 

numerous suggestions that may make your task easier while 

providing complete information for everyone involved in Clery Act

compliance. 

We suggest that you read this material carefully, think about 

how it applies to your situation, and then read it again. If you still 

have questions, understand that you are not alone. Many people who 

have been involved with this effort from the beginning still have 

questions. To address everyone’s concerns, an e-mail Help Desk has 

been established and can be accessed at 

CrimeHandbookQuestions@ed.gov. 
3 

What’s This All About CHAPTER 1

Anyway? A Brief 

History of the Clery Act

and a Description of 

Compliance Requirements

hoosing 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 (Title II of Public Law 101–542), which 

amended the Higher Education Act of 1965 (HEA). This act 

required all postsecondary institutions participating in Title IV 

student financial aid programs to disclose campus crime statistics 

and security information. The act was amended in 1992, 1998 and 

2000. 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. 

(See Appendix A for a detailed legislative history of the Clery Act.)

The Clery Act requires higher education institutions to give 

timely warnings of crimes that represent a threat to the safety of 

students or employees, and to make public their campus security 

policies. It also requires that crime data are collected, reported and 

disseminated to the campus community and are also submitted to 

ED. The act is intended to provide students and their families, as 

higher education consumers, with accurate, complete and timely 

information about safety on campus so that they can make informed 

decisions. 

What Is Your Institution Obliged to Do? 

To be in compliance with Clery Act regulations, your 

institution has several obligations. These fall into three main 

categories: 1) policy disclosure; 2) records collection and retention; 

and 3) information dissemination. 

C 
Chapter 1–What’s This All About Anyway? 

4 

1. Policy disclosure 

Your institution must provide your campus community and 

the public with accurate statements of its current policies and 

practices regarding: 

• Procedures for students and others to report criminal 

actions or other emergencies occurring on campus; 

• Security of and access to campus facilities; and 

• Campus law enforcement. 

The regulatory requirements regarding these policy statements 

are discussed in detail in Chapters 8 and 9 of this handbook. 

2. Records collection and retention 

Your institution is required to keep some campus records and 

to request records from law enforcement agencies. 

• You must keep records of crimes reported to campus 

security authorities. 

• Your institution must also make a reasonable good-faith 

effort to obtain certain crime statistics from appropriate 

law enforcement agencies to include in an annual security 

report and the Web-based report to ED. 

• If your institution maintains a campus police or 

security office, you are required to keep a daily crime log

that must be open to public inspection. 

Suggestions for how to request data from local authorities can 

be found in Chapter 4. The crime log and its requirements, along 

with an example of a typical crime log, are discussed in detail in 

Chapter 6. Records-retention requirements are found in Chapter 10. 

3. Information dissemination 

To provide campus community members with information 

necessary to make informed decisions about their safety, you must 

disseminate information in several ways. You must: 

• Provide a “timely warning” of any Clery Act crime that 

might represent an ongoing threat to the safety of students 

or employees; 

Local police statistics cite 

34 CFR 668.46(c)(9) 

Timely warning cite 

34 CFR 668.46(e) 

Crime log cite 

34 CFR 668.46(f) 
Chapter 1–What’s This All About Anyway? 

5 

• Provide access to your crime log during normal business 

hours; 

• Publish an annual security report and distribute it to all 

current students and employees, and inform prospective 

students and employees about the content and availability 

of the report; 

• Inform the campus community where to obtain 

information about registered sex offenders; and 

• Submit your institution’s crime statistics to ED through 

our Web-based data collection system. 

Requirements and suggestions for providing a timely warning 

report system are presented in Chapter 5. A complete discussion of 

the crime log can be found in Chapter 6. A detailed description of 

the requirements for the annual security report is found in Chapters 

7–10. Sex offender registry information is included in Chapter 9. 

Finally, Chapter 11 discusses the requirements of the report to ED. 

Who Must Be Involved? 

All postsecondary institutions, both public and private, that 

participate in federal Title IV student aid programs are required to 

comply with the Clery Act regulations. Although Clery Act

compliance is an institutional responsibility, full compliance is a 

campus-wide effort, and concerns all members of the campus 

community. Policy statements must be developed and crime reports 

must be collected from a wide variety of campus security authorities. 

These authorities include: 

• Campus police; 

• Non-police security staff responsible for monitoring 

campus property; 

• Individuals and offices designated by the campus security 

policies as those to whom crimes should be reported; and 

• Officials of the institution with significant responsibility 

for student and campus activities. 

A complete description of these requirements, including identifying 

campus security authorities, informing them of their responsibilities, 

and gathering appropriate data from them, is contained in Chapter 4. 

Annual security report cite 

34 CFR 668.46(b) 

Annual submission cite 

34 CFR 668.41(e)(5) 

Campus security authority 

cite 

34 CFR 668.46(a) 
Chapter 1–What’s This All About Anyway? 

6 

Note that all institutions receiving 

Title IV funds, whether or not they 

maintain any type of campus police 

or security department, are 

required to comply with the Clery 

Act. 

When Must These Things Happen? 

Compliance with the Clery Act is not a once-a-year event. As 

you by now are aware, many requirements must be satisfied before 

an institution can be considered in full compliance. Some 

requirements are ongoing, such as policy implementation, timely 

warnings, and crime log updating, while other requirements are less 

frequent, such as the annual security report and the crime statistics 

report that is submitted to ED. 

Table 1.1 is an overview of the basic requirements and time 

frames for the main components of compliance. The details and 

explanations for each requirement are contained in the remaining 

chapters in this handbook. Appendix B provides a checklist for 

Clery Act compliance. 

TABLE 1—COMPONENTS OF CLERY ACT COMPLIANCE 

What? When? To Whom? Chapter(s) 

Development, disclosure and 

implementation of all campus 

security policies. 

Routinely on an ongoing 

basis. 

All members of the campus 

community. 

8–9 

Timely warnings to alert the 

campus community about crimes 

that pose a serious or continuing 

threat to safety. 

Whenever there is a threat 

that a crime is ongoing or 

may be repeated (i.e., as soon 

as the information becomes 

available). 

All members of the campus 

community. 

5 

*A daily crime log that lists, by 

date reported, all crimes reported 

to the campus police or security 

department. 

Updated daily as crimes are 

reported. 

Must be made available for 

public inspection without 

exception. 

6 

Annual security report 

containing campus security 

policy disclosures and crime 

statistics for the previous three 

years. 

Must be published and 

distributed annually by 

October 1. There is no grace 

period. 

Current students and 

employees individually. 

Prospective students and 

employees notified of 

availability of report. 

7–10 

Report to ED of statistics for 

Clery Act crimes via designated 

Web site. 

Each fall, on the dates 

provided by ED in a letter to 

your institution. 

Made available for public 

inspection. 

11 

*A crime log is mandatory for all institutions that maintain a campus police or security department. 
Chapter 1–What’s This All About Anyway? 

7 

Before Moving On 

Now that you know the basics of Clery Act compliance, you 

need to be aware of the consequences of noncompliance. In addition 

to providing guidance on the implementation of Clery Act

regulations and collecting and disseminating crime data to Congress 

and the public, the U.S. Department of Education is also responsible 

for monitoring compliance. 

ED can issue civil fines up to $27,500 per violation for a 

substantial misrepresentation of the number, location or nature of the 

crimes required to be reported. Final Review Determination Reports 

are public records. ED’s Program Review Guide can be accessed at 

www.ifap.ed.gov. 

It is therefore important that you read the following chapters 

carefully, think about how they apply to your situation, and then 

review them again. Use this handbook as a desk reference as you set 

up your policy and data collection system. Keep timely and 

complete records, and ask for help if necessary. 

Civil penalty cite 

20 U.S.C. 1092(f)(13) and 

1094(c)(3)(B) 
8 

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9 

Important Turns on the CHAPTER 2

Road to Compliance: 

Campus Characteristics 

to Consider 

lthough compliance requirements are essentially the same 

for all institutions, the route to satisfying them will not be 

the same for all. Ask yourself the following questions about 

your institution to determine the route you should take. 

Does My Institution Participate in 

Federal Title IV Programs? 

All public and private postsecondary institutions that 

participate in federal Title IV student aid programs must comply 

with the Clery Act regulations. Title IV institutions have signed 

Program Participation Agreements (PPAs) with ED to administer 

federal student aid programs. These programs include: Pell Grants; 

Federal Supplemental Educational Opportunity Grants (FSEOGs); 

the Federal Work Study Program; Federal Plus Loans; the Federal 

Family Education Loan Program (FFELP); the Direct Loan Program; 

and the Leveraging Educational Assistance Partnership (LEAP). If 

you are not sure whether your institution participates in Title IV, 

contact your institution’s financial aid officer or chief executive 

officer. Note that: 

• Your institution must comply with Clery Act requirements 

beginning on the date your Program Participation 

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

the secretary of education). 

For institutions that become Title IV eligible at times 

other than at the start of a calendar year, there are special 

considerations. Upon signing your PPA, you are required 

to develop policy statements, issue timely warning reports 

if necessary, and keep a crime log if your institution 

maintains a campus police or security department. 

However, you will need to contact ED’s School Eligibility 

A 
Chapter 2–Important Turns on the Road to Compliance 

10 

Channel (formerly the Office of Case Management and 

Oversight) for guidance regarding your institution’s 

statistical disclosure requirements. 

Crime statistics are disclosed each year for the previous 

three years. For example, if your institution became Title 

IV eligible in July 2004, you would not have collected any 

Clery Act crime statistics prior to that date. Because it 

takes some time and coordination to begin collecting 

crime statistics, you will need guidance in determining the 

date for which your institution is responsible for beginning 

its crime statistics reporting. The School Eligibility 

Channel will make this decision on a case-by-case basis. 

Contact information for the appropriate division is 

provided in Appendix C. 

• 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

for all locations. The requirement is based on institutional 

eligibility, not location eligibility. 

• If your institution is not a Title IV institution 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 Clery Act. 

If you have determined that your 

institution is not a Title IV 

institution, you are not required to 

comply with the Clery Act. If your 

institution is a Title IV institution, 

read on. 

Does My Institution Maintain a Campus 

Police or Security Department? 

Most institutions with a campus setting have a campus police 

or security department. Some institutions choose not to provide 

these 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 

Crime log cite 

34 CFR 668.46(f)(1) 
Chapter 2–Important Turns on the Road to Compliance 

11 

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.” 

If local law enforcement patrols on or near your campus, but 

your institution does not have an arrangement or contract with the 

police for this service, your institution is not required to maintain a 

crime log for Clery Act purposes. The campus security policy 

statement you disclose in your annual security report should indicate 

if your campus security personnel constitute a campus police or 

security department (more about this in Chapter 8). This is an 

important distinction because any institution that has a security 

department is required to maintain a crime log. 

If your institution has 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 do not 

constitute a police or security department, your institution is not 

required to maintain a crime log. If your institution does not 

maintain a police or security department, but leases classroom space 

in a building with security personnel employed or contracted by your 

landlord, you are not required to keep a daily crime log. The 

requirements of the crime log are detailed in Chapter 6. 

Does your institution maintain a 

police or security department? If 

so, you are required to keep a crime 

log. If not, your institution is not 

required to keep a crime log; 

however, you must meet all other 

 Clery Act requirements. 

What Geographic Area Is Associated with 

My Campus? 

The Clery Act requires that institutions disclose statistics for 

offenses committed in certain geographic locations associated with 

the institution. For example, if a burglary is reported to the campus 

police, it should be included in the annual security report only if it 

occurred in one of the following locations: on campus, in or on a 

noncampus building or property, or on public property within or 

immediately adjacent to and accessible from the campus. All crimes, 

including hate crimes (discussed in Chapter 3), must be disclosed by 

geographic location. These locations have definitions specific to the 

Clery Act and are described in detail next. 

Geographic breakdown cite 

34 CFR 668.46(c)(4) 
Chapter 2–Important Turns on the Road to Compliance 

12 

On Campus 

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 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). 

What does this mean? 

“On campus” is what most people traditionally think of as the 

main part or core of an institution. A building or property that an 

institution owns, rents or leases is considered to be “controlled by” 

the institution. A building or property that is owned by a third party 

that has a written contract with the institution is also considered to be 

controlled by the institution. “Reasonably contiguous” requires 

some judgment on the part of the institution. A building or property 

would be considered reasonably contiguous if: 1) it is in a location 

that you consider to be, and treat as, an integral part of your main or 

core campus; and 2) it is covered by the same security policies as 

that campus. Therefore, on-campus includes buildings and property 

that are in the same general location and that fit into one of two 

types: 

a) Owned or controlled by the school and used to meet or 

support the school’s educational purposes. This includes 

residence halls. Examples of other buildings or property 

are: 

• Buildings that house classrooms and labs. 

• Buildings that house administrative offices such as 

financial aid, business and admissions. 

• Fraternity and sorority houses. This includes only 

those houses located on campus that are owned or 

controlled by the institution. This does not include 

fraternity or sorority houses on campus that are 

owned or controlled by the fraternity or sorority. In 

cases where the institution owns the property, but the 

fraternity or sorority controls the building, the house 

is considered on campus. The institution’s ownership 

of the property takes precedence over the student 

organization’s control. Note that this rule of 

Geographic definitions cite 

34 CFR 668.46(a) 
Chapter 2–Important Turns on the Road to Compliance 

13 

ownership having precedence over control applies 

only to fraternity or sorority houses. 

• Student activity centers. 

• Health clinics. 

• Storage facilities (e.g., facilities used to store lab 

equipment or building supplies). 

b) Owned but not controlled by the school, frequented by 

students, and used to support the institution’s purposes. 

Examples are: 

• Food vendors; and 

• Book stores. 

“Dormitories or other residential facilities for students on 

campus” is a subset of the on-campus category. Institutions must 

disclose the total number of on-campus crimes, including those in 

dorms or other residential facilities for students on campus, and must 

also make a separate disclosure limited to the number of crimes 

occurring in student dorms or residential facilities on campus. As a 

subset, the number of crimes reported for dormitories or other 

residential facilities must be less than or equal to the number of 

reported crimes for the on-campus category. 

Do not include faculty-only residence facilities in this 

category. Faculty housing that is owned or controlled by the 

institution and which is located within the confines of the campus 

falls under the on-campus category only. 

If your institution does not have dormitories or residential 

facilities for students on campus, you may omit this location from 

the statistical section of your annual security report. You must, 

however, provide an explanation clearly stating that your institution 

does not have such facilities. Note that if your institution has 

dormitories or other facilities for students on campus, you must 

include this location in your statistical disclosure even if there were 

no crimes reported there. You should enter a zero (0) for each type 

of crime. Do not leave blanks and do not omit the residential 

location from your disclosure. 

A Noncampus Building or Property 

Any building or property owned or controlled by a student 

organization that is officially recognized by the institution; or 

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

34 CFR 668.46(c)(4)(iii) and 

definitions 
Chapter 2–Important Turns on the Road to Compliance 

14 

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. 

What does this mean? 

Any building or property that is either owned or controlled by 

an officially recognized student organization is considered to be a 

“noncampus” location. Whether the building or property is located 

on campus or off campus is irrelevant. If it is owned or controlled by 

a recognized student organization, it is noncampus for Clery Act

purposes. 

Use the following guidelines to help you determine whether 

crimes reported for a fraternity or sorority house are classified as on 

campus or noncampus. 

For an on-campus crime: 

• The building is owned or controlled by the institution and 

is located within the confines of the main campus; 

• The building is owned by the institution, but controlled by 

a fraternity or sorority, and located within the confines of 

the main campus; and 

• The property (land) is owned by the institution, the house 

is owned or controlled by the fraternity or sorority, and the 

building is located within the confines of the main 

campus. 

For a noncampus crime, the building is: 

• Owned or controlled by the institution and is located off 

campus; 

• Owned or controlled by a student organization and is 

located within the confines of the main campus; 

• Owned or controlled by a student organization and is 

located off campus; and 

• Owned by the institution, but controlled by a fraternity or 

sorority, and is located off campus. 

The second part of the noncampus definition includes any 

building or property not part of the main campus, but not constituting 

a separate campus. Note that a building or property must meet all 

three of the criteria for this classification: 1) owned or controlled by 
Chapter 2–Important Turns on the Road to Compliance 

15 

the institution; 2) used for its educational purposes; and 3) frequently 

used by students. 

Examples of properties typically meeting the requirements of 

noncampus properties are: 

• Research facilities. 

• University-owned hospitals. 

• An off-campus student housing facility owned by a third 

party that has a written contract with your institution to 

provide student housing. It does not matter whether the 

rent is paid to the third party by the institution on behalf of 

the students or directly by the students (if there is no 

written contract with the institution, there is no 

requirement to disclose offenses occurring there). 

• A student residential facility owned or controlled by the 

institution, but not located within the same reasonably 

contiguous geographic area of the institution. 

• A publicly owned athletic stadium that is leased by the 

institution for its football games. Report crimes that occur 

during the time the facility is used by your students. If 

your institution leases parking space associated with this 

facility, you must also disclose reports of crimes occurring 

there during the time of use by your institution. 

• Institutionally owned research vessels carrying students 

participating in institutional programs. 

• A site owned or controlled by your institution where a 

student does an internship, externship, clinical training or 

student teaching. If your institution offers additional 

classes for students in a rented or leased location, your 

disclosure requirements are determined by the time 

covered in the contract. For example, if you lease a floor 

of a building on Tuesdays and Thursdays between the 

hours of 6:00 a.m. and 10:00 p.m., you must disclose all 

Clery Act crimes that occur in that space on Tuesdays and 

Thursdays between 6:00 a.m. and 10:00 p.m. 

If your contract gives you use of that same floor of the 

building on Tuesdays and Thursdays for 24 hours each 

day, you must disclose crimes occurring there during that 

period of time. It does not matter whether or not your 

students were using the space during the time the crimes 

occurred. In addition, if there is additional space 

associated with the leased or rented space (e.g., stairwell, 

hallway or lobby that must be used to enter and leave the 
Chapter 2–Important Turns on the Road to Compliance 

16 

room), you must also disclose any reports of crimes 

occurring there during the time covered by your contract. 

Examples of properties not considered noncampus: 

• If a group of your students goes on an overnight trip to see 

a play and rents hotel rooms, you do not have to disclose 

crimes that occur in the rooms. Regardless of whether this 

is a school-sponsored trip and regardless of who rents the 

rooms (i.e., the students or the institution), such 

accommodations do not fit the “frequently used by 

students” criterion. 

• If a group of your students get together every weekend to 

visit a nearby city, and the students rent hotel rooms at the 

same hotel each time, you do not have to disclose crimes 

that occur in the hotel rooms because this is not an 

institution-sanctioned event and the institution has no 

control over that space. 

• A coffee house located just off campus that is frequented 

daily by students is not controlled by the institution, and 

you do not need to disclose crimes occurring there. 

• If your institution sponsors classes for inmates at a prison 

facility, you are not required to disclose offenses from this 

location because your institution does not own or control 

that space.

• If your institution owns the land on which a public 

elementary, middle or high school is located, you do not 

have to disclose crime statistics from that location because 

it is not used for your institution’s educational purposes.

• If your institution sends student teachers to a public 

elementary, middle or high school that is not owned or 

controlled by your institution, you are not required to 

disclose crimes committed there. If, however, your 

institution sends student teachers to an elementary, middle 

or high school that is owned or controlled by your 

institution, you are required to disclose crimes committed 

there. 

• If your institution owns an apartment building and rents 

apartments only to faculty members, you are not required 

to disclose crimes committed there because the building is 

not frequently used by students. However, if these same 

apartments are rented to students, as well as to faculty, or 

are rented strictly to students, you are required to disclose 

offenses at that location.
Chapter 2–Important Turns on the Road to Compliance 

17 

• If your institution has “preferred leasing,” that is, you 

steer students toward recommended off-campus housing, 

but this housing is neither owned nor controlled by the 

institution, you are not required to disclose crimes 

occurring there. 

If your institution does not have any noncampus buildings 

or property associated with it, you may omit this location from the 

statistical portion of your annual security report. You must provide 

an explanation clearly stating that your institution does not have such 

buildings or property. 

Note that if your institution does have noncampus buildings or 

property, you must include these locations in your statistical 

disclosure even if no crimes were reported there. You should enter a 

zero (0) for each type of crime. Do not leave blanks and do not omit 

this location from your report. 

Crimes committed on field trips sponsored by an institution 

are not included in an institution’s Clery Act statistics unless the field 

trip was to a noncampus building or property owned or controlled by 

the institution. 

On Public Property

All public property, including thoroughfares, streets, 

sidewalks, and parking facilities, that is within the campus, or 

immediately adjacent to and accessible from the campus. 

What does this mean? 

You are required to disclose offenses that occur on public

property (property not owned or controlled by your institution and 

not private residences or businesses). Only the public property that is 

within your campus, or next to or bordering your campus and that is 

easily accessible from your campus, is included in this definition 

(i.e., not public property for the entire jurisdiction surrounding your 

institution). For example, a thoroughfare such as a highway that is 

immediately adjacent to your institution but is separated by a fence 

or other manmade barrier would not be included in this definition 

because it is not accessible from your campus. Include the sidewalk 

across the street from your campus, but do not include public 

property beyond the sidewalk. Include publicly owned or municipal 

parking facilities. The Clery Act does not require you to disclose 

crime statistics for public property that surrounds noncampus 

buildings or property. 

34 CFR 668.46(c)(4)(iv) and 

definitions 

You are 

not required to 

disclose crime 

statistics for 

public property 

that surrounds 

noncampus 

buildings or 

property.
Chapter 2–Important Turns on the Road to Compliance 

18 

Suppose the public property immediately adjacent to an 

institution is a park or similar type of area that extends farther than 

“immediately adjacent” to your campus. How do you know just how 

much of this property to include for purposes of Clery Act reporting? 

If a park is gated on the side or sides that border your campus, 

and is, therefore, not accessible from the campus, crimes committed 

there are not disclosed. However, if that same park is not gated, it is 

considered accessible, and crimes committed there are considered to 

have occurred “on public property.” They are, therefore, disclosed. 

If the gate to the park is open during specific times and the park is 

then accessible from your campus, you must disclose crimes 

occurring there for the applicable time period. 

For such parks or comparable public areas, we suggest that 

you use one mile from your campus borders as your guide. One mile 

is considered by ED to be a reasonable walking distance from a 

campus. If your institution has special concerns about areas that 

extend beyond this parameter, you may provide additional 

information. Note that this one-mile suggestion applies only to 

public parks or other comparable areas. It does not apply to all 

public property. 

One of the intentions of providing this information to students 

and others is to allow comparisons between areas where institutions 

are located. It is important, therefore, that all institutions define “on 

public property” in a similar manner. 

While the use of a map is not required by Clery Act

regulations, some institutions choose to provide a map to help the 

campus community better understand where reported crimes were 

committed. A map may be used only if it presents an accurate picture 

of the geographic locations it depicts. As such, it is imperative that 

you update your map with each annual security report, as necessary. 

If you are reporting for separate campuses and choose to use maps, 

you must provide a separate map for each campus. A sample map is 

included in Appendix D. 

We advise you to keep careful track of your institution’s real 

estate transactions throughout the year because they may affect 

disclosure obligations. If after reading this handbook, you are still 

unsure how a building or property fits into the Clery Act geographic 

locations, e-mail CrimeHandbookQuestions@ed.gov for help. 

Do you know how each geographic 

location applies to your institution? 

Getting this right is one of the keys 

to accurate crime reporting. 
Chapter 2–Important Turns on the Road to Compliance 

19 

Does My Institution Have Any Separate 

Campuses? 

Since the whole point of disclosing crime statistics is to make 

sure that people are better informed about safety in their local 

environments, Clery Act requirements must be met individually for 

each separate campus. The definition of separate campus is broad 

and encompasses many kinds of campuses. A separate campus, by 

definition, is an additional location such as a branch, school or 

administrative division that is not reasonably geographically 

contiguous with the main campus. 

A branch campus is a specific ED 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. 

For Clery Act purposes, an administrative division of an 

institution is an academic division that offers an organized program 

of study but is not geographically contiguous to the campus. 

Administrative divisions include schools of business, law, medicine 

or nursing, which have separate facilities and administrative offices. 

Therefore, if you have one main campus, a branch campus and a 

satellite location, all three must comply separately with the Clery 

Act.

Although this covers most multilocation institutions, some less 

typical cases deserve further clarification. 

• Separate Clery Act compliance is required both for U.S.-

owned foreign institutions as well as branches of domestic 

institutions that are located abroad. 

• If your institution sends students to study abroad or to 

exchange programs at institutions that you do not own or 

control, you are not required to disclose crimes occurring 

there.

• If your institution shares a campus with another Title IV 

institution, each must comply separately. Do not divide 

the property for reporting purposes. 

• If your institution has multiple campuses each located in 

different geographically separate buildings that are rented 

or leased by your institution, compliance requirements 

must be met separately for each location. If your 

Branch campus definition 

cite 

34 CFR 600.2 

Separate campus cite 

34 CFR 668.46(d) 
Chapter 2–Important Turns on the Road to Compliance 

20 

institution does not rent or lease the entire building, you 

are to disclose only crimes that occur in the space your 

institution occupies for the time you rent or lease that 

space. Remember to disclose reports of crimes occurring 

on public property for each location. 

• If your institution’s campus consists solely of rented 

classroom space on the campus of another institution, you 

must disclose crimes that occur in that classroom space 

while it is occupied by your students. 

• If your institution has an additional location that offers online distance education only, that location is not required 

to comply with the Clery Act. 

If the situation at your institution is different than any of the 

abovementioned examples, e-mail 

CrimeHandbookQuestions@ed.gov for assistance before making any 

reporting decisions. 

Does your institution have any 

separate campuses? If the answer is 

yes, keep this in mind as you 

continue reading this handbook. 

Each separate campus requires 

separate Clery Act compliance. 

Now, let’s talk about just exactly what crimes need to be 

disclosed and how they should be categorized. 
Section 2: 

Crime Data

ow that you have read an overview of Clery Act compliance, the next 

step is to familiarize yourself with the crime data you need to disclose. 

This information is applicable to timely warnings, the crime log, the annual 

security report, and the Web-based report to ED. 

We will take it step-by-step. Chapter 3 discusses how to classify 

crimes, while Chapter 4 addresses how to collect crime data from various 

sources. Note that while the discussion of each type of crime includes a 

statement about how the crime is counted, a detailed explanation of counting 

crimes is provided in Chapter 7. 

N 
This page intentionally left blank. 
23 

Knowing What to CHAPTER 3 

Disclose: Classifying and 

Defining Clery Act Crimes 

our institution is required to disclose crime statistics based on 

four factors: 1) where the crime occurred; 2) the type of crime; 

3) to whom the crime was reported; and 4) when the crime was 

reported. Chapter 2 discussed the applicable geographic locations—

on campus, in or on noncampus buildings or property, or on public 

property within or immediately adjacent to and accessible from your 

campus. This chapter focuses on the specific Clery Act crimes you 

must disclose, and how they are defined. 

First, you must know what this law means by disclosing 

“crimes.” You are required to disclose reported crimes. A crime is 

reported when it is brought to the attention of a campus security 

authority or the local police by a victim, witness, other third party, or 

even the offender. An institution must disclose crime reports 

regardless of whether any of the individuals involved in either the 

crime itself, or in the reporting of the crime, are associated with the 

institution. 

If the individual receiving the crime information believes it 

was provided in good faith, he or she should document this as a 

crime report. In good faith means there is a reasonable basis for 

believing that the information is not simply rumor or hearsay. That 

is, there is little or no reason to doubt the validity of the information. 

What you must disclose, therefore, are statistics from reports 

of alleged criminal incidents. 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. If the 

institution is in doubt as to whether a crime has been reported, the 

institution should rely on the judgment of law enforcement 

professionals. 

Y

A crime is 

reported when 

it is brought to 

the attention 

of a campus 

security 

authority or 

the local police 

by a victim, 

witness, other 

third party, or 

even the 

offender. 
Chapter 3–Knowing What to Disclose 

24 

The Clery Act requires institutions to disclose three general 

categories of crime statistics: 

1. Types of Offenses—Criminal Homicide, including: 

a) Murder and Non-Negligent Manslaughter; and 

b) Negligent Manslaughter; Sex Offenses including: 

a) forcible, and b) non-forcible; Robbery; Aggravated 

Assault; Burglary; Motor Vehicle Theft; and Arson. 

2. Hate Crimes—Disclose whether any of the abovementioned offenses, or any other crimes involving bodily 

injury, were hate crimes; and 

3. Arrests and Referrals for Disciplinary Action for illegal 

weapons possession and violation of drug and liquor laws. 

How Are Clery Act Crimes Defined?

It is very important that you pay careful attention to crime 

definitions in order to classify crimes properly so that your statistical 

disclosures are in compliance with the Clery Act. The definitions are 

taken from the Federal Bureau of Investigation’s (FBI’s) Uniform 

Crime Reporting Handbook (UCR) as required by Clery Act

regulations. Keep in mind that the regulations state that institutions 

must use the UCR for defining and classifying crimes. The 

regulations do not state that Clery Act crime reporting must meet all

UCR standards. 

You are required to report offenses, not 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. 

Note that crime definitions appear in italics. Much of the 

wording for the discussion following the definitions is taken directly 

from the UCR. Although the Clery Act does not require a breakdown 

of crime statistics into subcategories (e.g., Burglary–Forcible Entry, 

Burglary–Unlawful Entry–No Force, and Burglary–Attempted 

Forcible Entry), this information from the UCR is provided in this 

handbook to help you determine what to include in the overall crime 

classification (e.g., Burglary). Some of the crime examples are 

adapted from the UCR, while others were created for this handbook. 

UCR Definitions cite 

34 CFR 668.46(c)(7) 

You are 

required to report 

offenses, not 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.
Chapter 3–Knowing What to Disclose 

25 

Types of Offenses 

1. Criminal homicide. These offenses must be separated 

into two categories: Murder and Non-Negligent Manslaughter, and 

Negligent Manslaughter. 

Murder and Non-Negligent Manslaughter is defined as the 

willful (non-negligent) killing of one human being by another.

As a general rule, any death caused by injuries received in a 

fight, argument, quarrel, assault or commission of a crime is 

classified as Murder and Non-Negligent Manslaughter. You must 

not classify the following as Murder and Non-Negligent 

Manslaughter: suicides, fetal deaths, traffic fatalities, accidental 

deaths, assaults to murder and attempts to murder. 

Suicides, traffic fatalities and fetal deaths are excluded; 

however, some accidental deaths are classified as Manslaughter by 

Negligence and will be addressed later. Attempts and assaults to 

murder must be classified as aggravated assaults. 

Situations in which a victim dies of a heart attack as the result 

of a crime are not classified as criminal homicide. A heart attack 

cannot, in fact, be caused at will by an offender. Even in instances 

where an individual is known to have a weak heart, there is no 

assurance that an offender can cause sufficient emotional or physical 

stress to guarantee that the victim will suffer a fatal heart attack. 

Certain willful killings are classified as justifiable or 

excusable. In the UCR, justifiable homicide 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. Note that justifiable homicide is not a Clery Act crime. 

For Clery Act purposes, crime counts are based on incidents 

reported. Do not classify a killing as justifiable or excusable solely 

on the claims of self-defense or on the actions of a coroner, 

prosecutor, grand jury or court. Report the willful (non-negligent) 

killing of one individual by another, not the criminal liability of the 

person or persons involved. Count one offense per victim.
Chapter 3–Knowing What to Disclose 

26 

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. This is classified as three on-campus Murder and Non-Negligent 

Manslaughter 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. This is classified as one on-campus Murder and Non-Negligent Manslaughter statistic. 

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. This is 

classified as one noncampus Murder and Non-Negligent Manslaughter statistic. 

Scenario 4: A non-student is shot and killed during an armed robbery on a city-owned sidewalk in 

front of a campus building. This is classified as one public property Murder and Non-Negligent 

Manslaughter statistic. 

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 annual 

security report, as it occurred at a private facility off campus. 

Negligent Manslaughter is defined as the killing of another 

person through gross negligence.

As a general rule, any death caused by the gross negligence of 

another is classified as Negligent Manslaughter. Deaths of persons 

due to their own negligence, accidental deaths not resulting from 

gross negligence, and traffic fatalities, are not included in the 

category Negligent Manslaughter. The findings of a court, coroner’s 

inquest, etc., do not affect classifying or counting; these are law 

enforcement statistics. Count one offense per victim. 

Example of Negligent Manslaughter 

Scenario: Two students are handling a gun at an on-campus fraternity house owned by the 

institution, and one “jokingly” points the gun at the other. Jim fires the gun, and Mike is killed. Jim 

claims no knowledge of the gun being loaded. This is classified as one Negligent Manslaughter in the 

on-campus category and in the on-campus student housing category. 
Chapter 3–Knowing What to Disclose 

27 

2. Sex offenses. For sex offenses only, definitions from the 

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

of the UCR are used. These offenses must be separated into two 

categories: forcible and non-forcible. Do not differentiate between 

attempted and completed sex offenses in your statistical disclosures. 

For all sex offenses, count one offense per victim. 

Sex Offenses—Forcible is defined as any sexual act directed 

against another person, forcibly and/or against that person’s will; or 

not forcibly or against the person’s will where the victim is 

incapable of giving consent. There are four types of forcible sex 

offenses:

• Forcible Rape is the carnal knowledge of a person, 

forcibly and/or against that person's will; or not forcibly 

or against the person's will where the victim is incapable 

of giving consent because of his/her temporary or 

permanent mental or physical incapacity (or because of 

his/her youth). This offense includes the forcible rape of 

both males and females. 

In cases where several offenders rape one person, count one 

forcible rape. Do not count the number of offenders. 

If force was used or threatened, the crime should be classified 

as forcible rape, regardless of the age of the victim. If no force or 

threat of force was used and the victim was under the statutory age of 

consent, the crime should be classified as statutory rape. The ability 

of the victim to give consent must be a professional determination by 

a law enforcement agency. 

• Forcible Sodomy is oral or anal sexual intercourse with 

another person, forcibly and/or against that person's will; 

or not forcibly or against the person's will where the 

victim is incapable of giving consent because of his/her 

youth or because of his/her temporary or permanent 

mental or physical incapacity. 

• Sexual Assault With an Object is the use of an object or 

instrument to unlawfully penetrate, however slightly, the 

genital or anal opening of the body of another person, 

forcibly and/or against that person's will; or not forcibly 

or against the person's will where the victim is incapable 

of giving consent because of his/her youth or because of 

his/her temporary or permanent mental or physical 

incapacity. An object or instrument is anything used by 

the offender other than the offender’s genitalia. Examples 

are a finger, bottle, handgun, stick, etc. 
Chapter 3–Knowing What to Disclose 

28 

• Forcible Fondling is the touching of the private body 

parts of another person for the purpose of sexual 

gratification, forcibly and/or against that person's will; 

or, not forcibly or against the person's will where the 

victim is incapable of giving consent because of his/her 

youth or because of his/her temporary or permanent 

mental incapacity. Forcible fondling includes “indecent 

liberties” and “child molesting.” 

UCR State Program Bulletin 02–1, 

March 2002, pg. 36 

Examples of Forcible Sex Offenses 

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

jogging along a campus trail. This is classified as one on-campus Forcible Sex Offense. 

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

room while she was unconscious after a night of drinking alcohol. This is classified as one Forcible 

Sex Offense in both the on-campus category and in the on-campus student housing category. 

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

is classified as one on-campus Forcible Sex Offense. 

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

parking lot on her school’s campus by students from another college. This is classified as one oncampus Forcible Sex Offense. 

Scenario 5: Three female students report that they were each raped by five male students at an offcampus fraternity house owned by the fraternity. Each male raped each of the female students. This is 

classified as three noncampus Forcible Sex Offenses. 

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. This is classified as one public property Forcible Sex 

Offense. 

Scenario 7: A male student slipped a date rape drug into a female student’s drink at a noncampus 

fraternity house. Before he could lure the victim away from her friends, however, someone noticed 

what he had done and summoned the police. A police officer found the drug and identified the 

suspect. He determined that the suspect had administered the date rape drug with the intent to 

incapacitate the woman and commit a sexual assault. This is classified as one noncampus Forcible 

Sex Offense. 

Scenario 8: A male student slipped a date rape drug into a female student’s drink at a noncampus 

fraternity house. Before he could lure the victim away from her friends, however, someone noticed 

what he had done and summoned the police. A police officer ascertained that a student had slipped a 

date rape drug into another student’s drink, but the officer was unable to determine the perpetrator’s 

intent. Because the investigating officer was unable to determine intent, the incident cannot be 

counted as a forcible sex offense. The UCR program considers a date rape drug a poison; therefore, 

this is classified as one noncampus Aggravated Assault (defined in detail later in this chapter.) 
Chapter 3–Knowing What to Disclose 

29 

Sex Offenses—Non-forcible are incidents of unlawful, nonforcible sexual intercourse. Only two types of offenses are included 

in this definition: 

• Incest is non-forcible sexual intercourse between persons 

who are related to each other within the degrees wherein 

marriage is prohibited by law. 

• Statutory Rape is non-forcible sexual intercourse with a 

person who is under the statutory age of consent. If force 

was used or threatened, or the victim was incapable of 

giving consent because of his/her youth, or temporary or 

permanent mental impairment, the offense should be 

classified as forcible rape, not statutory rape.

Example of a Non-Forcible Sex Offense 

A 21-year-old student has sex with a 15-year-old juvenile in the student’s on-campus apartment. 

There is no use of force or threat of force (the statutory age of consent is 16). This is classified as one 

Non-Forcible Sex Offense both in the on-campus category and in the on-campus student housing 

category. 

In reporting non-forcible sex offenses, it’s important to 

remember the following: 

• Not all sex offenses are disclosed under the Clery Act. 

(For example, sexual harassment, voyeurism and indecent 

exposure are not reportable offenses under the Clery Act.)

• The only non-forcible sex offenses reportable under the 

Clery Act are incest and statutory rape. There are no 

exceptions. 

We recommend that during a training session: 1) the 

definition of non-forcible sex offenses should be emphasized for 

those individuals to whom crimes are reported; and 2) your 

institution should double-check all reports of non-forcible sex 

offenses to confirm that they fit the Clery Act definition. This does 

not mean you should investigate the offense. Just confirm that the 

description of the offense in the report fits the definition of either 

incest or statutory rape. 

The statutory age of consent differs by state. For example, in 

Maryland, the statutory age of consent is 14 years of age (which 

means the victim must be under 14), and the offender must be at 

least four years older than the victim. In Nevada, a victim is 

someone under age 16, and an offender is someone over age 18. We 

recommend that you consult your state’s statutes to determine the 

statutory age of consent. 
Chapter 3–Knowing What to Disclose 

30 

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. 

Robbery is a vicious type of theft in that it is committed in the 

presence of the victim. The victim, who usually is the owner or 

person having custody of the property, is directly confronted by the 

perpetrator, and is threatened with force or is put in fear that force 

will be used. Robbery involves a theft or larceny, but is aggravated 

by the element of force or threat of force. 

Because some type of assault is an element of the crime of 

robbery, an assault must not be reported as a separate crime as long 

as it was performed in furtherance of the robbery. However, if the 

injury results in death, a homicide offense must be reported. 

Armed robbery includes incidents commonly referred to as 

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

are robbery offenses 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 in Chapter 7.) Robberies wherein only personal weapons 

such as hands, fists and feet, 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 which, although 

not usually thought of as a weapon, becomes one in the commission 

of a crime. Classify crimes involving pretended weapons or those in 

which the weapon is not seen by the victim, but the robber claims to 

possess one, as Armed Robbery. Should an immediate on-view 

arrest provide that there is no weapon involved, classify the offense 

as Strong-Armed Robbery. 

Guard against using the public’s terminology, such as 

“robbery of an apartment” or “safe robbery” when classifying a 

robbery offense, inasmuch as the public is referring to a burglary 

situation. 

In analyzing Robbery, the following subheadings are used: 

• Firearm. Include robberies in which any firearm is used 

as a weapon or employed as a means of force to threaten 

the victim or put the victim in fear. Attempts are included 

in this category.

• Knife or cutting instrument. Include robberies in which 

a knife, broken bottle, razor, ice pick or other cutting or 

stabbing instrument is employed as a weapon or as a 
Chapter 3–Knowing What to Disclose 

31 

means of force to threaten the victim or put the victim in 

fear. Attempts are included in this category.

• Other dangerous weapon. Include robberies in which a 

club, acid, explosive, brass knuckles, Mace, pepper spray 

or other dangerous weapon is employed or its use is 

threatened. Attempts are included in this category.

• Strong-arm—hands, fists, feet, etc. Include muggings 

and similar offenses in which only personal weapons such 

as hands, arms, feet, fists and teeth are employed or their 

use is threatened to deprive the victim of possessions. 

In the absence of force or threat of force, as in pocket-picking 

or purse-snatching, the offense must be classified as Larceny–Theft 

rather than robbery. However, if in a purse-snatching or other such 

crime, force or threat of force is used to overcome the active 

resistance of the victim, the offense must be classified as Strong-Arm 

Robbery. 

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, those present at the robbery, or 

the number of offenders when counting this crime. 

Example of Robbery

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 asked to hand over their wallets. The students comply, 

and the three armed men leave without harming the students. This is classified 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. 

The UCR considers a weapon to be a commonly known 

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

not usually thought of as a weapon, becomes one in the commission 

of a crime. 

The categories of Aggravated Assault include assaults or 

attempts to kill or murder; poisoning; assault with a dangerous or 

deadly weapon; maiming; mayhem; assault with explosives; and 

assault with disease (as in cases when the offender is aware that 

he/she is infected with a deadly disease and deliberately attempts to 
Chapter 3–Knowing What to Disclose 

32 

inflict the disease by biting, spitting, etc.). 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 are classified as 

Aggravated Assault. It is not necessary that injury result from an 

aggravated assault when a gun, knife or other weapon that could 

cause serious personal injury is used. 

Occasionally, it is the practice of local jurisdictions to charge 

assailants in assault cases with assault and battery, disorderly 

conduct, domestic violence or simple assault, even though a knife, 

gun or other weapon was used in the incident. This type of offense 

must be classified as Aggravated Assault. For all types of 

Aggravated Assault, count one offense per victim.

• Aggravated Assault—Firearm. Include all assaults in 

which a firearm of any type is used or is threatened to be 

used. Assaults with revolvers, automatic pistols, 

shotguns, zip guns, rifles, etc., are included in this 

category. 

• Aggravated Assault—Knife or Cutting Instrument. 

Include assaults wherein weapons such as knives, razors, 

hatchets, axes, cleavers, scissors, glass, broken bottles and 

ice picks are used as cutting or stabbing objects, or when 

their use is threatened.

• Aggravated Assault—Other Dangerous Weapon. 

Include assaults resulting from the use or threatened use of 

any object as a weapon in which serious injury does or 

could result. The weapons in this category include, but are 

not limited to: Mace, pepper spray, clubs, bricks, jack 

handles, tire irons, bottles or other blunt instruments used 

to club or beat victims. Attacks by explosives, acid, lye, 

poison, scalding, burnings, etc., are also included in this 

category. 

• Aggravated Assault—Hands, Fists, Feet, Etc.—

Aggravated Injury. Include only the attacks using 

personal weapons such as hands, arms, feet, fists and teeth 

that result in serious or aggravated injury. Consider the 

seriousness of the injury as the primary factor in 

establishing whether the assault is aggravated or simple. 

Classify the assault as aggravated if the personal injury is 

serious (broken bones, internal injures or stitches 

required). On the other hand, classify the offense as a 

simple assault if the injuries are not serious (abrasions, 

minor lacerations or contusions) and require no more than 

usual first-aid treatment. 
Chapter 3–Knowing What to Disclose 

33 

An Aid for Classifying Assaults 

Careful consideration of the following factors should assist in 

classifying assaults: 

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

weapon; 

• The seriousness of the injury; and 

• The intent of the assailant to cause serious injury. 

Often, the weapon used or the extent of the injury sustained 

will be the deciding factor in distinguishing aggravated from simple 

assault. In only a limited number of instances should it be necessary 

to examine the intent of the assailant. 

Prosecutorial policy in a jurisdiction must not dictate 

classification of an assault. Examine and classify assaults according 

to the standard UCR definitions, regardless of whether they are 

termed misdemeanors or felonies by local definitions. 

Aggravated assault is a troublesome crime to classify. 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. 

Examples of Aggravated Assault 

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

sorority off campus. Sarah grabbed a lacrosse stick and repeatedly beat Anne across the back with it, 

breaking several ribs. This is classified as one Aggravated Assault in the noncampus category. 

Scenario 2: Two students are involved in a fist fight in the laundry room in their dormitory. Both 

have head injuries and are treated at a hospital. This is classified as two Aggravated Assaults in both 

the on-campus category and in the on-campus student housing category. 

Scenario 3: Two students were involved in a physical altercation in a campus parking lot behind 

their dormitory. Brad pulled a canister of Mace from his pocket and sprayed Tim in the face, causing 

him severe burning and discomfort. Tim fled the scene and sought medical attention. This is 

classified as one on-campus Aggravated Assault, because Mace is considered a weapon. 

UCR State Program Bulletin 

99–1, Massachusetts, 

January 1999 
Chapter 3–Knowing What to Disclose 

34 

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

commit a felony or a theft. The UCR classifies offenses locally 

known 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 as Burglary. Count one offense per each distinct 

operation. 

The UCR’s definition of a structure includes, but is not limited 

to, the following: 

• Apartment, barn, cabin, church, condominium, dwelling 

house, factory, garage, house trailer or houseboat (used as 

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 is considered a 

structure. 

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

mobile units that are being used for recreational purposes are not 

considered structures. The UCR does not consider a telephone booth 

a structure. 

Burglaries of hotels, motels, lodging houses or other places 

where lodging of transients is the main purpose can present reporting 

problems to law enforcement. If a number of units under a single 

manager are burglarized and the offenses are most likely to be 

reported to the police by the manager rather than the individual 

tenants, the burglary must be reported as a single offense. Examples 

are burglaries of a number of rental hotel rooms, rooms in flop 

houses, rooms in youth hostels and units in a motel. 

If the individual living areas in a building are rented or leased 

to the occupants for a period of time that would preclude the tenancy 

from being classified as transient, then the burglaries would most 

likely be reported separately by the occupants. Such burglaries must 

be reported as separate offenses. Examples of the latter type of 

multiple burglary would be: the burglaries of a number of 

apartments in an apartment house; of the offices of a number of 

commercial firms in a business building; of the offices of separate 

professionals within one building; or of a number of rooms in a 

college dormitory. 

Unlike a residence hall, however, 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). The burglary of an academic structure 

It is 

important to 

remember that 

offenses must be 

classified 

according to UCR

definitions and 

not according 

to state or 

local codes. 
Chapter 3–Knowing What to Disclose 

35 

would be counted as one offense, regardless of the number of interior 

rooms entered or items stolen. 

Thefts from automobiles, whether locked or not; shoplifting 

from commercial establishments; and thefts from telephone booths, 

coin boxes, or coin-operated machines, are all classified as Larceny–

Theft offenses. If the area entered was one of open access, thefts 

from the area would not involve an unlawful trespass and would be 

classified as Larceny–Theft. A forcible entry or unlawful entry in 

which no theft or felony occurs, but acts of vandalism, malicious 

mischief, etc., are committed, is not classified as a burglary, provided 

investigation clearly established that the unlawful entry was for a 

purpose other than to commit a felony or theft. Of course, if the 

offender unlawfully entered the structure, a multiple offense exists, 

and you must classify the offense as a burglary. (Counting crimes in 

multiple offense incidents will be discussed in Chapter 7.) 

If a forcible or unlawful entry of a building is made to steal a 

motor vehicle, count the offense as a burglary, not motor vehicle 

theft. 

When a question arises as to whether a type of structure comes 

within the scope of the burglary definition, look to the nature of the 

crime and be guided by the examples set forth. If a question remains, 

contact CrimeHandbookQuestions@ed.gov. 

• Burglary–Forcible Entry. Include all offenses where 

force of any kind is used to unlawfully enter a structure 

for the purpose of committing a theft or felony. This 

definition applies 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. Also include in 

this category burglary by concealment inside a building 

followed by exiting the structure. 

• Burglary–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 and open or unlocked common basement areas 

in apartment houses where entry is achieved by someone 

other than the tenant who has lawful access. (Note that if 

the area entered was one of open access, thefts from the 

area would not involve an unlawful trespass and would be 

classified as Larceny. The Clery Act does not require an 

institution to disclose Larceny statistics.) 

Remember, 

if lawful entry 

cannot be 

proven, classify 

the crime as 

a burglary. 
Chapter 3–Knowing What to Disclose 

36 

• Burglary–Attempted Forcible Entry. Include those 

situations where a forcible entry burglary is attempted but 

not completed. Once the thief is inside a locked structure, 

the offense becomes a Burglary–Forcible Entry. Classify 

attempts to enter an unlocked structure as well as actual 

trespass to an unlocked structure as Burglary–Unlawful 

Entry–No Force. Only situations in which a thief has 

attempted to break into a locked structure are classified as 

Burglary–Attempted Forcible Entry. 

Examples of Burglary

Some of the following examples are adapted from FBI correspondence. Copies of the letters are 

provided in Appendix E. 

Scenario 1: A student living in an on-campus residence hall room with other students reports an item 

missing from his room. 

Scenario 2: When a resident, having lawful access to a structure, takes an item from another 

resident, the proper classification would be Larceny–Theft. You are not required to include this in 

your Clery Act statistics. If a person, other than a resident, enters an unlocked structure (room), or 

one where the door was left open, the proper classification would be burglary. If force of any kind is 

used to unlawfully enter a structure for the purpose of committing a theft or felony, this is classified 

as Burglary. 

Scenario 3: If housekeeping and maintenance personnel who have keys and are authorized to gain 

access only for maintenance tasks, enter a room not on the maintenance schedule and steal an item, 

classify the offense as Burglary. 

Scenario 4: Generally, if an item is missing from a structure, and if the individual who took the item 

is unknown, and if the investigating officer has exhausted all avenues leading toward the offense of 

Larceny–Theft, the proper classification is Burglary. Classify the offense as one on-campus Burglary 

and one on-campus residential facility Burglary. 

Scenario 5: 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. Classify this as five burglaries in both the on-campus category and on-campus student 

housing category. 

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

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

stolen vehicle. 

Motor Vehicle Theft includes the theft or attempted theft of a 

motor vehicle, which the UCR defines as a self-propelled vehicle that 

runs on land surface and not on rails: for example, sport utility 

vehicles, automobiles, trucks, buses, motorcycles, motor scooters, 
Chapter 3–Knowing What to Disclose 

37 

all-terrain vehicles and snowmobiles are classified as motor vehicles. 

This category does not include farm equipment, bulldozers, 

airplanes, construction equipment or 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, must not be classified as motor vehicle 

thefts. 

Classify as Motor Vehicle Theft all cases 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, which is discussed in Chapter 7). 

There are three categories of motor vehicles within this 

classification: 

• Autos. Include the thefts of all sedans, station wagons, 

coupes, convertibles, sport utility vehicles, minivans 

and other similar motor vehicles that serve the primary 

purpose of transporting people from one place to 

another. Automobiles used as taxis are also included. 

Some states allow a station wagon to be registered as a 

truck; however, licensing is not a determining factor. 

The UCR stipulates that a station wagon must be 

classified as an automobile. 

• Trucks and buses. Include the theft of those vehicles 

specifically designed (but not necessarily used) to 

transport people and cargo. Pickup trucks and cargo 

vans, regardless of their uses, are included in this 

category. The UCR considers a self-propelled motor 

home to be a truck. 

• Other vehicles. Include all other motor vehicles that 

meet the UCR definition, such as snowmobiles, 

motorcycles, motor scooters, trail bikes, mopeds, golf 

carts, all-terrain vehicles and motorized wheelchairs. If 

you are uncertain whether to classify an incident as 

Motor Vehicle Theft, we encourage you to contact law 

enforcement. 
Chapter 3–Knowing What to Disclose 

38 

Note that Motor Vehicle Theft does not include thefts from

motor vehicles. Theft from a motor vehicle is Larceny, which is not 

a Clery Act crime. 

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. This is classified as one Motor Vehicle Theft on campus. 

Scenario 2: A car stereo and CDs are reported stolen from a car parked along a city-owned street on 

campus. Do not include this crime, 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 remote classroom five miles from 

campus. Do not include this crime, because it occurred on public property outside 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. 

Report as Arson only fires determined through investigation to 

have been willfully or maliciously set. Attempts to burn are included 

in this offense, but fires of suspicious or unknown origins are not. 

Note that Arson is the only Clery Act offense that must be 

investigated before it can be included in the statistics. One offense 

should be counted for each distinct Arson operation originating 

within the reporting jurisdiction. If Arson is perpetrated in one 

locale and spreads to another, the jurisdiction in which the fire 

originated must report it. 

Arson–Structural 

This crime category includes: 

• Single occupancy residential (houses, townhouses, 

duplexes, etc.); 

• Other residential (apartments, tenements, flats, hotels, 

motels, inns, dormitories, boarding houses, etc.); 

• Storage (barns, garages, warehouses, etc.); 

• Industrial/manufacturing; 

• Other commercial (stores, restaurants, offices, etc.);
Chapter 3–Knowing What to Disclose 

39 

• Community/public (churches, jails, schools, colleges, 

hospitals, etc.); and 

• All other structures (out buildings, monuments, buildings 

under construction, etc.). 

In classifying the object of an arson as structural, use the 

guidelines for defining structures set forth in the discussion of 

burglary in this handbook. A house trailer or mobile unit that is 

permanently fixed as an office, residence, or storehouse must be 

considered structural property. 

Arson–Mobile 

This crime category includes: 

• Motor vehicles (automobiles, trucks, buses, motorcycles, 

etc.); and 

• Other mobile property (trailers, recreational vehicles, 

airplanes, boats, etc.). 

Motor vehicles by UCR definition must be self-propelled and 

run on land surface and not on rails: for example, sport utility 

vehicles, automobiles, trucks, buses, motorcycles, motor scooters, 

all-terrain vehicles and snowmobiles are classified as motor vehicles. 

Arson–Other 

The Arson–Other subcategory encompasses Arson of all 

property not classified as structural or mobile. Willful or malicious 

burnings of property such as crops, timber, fences, signs and 

merchandise stored outside structures are included in this category. 

Cautions in Classifying Arson 

Key to properly classifying arson is establishing the point of 

origin of a fire. If an individual willfully burns a vehicle parked 

adjacent to a home, and the fire subsequently spreads to and destroys 

the home, the appropriate Arson subcategory would be Mobile–

Motor Vehicle. In cases where the point of origin is undetermined, 

or in instances of multiple points of origin, report the structural, 

mobile or other category of property that suffered the greatest fire 

damage. 

Incidents in which persons are killed as a direct result of 

Arson are classified as both Criminal Homicides and Arson. 

Similarly, the number of persons severely injured during an Arson 
Chapter 3–Knowing What to Disclose 

40 

must be reported as Aggravated Assaults along with the Arson. 

When multiple reportable offenses are committed during the same 

distinct operation as the Arson offense, the most serious offense is 

reported along with the Arson. 

Examples of Arson

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

residence hall room. Include both one Murder and Non-Negligent Manslaughter and one Arson in 

both the on-campus category and the on-campus student housing category. 

Scenario 2: A suspicious fire is reported in a campus academic building, but no evidence of Arson is 

found. Do not include this incident in your annual security report. 

Hate Crimes 

Your institution must include, by geographic location and by 

category of prejudice, any of the aforementioned offenses, and any 

other crime involving bodily injury reported to local police agencies 

or to a campus security authority, that manifests evidence that the 

victim was intentionally selected because of the perpetrator’s bias. 

Note that unlike the previously discussed offenses, “any other crime 

involving bodily injury” is not a UCR term. Include in this category 

all applicable crimes with the exception of Aggravated Assault 

(Aggravated Assault is a separate crime category). The categories of 

bias are: 

• 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, whites). 

• Gender. A preformed negative opinion or attitude toward 

a group of persons because those persons are male or 

female. Gender bias is also a Clery Act-specific term, not 

found in the FBI’s Hate Crime Data Collection 

Guidelines.

• 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).

Hate Crimes cite 

34 CFR 668.46(c)(3) 
Chapter 3–Knowing What to Disclose 

41 

• Sexual orientation. A preformed negative opinion or 

attitude toward a group of persons based on their sexual 

attraction toward, and responsiveness to, members of 

their own sex or members of the opposite sex (e.g., gays, 

lesbians, heterosexuals).

• Ethnicity/national origin. A preformed negative opinion 

or attitude toward a group of persons of the same race or 

national origin who share common or similar traits, 

languages, customs and traditions (e.g., Arabs, 

Hispanics).

• Disability. A preformed negative opinion or attitude 

toward a group of persons based on their physical or 

mental impairments/challenges, whether such disability is 

temporary or permanent, congenital or acquired by 

heredity, accident, injury, advanced age or illness.

Classifying a crime as a Hate Crime is sometimes difficult. 

The Clery Act regulations require institutions to classify hate crimes 

according to the FBI’s Uniform Crime Reporting Hate Crime Data 

Collection Guidelines and Training Guide for Hate Crime Data 

Collection. The following information taken from those publications 

should be useful in guiding you. 

1. While there are many additional types of bias, the types of 

bias motivation to be disclosed for Clery Act purposes are 

limited to the six aforementioned types. 

2. 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 simple 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 and/or ethnicity/ 

national origin. For example, the victim was black and 

the offender was white. 

b. Bias-related oral comments, written statements or 

gestures were made by the offender which indicate 

his/her 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.

Remember, 

that you must 

also disclose any

crime involving 

bodily injury that 

is a Hate Crime. 
Chapter 3–Knowing What to Disclose 

42 

d. Certain objects, items or things which indicate bias 

were used. For example, the offenders wore white 

sheets with hoods covering their faces or a burning 

cross was left in front of the victim’s residence. 

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

disability, sexual-orientation or ethnic/national origin 

group which is overwhelmingly outnumbered by other 

residents in the neighborhood 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 

neighborhood, and becomes less and less significant as 

time passes without incident). 

f. The victim was visiting a neighborhood where 

previous hate crimes were committed against other 

members of his/her racial, religious, disability, sexualorientation or ethnic/national origin group, and where 

tensions remained high against his/her group. 

g. Several incidents occurred in the same locality at or 

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

same race, religion, disability, sexual orientation or 

ethnicity/national origin. 

h. A substantial portion of the community where the 

crime occurred perceived that the incident was 

motivated by bias. 

i. The victim was engaged in activities promoting his/her 

race, religion, disability, sexual orientation or 

ethnicity/national origin. For example, the victim was 

a member of the NAACP or participated in gay rights 

demonstrations. 

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

particular significance relating to a race, religion, 

disability, sexual orientation or ethnicity/national 

origin (e.g., Martin Luther King Day, Rosh Hashanah). 

k. The offender was previously involved in a similar 

Hate Crime or is a hate group member. 

l. There were indications that a hate group was involved. 

For example, a hate group claimed responsibility for 

the crime or was active in the neighborhood. 

m. An historically established animosity existed between 

the victim’s and the offender’s groups. 
Chapter 3–Knowing What to Disclose 

43 

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

racial, religious, disability, sexual-orientation or 

ethnic/national origin group, was a member of an 

advocacy group supporting the precepts of the victim 

group. 

Cautions

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

The aforementioned factors are not all-inclusive of the 

types of objective facts which evidence bias 

motivation. Therefore, examine each case for facts 

which clearly provide evidence that the offender’s bias 

motivated him/her to commit the crime. 

• Misleading facts. Be alert to misleading facts. For 

example, the offender used an epithet to refer to the 

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

same race. 

• Feigned facts. Be alert to evidence left by the 

offenders which is meant to give the false impression 

that the incident was motivated by bias. For example, 

students of a religious school, hoping that they will be 

excused from attending class, vandalize their own 

school, leaving anti-religious statements and symbols 

on its walls. 

• Offender’s mistaken perception. Even if the 

offender was mistaken in his/her belief that the victim 

was a member of a racial, religious, disability, sexualorientation or ethnic/national origin group, 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 gay rights 

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. 

3. Knowing that a perpetrator is prejudiced is not enough to 

classify a crime as a Hate Crime. There must be evidence 

that the perpetrator was motivated by that prejudice to 

commit the crime. 

4. It is the perception of the perpetrator, not the perception of 

the victim, that determines whether a crime is classified as 

a Hate Crime. 
Chapter 3–Knowing What to Disclose 

44 

5. The FBI does not consider rape to be a Hate Crime unless 

there is clear evidence of bias. 

6. Do not classify arrests or disciplinary referrals for illegal 

weapons possession or drug or liquor law violations as 

hate crimes. 

7. Institutions without a campus police department are 

encouraged to seek guidance from local police for 

classifying crimes as hate crimes. 

Arrests or Disciplinary Referrals for Illegal Weapons 

Possession and Substance Law Violations 

In addition to disclosing statistics for the aforementioned 

offenses, the Clery Act requires institutions to disclose both the 

number of arrests and the number of persons referred for disciplinary 

action for: 

1. Illegal weapons possession; 

2. Drug law violations; and 

3. Liquor law violations. 

It’s important to remember that you are to disclose violations

of the law resulting 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, that statistic should not be included in your 

institution’s crime statistics, because the referral was not the result of 

a violation of the law. 

Because state laws and local ordinances vary widely, you will 

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, count the arrest only. (Counting offenses, 

arrests and the number of persons referred for disciplinary action will 

be discussed in detail in Chapter 7.) 

Arrests and referrals cite 

34 CFR 668.46(c)(viii) 

(A)&(B) 
Chapter 3–Knowing What to Disclose 

45 

Arrest for Clery Act purposes is defined as persons processed 

by arrest, citation or summons. Include: 

• 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. 

Do not count arrests of incidents in which: 

- Police contact a juvenile who has committed no 

offense; and 

- Police take a juvenile into custody for his or her 

own protection, but no crime was committed. 

• Not only should “arrests” in the usual sense be included, 

but also 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. 

Include only violations by young persons where some police 

or official action is taken beyond a mere interview, warning or 

admonishment. Additionally, call backs or follow-up contacts with 

young offenders by officers for the purpose of determining their 

progress must not be counted as arrests. 

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 kept and which may result in the imposition of a sanction. 

To satisfy this definition, it is not sufficient for a person 

simply to be referred for disciplinary action. The official receiving 

the referral must initiate a disciplinary action, and a record of that 

action must be kept. It is not necessary that the referral originate 

with the police, nor is it necessary that a sanction be imposed. Note 

that if your institution calls this process “mediation” (or uses some 

other term), as long as the process fits the above definition, it is 

counted as referred for disciplinary action. 
Chapter 3–Knowing What to Disclose 

46 

Example of Referral 

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 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 some of them had not been drinking. Those students are not charged. Judicial Affairs 

initiates disciplinary action against the students who were drinking and keeps a record of the action. 

Only the number of students involved in the disciplinary action is included in your Clery Act

statistics. 

You are to count the number of arrests and the number of 

persons referred for disciplinary action. For example, if a single 

incident involving liquor law violation resulted in the arrest of 10 

students, this counts as 10 arrests for Clery Act purposes. 

1. Illegal Weapons Possession 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. Include in this classification: 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; and attempts to commit any of the above. 

Examples of Arrests for Illegal Weapons Possession 

Scenario 1: A student is cited for having a firearm in his or her residence hall room in violation of 

state law. This is classified as one arrest for Illegal Weapons Possession in the on-campus category 

and in the on-campus student housing category. 

Scenario 2: A faculty member is referred for disciplinary action for having a firearm in his or her 

office in violation of school policy, but in a state without a law against possessing a firearm on 

campus. Do not disclose this referral, because no violation of the law occurred. 
Chapter 3–Knowing What to Disclose 

47 

2. Drug Law Violations. This is 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 which can 

cause true addiction (Demerol, methadone); and dangerous nonnarcotic drugs (barbiturates, Benzedrine). 

Examples of Arrests for Drug Law Violations 

Scenario 1: Three students are referred for disciplinary action for possessing marijuana in a 

residence hall room. This is classified as three persons Referred for Disciplinary Action for Drug Law 

Violations in the on-campus category and in the student housing on-campus category. 

Scenario 2: Two non-students are arrested during an on-campus football game for possession of 

cocaine. This is classified as two on-campus arrests for Drug Law Violations. 
Chapter 3–Knowing What to Disclose 

48 

3. Liquor Law Violations. This is 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. Include 

in this classification: the manufacture, sale, transporting, 

furnishing, possessing, etc., of intoxicating liquor; maintaining 

unlawful drinking places; bootlegging; operating still; furnishing 

liquor to a minor or intemperate person; underage possession; using 

a vehicle for illegal transportation of liquor; drinking on train or 

public conveyance; and attempts to commit any of the above. 

Examples of Arrests and Referrals for Liquor Law Violations 

Scenario 1: Three underage students and a non-student are found in a residence hall room, and all 

are drinking alcohol in violation of state law. The students are Referred for Disciplinary Action, while 

the non-student is given a written citation. This is classified as three persons referred for Liquor Law 

Violation disciplinary actions in both the on campus category and in the on campus student housing 

category as well as a single arrest for Liquor Law Violation in the on-campus category and in the oncampus student housing 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. This is classified 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 oncampus fraternity house on a “dry” campus. Do not include this, because no violation of the law 

occurred. 

Scenario 4: A dozen students are cited for underage drinking by campus police at a popular offcampus bar. Do not include these violations, as they occurred on private property off campus. 

Remember, these offenses, arrests and 

disciplinary referrals must be collected 

and disclosed by location if they 

occurred within the geographic 

locations discussed in Chapter 2 (on 

campus, in dormitories or other 

residential facilities for students on 

campus, in or on a noncampus 

building or property, and on public 

property). 

Drunkenness 

and driving 

under the 

influence are 

not Liquor Law 

Violations. 
49 

Where Do You Get CHAPTER 4

All of This Information? 

Collecting Crime Data

y now it should be clear to you that you can’t do this alone. 

You need to identify all of those individuals from whom crime 

reports should be collected. 

The Clery Act mandates that institutions must disclose 

statistics both for crimes reported to local police agencies and crimes 

reported to campus security authorities. The intent of including nonlaw enforcement personnel as campus security authorities is to 

acknowledge that many individuals, and students in particular, are 

hesitant about reporting crimes to the police, but may be more 

inclined to report incidents to other campus-affiliated individuals. In 

any case, you must identify campus security authorities, and you 

must inform them of their responsibility for Clery Act reporting. In 

addition, you must identify local police agencies responsible for the 

jurisdiction where your institution is located and request statistics 

from them. We’ll begin with campus security authorities. 

The Clery Act regulations define a campus security 

authority as: 

• A member of a campus police department or a campus 

security department of an institution. 

• 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). 

• 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. 

• An official of an institution who has significant 

responsibility for student and campus activities, including, 

but not limited to, student housing, student discipline and 

B 

Campus security authority 

cite 

34 CFR 668.46(a) 

definitions 

Identify 

all of those 

individuals 

from whom 

crime reports 

should be 

collected. 
Chapter 4–Where Do You Get All of This Information? 

50 

campus judicial proceedings. An 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, a list of specific titles is not provided in 

the regulations. To determine specifically which individuals or 

offices are campus security authorities for your institution, consider 

the function of that individual or office. Your institution should 

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. 

For example, a dean of students who oversees student housing, 

a student center or student extracurricular activities has significant 

responsibility for student and campus activities. Similarly, a director 

of athletics, a team coach and a faculty advisor to a student group 

also have significant responsibility for these activities. Students 

may, in some cases, be considered campus security authorities (e.g., 

resident advisors/assistants, students who monitor access to 

dormitories). 

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, clerical staff and cafeteria staff. A physician 

in a campus health center or a counselor in a counseling center 

whose only responsibility is to provide care to students is unlikely to 

have significant responsibility for student and campus activity. 

The function of a campus security authority is to report to the 

appropriate law enforcement personnel, either campus police or local 

police, or to an official or office designated by the institution, those 

allegations of Clery Act crimes that he or she concludes are made in 

good faith. (See Chapter 3 for an explanation of “good faith.”) A 

campus security authority is not responsible for determining 

authoritatively whether a crime took place—that is the function of 

law enforcement personnel. 

For example, if a resident assistant who has been identified as 

a campus security authority is told by a fellow student that she has 

been raped and is seeking emotional and medical support, the 

resident assistant should report this as a crime. It is reported 

regardless of whether the victim chooses to file a report with law 

enforcement or press charges. 
Chapter 4–Where Do You Get All of This Information? 

51 

Certain individuals who have significant responsibility for 

student and campus activities are exempted from disclosing 

information: 

• 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 his or her 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. 

To be exempt from disclosing reported offenses, pastoral or 

professional counselors must be acting in the role of pastoral or 

professional counselors. This means that 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. 

An individual who is not yet licensed or certified as a 

counselor, but is acting in that role under the supervision of an 

individual who meets the definition of a counselor, is considered to 

be a counselor for the purposes of the Clery Act. An example would 

be a Ph.D. counselor-trainee acting under the supervision of a 

professional counselor at the institution. 

Because campus security authorities play an important role in 

Clery Act compliance, we recommend the following: 

• Annually notify all appropriate individuals or offices in 

writing that they are campus security authorities and 

explain what is required of them. (See sample letter to 

campus security authorities following this section.) 

• Provide training so that campus security authorities can be 

instructed what to do when a crime is reported to them. 

Emphasize the importance of the campus security 

authority’s role in providing crime reports on an 

immediate basis to the individual or office responsible for 

issuing timely warnings. (Crimes subject to timely 

warnings are discussed in Chapter 5.) 

Campus security authority 

exemptions cite 

34 CFR 668.46(a) 

definitions 
Chapter 4–Where Do You Get All of This Information? 

52 

• Provide all campus security authorities with definitions of 

Clery Act crimes and geographic locations, as well as an 

explanation of the types of arrests and Referrals for 

Disciplinary Action that apply to the Clery Act. Provide 

them with Incident Report forms as well. Good recordkeeping can help minimize the chances of the double 

reporting of crimes. 

• Designate one individual or office to oversee campus 

security authorities and to be responsible for canvassing 

these individuals and offices and collecting and reviewing 

crime reports for inclusion in the annual security report 

and the Web-based report to ED. The obligation to collect 

crime reports made to campus security authorities belongs 

to the institution. That is, even if a campus security 

authority does not forward a crime report to the 

appropriate individual or office, the institution is 

responsible for ensuring that the crime report is disclosed 

in the annual security report and the Web-based report to 

ED. 

Sample Letter to Campus Security Authorities 

Purpose: This memorandum is intended to notify Campus Security Authorities, as that term is used 

in regulations implementing the Campus Security Act, of their obligation to report crimes for 

inclusion within the Annual Security Report. This memorandum should be sent annually, on or about 

the start of the fall semester, and immediately upon the appointment of any individual to a position as 

a campus security authority (e.g., a copy of this memorandum should be sent to anyone appointed as 

a faculty advisor to a student organization). A copy of the memo should be placed in each recipient’s 

personnel file. Please complete the date before sending the memo. One copy of an Incident Report 

form should be sent along with each memo. 

Memorandum

To: Distribution List (“Campus Security Authorities”) 

From: _________________, President 

Date: 

Re: Crime Reporting Requirements 

 Recent amendments to the Campus Security Act, a federal law that requires colleges and universities to 

annually compile and publish crime statistics for their campuses and certain other areas, require that “campus 

security authorities” report crime statistics for inclusion in the college’s Annual Security Report. If you are 

listed below in the distribution list, then you are a “campus security authority” as that term has been defined by 

the United States Department of Education. “Campus security authorities” include faculty advisors to student 

organizations, athletic team coaches, members of the security department, the Dean of Student and Instructional 

Support Services, the Dean of Financial and Administrative Services, the Dean of the Leonardtown Campus, the 

Dean of the Prince Frederick Campus, the Director of Student Life, and the Coordinator of Intramural and 

Intercollegiate Athletics. 

(continued on next page) 
Chapter 4–Where Do You Get All of This Information? 

53 

 (continued from previous page) 

 Because of the law’s complex reporting requirements, the most reasonable and effective way to manage the 

reporting is as follows. If you observe any crime listed below, or if any person reveals to you that he/she learned of 

or were the victim of, perpetrator of, or witness to any crime listed below, immediately complete an Incident Report 

form and, as indicated on the bottom of the form, send copies to the Dean of Financial and Administrative Services 

and to the Facilities department. This applies to crimes on any of the four college campuses (LaPlata, Leonardtown, 

Prince Frederick, and Waldorf), public property adjacent to each of those campuses and locations at which other 

college activities are taking place. Please ensure that you complete all information on the form based on the 

information you possess. Please do not investigate the crime or attempt to determine whether a crime, in fact, took 

place. Simply make the report. Appropriate college personnel may later contact you or others to gather additional 

information. A copy of the Incident Report form is enclosed with this Memorandum. Additional forms may be 

obtained from the Central Supply Office (BI021, ext. 7741) 

Crimes that should be reported are: 

 Murder and non-negligent manslaughter 

 Negligent manslaughter 

 Forcible sex offenses 

 Non-forcible sex offenses 

 Robbery 

 Aggravated assault 

 Burglary 

 Motor vehicle theft 

 Arson 

 All hate crimes involving bodily injury 

 All liquor, drug or weapons law violations resulting in an arrest 

 If you are in doubt as to whether a crime is reportable, please err on the side of reporting the matter. With 

the exception of liquor, drug and weapons law violations, it is immaterial whether an arrest is made. For purposes of 

your reporting, please assume that a hate crime is any crime manifesting evidence that the victim was selected 

because of the victim’s actual or perceived race, religion, sexual orientation, gender, ethnicity/national origin, or 

disability. 

 If you have any questions regarding reporting obligations, please contact (name deleted), Assistant to the 

President/General Counsel, at extension 7643. Thank you for your assistance in fulfilling these federal requirements. 

Enclosure (Incident Report form) 

Distribution: (list names) 

Can you identify your institution’s 

campus security authorities? 

Remember that they are identified 

by their function (i.e., whether the 

individual or office has significant 

responsibility for student and 

campus activities). 
Chapter 4–Where Do You Get All of This Information? 

54 

Obtaining Statistics From Local Police Agencies 

The Clery Act requires that an institution make a reasonable, 

good-faith effort to obtain the required statistics and may rely on the 

information supplied by a local or state police agency. If the 

institution makes such a reasonable, good-faith effort, it is not 

responsible for the failure of the local or state police agency to 

supply the required statistics. 

The Clery Act does not require local police agencies to 

provide crime statistics to institutions. This is the reason for the 

good-faith effort on behalf of institutions to obtain the statistics. The 

phrase “may rely on” means that an institution is not required to 

verify the accuracy of the statistics that are provided. 

The Clery Act requires the use of UCR definitions when 

disclosing crimes, but not all police agencies use these definitions. If 

you are provided with statistics that are not classified according to 

UCR definitions, we recommend that the statistics be converted to 

UCR classifications, or that you include the statistics with an 

explanation that UCR classifications were not used for crimes 

reported to local police. 

In some situations, local police 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 city 

or they may include statistics for private residences and businesses. 

In cases such as these, we suggest that you omit the local police 

statistics but provide a statement explaining that local police could 

not provide a statistical breakdown appropriate for Clery Act

reporting. 

If the local police do not comply with your request to provide 

you with statistics, document this. Be sure to retain any written 

correspondence to and from the police agencies. 

How do you obtain statistics from local police? The Clery 

Act requires you to make a good-faith effort to obtain statistics from 

the local police department, but does not specify how to go about 

doing this. For those individuals who are not experienced in these 

matters, the following are suggestions to help you obtain the required 

information: 

1. Determine the correct local police authorities for your 

institution’s jurisdiction. It’s vital that you request 

statistics from every agency in your institution’s 

jurisdiction. 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. 

Local police statistics cite 

34 CFR 668.46(c)(9) 
Chapter 4–Where Do You Get All of This Information? 

55 

Call that agency, and ask to speak with a supervisor or 

administrator. 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. You will need to provide 

addresses of any noncampus buildings or property as well. 

For each agency you then contact, inquire about their 

authority. Some agencies in your jurisdiction may only 

provide court security, administer the jail, transport 

prisoners, serve papers, etc. 

2. Determine who to contact at each applicable agency. A 

supervisor or public affairs office is always a good place 

to start. They should be able to direct you to the 

appropriate person. 

3. Determine when to contact. Early in the year is best 

because the agencies will need time to collect the 

information. 

4. Document that you have made a good-faith effort to 

obtain the statistics. We suggest that you write a letter 

annually (on your institution’s official letterhead, if 

possible) describing all of the following: 

a. What you need. You need the required statistics by 

Clery Act geographic locations including hate crimes 

by category of prejudice for the calendar year for 

which you are compiling the statistics. Be very 

specific about what constitutes public property for 

Clery Act reporting purposes. 

b. Why you need it. The information is required by the 

Clery Act for disclosure in the annual security report 

and the report to ED. 

c. The format in which you need it provided—in 

writing (either paper or electronic version). Ask for 

crimes to be provided using UCR classifications. If 

UCR classifications are not used, ask what 

classifications were used (e.g., state crime 

classifications). 

d. When you need it. You must request statistics from 

the local and state police at least annually. Give the 

police a deadline for providing the statistics to ensure 

inclusion in your statistical disclosures. 

e. Where it should be sent. Provide your institution’s 

mailing or e-mail address. 

f. To whom it should be sent. Provide the name and 

title of the person who is responsible for collecting 

these data. 
Chapter 4–Where Do You Get All of This Information? 

56 

If you make a phone call asking for this information, we 

suggest that you follow up with a letter for the purpose of 

documentation. Keep a copy of the letter requesting the required 

Clery Act statistics from the police agency. Also document any 

response from the police agency. 

If your institution has a branch campus in a foreign country, 

the institution is required to make a good-faith effort to obtain 

statistics from the local police authorities. Again, carefully document 

your request and any response. 
Chapter 4–Where Do You Get All of This Information? 

57 

Sample Request for Statistics from Local Police

[Date] 

[Commanding Officer of Local Police Agency] 

[Name and address of Local Police Agency] 

Dear [__________]: 

I would like to request crime statistics for the locations described below for the 2004 calendar year. Pursuant to 

the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”), 

the [name of campus] is required to annually compile and publish crime statistics. This annual report must 

include statistics of specified crimes reported to local police agencies that occurred on or near campus and on 

University controlled or affiliated property. The criminal offenses that the campus is required to report are the 

following offenses as defined by the FBI Uniform Crime Report (sex offenses are defined using the UCRNational Incident-Based Reporting System): murder/non-negligent manslaughter; negligent manslaughter; 

forcible sex offenses; nonforcible sex offenses; robbery; aggravated assault; burglary; motor vehicle theft; and 

arson. In addition, I need statistics concerning any of the above crimes that manifest evidence of a hate crime, in 

addition to other crimes that involve bodily injury that also manifest evidence of a hate crime. Hate crimes are 

those crimes that manifest evidence that the victim was intentionally selected because of the victim’s race, 

gender, religion, sexual orientation, ethnicity/national origin or disability. 

[Name of school] is also required to request statistics for arrests for these categories only: liquor law violations, 

drug law violations, and illegal weapons possession. Please provide these statistics for each category 

separately. 

Pursuant to the Clery Act, the campus is required to report these crimes separately for a number of geographic 

locations. These locations include the main campus, on-campus student residential facilities, off campus 

buildings or property that is owned or controlled by the University, or a recognized student organization such as 

a fraternity, and public property immediately adjacent to the main campus. 

Therefore, I respectfully request the required statistics for the following locations: 

• [main campus] 

• [addresses of off campus property owned or controlled by an officially recognized student organization] 

• [other off campus property owned or controlled by the University and used in relation to the University’s 

educational purposes, is frequently used by students, and is not within the same reasonably contiguous 

geographic area of the institution; e.g., property leased or owned by the University in the community 

surrounding the campus] 

• [public property within or immediately adjacent to and accessible from the campus] 

I have enclosed a “Crime Statistic Report Form” and “Sexual Offense Statistic Report Form” that are provided 

to campus officials required to comply with the same statistical reporting obligations we are requesting of you. I 

hope these forms further clarify the information that I am requesting of you. 

I very much appreciate your cooperation in assisting us in complying with this federal law. If you have any 

questions or wish to further discuss this request, please contact me at [phone number]. 

Sincerely, 

[Chief of Campus Police Department]
58 

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Section 3: 

Ongoing Disclosure 

Requirements 

here are two distinct, ongoing Clery Act requirements discussed in this 

section of the handbook. Each is intended to keep the campus 

community, and any other interested individuals, apprised of crime on an 

everyday basis. 

Chapter 5 discusses the timely warning component of Clery Act

compliance. Chapter 6 provides instructions for keeping a daily crime log. 

T 
This page intentionally left blank. 
61 

Alerting Your Campus CHAPTER 5

to Threats: The Timely 

Warning

ll of us want to be alerted to potentially dangerous situations 

near our homes or workplaces so that we can take appropriate 

precautions. Apply this to a college campus, and you have the 

concept of the “timely warning.” In order to keep the campus 

community informed about safety and security issues on an ongoing 

basis, an institution must alert the campus community of certain 

crimes in a manner that is timely and will aid in the prevention of 

similar crimes. These crimes must include all Clery Act crimes

(remember Chapter 3?) that are: 

• Reported to campus security authorities or local police 

agencies; and 

• Are considered by the institution to represent a serious or 

continuing threat to students and employees. 

In addition to making timely warnings, an institution is 

required to have a timely warning policy (more about this in Chapter 

8). All Title IV institutions are subject to the timely warning 

regulation. There are no exceptions. 

Timely warnings can be issued for threats to property, as well 

as for threats to persons. It is irrelevant whether the victims or 

perpetrators are members of the campus community. The Clery Act

mandates timely warnings only for Clery Act crimes, but nothing in 

the Clery Act prohibits timely warnings for other crimes that may 

pose a serious or continuing threat to the campus community (e.g., 

kidnapping). While there is no requirement to do so, we recommend 

that your institution request that local police keep the institution 

informed on an immediate basis of crimes that may require timely 

warnings. This request may be made as part of your annual letter to 

police requesting crime statistics. 

By now you are probably asking, “What do you mean by 

‘timely’?” and “How do you expect me to alert everyone?” Neither 

the Clery Act nor ED define “timely.” The warning should be issued 

as soon as the pertinent information is available because the intent of 

a timely warning is to alert the campus community of continuing 

A Timely warning cite 

34 CFR 668.46(e) 

All Title IV 

institutions 

are subject to 

the timely 

warning 

regulation. 

There are no 

exceptions. 
Chapter 5–Alerting Your Campus to Threats 

62 

threats especially concerning safety, thereby enabling community 

members to protect themselves. 

Although the format for the warning has not been mandated, 

the notice must be timely and reasonably likely to reach the entire 

campus community and aid in the prevention of similar crimes. 

Therefore, timely warnings must be issued in a manner that gets the 

word out quickly communitywide. They may be e-mailed, posted 

around campus, 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 the warning 

rests solely with the institution. 

Information to Be Included in the Warning 

Clery Act regulations do not specify what information should 

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. Your institution’s policy regarding timely warnings 

should specify what types of information will be included. 

Making the Decision to Issue A Timely Warning 

The issuing of a timely warning must be decided on a case-bycase basis in light of all the facts surrounding a crime, including 

factors such as the nature of the crime, the continuing danger to the 

campus community and the possible risk of compromising law 

enforcement efforts. We recommend that the institution meets 

beforehand with its security personnel and with local and state law 

enforcement authorities to discuss what is reasonable in terms of the 

timely reporting of crimes. Your institution’s policy on timely 

warnings should specify who or which office is responsible for 

issuing the warnings. 

Crimes Exempt From the Timely Warning Requirement 

An institution is not required to provide a timely warning for 

crimes reported to a pastoral or professional counselor. (See Chapter 

4 for definitions of pastoral and professional counselors.) There are 

no other exemptions. 

34 CFR 668.46(a) 

34 CFR 668.46(e)(2) 
Chapter 5–Alerting Your Campus to Threats 

63 

The Family Educational Rights and Privacy Act (FERPA) 

and the Timely Warning Requirement 

The Clery Act does not require confidential reporting of 

crimes. Although personally identifiable information is generally 

precluded from disclosure, this information may be released in an 

emergency situation. ED’s May 1996 Dear Colleague Letter on 

Campus Security Issues reads in part: 

FERPA does not preclude an institution’s compliance with the 

timely warning provision of the campus security regulations. 

FERPA recognizes that information can, in case of an 

emergency, be released without consent when needed to 

protect the health and safety of others. In addition, if 

institutions utilize information from the records of a campus 

law enforcement unit to issue a timely warning, FERPA is not 

implicated as those records are not protected by FERPA. 

It is imperative that your institution’s 

written policy describing timely 

warning procedures accurately reflects 

the timely warning report system 

currently utilized by your institution. 

34CFR. 99.31(b)(6) and 

99.36 

20 USC 1232g(b)(6) 
Chapter 5–Alerting Your Campus to Threats 

64 

 

Sample Timely Warnings

UWPD CAUTIONS STUDENTS ABOUT DATE RAPE DRUGS 

April 11, 2002

by (name deleted), chief, UW Police Department

The University of Wyoming Police Department received reports of two possible sexual assaults over 

the weekend of April 5. The circumstances of these assaults suggest the involvement of date rape 

drugs. 

In both cases, the victims reported symptoms consistent with the use of these substances: a rapid 

onset of intoxication out of proportion to what they may have had to drink, and reported memory loss. 

In one case the victim declined to pursue a criminal investigation, and the UW Police Department is 

actively investigating the other. 

The phenomenon of drugs being used to facilitate sexual assault has been widely reported across the 

country. Although no confirmed cases have previously been reported on-campus, the UW Police 

Department urges the Laramie community to be alert to the possibility and take steps to protect 

themselves. Date rape drugs, commonly Rohypnol, GHB, and Ketamine, can be slipped into an 

unsuspecting person's drink. Rapid and severe intoxication follows, along with dramatically reduced 

inhibitions and memory loss. In this condition, anyone can be extremely vulnerable to sexual assault. 

To protect yourself, do not leave drinks unattended and be wary of accepting drinks from people you 

do not know well. To be even more careful, make sure that you open and pour your own drink, and 

don't share drinks with others. It is also wise to use the buddy system while socializing - when you go 

out with friends, agree to keep an eye on one another and to go home together. If a friend starts to 

exhibit symptoms of date rape drug ingestion, seek medical help immediately. Signs to look for 

include: dizziness and/or nausea, memory loss, breathing or motion difficulties, and acting 

disproportionately intoxicated relative to the amount of alcohol consumed. 

The UW Police Department urges anyone who believes they or a friend have been the victim of a date 

rape drug to immediately contact their local law enforcement agency. On-campus, the UWPD can be 

reached at 766-5179. Victims of any form of sexual assault are encouraged to seek confidential 

support at the University Counseling Center, 340 Knight Hall, 766-2187. 
Chapter 5–Alerting Your Campus to Threats 

65 

JMU Case 2004-000668 

TIMELY NOTIFICATION BULLETIN 

Possible Threat to the Community 

"Your Right to Know" 

January 26, 2004 

In compliance with the "Timely Notice" provisions of the federal Jeanne Clery Disclosure of Campus 

Security Policy and Campus Crime Statistics Act of 1998 the University Police are giving notice of a 

disturbing act of violence reported to have occurred near the Tri-Sigma Sorority House, Greek Row/”Tree 

House” Residences, on the campus of James Madison University. 

REPORTED OFFENSE: Reported Assault & Battery, constituting a Forcible Sexual Offense, was 

reported to have occurred on the university’s residential area known as Greek Row at 

approximately 12:45a.m., early Saturday morning January 24, 2004. This location is on the campus 

of James Madison University just to the south of the Newman Drive railroad track crossing and the 

university’s power (steam) plant. 

SUSPECTS: Both described as “college” age males; race unreported; the first attacker of 

“average” build, approximately 5’10” in height, about 140 lbs.; wearing a black hooded garment 

and blue jeans; the second attacker shorter than the first, of “medium” build; wearing a grey 

hooded garment and blue jeans. 

The complainant reported that she was returning to her residence hall very early Saturday 

morning, unaccompanied. As she walked south along Greek Row she stated that two male subjects 

approached from behind and threw her to the ground. They then attempted to remove her clothing. 

Both subjects fled on foot after the victim screamed. 

It can be assumed that conditions continue to exist that may pose a threat to members and guests of the 

community. It is the duty of the institution to warn of possible "dangerous conditions" on or near its 

campus, and at affiliate organizations off campus; an "affirmative duty" exists to warn persons associated 

with this university of possible peril at the hands of some third party or parties. Consider carefully 

whether your presence at or near this complex while unaccompanied could place you in danger. 

Please forward this notice to your colleagues and post it on appropriate bulletin boards in your area. If 

you have any information that might be helpful in this investigation, contact the University Police by 

telephone at (540)568-6911; in person at Shenandoah Hall, Patterson and South Main; or, if you wish, 

anonymously through “Silent Witness,” at http://www.jmu.edu/pubsafety/silent.htm 
66 

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67 

Writing It All Down: CHAPTER 6

The Daily Crime Log 

oes your institution have a police department or security office 

(of any size) as described in Chapter 2 of this handbook? If 

you can answer “no” to this question, you may skip this chapter. 

Otherwise, read on. 

Any institution that has a campus police department or 

security office, regardless of size, must create, maintain and make 

available a daily crime log. This means that even if your institution 

has one police officer, the institution must comply with this 

regulation. The crime log differs from other Clery Act disclosure 

requirements in some important ways: 

• A crime is entered into the log when it is reported to the 

campus police or security department. That is, if a crime 

is initially reported to a campus security authority other 

than the campus police or security department, it is not 

recorded in the crime log unless it is subsequently brought 

to the attention of the campus police or security 

department. 

• Crime log entries include all crimes reported to the 

campus police or security department, not just Clery Act

crimes. 

• 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 are also entered into the 

crime log.

Many institutions are also required by state law to maintain a 

log. If your institution maintains such a log, you may use that same 

log providing it meets all Clery Act requirements. 

D 

Crime Log cite 

34 CFR 668.46(f) 
Chapter 6–Writing It All Down 

68 

The daily crime log is not a general, catch-all incident log. Its 

purpose is for recording alleged criminal incidents that are reported 

to the campus police or security department. For example, if a 

student reports losing his or her wallet in the parking lot behind a 

dorm, it is not a criminal incident, and there is no requirement to 

record it in the log. However, if a student reports that his or her 

wallet was stolen from the student’s dorm room, this is a criminal 

incident and your institution is required to record it in the log. 

Specific traffic violations to include, should they be reported, are 

driving under the influence (DUI), driving while intoxicated (DWI), 

hit-and-run (of a person), and vehicular manslaughter. Violations 

not considered to be “crimes” (i.e., citations for moving violations) 

are not required to be recorded. 

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. 

Sample Daily Crime Log 

Daily Crime Log 

Calendar Year 2003 

Nature 

(classification) Case Number Date/Time Reported 

Date/Time 

Occurred 

General 

Location Disposition 

Larceny 2003-0003 01/20/03 1505hrs 01/10/03 0800hrs Main Building Closed 05/24/03 

Vandalism 2003-00010 01/27/03 1231hrs 01/17 - 01/22/03 Cromer Bergman Closed 05/24/03 

Phone Calls/Profane 2003-00035 04/12/03 1937hrs 04/12/03 1930hrs Tinker Dorm Open 

Liquor Law Violation 2003-0040 04/23/03 0300hrs 04/23/03 0300hrs Dana/Moody Lot Judicial Referral 

Maintaining Your Log 

The sample log above is meant to be illustrative, not 

prescriptive. The law requires that logs be easily understandable and 

include specific categories of information. The example includes a 

column for case numbers, which is not required by law, but which 

aids in recording and tracking a crime report. You may include other 

data elements or columns in your crime log in keeping with state 

crime log requirements or internal campus security record-keeping 

procedures, but such additional information is not required by the 

Clery Act. 
Chapter 6–Writing It All Down 

69 

Required Information 

The Nature of the Crime 

The nature of the crime refers to 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 domestic encounter with student 

offender.” 

Use an easy-to-understand text definition as opposed to using 

a code, “agency assist,” or initials for the crime. It is acceptable to 

use state crime classifications (i.e., non-UCR classifications) for the 

crime log. 

The Date the Crime was Reported and 

The Date and Time It Occurred 

Remember, a crime is entered into the log by the date it was 

reported to the campus police or security department, regardless of 

how much time has passed since the crime was committed. 

However, you must include the date and time the crime occurred in 

the log. If the exact date and time of the crime are not known, a 

range can be used. 

The General Location of the Crime 

You must provide the general location of the crime. Use a 

description that will mean something to the campus community, such 

as a dorm name. Do not enter the location as “in a dormitory.” 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,” “judicial 

affairs,” or “criminal arrest.” 

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. A business day is Monday through 

Friday, except for days when the institution is closed. The only 

exceptions to this rule are: 

1. If the disclosure is prohibited by law; or 
Chapter 6–Writing It All Down 

70 

2. If the disclosure would jeopardize the confidentiality of 

the victim. 

a. If your institution is required to maintain a state crime 

log that requires the victims’ names to be listed, and 

that same log serves as your Clery Act crime log, 

names of crime victims must be redacted for public 

inspection. That is, the federal Clery Act regulations 

requiring that a disclosure may not jeopardize the 

confidentiality of the victim takes precedence over 

state crime log laws. 

Note that your institution is not required to update the 

disposition of a crime log entry after 60 days have passed. This 

means 60 days after the entry was made in the log—not 60 days after 

the crime occurred. 

An institution may temporarily withhold information in some 

cases. There must be 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 an adverse effect, but you must disclose such information once 

the adverse effect is no longer likely to occur. 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 a reported crime is investigated by law enforcement 

personnel, and they determine that a crime did not occur, the log 

should indicate that the disposition of the crime is “unfounded.” The 

report of the crime would not be included in your institution’s Clery 

Act statistical disclosures. 

Only sworn or commissioned law enforcement authorities that 

investigate the crime can make a determination that it is unfounded. 

A crime cannot be determined to be unfounded by a campus security 

authority other than a law enforcement authority. (See Chapter 7 for 

a more detailed discussion of unfounded crimes.) 
Chapter 6–Writing It All Down 

71 

Making Your Log Available 

Your institution may use either a hard copy log or an 

electronic format. Either format must be accessible on-site. That 

means, if you have separate campuses, the log must be available at 

each campus. The crime log for the most recent 60-day period must 

be open to public inspection, upon request, during normal business 

hours. Anyone may ask to see the log, whether or not they are 

associated with your institution. This includes the media. Any 

portion of the log that is older than 60 days must be made available 

within two business days of a request for public inspection. Your 

institution should provide students and employees with a description 

of the log, noting its location and availability. Crime logs must be 

kept for three years following the publication of the last annual 

security report to which they apply (in effect, seven years). See 

Chapter 10 for more information regarding records retention. 

The crime log itself is not submitted to ED, although you may 

be required to produce it during an audit or review. However, 

information from 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 report to ED (i.e., Clery Act

crimes occurring in the geographic locations described in Chapter 2 

of the handbook). 

Remember that criminal incidents 

reported to the campus police or 

security department must be entered 

into the log even if they are reported 

well past the time they occurred. 
72 

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Section 4: 

Annual Disclosure 

Requirements 

here are two major Clery Act requirements with which all institutions 

must comply on an annual basis—the annual security report and the 

Web-based data collection. We’ll begin with the annual security report, and 

finish with a walk-through of Web-based data collection. 

As stated in Chapter 2, the Clery Act mandates that all Title IV 

institutions, without exception, prepare, publish and distribute an annual 

security report. This report consists of two basic parts: 1) disclosure of your 

institution’s crime statistics for the past three years; and 2) disclosures 

regarding your institution’s current campus security policies. Because of the 

complexity of the task, we’ve divided the information you need into several 

chapters. Chapter 7 provides guidelines for how to count crimes for the 

statistical portion of the report. Chapters 8 and 9 address the required policy 

statements, and Chapter 10 explains how to disseminate the report. 

In addition, all Title IV institutions must complete a Web-based data 

collection each year. The data for this collection are taken from the 

statistical portion of your institution’s annual security report. Chapter 11 

guides you through the Web survey step-by-step and also provides you with 

help desk contact information. 

T 
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75 

Adding It All Up: CHAPTER 7

How to Count Clery Act Crimes

t’s important to understand how and when to count crimes, both 

to avoid double counting and to disclose data comparable to all 

other reporting institutions. All crimes are disclosed by the 

calendar year (Jan. 1 – Dec. 31) in which they were reported, 

regardless of the year in which they occurred. For example, if a 

crime that occurred in 2003 was not reported until 2004, you must 

include it with your 2004 disclosures. 

How Do You Count Crimes? 

Counting Offenses 

• Criminal Homicide—count one offense per victim.

- Disclose the number of murders and non-negligent 

manslaughters and the number of negligent 

manslaughters separately. 

• Sex Offenses—count one offense per victim.

- Disclose the number of forcible sex offenses and 

the number of non-forcible sex offenses separately. 

You have the option of providing a breakdown of 

offenses for each of these categories; however, this 

is not required. For example, you may separate 

forcible sex offenses as follows: Forcible Rape, 

Forcible Sodomy, Sexual Assault With an Object 

and Forcible Fondling. 

• Robbery—count one offense per each distinct operation 

(i.e., incident). 

• Aggravated Assault—count one offense per victim.

• Burglary—count one offense per each distinct operation. 

I Recording crimes cite 

34 CFR 668.46(c)(2) 
Chapter 7–Adding It All Up 

76 

• Motor Vehicle Theft—count one offense per each stolen 

vehicle.

• Arson—count one offense per each distinct operation. 

• Any of the above offenses that are classified as Hate 

Crimes are counted in a similar manner. For Hate Crimes 

involving bodily injury, count one offense per victim.

Arrests include persons processed by arrest, citation or 

summons. (See Chapter 3 for a detailed discussion of arrests.) 

Counting Arrests for Illegal Weapons Possession, Drug 

Law Violations or Liquor Law Violations 

• Count the number of arrests for illegal weapons 

possession, the number of arrests for drug law violations 

and the number of arrests for liquor law violations. 

Disclose these numbers separately. 

• 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. It is counted as 

two arrests even when both arrests are for the same 

violation (e.g., both were drug law 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 law 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 law violation), count only the arrest. 

• If a person is arrested for multiple violations during a 

single incident (e.g., violations of both drug and liquor 

laws), law enforcement discretion should determine which 

violation should be counted. We recommend that you 

document the justification for this determination. 

- Officer discretion is allowed only for illegal 

weapons possession and drug and liquor law 

violation arrests and referrals that occur during the 

same incident. 

• Do not combine statistics for arrests and persons referred 

for disciplinary action. They are disclosed separately. 
Chapter 7–Adding It All Up 

77 

Counting Referrals for Disciplinary Action for Illegal 

Weapons Possession, Drug Law Violations and Liquor Law 

Violations 

Referrals include any persons referred to any official who 

initiates a disciplinary action of which a record is kept and which 

may result in the imposition of a sanction. (See Chapter 3 for a 

discussion of referrals for disciplinary action.) 

• Count the number of persons who were referred for illegal 

weapons possession, the number referred for violations of 

drug laws, and the number referred for violations of liquor 

laws. Disclose these numbers separately. 

• 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 

persons referred for disciplinary action. It is counted as 

two persons even if both referrals are for the same type of 

violation (e.g., both were drug law 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 law 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 drug 

and liquor laws), law enforcement should use discretion to 

determine which violation referral should be counted. We 

recommend that you document justification for this 

determination. 

- Officer discretion is allowed only for illegal 

weapons possession and drug and liquor law 

violation arrests and referrals resulting from a 

single incident. 

• Do not combine statistics for arrests and persons referred 

for disciplinary action. They are disclosed separately. 
Chapter 7–Adding It All Up 

78 

Beyond the Basics—Additional Rules and 

Information 

The Hierarchy Rule 

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

UCR Hierarchy Rule. This requires you to count only the most 

serious offense when more than one offense was committed during a 

single incident. A single incident means that the offenses must be 

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 you must use for 

Clery Act reporting: 

• Murder and Non-Negligent Manslaughter 

• Negligent Manslaughter 

• Forcible Sex Offenses 

• Non-Forcible Sex Offenses 

• Robbery 

• Aggravated Assault 

• Burglary 

• Motor Vehicle Theft 

• Arrests 

• Referrals for Disciplinary Action 

Although arrests and referrals are technically not part of the 

hierarchy, they are shown here to illustrate their place in counting 

crimes. For example, if a student is arrested for Aggravated Assault 

and Illegal Weapons Possession, disclose only the Aggravated 

Assault. 

Also, based on the hierarchy rule, if a student is both forcibly 

raped and robbed during a single incident, disclose only the Forcible 

Sex Offense, because it is classified as the more serious crime in the 

hierarchy. 

There are exceptions to applying the hierarchy rule when 

counting offenses. These apply to Arson and Hate Crimes. 

FBI hierarchy rule cite 

34 CFR 668.46(c)(7) 
Chapter 7–Adding It All Up 

79 

Arson 

• Arson is always counted as an offense 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, the most serious is 

reported along with the Arson. 

• Incidents in which persons are killed as a direct result of 

arson are classified as both Murder and Non-Negligent 

Manslaughter or Negligent Manslaughter, and Arson. 

Hate crimes 

• All of the offenses committed in a multiple offense 

incident that are bias-motivated should be disclosed. 

• In a multiple-offense incident, only the crimes that are 

bias-motivated should be classified as hate crimes. 

Attempted crimes 

Do not differentiate between attempted and completed crimes. 

For example, an incident involving an attempted forcible rape is 

counted as a forcible sex offense. The only exception to this rule 

applies to attempts or assaults to murder wherein the victim does not 

die. These incidents should be classified as aggravated assaults 

rather than murders. 

 Status of the Victim and Perpetrator 

The status of the victim and the perpetrator is irrelevant. All 

Clery Act crimes are counted, even if they involve individuals not 

associated with the institution. 

No Personal Identification 

Disclosure of the number of reported crimes may not include 

the identification of the victim or the person accused of committing 

the crime. The Clery Act does not require crimes to be reported

anonymously. It prohibits personally identifiable information from 

being included in the institution’s disclosure of crime statistics. 

Crime reports made to campus security authorities may include 

personally identifiable information to aid in crime investigation. 

However, this information is omitted from the annual security report 

and the Web-based data collection. 

Personally identifiable 

information prohibition cite 

34 CFR 668.46(c)(5) 
Chapter 7–Adding It All Up 

80 

Note that, while unlikely, it is possible that a statistic may 

potentially identify an individual. This could occur, for example, if 

your institution has only one disabled individual in its campus 

community and you report an on-campus hate crime categorized by a 

disability bias. For this reason, we recommend that schools add a 

caveat to the entire statistical disclosure section stating that reported 

crimes may involve individuals not associated with the institution. 

Excluded Crimes 

There are some crimes that are not included in your 

institution’s statistical disclosures. They are: 

• Any crime not required to be included by the Clery 

Act. Required crimes are discussed in Chapter 3. 

• Unfounded crimes. If a reported crime is investigated by 

law enforcement authorities and found to be false or 

baseless, the crime is considered “unfounded” and is not 

included in your institution’s statistics. Only sworn or 

commissioned law enforcement personnel may “unfound” 

a crime. Note that the recovery of stolen property, the low 

value of stolen property, the refusal of the victim to 

cooperate with the prosecution or the failure to make an 

arrest does not “unfound” a legitimate offense. Also, the 

findings of a coroner, court, jury or prosecutor do not 

“unfound” offenses or attempts that law enforcement 

investigations establish to be legitimate. If a crime is 

reported and is later “unfounded” in a subsequent year, 

your statistics should reflect this change. Use a caveat to 

note that the change in a prior year’s statistics reflects the 

“unfounding” of a crime. 

• Crimes not committed in geographic locations 

specified by the Clery Act. For example, while forcible 

rape is a Clery Act crime, where it was committed is 

important in determining if the crime must be disclosed in 

the annual security report and the Web-based report to 

ED. If a student reports being raped over spring break, the 

rape must be disclosed 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, it is not included in your Clery 

Act statistics. 
Chapter 7–Adding It All Up 

81 

Now that you know more about 

defining, classifying and counting 

crimes, you may be concerned that, 

due to more accurate reporting, 

your current crime statistics will 

show a significant increase or 

 decrease from the prior year’s 

 numbers. 

If this is the case, you may provide an 

explanation to readers that the increase or 

decrease from the last year may be due to your 

institution’s better understanding of the 

regulations regarding how crimes should be 

classified and counted, and is not due to an 

actual increase or decrease in reported crimes. 

This explanation is optional and should only be 

provided if your institution can support it with 

documentation. You should not merely speculate 

or assume the reason for a significant increase or 

decrease in crime numbers. 

After the Count—Presenting the Statistics 

Clery Act regulations require you to include statistics for 

reported crimes in your annual security report as follows: 

• By the calendar year in which the crime was reported for 

each of the three most recent years;

• By the type of crime, arrest or disciplinary referral; and

• By the geographic location in which the crime occurred.

General Crime Statistics

Present general (non-hate) crime statistics in a tabular format. 

You may use a single table or multiple tables. Clear and consistent 

labeling will make the information presented easier to read. You 

may include caveats as necessary. For example, if your institution 

housed students in an on-campus dormitory for the first time last 
Chapter 7–Adding It All Up 

82 

year, it would be helpful to provide a caveat explaining why crime 

statistics for the “dormitories or other residential facilities for 

students on campus” category were included for only the most recent 

year. 

A sample template is shown below, and other formats are 

included in Appendix F; however, there is no prescribed format for 

how your table or tables should look. 

Sample Crime Statistics Table 

OFFENSE YEAR 

ONCAMPUS 

PROPERTY 

**RESIDENTIAL 

FACILITIES 

NONCAMPUS 

PROPERTY 

PUBLIC 

PROPERTY 

OPTIONAL 

TOTAL 

MURDER / NON-NEGLIGENT 

MANSLAUGHTER 

NEGLIGENT MANSLAUGHTER 

SEX OFFENSES, FORCIBLE 

SEX OFFENSES, NON-FORCIBLE 

ROBBERY 

The following is a checklist to help you prepare your annual 

security report:

• Include statistics for the three most recent calendar years. 

Enter statistics for each year separately. For example, for 

your 2005 report, enter statistics separately for 2002, 2003 

and 2004. 

• Include categories for all required geographic locations 

that pertain to your institution. All institutions must 

include on-campus and public property locations. If your 

institution has dormitories or other residential facilities for 

students on campus or noncampus buildings or property, 

you are required to include these locations as well. If your 

institution does not have dormitories or other residential 

facilities for students on campus or any noncampus 

buildings or property, remember to include a caveat 

stating this. 
Chapter 7–Adding It All Up 

83 

• Include all crime categories and list them separately. 

Remember to separate statistics for Murder and NonNegligent Manslaughter and statistics for Negligent 

Manslaughter. Also separate statistics for Forcible Sex 

Offenses and statistics for Non-Forcible Sex Offenses. 

• Although it is not required, you may provide a more 

detailed breakout of sex offenses. For example, Forcible 

Sex Offenses may be subcategorized as Forcible Rape, 

Forcible Sodomy, Sexual Assault With an Object and 

Forcible Fondling. 

• Including totals for crime categories (e.g., the total 

robberies reported for all geographic locations for the 

year) is optional. 

• Enter statistics separately for arrests for illegal weapons 

possession, arrests for drug law violations and arrests for 

liquor law violations. Also enter statistics separately for 

the number of persons referred for disciplinary action for 

illegal weapons possession, the number referred for drug 

law violations and the number referred for liquor law 

violations. 

• Remember to enter statistics for arrests and the number of 

persons referred for disciplinary action by year and by 

geographic location. 

• Zero (0) is a statistic. Do not leave any cells blank even if 

you have no crimes to disclose for a particular category. 

Instead, enter a zero whenever you have no crime to 

disclose in a particular cell. 

• Include all crimes reported to campus police or security (if 

applicable), other campus security authorities, and from 

local police (if the local police have complied with your 

request for statistics). You may enter these statistics 

separately or in a combined manner. For example, one 

option is to combine statistics for crimes reported to 

campus police/security and other campus security 

authorities in one column and enter the statistics from 

local police in another column. 

• There is no prescribed order for presenting your statistical 

disclosures and your policy statement disclosures in the 

annual security report. 
Chapter 7–Adding It All Up 

84 

Hate Crime Statistics 

Because institutions typically do not have many hate crimes to 

report, or none at all, we recommend that you present hate crime data 

in a narrative or descriptive format. Remember the following when 

preparing your presentation: 

• Report statistics for the three most recent calendar years. 

• Report statistics by geographic location and by category of 

prejudice. 

• Hate crime categories include all Clery Act offenses as 

well as any crime involving bodily injury. 

• Arrests and referrals for disciplinary action for weapons, 

drug or liquor law violations are not categorized as Hate 

Crimes for Clery Act reporting purposes. 

Examples of Hate Crime Reporting 

1) Hate Crimes 

2004: One on-campus robbery characterized by religious bias. 

2003: One noncampus robbery characterized by ethnicity/national origin bias, and one public 

property aggravated assault characterized by sexual orientation bias. 

2002: No hate crimes reported. 

2) Hate Crimes 

There were no reported hate crimes for the years 2002, 2003 or 2004. 
85 

Not Just a Numbers CHAPTER 8

Game: Disclosing

Information

About Policies,

Procedures and Programs 

 major requirement of your Clery Act compliance is disclosing 

policy statements in your annual security report. We have 

divided the policy statement requirements into two chapters. This 

chapter will focus on policies and practices regarding: 

• How students and others should report criminal actions or 

other emergencies occurring on campus; 

• Security of and access to campus facilities; and 

• Campus law enforcement/security. 

Chapter 9 will discuss policies regarding sex offenses and sex 

offender registration information. Here are some general guide-lines 

to keep in mind for all policy statements: 

• Use language that will be understood by the general public 

(i.e., avoid heavily legal language). 

• 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. Remember that 

your statements or descriptions of policies must accurately 

reflect your institution’s current procedures and practices. 

• Pay close attention to the requirements of each policy 

statement. In general, the Clery Act does not prescribe 

policies and procedures for schools to follow; however, 

both the law and the regulations set minimum 

requirements for specific information that must be 

addressed in an institution’s annual security report. 

A Policy statement cite 

34 CFR 668.46(b)(2)(i)–

(b)(11)(vii) 
Chapter 8–Not Just a Numbers Game 

86 

• If you are compiling security reports for more than one 

campus, make sure your policy statements accurately 

reflect the current policies and practices of each specific 

campus. 

The following section presents policy statements required by 

the Clery Act. In many cases the statement is broken down into its 

various components to emphasize the content that must be included. 

Explanations of statements and components of statements are 

introduced by “What does this mean?”. Each statement includes an 

example provided by a postsecondary institution. 

Note that these are samples, as opposed to templates. Your 

institution’s policy statements must reflect your institution’s unique 

security polices, procedures and practices. 

There is no prescribed order in which your policy statements 

should appear. You may also combine statements. For example, if 

your institution has a combined alcohol and drug policy, you may 

present it that way. 
Chapter 8–Not Just a Numbers Game 

87 

Categories of 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 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 Chapter 5, your institution must have a policy 

regarding its timely warning report system. We suggest that your 

policy include: 1) the circumstances for which a warning will be 

issued; 2) the individual or office responsible for issuing the 

warning; and 3) the manner in which the warning will be 

disseminated. 

Sample Policy Statement Addressing Timely Warnings

Timely Warnings 

In the event that a situation arises, either on or off campus, that, in the judgment of the Chief of 

University Police, constitutes an ongoing or continuing threat, a campus wide “timely warning” will be 

issued. The warning will be issued through the college e-mail system to students, faculty, staff and 

the campus’ student newspaper, The Breeze. 

Depending on the particular circumstances of the crime, especially in all situations that could pose an 

immediate threat to the community and individuals, the Office of Public Safety may also post a notice 

on the campus-wide electronic bulletin board on the University Police web site at: 

http://www.jmu.edu/pubsafety/IncidentListings.shtml, providing the university community with more 

immediate notification. In such instances, a copy of the notice is posted in each residence hall, at the 

front door of each on-campus fraternity and sorority house, and in the Center for Off-Campus Living. 

The electronic bulletin board is immediately accessible via computer by all faculty, staff and students. 

Anyone with information warranting a timely warning should report the circumstances to the 

University Police office, by phone (568-6911) or in person at the dispatch center within Public Safety, 

Shenandoah Hall, the southwest corner of Patterson and South Main Streets. 

34 CFR 668.46(b)(2) 

34 CFR 668.46(b)(2)(i) 
Chapter 8–Not Just a Numbers Game 

88 

b. Policies for preparing the annual disclosure of crime 

statistics. 

What does this mean? 

This refers to how the annual security report is prepared. 

Include a brief description explaining who prepares the report, and 

how and from what sources the crime statistics are collected. 

Sample Policy Statement Addressing Preparation of 

Disclosure of Crime Statistics 

Policy For Reporting The Annual Disclosure of Crime Statistics 

The University Police prepares this report to comply with the Jeanne Clery Disclosure of Campus 

Security Policy and Crime Statistics Act. The full text of this report can be located on our web site at 

www.police.sdsu.edu. You will also be able to connect to our site via the SDSU Home page at 

www.sdsu.edu. This report is prepared in cooperation with the local law enforcement agencies 

surrounding our main campus and alternate sites, Housing and Residential Services, the Judicial 

Affairs Officer, the Division of Business Affairs, and the Division of Student Affairs. Each entity 

provides updated information on their educational efforts and programs to comply with the Act. 

Campus crime, arrest and referral statistics include those reported to the SDSU Police, designated 

campus officials (including but not limited to directors, deans, department heads, designated HRLO 

staff, judicial affairs, advisors to students/student organizations, athletic coaches), and local law 

enforcement agencies. These statistics may also include crimes that have occurred in private 

residences or businesses and is not required by law. California law (11160 of the California Penal 

Code) requires prompt, mandatory reporting to the local law enforcement agency by health care 

practitioners (such as those at Student Health Services) when they provide medical services to a 

person they know or reasonably suspects is suffering from wounds inflicted by a firearm or is a result 

of assaultive or abusive conduct. Department of Counseling and Psychological Services staff inform 

their clients of the procedures to report crime to the University Police on a voluntary or confidential 

basis, should they feel it is in the best interest of the client. A procedure is in place to anonymously 

capture crime statistics disclosed confidentially during such a session. 

Each year, an e-mail notification is made to all enrolled students that provides the web site to access 

this report. Faulty and staff receive similar notification with their paycheck. Copies of the report may 

also be obtained at the University Police Department Headquarters located at Student Services 

Building Room #1410 or by calling (619) 594-1985. All prospective employees may obtain a copy 

from Human Resources in Administration Room 326 or by calling (619) 594-6404, and the web site 

address will be attached to SDSU employment applications. A partial version of this report is located 

in the class schedule. 

34 CFR 668.46(b)(2)(ii) 
Chapter 8–Not Just a Numbers Game 

89 

c. 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 must also disclose whether the institution has 

any institutional policies or procedures that allow victims 

or witnesses to report crimes on a voluntary, confidential 

basis for inclusion in the annual security report. 

What does this mean? 

The first part of this statement asks you to disclose the titles of 

each individual or organization your institution has designated for 

students and employees to report Clery Act crimes. This need not be 

a list of all your campus security authorities. While 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. 

Sample Policy Statement Addressing the Reporting of Criminal Offenses

 

34 CFR 668.46(b)(2)(iii) 
Chapter 8–Not Just a Numbers Game 

90 

The second part 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 disclosing this. 

Sample Policy Statement Addressing Voluntary Confidential Reporting 

Confidential Reporting Procedures 

If you are the victim of a crime and do not want to pursue action within the University System or the 

criminal justice system, you may still want to consider making a confidential report. With your 

permission, the Chief or a designee of UCIPD can file a report on the details of the incident without 

revealing your identity. The purpose of a confidential report is to comply with your wish to keep the 

matter confidential, while taking steps to ensure the future safety of yourself and others. With such 

information, the University can keep an accurate records of the number of incidents involving 

students, determine where there is a pattern of crime with regard to a particular location, method, or 

assailant, and alert the campus community to potential danger. Reports filed in this manner are 

counted and disclosed in the annual crimes statistics for the institution. 

Sample Policy Statement Addressing 

Limited Voluntary Confidential Reporting 

CRIME REPORTING 

The UNM Police Department encourages anyone who is the victim or witness to any crime to 

promptly report the incident to the police. Because police reports are public records under state law, 

the UNM Police Department cannot hold reports of crime in confidence. Confidential reports for 

purposes of inclusion in the annual disclosure of crime statistics can generally be made to other UNM 

campus security authorities, as identified below. Confidential reports of crime may also be made to 

UNM Crime Stoppers at 277-STOP (277-7867). 
Chapter 8–Not Just a Numbers Game 

91 

2. Provide a statement of current policies concerning: 

security of, and access to, campus facilities, including: 

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 requires you to address both the 

security of, and access to, campus facilities, including campus 

residences. If your institution does not have any campus residences, 

your policy statement should note this. Address topics such as how 

your institution keeps its facilities secure, and how individuals gain 

or do not gain access to the facilities. 

Part (b) of this statement requires you to address security 

considerations in maintaining campus facilities. For example, your 

institution may have someone who regularly checks to make sure 

pathways are well lighted. 

Sample Policy Statement Addressing Security and Access 

Access Policy 

During business hours, the College (excluding certain housing facilities) will be open to students, parents, 

employees, contractors, guests, and invitees. During non business hours access to all College facilities is 

by key, if issued, or by admittance via the Department of Campus Safety or Residence Life staff. In the 

case of periods of extended closing, the College will admit only those with prior written approval to all 

facilities. 

Residence halls are secured 24 hours a day. Over extended breaks, the doors of all halls will be secured 

around the clock, and will be equipped with a lock separate from the regular key issued to resident 

students. Some facilities may have individual hours, which may vary at different times of the year. 

Examples are the Physical Education Learning Center, the Library, and Decker College Center. In these 

cases, the facilities will be secured according to schedules developed by the department responsible for 

the facility. 

Emergencies may necessitate changes or alterations to any posted schedules. Areas that are revealed 

as problematic have security surveys conducted of them. Administrators from the Dean's Office, Physical 

Plant, Residence Life, and other concerned areas review these results. These surveys examine security 

issues such as landscaping, locks, alarms, lighting, and communications. Additionally, during the 

academic year, the Directors of Facilities Management, Housing, Residence Life, Campus Safety, and 

Maintenance meet bi-weekly to discuss issues of pressing concern. 

34 CFR 668.46(b)(3) 
Chapter 8–Not Just a Numbers Game 

92 

3. Provide a statement of current policies concerning 

campus law enforcement that: 

a. Addresses the enforcement authority of security 

personnel, including: 

- their working relationship with state and local 

police agencies; and 

- whether those security personnel have the authority 

to arrest individuals. 

What does this mean? 

This statement requires the institution to describe the 

enforcement authority of all security personnel. Note that you must 

specify their working relationship with both state police as well as 

local police. Include also whether the security personnel can make 

arrests. If only some of your security staff can make arrests, you 

should state this. If your institution does not have any security 

personnel, you must state this. 

Sample Policy Statement Addressing Campus Law Enforcement 

(For Institutions Whose Police Have Arrest Authority) 

CAMPUS POLICE AUTHORITY AND JURISDICTION

UTC Campus Police have complete police authority to apprehend and arrest anyone involved in 

illegal acts on-campus and areas immediately adjacent to the campus. If minor offenses involving 

University rules and regulations are committed by a University student, the campus police may also 

refer the individual to the disciplinary division of Student Affairs. 

Major offenses such as rape, murder, aggravated assault, robbery, and auto theft are reported to the 

local police and joint investigative efforts with investigators from UTC and the city police are deployed 

to solve these serious felony crimes. The prosecution of all criminal offenses, both felony and 

misdemeanor, are conducted at either Municipal, General Sessions, or Federal Court of Hamilton 

County. 

Campus Police personnel work closely with local, state, and federal police agencies and have direct 

radio communication with the City Police Department on the city police radio network. The University 

Police Department is also a part of the Hamilton County 911 Emergency System. 

By mutual agreement with state and federal agencies, The University Police Department maintains an 

NLETS terminal (National Law Enforcement Telecommunications Network). Through this system 

police personnel can access the National Crime Information Computer system as well as the 

Tennessee Information Enforcement System. These computer databases are used for accessing 

criminal history data, nationwide police records, driver/vehicle identification information, as well as 

other local, state and federal law enforcement information. 

(continued on next page) 

34 CFR 668.46(b)(4)(i) 
Chapter 8–Not Just a Numbers Game 

93 

(continued from previous page) 

Per agreement with the Chattanooga Police Department, the University Police Department's jurisdiction 

extends west bounded by Houston Street, east to Central Avenue, south to East Eighth Street, and 

north to the Manker Patton Tennis Complex and Scrappy Moore Field. Any University owned or leased 

property in outlying areas is patrolled jointly by both University and City Police. 

Through coordination with local law enforcement agencies, any criminal activity engaged in by students 

at off-campus locations of student organizations, is monitored and recorded. This information is 

provided to the Dean of Students for any action or follow-up that may be required. 

Sample Policy Statement Addressing Campus Law Enforcement 

(For Institutions Whose Police Do Not Have Arrest Authority) 

Montgomery College Safety and Security offices have the authority to ask persons for identification and 

to determine whether individuals have lawful business at Montgomery College. Montgomery College 

security officers have the authority to issue parking tickets, which are billed to financial accounts of 

students, faculty, and staff. Safety and Security officers do not possess arrest power. Criminal 

incidents are referred to the local police who have jurisdiction on the campus. The Safety and Security 

Office at Montgomery College maintains a highly professional working relationship with the 

Montgomery County Police Department, Rockville City Police, and Takoma Park Police. All crime 

victims and witnesses are strongly encouraged to immediately report the crime to campus Safety and 

Security Office and the appropriate police agency. Prompt reporting will assure timely warning notices 

on-campus and timely disclosure of crime statistics. 
Chapter 8–Not Just a Numbers Game 

94 

b. Encourages accurate and prompt reporting of all crimes to 

the campus police and the appropriate police agencies. 

What does this mean? 

Your policy statement must encourage individuals to report all 

crimes to the campus police and police agencies for your institution’s 

jurisdiction in an accurate and timely manner. If your institution 

does not have campus police, you must state this. 

Sample Policy Statement Addressing the Encouragement of 

Accurate and Prompt Crime Reporting 

General Procedures for Reporting a Crime or Emergency 

Community members, students, faculty, staff, and guests are encouraged to report all crimes and 

public safety related incidents to the University Police Department (UPD) in a timely manner. This 

publication focuses on UPD because it patrols the majority of the Foggy Bottom campus and the 

Mount Vernon-campus. However, Hospital Security should be contacted when incidents, 

emergencies, or crimes occur in the Hospital. 

To report a crime or an emergency on the Foggy Bottom campus, call UPD at extension 4-6111 or, 

from outside the University phone system, (202) 994-6111. To report a non-emergency security or 

public safety related matter, call UPD at extension 4-6110 or, from outside the University phone 

system, (202) 994-6110. 

To report a crime or emergency on the Mount Vernon-campus, call UPD at 2-6111 or, from outside 

the University phone system, (202) 242-6111. To report a non-emergency security or public safety 

related matter call UPD at 2-6110 or, from outside the phone system, (202) 242-6110. 

If a crime or emergency occurs in the Hospital, call Hospital Security at (202) 715-5000. 

Dispatchers are available at these respective telephone numbers 24 hours a day to answer your call. 

In response to a call, UPD or Hospital Security will take the required action, dispatching an officer or 

asking the victim to report to UPD to file an incident report. 

All UPD incident reports are forwarded to the Dean of Students office for review and potential action 

by the Office of Student Judicial Services. UPD Investigators will investigate a report when it is 

deemed appropriate. Additional information obtained via the investigation will also be forwarded to 

the Office of Student Judicial Services. 

If assistance is required from the Metropolitan Police Department or the District of Columbia Fire 

Department, UPD will contact the appropriate unit. If a sexual assault or rape should occur, staff on 

the scene, including UPD, will offer the victim a wide variety of services. GW has a Sexual Assault 

Crisis Consultation Team that has trained members who are available to assist a victim 24 hours a 

day. 

This publication contains information about on-campus and off campus resources. That information is 

made available to provide GW community members with specific information about the resources that 

are available in the event that they become the victim of a crime. The information about “resources” is 

not provided to infer that those resources are “reporting entities" for GW. 

Crimes should be reported to the University Police Department to ensure inclusion in the annual 

crime statistics and to aid in providing timely warning notices to the community, when appropriate. For 

example, a crime that was reported only to the DC Rape Crisis Center would not be included in the 

GW crime statistics. 

34 CFR 668.46(b)(4)(ii) 
Chapter 8–Not Just a Numbers Game 

95 

c. Describes 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? 

Disclose if your institution has any procedures 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 ED. This may include both 

verbal and written encouragement. If your institution does not have 

these procedures, state this. 

Note that this policy differs from the policy statement on 

Page 89. That statement does not specifically address pastoral and 

professional counselors. 

Sample Policy Statement Addressing Counselors 

(For Institutions With Confidential Reporting Procedures) 

As a result of the negotiated rulemaking process which followed the signing into law, the 1998 amendments to 

20 U.S.C. Section 1092 (f), clarification was given to those considered to be campus security authorities. Campus 

“Pastoral Counselors” and Campus “Professional Counselors”, when acting as such, are not considered to be a 

campus security authority and are not required to report crimes for inclusion into the annual disclosure of crime 

statistics. As a matter of policy, they are encouraged, if and when they deem it appropriate, to inform persons 

being counseled of the procedures to report crimes on a voluntary basis for inclusion into the annual crime 

statistics. 

The rulemaking committee defines counselors as: 

Pastoral Counselor

An employee of an institution who is associated with a religious order or denomination, recognized by that 

religious order or denomination as someone who provides confidential counseling and who is functioning within 

the scope of that recognition as a pastoral counselor. 

Professional Counselor

An employee of an institution whose official responsibilities include providing psychological counseling to 

members of the institution’s community and who is functioning within the scope of his or her license or 

certification.

Sample Policy Statement Addressing Counselors 

(For Institutions Without Confidential Reporting Procedures) 

All reports will be investigated. The University does not have procedures for voluntary, confidential 

reporting of crime statistics. Violations of the law will be referred to law enforcement agencies and 

when appropriate, to the University Disciplinary Committee for review. When a potentially dangerous 

threat to the University community arises, timely reports or warnings will be issued through e-mail 

announcements, the posting of flyers at local campuses, in-class announcements, or other appropriate 

means. 

34 CFR 668.46(b)(4)(iii) 
Chapter 8–Not Just a Numbers Game 

96 

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). 

Sample Policy Statement Addressing Security Awareness Programs

Security Awareness Programs 

During orientation in September (Medford/ Somerville) or August (Boston and Grafton), 

students are informed of services offered by the Tufts Police. Video and slide 

presentations outline ways to maintain personal safety and residence hall security. 

Students are told about crime on-campus and in surrounding neighbor-hoods. Similar 

information is presented to new employees. Crime Prevention Programs and Sexual 

Assault Prevention Programs are offered on a continual basis. 

Periodically during the academic year the Tufts Police, in cooperation with other 

university organizations and departments, present crime prevention awareness sessions 

on sexual assault (rape and acquaintance rape), Rohypnol abuse, theft, and vandalism, 

as well as educational sessions on personal safety and residence hall security. 

A common theme of all awareness and crime prevention programs is to encourage 

students and employees to be aware of their responsibility for their own security and the 

security of others. 

In addition to seminars, information is disseminated to students and employees through 

crime prevention awareness packets, security alert posters, displays, videos, and articles 

and advertisements in university and student newspapers. 

When time is of the essence, information is released to the university community 

through security alerts posted prominently throughout campus, through computer 

memos sent over the university's electronic mail system and a voice mail broadcasting 

system. 

34 CFR 668.46(b)(5) 
Chapter 8–Not Just a Numbers Game 

97 

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 programs designed to 

inform both students and employees about crime prevention. You 

must describe the programs. If you do not have any programs of this 

nature, you must provide a statement disclosing this fact. 

Sample Policy Statement Addressing Crime Prevention Programs 

CRIME PREVENTION PROGRAMS 

Crime Prevention Programs on personal safety and theft prevention are sponsored by various campus 

organizations throughout the year. University Police personnel facilitate programs for student, parent, 

faculty, and new employee orientations, student organizations, community organizations, in addition to 

quarterly programs for Housing Services Resident Advisers and residents providing a variety of 

educational strategies and tips on how to protect themselves from sexual assault, theft and other crimes. 

Starting in the fall we will be offering Rape Aggression Defense System (RAD) training. It is a 

comprehensive course that begins with awareness, prevention, risk reduction and avoidance, while 

progressing on to the basics of hands-on defense training. Certified RAD instructors will teach the 

courses provided. 

Tip: To enhance personal safety, and especially after an evening class, walk with friends or someone 

from class that you know well, or call the Eagle Patrol Services for an escort.

34 CFR 668.46(b)(6) 
Chapter 8–Not Just a Numbers Game 

98 

6. Provide a statement of 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. 

What does this mean? 

This statement addresses whether your institution uses local 

police to monitor off-campus student organizations. Note that this 

concerns only those organizations that are officially recognized by 

your institution. If you do not have any off-campus student 

organizations, you must disclose this. 

Sample Policy Statement Addressing Criminal Activity Off Campus 

(For Institutions Whose Police Monitor Off-Campus Activity) 

When a Vanderbilt student is involved in an off-campus offense, police officers may assist with the 

investigation in cooperation with local, state, or federal law enforcement. Metro Nashville police 

routinely work and communicate with campus officers on any serious incidents occurring on-campus 

or in the immediate neighborhood and business areas surrounding campus. Vanderbilt University 

operates no off-campus housing or off-campus student organization facilities. However, many 

graduate students and some undergraduate students live in the neighborhoods surrounding Vanderbilt. 

While Metro Nashville police have primary jurisdiction in all areas off campus, Vanderbilt officers 

can and do respond to student-related incidents that occur in close proximity to campus. Vanderbilt 

officers have direct radio communications with the city police, fire department, and ambulance 

services to facilitate rapid response in any emergency situation.

34 CFR 668.46(b)(7) 
Chapter 8–Not Just a Numbers Game 

99 

Sample Policy Statement Addressing Criminal Activity Off Campus 

(For Institutions Whose Police Do Not Monitor Off-Campus Activity) 

Student Affairs maintains contact with recognized fraternity and sorority organizations through the 

efforts of the Greek Affairs Advisor. University Police members do not provide law enforcement 

service to off-campus residences of recognized fraternity and sorority organizations nor are activities 

off-campus recognized by university authority. Criminal activity at recognized fraternity and sororities 

residences is monitored and recorded by the Fresno Police Department's Northeast Policing District. 

Student Affairs and University Police members enjoy a close working relationship with the Northeast 

Policing District’s Neighborhood Policing, Problem Oriented Policing, and Tactical teams when 

violations of federal, state, or local laws surface. This cooperative team approach addresses situations 

as they arise as well as future concerns. 

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? 

This statement describes your policy concerning the 

possession, use and sale of alcohol. You must also disclose your 

policy for the enforcement of state laws relating to underage 

drinking. 

Sample Policy Statement Addressing Alcoholic Beverages 

Sample Policy on Alcoholic Beverages 

The possession, sale or the furnishing of alcohol on the University campus is governed by UCSD Alcohol 

Policy and California state law. Laws regarding the possession, sale, consumption or furnishing of alcohol 

is controlled by the California Department of Alcohol and Beverage Control (ABC). However, the 

enforcement of alcohol laws on-campus is the primary responsibility of the UCSD Police Department. The 

UCSD campus has been designated “Drug free” and only under certain circumstances is the consumption 

of alcohol permitted. The possession, sale, manufacture or distribution of any controlled substance is 

illegal under both state and federal laws. Such laws are strictly enforced by the UCSD Police Department. 

Violators are subject to University disciplinary action, criminal prosecution, fine and imprisonment. It is 

unlawful to sell, furnish or provide alcohol to a person under the age of 21. The possession of alcohol by 

anyone under 21 years of age in a public place or a place open to the public is illegal. It is also a violation 

of the UCSD Alcohol Policy for anyone to consume or possess alcohol in any public or private area of 

campus without prior University approval. Organizations or groups violating alcohol/substance policies or 

laws may be subject to sanctions by the University.

34 CFR 668.46(b)(8) 
Chapter 8–Not Just a Numbers Game 

100 

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? 

This statement discloses your policy concerning the 

possession, use and sale of illegal drugs. You must also disclose 

your policy for the enforcement of both federal and state laws 

pertaining to drugs. 

Sample Policy Statement Addressing Illegal Drugs 

Sample Policy on Illegal Drugs 

The UCSD campus has been designated “Drug free” and only under certain circumstances is the 

consumption of alcohol permitted. The possession, sale, manufacture or distribution of any controlled 

substance is illegal under both state and federal laws. Such laws are strictly enforced by the UCSD 

Police Department. Violators are subject to University disciplinary action, criminal prosecution, fine 

and imprisonment.

9. Provide 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. 

What does this mean? 

To participate in any Title IV student aid program, an 

institution must verify that it has a drug and alcohol abuse prevention 

program available to students and employees. Clery Act regulations 

ask for a description of these programs, and allow you to crossreference the materials your institution uses to comply with the HEA. 

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 G of this handbook. 

34 CFR 668.46(b)(9) 

34 CFR 668.46(b)(10) 
Chapter 8–Not Just a Numbers Game 

101 

Sample Policy Statement Addressing Substance Abuse Education 

ALCOHOL AND SUBSTANCE ABUSE INFORMATION 

PREVENTION PROGRAMS 

The College has developed a program to prevent the illicit use of drugs and the abuse of alcohol by 

students and employees. The program provides services related to drug use and abuse including 

dissemination of informational materials, educational programs, counseling services, referrals and 

college disciplinary actions. 

Cayuga’s Health Services Office provides an overall coordination of the Drug-Free School Program. 

However, many services are the responsibility of other areas of the institution. These include: 

 Alcohol and Drug Education: College Health Services, Employee Assistance 

 Program, College Health Class. 

 Counseling Services: Student Development Counselors, College Nurse, 

 Employee Assistance Program. 

 Referral Services: Student Development Counselors, College Nurse, Employee 

 Assistance Program. 

 College Disciplinary Actions: Faculty/Student Judicial Review Committee. 

 Director of Student Development. 

LOCAL, STATE & FEDERAL LEGAL SANCTIONS 

Legal Sanctions – Laws Governing Alcohol 

The State of New York sets 21 as the minimum age to purchase or possess any alcoholic beverage. 

Specific ordinances regarding violations of alcohol laws, including driving while intoxicated, are 

available from the Office of Public Safety. Effective January 1, 1990, a package of state laws was 

passed regarding alcohol. They include the following: 

 1. Persons under age 21 found possessing alcohol may be given 

 a maximum fine of $50. 

 2. Anyone convicted of fraudulently using a driver’s license to buy or attempt 

 to buy alcohol may have his/her driver’s license suspended for up to 90 days. 

 3. Persons convicted of buying alcohol through fraudulent means face a 

 possible $100 fine and/or being required to do up to 30 hours of community 

 service work. 

 A violation of any law regarding alcohol is also a violation of the College’s 

 Student Code of Conduct and will be treated as a separate disciplinary matter 

 by the College. 

Remember, if your institution does 

not have a policy for a category 

addressed in the regulations, you 

must say so! 
102 

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103 

Special Considerations: CHAPTER 9

Policies Regarding Sex 

Offenses and Offenders 

hat are the Clery Act requirements regarding policies and 

procedures for sex offenses? As mentioned in Chapter 8, the 

Clery Act requires you to provide policy statements regarding sex 

offenses and obtaining access to information regarding registered sex 

offenders in the campus community. 

Sex Offenses 

The FBI’s National Incident-Based Reporting System 

(NIBRS) edition of the UCR defines a sex offense in general as any 

sexual act directed against another person, forcibly and/or against 

that person’s will; or not forcibly or against the person’s will where 

the victim is incapable of giving consent. (See Chapter 3 for 

definitions of forcible and non-forcible sex offenses.) 

The Clery Act requires you to include a statement about your 

institution’s sex offense policy, procedures and programs in your 

annual security report. Specifically, the regulation requires a 

statement of policy regarding the institution’s campus sexual 

assault programs to prevent sex offenses, and procedures to 

follow when a sex offense occurs. The statement must include: 

a. A description of educational programs to promote the 

awareness of rape, acquaintance rape and other forcible 

and non-forcible sex offenses. 

These programs are required by Section 485(f) of the Higher 

Education Act. We encourage your institution to contract with 

experts in the area of sex offense education to provide training to 

students and staff. Such experts include rape crisis intervention 

specialists, local law enforcement officials and social services 

personnel. 

W 

Sex offense policy 

statement cite 

34 CFR 668.46(b)(11) 

34 CFR 668.46(b)(11)(i)
Chapter 9–Special Considerations 

104 

b. Procedures students should follow if a sex offense occurs, 

including: 

• Procedures concerning who should be contacted; 

• The importance of preserving evidence for the proof 

of a criminal offense; and 

• To whom the alleged offense should be reported. 

Note that the Clery Act does not mandate whom to contact 

or to whom the offense should be reported. It requires 

only that your institution include this information in the 

procedures. Be specific with regard to this information. 

For example, if students are directed to a rape crisis 

counselor for support and the campus police department 

for reporting purposes, provide contact information. We 

encourage institutions to consult law enforcement about 

what constitutes “preserving evidence.” 

c. Information on a student’s option to notify appropriate law 

enforcement authorities, including: 

• On-campus and local police; and 

• A statement that institutional personnel will assist the 

student in notifying these authorities, if the student 

requests the assistance of these personnel. 

Provide information so that students know what notifying 

law enforcement authorities entails. Be specific about 

both campus and local police, as applicable. The 

statement that your institution will comply with a 

student’s request for assistance in notifying authorities is 

mandatory. 

d. Notification to students of existing on- and off-campus 

counseling, mental health or other student services for 

victims of sex offenses. 

Your statement should provide specific information 

identifying the appropriate available services for victims. 

Be sure to include both on- and off-campus services, as 

applicable. If there are no on-campus services or no offcampus services, state this. 

e. Notification to students that the institution will change a 

victim’s academic and living situations after an alleged 

sex offense, and the options for those changes if those 

changes are requested by the victim and are reasonably 

available. 

34 CFR 668.46(b)(11)(ii) 

34 CFR 668.46(b)(11)(iii) 

34 CFR 668.46(b)(11)(iv) 

34 CFR 668.46(b)(11)(v) 
Chapter 9–Special Considerations 

105 

An institution is obligated to comply with a student’s 

request for a living and/or academic situation change 

following an alleged sex offense. The options should be 

identified. 

These requirements allow an institution flexibility. For 

example, an institution could permit a victim to break a 

housing contract with the institution so that the student 

may seek off campus housing. But, it would not be 

reasonable to expect the institution to pay for the rental of 

a private apartment for the student. 

f. Procedures for campus disciplinary action in cases of an 

alleged sex offense, including a clear statement that: 

i. The accuser and the accused are entitled to the 

same opportunities to have others present during a 

disciplinary proceeding; and

ii. Both the accuser and the accused must be informed 

of the outcome of any institutional disciplinary 

proceeding that is brought alleging a sex offense. 

Compliance with this paragraph does not constitute 

a violation of the Family Educational Rights and 

Privacy Act (FERPA). For the purpose of this 

paragraph, the outcome of a disciplinary proceeding 

means only the institution’s final determination 

with respect to the alleged sex offense and any 

sanction that is imposed against the accused. 

Your statement regarding procedures for campus 

disciplinary action for alleged sex offenses must include 

both (i) and (ii). Add any other procedures as appropriate 

for your institution. The right to have others present and 

to be informed of the outcome apply to the institutional 

disciplinary proceedings, regardless of where the alleged 

sex offense occurred. Disclosure concerning the outcome 

of proceedings must be unconditional; a victim cannot be 

required to sign a nondisclosure agreement or to otherwise 

agree to a prohibition from discussing the case.

g. Sanctions the institution may impose following a final 

determination of an institutional disciplinary proceeding 

regarding rape, acquaintance rape or other forcible or nonforcible sex offenses. 

Note that this does not require you simply to state that 

sanctions may be imposed. You are required to list the 

sanctions. 

34 CFR 

668.46(b)(11)(vi)(A)&(B) 

34 CFR 668.46(b)(11)(viii) 
Chapter 9–Special Considerations 

106 

It is very important that you understand that: 

• Simply stating the topic of a policy does not meet the 

requirements. All of the required components of a policy 

must be included in the policy statement. 

• For the most part, institutions have discretion in the 

wording of these statements and how the policies and 

procedures are put into practice. 

• It is imperative that an institution’s policy statements 

accurately reflect what the institution does currently to 

prevent sex offenses, and the procedures that are followed 

when a sex offense occurs. 
Chapter 9–Special Considerations 

107 

Sample Policy Statement Addressing Sex Offenses 

 

Sexual Assault Prevention and Response 

The University educates the student community about sexual assaults and date rape through mandatory freshman 

orientations each fall. The Police Department offers sexual assault education and information programs to 

University students and employees upon request. Literature on date rape education, risk reduction, and University 

response is available through the Office of Housing and Residential Education. 

If you are a victim of a sexual assault at this institution, your first priority should be to get to a place of safety. 

You should then obtain necessary medical treatment. The University Police Department strongly advocates that a 

victim of sexual assault report the incident in a timely manner. Time is a critical factor for evidence collection and 

preservation. An assault should be reported directly to a University officer and/or to a Housing and Residential 

Education representative. Filing a police report with a University officer will not obligate the victim to prosecute, 

nor will it subject the victim to scrutiny or judgmental opinions from officers. Filing a police report will 

› ensure that a victim of sexual assault receives the necessary medical treatment and tests, at no expense to the 

victim 

› provide the opportunity for collection of evidence helpful in prosecution, which cannot be obtained later (ideally a 

victim of sexual assault should not wash, douche, use the toilet, or change clothing prior to a medical/legal exam) 

› assure the victim has access to free confidential counseling from counselors specifically trained in the area of 

sexual assault crisis intervention. 

When a sexual assault victim contacts the Police Department, the Metro Police Sex Crimes Unit will be notified as 

well. A representative from the Office of Housing and Residential Education will also be notified. The victim of a 

sexual assault may choose for the investigation to be pursued through the criminal justice system and the University 

Conduct Council, or only the latter. A University representative from the Police Department or the Office of 

Housing and Residential Education will guide the victim through the available options and support the victim in his 

or her decision. Various counseling options are available from the University through the Student Health Center, the 

Women’s Center, University Ministries, Employee Assistance, and the Psychological and Counseling Center. 

Counseling and support services outside the University system can be obtained through the Rape and Sexual Abuse 

Center and the Victim Intervention Program of the Metro Police Department. 

University disciplinary proceedings, as well as special guidelines for cases involving sexual misconduct, are 

detailed in the Student Handbook. The Handbook provides, in part, that the accused and the victim will each be 

allowed to choose one person who has had no formal legal training to accompany them throughout the hearing. Both 

the victim and accused will be informed of the outcome of the hearing. A student found guilty of violating the 

University sexual misconduct policy could be criminally prosecuted in the state courts and may be suspended or 

expelled from the University for the first offense. Student victims have the option to change their academic and/or 

on-campus living situations after an alleged sexual assault, if such changes are reasonably available.
Chapter 9–Special Considerations 

108 

Advising the Campus Community 

About Sex Offenders 

Upon release from prison, individuals convicted of sex crimes 

may be required to register with law enforcement agencies (under 

laws referred to as “Megan’s Laws”). If registered sex offenders are 

enrolled at, or employed at a postsecondary institution, the offenders 

must also provide this information to the state. The information is 

then provided by the state to campus police departments or to other 

law enforcement authorities in the jurisdiction where the institution 

is located. 

Your institution must provide 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 office of the institution, a 

local law enforcement agency with jurisdiction for the campus, 

or a computer network address. 

You should know that: 

• Institutions are 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 the school’s jurisdiction. 

• Institutions are required to provide the campus community 

with information that would enable them to obtain this 

public information about registered sex offenders on 

campus. The intention of this requirement is to afford a 

campus community the same availability of information 

about registered sex offenders as they would have in their 

home communities under Megan’s Law. 

• While institutions are required to inform the campus 

community where sex offender information can be 

accessed, the institution is not required to disseminate sex 

offender information throughout the community. 

How FERPA Affects This Policy 

Nothing in FERPA prohibits an educational institution from 

disclosing information about registered sex offenders. This includes 

the disclosure of personally identifiable, nondirectory information 

without prior written consent or other consent from the individual. 

Institutions also have authority to disclose information about 

registered sex offenders that may otherwise become available to 

educational institutions through the operation of state sex offender 

registration and community notification programs. However, state 

Sex offender 

registration information 

cite 

34 CFR 668.46(b)(12) 

FERPA guidance cite 

1232g(b)(7) 
Chapter 9–Special Considerations 

109 

laws could limit disclosure of such information. Institutions are 

advised to contact their state authorities for guidance on this issue. 

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 agencies with this information, a 

statement in your annual security report should disclose this. 

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. 

Sample Policy Statement Addressing Sex Offender Registration 

(For Institutions Maintaining a List of Registered Sex Offenders On-Site)

Sexual Offender Registration 

The Campus Sex Crimes Prevention Act (CSCPA) of 2000 is a federal law that provides for the tracking 

of convicted sex offenders enrolled at, or employed by, institutions of higher education. The CSCPA is 

an amendment to the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Act. The 

federal law requires state law enforcement agencies (in Kansas, it is the Kansas Bureau of 

Investigation) to provide Dodge City Community College with a list of registered sex offenders who 

have indicated that they are either enrolled, employed or carrying on a vocation at Dodge City 

Community College.

Dodge City Community College is required to inform the campus community that a KBI registration list 

of sex offenders will be maintained and available at two campus locations: the Office of Campus Safety 

and Security in Shelden Hall and the Office of the Associate Dean of Students, located room 103 of the 

Student Union.

In addition, a list of all registered sex offenders in Kansas is available from the Kansas Bureau of 

Investigation at http://www.accesskansas.org/kbi/ro.htm. Dodge City is located in Ford County and 

the zip code is 67801.

The CSCPA further amends the Family Educational Rights and Privacy Act of 1974 (FERPA) to clarify 

that nothing in the Act can prohibit an educational institution from disclosing information provided to 

the institution concerning registered sex offenders.

This statement is provided in compliance with the Campus Sex Crimes Prevention Act of 2000 and the 

Kansas Offender Registration Act (KORA) of 2003, KSA 22-4902.
Chapter 9–Special Considerations 

110 

Sample Policy Statement Addressing Sex Offender Registration 

(For Institutions Providing an Electronic Link to Registered Sex Offender 

Information Maintained by an Outside Law Enforcement Agency)

In accordance to the "Campus Sex Crimes Prevention Act" of 2000, which amends the Jacob 

Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, the Jeanne 

Clery Act and the Family Educational Rights and Privacy Act of 1974, the Virginia Tech Police 

Department is providing a link to the Virginia State Police Sex Offender Registry. This act requires 

institutions of higher education to issue a statement advising the campus community where law 

enforcement information provided by a State concerning registered sex offenders may be obtained. It 

also requires sex offenders already required to register in a State to provide notice of each institution 

of higher education in that State at which the person is employed, carries a vocation, or is a student. 

In the Commonwealth of Virginia, convicted sex offenders must register with the Sex Offender and 

Crimes Against Minors Registry maintained by the Department of State Police. 

 The Sex Offender and Crimes Against Minors Registry (SOR) for VIOLENT SEX OFFENDERS is 

available via Internet pursuant to Section 19.2-390.1 , (D), of the Code of Virginia. Registry 

information provided under this section shall be used for the purposes of the administration of 

criminal justice, screening of current or prospective employees, volunteers or otherwise for the 

protection of the public in general and children in particular. Unlawful use of the information for 

purposes of intimidating or harassing another is prohibited and willful violation shall be 

punishable as a Class 1 misdemeanor.

The Virginia State Police is responsible for maintaining this registry. Follow the link below to access 

the Virginia State Police website. 

http://sex-offender.vsp.state.va.us/cool-ICE 
111 

Getting the Word Out: CHAPTER 10

Distributing the 

Annual Security Report 

ou have a lot of information and may be wondering, “Now 

what do I do with this?” This chapter will walk you through 

the steps necessary to help you comply with Clery Act regulations 

concerning the publication and distribution of your annual security 

report. 

Specifically, you must: 

• Meet the deadline; 

• Publish the annual security report; 

• Determine who gets the annual security report; 

• Distribute the report; and 

• Retain the records. 

When is the deadline? The annual security report must be 

published and distributed by Oct. 1 each year. This is a firm 

deadline. There is no grace period. 

What should the publication look like? Whether the report 

is produced as a separate publication or as part of another 

publication, it must be contained within a single document. It cannot 

be published in sections or multiple volumes. For example, the 

report may be published in a campus directory that is given to all 

students and employees, provided the report appears in its entirety 

within that publication. It is not necessary that the report be provided 

to both students and employees in the same publication. If the report 

is posted on the institution’s Web site, it must be clearly identified in 

a single, separate part of the site. 

Y 

Distribution cite 

34 CFR 668.41(e) 
Chapter 10–Getting the Word Out 

112 

Remember that Clery Act requirements must be met 

individually for each separate campus. An institution may publish a 

single document covering all campuses as long as information and 

crime statistics that vary by campus are clearly presented. 

Who gets the annual security report? The report must be 

distributed 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. The 

report must also be provided 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. 

How should the report be distributed? The report must be 

distributed to all current students and employees in one of two ways: 

1. Directly by publications and mailings. This may be 

accomplished by giving a copy directly to each individual 

or by direct mailing to each individual through: 

• the United States Postal Service; 

• Campus mail; 

• E-mail; or

• A combination of these methods.

2. Posting the annual security report on an Internet or 

intranet Web site that is reasonably accessible to currently 

enrolled students and to employees. This method may be 

used only if an individual notice about the annual security 

report is distributed by Oct. 1 to each student and 

employee. This notice should not be buried 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 

Web site at which the report is posted. This means that 

the institution must provide a direct link to the annual 

security report. It is not acceptable to give the URL 

for the institution’s Web site. 
Chapter 10–Getting the Word Out 

113 

This does not mean that all of your Clery Act-related 

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. An 

institution may not charge fees to individuals for 

copies of the annual security report. Therefore, the 

annual security report may not be included in any 

publication for which a fee is charged. 

This sample notice may be used to inform students and 

employees of the availability of the annual security report. 

Sample Notice of Availability of Annual Security Report 

A copy of [name of institution’s] Annual Security Report. This report includes statistics for the previous 

three years concerning reported crimes that occurred on-campus; in certain off-campus buildings or 

property owned or controlled by [name of institution]; and on public property within, or immediately 

adjacent to and accessible from, the campus. The report also includes institutional policies concerning 

campus security, such as policies concerning sexual assault, and other matters. You can obtain a copy 

of this report by contacting [name of office] or by accessing the following web site [address of web site]. 

The report must also be made available to prospective students 

and employees. Prospective students and prospective employees are 

to be provided with a notice containing a statement of the report’s 

availability, a description of its contents and the opportunity to 

request a copy. This notice may be provided to prospective students 

and prospective employees along with other information the 

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 individuals it interviews. However, the institution is 

not required to include notification in the job advertisement, nor is it 

required to notify an individual to whom it simply sent a rejection 

letter based on his or her unsolicited employment application. 

If the institution chooses to provide its 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: 
Chapter 10–Getting the Word Out 

114 

• The exact URL 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 an intranet site may not be used to make disclosures 

to prospective students and employees. 

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 2004 

annual security report contains statistics for 2001, 2002 and 2003. 

The 2001 statistics and supporting records must be kept until Oct. 1, 

2007—in effect, seven years. 

Records to be kept include, but are not limited to, copies of 

crime reports; the daily crime logs; records for arrests and referrals 

for disciplinary action; timely warning 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 ED regarding Clery Act compliance; and copies 

of notices to students and employees about the availability of the 

annual security report. Make sure all documentation is dated and is 

easily retrievable. 

The annual security report is not 

sent to ED. However, your 

institution is required to submit to 

ED the crime statistics that make up 

the report via a Web-based data 

collection. (See Chapter 11 of this 

 handbook for detailed information.) 
115 

Submitting Crime CHAPTER 11

Statistics to the 

U.S. Department of 

Education: Web-Based 

Data Collection 

he Campus Crime and Security at Postsecondary Education 

Institutions Survey is conducted annually by the U.S. 

Department of Education’s Office of Postsecondary Education 

(OPE). This Web-based survey is used to collect data on alleged 

criminal incidents reported by over 6,700 colleges, universities and 

institutions of higher education in the United States. This 

information is posted on a public Web site for use by higher 

education consumers. 

Each year in the late summer, a letter and a certificate from the 

U.S. Department of Education are sent to the institution’s president 

or chief executive officer. The letter explains this important Clery 

Act requirement. The certificate contains the following information 

necessary to access the Web site and enter data. 

• Institution’s User ID—Typically, this ID consists of an 

uppercase letter plus an 8-digit number. For example: 

C21370001. 

• Institution’s Password—This consists of six uppercase 

letters. For example: ABCDEF. 

• Web address—To access this survey, visit 

http:/surveys.ope.ed.gov/security. 

• Campus Crime Help Desk telephone number— 

(800) 435–5985 

• Campus Crime e-mail address— 

http://CampusSecurityHelp@Westat.com. 

• Data collection dates—Aug. __ to Oct. __ 200_. 

A new ID and password are issued each year. 

T 
Chapter 11–Submitting Crime Statistics to the U.S. Department of Education 

116 

How Do You Access the Web Site? 

Login 

Enter the URL http://surveys.ope.ed.gov/security into your 

browser. The application works best with Internet Explorer but can 

be accessed using other browsers as well. The screen shown below 

is the first screen you will see. Click on Click here for login to 

continue. 
Chapter 11–Submitting Crime Statistics to the U.S. Department of Education 

117 

At this screen, enter your User ID and Password from the 

certificate mailed to the chief administrator of your institution. Both 

must be entered in uppercase. When you are finished, click “Login.” 
Chapter 11–Submitting Crime Statistics to the U.S. Department of Education 

118 

Registration 

The institution registration screen appears next. 

• Enter the name of the individual completing this survey. 

This is the person who will be contacted if any follow up 

is required. 

• Complete all fields. 

• Verify that the e-mail address is correct. It is the most 

efficient method of recontacting schools when necessary. 

Do not put a Web address in this field. 

• Click “Update.” 

• You will see a message on your screen that reads “Your 

update was successful.” 

• Click “Continue.” 
Chapter 11–Submitting Crime Statistics to the U.S. Department of Education 

119 

Institution Identification 

• Complete this entire screen. 

• Correct any inaccurate information that can be changed. 

Only the institution name field will be “read only” and 

cannot be changed. 

• Click “Update.” 

• You will see a message on your screen that reads “Your 

update was successful.” 

• Click “Continue.” 
Chapter 11–Submitting Crime Statistics to the U.S. Department of Education 

120 

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Chapter 11–Submitting Crime Statistics to the U.S. Department of Education 

121 

Screening Questions 

The screening questions appear next. 

Institutions are required to make a good-faith effort to obtain 

statistics from local law enforcement agencies. Only statistics from 

Clery Act geographic locations provided by the local jurisdiction 

should be reported. If you have combined these statistics with your 

institution’s statistics, answer “Yes” to the second screening 

question. If statistics are not available from local law enforcement, 

select the “Not Available” option. If you answer “No” to the second 

screening question, the local screens will appear for you to enter the 

statistics. (At any time throughout the survey, click on the word 

“Instructions” for more information.) 

• Click “Campus Crime.” 

• Answer all three screening questions. 

• Upon completion, click “Next Screen.” 

DO NOT INCLUDE DATA FOR AREAS OTHER THAN 

ON CAMPUS, NON-CAMPUS AND PUBLIC PROPERTY. 

have any Non-campus buildings or properties?

Information Not Available from local authorities 
Chapter 11–Submitting Crime Statistics to the U.S. Department of Education 

122 

Reporting Offenses 

You are now ready to enter the criminal offenses for the 

required geographic areas for your institution. Separate screens will 

appear for on campus (on-campus residence halls), noncampus, and 

public property. 

• Enter the number of alleged criminal incidents that were 

reported during the preceding calendar year for each 

category. (Data for the two prior years will be preloaded 

for you.) 

• Refer to Chapter 3 for the definitions of the various 

crimes. 

• Click on the crime (e.g., Burglary) if you would like the 

definition to appear on your screen. 

• If there are no offenses for a reporting category, enter zero 

(0) for that category. Do not leave the category blank. 

• The caveat is an optional field that allows you to provide 

additional information about the data that are reported. 

Because these data will be made available on the OPE 

Web site and will provide much needed consumer 

information, institutions are urged to provide text 

describing special conditions and other information 

needed to fully explain the meaning of the reported data. 

For example, an increase in the number of crimes can be 

explained in part by an even greater increase in the 

number of students. Institutions can also report reductions 

in the rate of crime in the caveat. 

• At any time, you can click on the word “Instructions” 

located in the upper right hand corner of the screen for 

more information. 
Chapter 11–Submitting Crime Statistics to the U.S. Department of Education 

123 

Residence Hall statistics are a subset of on-campus statistics; 

therefore, the numbers must be equal to or less than the numbers for 

on campus. 
Chapter 11–Submitting Crime Statistics to the U.S. Department of Education 

124 

Hate Crimes 

Your institution is required to disclose data in your annual 

security report on hate crimes by category of prejudice. For 

purposes of this data collection, only the total number of hate crimes 

is required. 
Chapter 11–Submitting Crime Statistics to the U.S. Department of Education 

125 

Arrests 

Enter statistics for arrests for liquor and drug law violations 

and illegal weapons possession by geographic area. A separate 

screen is provided for each area. 

Referrals for Disciplinary Action 

Enter statistics for referrals for liquor and drug law violations 

and illegal weapons possession. If the disciplinary action or judicial 

referral is the result of an arrest, please do not double count the 

offense. Count the violation as one arrest. 
Chapter 11–Submitting Crime Statistics to the U.S. Department of Education 

126 

Local Screens 

Contacting the local police to request crime statistics is 

required. The local police may: 

• Offer statistics that may be added to your own statistics 

for on campus, noncampus and public property. (If this is 

the case, you will have answered “Yes” to the second 

screening question, and the “Local” screens will not 

appear.) 

• Respond that they are not able to supply statistics for the 

particular geographic areas requested. (If this is the case, 

you will have answered “Not Available” to the second 

screening question, and the “Local” screens will never 

appear.) 

• Respond that they have statistics for the areas requested, 

but they are unable to pinpoint the exact location. (If this 

is the case, you will have answered “No” to the second 

screening question, and the “Local” screens will appear 

for you to enter these statistics.) 

The local screens do not require a geographic breakdown and 

do not take the place of your own public property screens. 
Chapter 11–Submitting Crime Statistics to the U.S. Department of Education 

127 

Finishing the Survey 

The following steps need to be taken to complete your survey. 

Editing Reports 

Once you have entered all of your data, you are ready to run 

the edits. 

• Click on “Perform Edits.” 

• If there are no errors, the “Lock” link will appear and it 

will be underlined so that you may proceed with locking 

your survey. 

• If there are errors identified, you must correct the errors 

before you can proceed. The icons below describe the 

errors and how to correct them. 

Icon Description 

 Fatal error—must fix. This icon will appear next to an 

unacceptable entry or non-entry. It must be fixed to 

allow you to continue and complete the survey. 

Confirm or explain. If there is an entry identified as a 

mistake or a typo, this yellow icon will appear. Click 

on the icon and a box will appear in the upper left-hand 

corner of your screen. Enter your explanation in this 

box. 

Edit explanation. This is the symbol that appears after 

you have clicked on the yellow icon above and had your 

explanation accepted. 

None of these icons appear anywhere other than on the screen 

you see to help you make the necessary corrections or to provide the 

necessary explanations. Neither the icon nor your explanation will 

appear on the public Web site. (See the example of an explanation 

box on the next page.) 
Chapter 11–Submitting Crime Statistics to the U.S. Department of Education 

128 

Error Description 

For further assistance, please contact the Campus Crime and Security Survey 

HELP Desk at 1-800-435-5985.

Error Description 

The number entered, 23, is not within the expected range. 

Please explain or fix. 

Explanation: 

Verified: 

Close 

This is the type of box that appears in the upper left-hand 

corner of your screen when you click on the yellow icons. Write your 

explanations here—not in the caveat boxes. When you are done, 

click on “Refresh” to save your explanation. 

Surveys

 

• Listed in the table below are the surveys for this institution, the status of each survey, and any currently available options 

• The institution identification must be completed before all applicable surveys will show in the table. 

Campus : Main Campus

 

Survey Status Options 

Institution Identification -- -- 

Campus Crime Has Data (0/1 locks) Perform Edits Edit Report Print
Chapter 11–Submitting Crime Statistics to the U.S. Department of Education 

129 

Lock Your File 

After the edits have been completed and there are no errors, 

you are ready to lock your file. This information will be transmitted 

to us. 

• Click “Lock,” which is now underlined. 

• Click “Continue with locking.” 

• Click “Continue.” This screen tells you the survey has 

been successfully locked. 

Once locked, survey data can no longer be edited or changed. 

You must contact the Help Desk if you need to make changes. If an 

institution has multiple campuses, each campus must be locked 

individually. 

Print Your File 

This is the screen you will see when your survey is locked. It 

will read “Complete 1/1.” 

Using the “Print” link, make a copy for your files. 
Chapter 11–Submitting Crime Statistics to the U.S. Department of Education 

130 

Tools 

Using the “Campus Maintenance” function, you can add 

additional campuses. An additional campus must meet the definition 

of a separate campus. (See Chapter 2 for the definition of a separate 

campus.) 

You also may request up to six additional users and 

passwords. Click on “Additional Users/Passwords” to make a 

request. 

If changes need to be made on the “Registration” screen, use 

the “Registration” link included here. 
Chapter 11–Submitting Crime Statistics to the U.S. Department of Education 

131 

Campuses cannot be deleted by users. This is an 

administrative function, and you must call the Help Desk for 

assistance. 

By going to “Help,” you can access all of the links available to 

assist you in finding the answers to any questions you may have. 
Chapter 11–Submitting Crime Statistics to the U.S. Department of Education 

132 

Under “Reports” you can print out blank forms to assist you in 

completing the survey. 

You can also use “Print All Forms” on the “Login” screen to 

print blank screens. 

When you have completed your data entry and have locked 

your survey, you can print the completed survey by selecting 

“Survey Forms (data)” from the “Reports” menu. You can also 

select the “Print” link on the Survey Screen. 
133 

Appendix A: 

The Clery Act Regulations 
Appendix A 

134 

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Appendix A 

135 

A Legislative History of the Clery Act

he Student Right to Know and Campus Security Act (Public Law 101-542) was signed into law by 

President Bush in 1990 and went into effect on Sept. 1, 1991. Title II of this act is known as the 

Crime Awareness and Campus Security Act of 1990. This act amends the Higher Education Act of 1965 

(HEA) by adding campus crime statistics and reporting provisions for postsecondary institutions. It 

requires the disclosure of crime statistics for the most recent three years, as well as disclosure of the 

institution’s current security policies. Institutions are also required to issue timely warnings when 

necessary. All public and private Title IV eligible institutions must comply with the requirements of this 

act which is enforced by the U. S. Department of Education (ED). 

This law was amended when Congress enacted the Campus Sexual Assault Victim’s Bill of Rights 

as part of the Higher Education Amendments of 1992 {Public Law 102-325, Section 486(C)}, giving 

victims of sexual assault on campus certain basic rights. In addition, institutions are required to develop 

and distribute a policy statement concerning their campus sexual assault programs targeting the 

prevention of sex offenses. This statement must also address the procedures to be followed if a sex 

offense occurs. 

The most recent version of this law was passed as part of the Higher Education Amendments Act of 

1998 {Section 486(e) of Public Law 105-244}. The official title under this act is the Jeanne Clery 

Disclosure of Campus Security Policy and Campus Crime Statistics Act {20 U.S.C. 1092(f)}. On Nov. 1, 

1999, ED issued the final regulations which went into effect on July 1, 2000. The amendments require ED 

to collect, analyze, and report to Congress on the incidences of crime on college campuses. The 

amendments also expand the requirement of the Student Right to Know and Campus Security Act of 1990 

that all institutions of higher education participating in the federal student aid programs must disclose to 

students, faculty, staff, and, upon request, prospective students, information regarding the incidence of 

crimes on campus as part of their campus security report. 

The 1998 amendments made several changes to the disclosure requirements. Among these changes 

were the addition of two crimes (Arson and Negligent Manslaughter) and three locations (residence halls, 

noncampus buildings or property not geographically contiguous to the campus, and public property 

immediately adjacent to a facility that is owned or operated by the institution for education purposes) that 

schools must include in the reported statistics. Institutions that have a campus police or security 

department are required to maintain a daily crime log that is available to the public. 

The Clery Act was further amended in October 2000 by the Campus Sex Crimes Prevention Act 

(Section 1601 of Public Law 106-386). The changes went into effect on Oct. 28, 2002. Beginning in 

2003, institutions are required to notify the campus community where law enforcement agency 

information provided by a state concerning registered sex offenders who are on campus may be obtained. 

The text for the regulations, as well as Section 668.41, Reporting and Disclosure of Information, 

are included in this appendix. 

T 
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[Federal Register: October 31, 2002 (Volume 67, Number 211)] 

[Rules and Regulations] 

[Page 66519-66521] 

From the Federal Register Online via GPO Access [wais.access.gpo.gov] 

[DOCID:fr31oc02-16] 

[[Page 66519]] 

----------------------------------------------------------------------- 

Part IV 

Department of Education 

----------------------------------------------------------------------- 

34 CFR Part 668 

Student Assistance General Provisions; Final Rule 

[[Page 66520]] 

----------------------------------------------------------------------- 

DEPARTMENT OF EDUCATION 

34 CFR Part 668 

 

Student Assistance General Provisions 

AGENCY: Office of Postsecondary Education, Department of Education. 

ACTION: Final regulations. 

----------------------------------------------------------------------- 

SUMMARY: The Secretary amends the Student Assistance General Provisions 

regulations to reflect changes made to the Higher Education Act of 

1965, as amended (HEA), by the Campus Sex Crimes Prevention Act and to 

make a technical correction. The regulations clarify that institutions 
Appendix A 

154 

must include a new disclosure in their annual security reports that are 

due by October 1, 2003. 

DATES: These regulations are effective October 31, 2002. 

FOR FURTHER INFORMATION CONTACT: David Bergeron, U.S. Department of 

Education, 1990 K Street, NW. (8th Floor), Washington, DC 20006. 

Telephone: (202) 502-7815. 

 If you use a telecommunications device for the deaf (TDD), you may 

call the Federal Information Relay Service (FIRS) at 1-800-877-8339. 

 Individuals with disabilities may obtain this document in an 

alternative format (e.g., Braille, large print, audiotape, or computer 

diskette) on request to the contact person listed under FOR FURTHER 

INFORMATION CONTACT. 

SUPPLEMENTARY INFORMATION: The final regulations add a new paragraph, 

Sec. 668.46(b)(12), to reflect a self-implementing change to section 

485(f)(1) of the HEA that was made by the Campus Sex Crimes Prevention 

Act (section 1601 of Public Law 106-386). The Campus Sex Crimes 

Prevention Act adds a new disclosure to the list of disclosures an 

institution must provide in its annual security report to students and 

staff. In this new disclosure, an institution must inform members of 

the campus community of the means by which they can obtain information 

about registered sex offenders who may be present on campus. This 

change to the HEA is effective on October 28, 2002. The regulations 

clarify that institutions must include this new disclosure in their 

annual security reports that are due by October 1, 2003. 

 The final regulations correct an error in the definition of 

``Referred for campus disciplinary action'', in Sec. 668.46(a), to 

reflect the language of the HEA, by changing the word ``student'' to 

``person''. 

Waiver of Proposed Rulemaking and Negotiated Rulemaking 

 Under the Administrative Procedure Act (5 U.S.C. 553) the 

Department generally offers interested parties the opportunity to 

comment on proposed regulations. However, these regulations merely 

reflect statutory changes to the HEA and needed technical corrections. 

The changes do not establish or affect substantive policy. The 

Secretary has concluded that these regulations are technical in nature 

and do not necessitate public comment. Therefore, under 5 U.S.C. 

553(b)(B) the Secretary finds that such a solicitation would be 

unnecessary and contrary to the public interest. In addition, the 

Secretary also has decided to waive the 30-day delay in the effective 

date of these regulatory changes under 5 U.S.C. 553(d)(3). 

 For the same reasons, the Secretary has determined, under section 

492(b)(2) of the Higher Education Act of 1965, as amended, that these 

regulations should not be subject to negotiated rulemaking. 

Regulatory Flexibility Act Certification 

 The Secretary certifies that these regulations will not have a 

significant economic impact on a substantial number of small entities. 

These regulations will affect certain institutions of higher education 

that participate in Title IV, HEA programs. The U.S. Small Business 

Administration (SBA) Size Standards define these institutions as 

``small entities'' if they are for-profit or nonprofit institutions 
Appendix A 

155 

with total annual revenue below $5,000,000 or if they are institutions 

controlled by governmental entities with populations below 50,000. A 

relatively small number of the 6,000 institutions of higher education 

participating in the Title IV, HEA programs meet the SBA definition of 

``small entities.'' The technical corrections and changes will not have 

a significant economic impact on any of the institutions affected. 

Paperwork Reduction Act of 1995 

 These regulations do not contain any information collection 

requirements. 

Assessment of Educational Impact 

 Based on our own review, we have determined that these final 

regulations do not require transmission of information that any other 

agency or authority of the United States gathers or makes available. 

Electronic Access to This Document 

 You may view this document, as well as all other Department of 

Education documents published in the Federal Register, in text or Adobe 

Portable Document Format (PDF) on the Internet at the following site: 

http://www.ed.gov/legislation/FedRegister. 

 To use PDF you must have Adobe Acrobat Reader, which is available 

free at this site. If you have questions about using PDF, call the U.S. 

Government Printing Office (GPO), toll free, at 1-888-293-6498; or in 

the Washington, DC, area at (202) 512-1530. 

 You may also view this document in PDF format at the following 

site: http://ifap.ed.gov. 

 Note: The official version of this document is the document 

published in the Federal Register. Free Internet access to the 

official edition of the Federal Register and the Code of Federal 

Regulations is available on GPO Access at: http://

www.access.gpo.gov/nara/index.html. 

List of Subjects in 34 CFR Part 668 

 Administrative practice and procedure, Colleges and universities, 

Consumer protection, Education, Grant programs--education, Loan 

programs--education, Reporting and recordkeeping requirements, Student 

aid, Vocational education. 

 Dated: October 25, 2002. 

Sally L. Stroup, 

Assistant Secretary, Office of Postsecondary Education. 

 For the reasons discussed in the preamble, the Secretary amends 

part 668 of title 34 of the Code of Federal Regulations as follows: 

PART 668--STUDENT ASSISTANCE GENERAL PROVISIONS 

 1. The authority citation for part 668 continues to read as 

follows: 
Appendix A 

156 

 Authority: 20 U.S.C. 1001, 1002, 1003, 1085, 1091, 1091b, 1092, 

1094, 1099c, and 1099c-1, unless otherwise noted. 

 2. Section 668.46 is amended-- 

 A. In paragraph (a), in the definition of ``Referred for campus 

disciplinary action'', by removing the word ``student'' and adding, in 

its place, ``person''. 

 B. By adding a new paragraph (b)(12). 

 The addition reads as follows: 

Sec. 668.46 Institutional security policies and crime statistics. 

* * * * * 

 (b) * * * 

 (12) Beginning with the annual security report distributed by 

October 1, 2003, a statement advising the campus community where law 

enforcement agency information provided by a State under section 

170101(j) of the Violent Crime Control and Law Enforcement Act of 1994 

(42 U.S.C. 14071(j)), concerning registered sex offenders may be 

obtained, such as the law 

[[Page 66521]] 

enforcement office of the institution, a local law enforcement agency 

with jurisdiction for the campus, or a computer network address. 

* * * * * 

[FR Doc. 02-27599 Filed 10-30-02; 8:45 am] 

BILLING CODE 4000-01-P 
Appendix A 

157 

[Code of Federal Regulations] 

[Title 34, Volume 3, Parts 400 to end] 

[Revised as of July 1, 2000] 

From the U.S. Government Printing Office via GPO Access 

[CITE: 34CFR668.41] 

[Page 469-472] 

 

 TITLE 34--EDUCATION 

 

 CHAPTER VI--OFFICE OF POSTSECONDARY EDUCATION, 

 DEPARTMENT OF EDUCATION 

 

PART 668--STUDENT ASSISTANCE GENERAL PROVISIONS--Table of Contents 

 

 Subpart D--Institutional and Financial Assistance Information for 

 Students 

 

Sec. 668.41 Reporting and disclosure of information. 

 (a) Definitions. The following definitions apply to this subpart: 

 Athletically related student aid means any scholarship, grant, or 

other form of financial assistance, offered by an institution, the terms 

of which require 

[[Page 470]] 

the recipient to participate in a program of intercollegiate athletics 

at the institution. Other student aid, of which a student-athlete simply 

happens to be the recipient, is not athletically related student aid. 

 Certificate or degree-seeking student means a student enrolled in a 

course of credit who is recognized by the institution as seeking a 

degree or certificate. 

 First-time undergraduate student means an entering undergraduate who 

has never attended any institution of higher education. It includes a 

student enrolled in the fall term who attended a postsecondary 

institution for the first time in the prior summer term, and a student 

who entered with advanced standing (college credit earned before 

graduation from high school). 

 Normal time is the amount of time necessary for a student to 

complete all requirements for a degree or certificate according to the 

institution's catalog. This is typically four years for a bachelor's 

degree in a standard term-based institution, two years for an associate 

degree in a standard term-based institution, and the various scheduled 

times for certificate programs. 

 Notice means a notification of the availability of information an 

institution is required by this subpart to disclose, provided to an 

individual on a one-to-one basis through an appropriate mailing or 

publication, including direct mailing through the U.S. Postal Service, 

campus mail, or electronic mail. Posting on an Internet website or an 

Intranet website does not constitute a notice. 

 Official fall reporting date means that date (in the fall) on which 

an institution must report fall enrollment data to either the State, its 

board of trustees or governing board, or some other external governing 

body. 

 Prospective employee means an individual who has contacted an 
Appendix A 

158 

eligible institution for the purpose of requesting information 

concerning employment with that institution. 

 Prospective student means an individual who has contacted an 

eligible institution requesting information concerning admission to that 

institution. 

 Undergraduate students, for purposes of Secs. 668.45 and 668.48 

only, means students enrolled in a bachelor's degree program, an 

associate degree program, or a vocational or technical program below the 

baccalaureate. 

 (b) Disclosure through Internet or Intranet websites. Subject to 

paragraphs (c)(2), (e)(2) through (4), or (g)(1)(ii) of this section, as 

appropriate, an institution may satisfy any requirement to disclose 

information under paragraph (d), (e), or (g) of this section for-- 

 (1) Enrolled students or current employees by posting the 

information on an Internet website or an Intranet website that is 

reasonably accessible to the individuals to whom the information must be 

disclosed; and 

 (2) Prospective students or prospective employees by posting the 

information on an Internet website. 

 (c) Notice to enrolled students. (1) An institution annually must 

distribute to all enrolled students a notice of the availability of the 

information required to be disclosed pursuant to paragraphs (d), (e), 

and (g) of this section, and pursuant to 34 CFR 99.7 (Sec. 99.7 sets 

forth the notification requirements of the Family Educational Rights and 

Privacy Act of 1974). The notice must list and briefly describe the 

information and tell the student how to obtain the information. 

 (2) An institution that discloses information to enrolled students 

as required under paragraph (d), (e), or (g) of this section by posting 

the information on an Internet website or an Intranet website must 

include in the notice described in paragraph (c)(1) of this section-- 

 (i) The exact electronic address at which the information is posted; 

and 

 (ii) A statement that the institution will provide a paper copy of 

the information on request. 

 (d) General disclosures for enrolled or prospective students. An 

institution must make available to any enrolled student or prospective 

student, on request, through appropriate publications, mailings or 

electronic media, information concerning-- 

 (1) Financial assistance available to students enrolled in the 

institution (pursuant to Sec. 668.42); 

 (2) The institution (pursuant to Sec. 668.43); and 

 (3) The institution's completion or graduation rate and, if 

applicable, its 

[[Page 471]] 

transfer-out rate (pursuant to Sec. 668.45). In the case of a request 

from a prospective student, the information must be made available prior 

to the student's enrolling or entering into any financial obligation 

with the institution. 

 (e) Annual security report. (1) Enrolled students and current 

employees--annual security report. By October 1 of each year, an 

institution must distribute, to all enrolled students and current 

employees, its annual security report described in Sec. 668.46(b), 

through appropriate publications and mailings, including-- 

 (i) Direct mailing to each individual through the U.S. Postal 

Service, campus mail, or electronic mail; 
Appendix A 

159 

 (ii) A publication or publications provided directly to each 

individual; or 

 (iii) Posting on an Internet website or an Intranet website, subject 

to paragraphs (e)(2) and (3) of this section. 

 (2) Enrolled students--annual security report. If an institution 

chooses to distribute its annual security report to enrolled students by 

posting the disclosure on an Internet website or an Intranet website, 

the institution must comply with the requirements of paragraph (c)(2) of 

this section. 

 (3) Current employees--annual security report. If an institution 

chooses to distribute its annual security report to current employees by 

posting the disclosure on an Internet website or an Intranet website, 

the institution must, by October 1 of each year, distribute to all 

current employees a notice that includes a statement of the report's 

availability, the exact electronic address at which the report is 

posted, a brief description of the report's contents, and a statement 

that the institution will provide a paper copy of the report upon 

request. 

 (4) Prospective students and prospective employees--annual security 

report. The institution must provide a notice to prospective students 

and prospective employees that includes a statement of the report's 

availability, a description of its contents, and an opportunity to 

request a copy. An institution must provide its annual security report, 

upon request, to a prospective student or prospective employee. If the 

institution chooses to provide its annual security report to prospective 

students and prospective employees by posting the disclosure on an 

Internet website, the notice described in this paragraph must include 

the exact electronic address at which 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. 

 (5) Submission to the Secretary--annual security report. Each year, 

by the date and in a form specified by the Secretary, an institution 

must submit the statistics required by Sec. 668.46(c) to the Secretary. 

 (f) Prospective student-athletes and their parents, high school 

coach and guidance counselor--report on completion or graduation rates 

for student-athletes. 

 (1)(i) Except under the circumstances described in paragraph 

(f)(1)(ii) of this section, when an institution offers a prospective 

student-athlete athletically related student aid, it must provide to the 

prospective student-athlete, and his or her parents, high school coach, 

and guidance counselor, the report produced pursuant to Sec. 668.48(a). 

 (ii) An institution's responsibility under paragraph (f)(1)(i) of 

this section with reference to a prospective student athlete's high 

school coach and guidance counselor is satisfied if-- 

 (A) The institution is a member of a national collegiate athletic 

association; 

 (B) The association compiles data on behalf of its member 

institutions, which data the Secretary determines are substantially 

comparable to those required by Sec. 668.48(a); and 

 (C) The association distributes the compilation to all secondary 

schools in the United States. 

 (2) By July 1 of each year, an institution must submit to the 

Secretary the report produced pursuant to Sec. 668.48. 

 (g) Enrolled students, prospective students, and the public--report 

on athletic program participation rates and financial support data. 

(1)(i) An institution of higher education subject to Sec. 668.47 must, 
Appendix A 

160 

not later than October 15 of each year, make available on request to 

enrolled students, prospective students, and the public, the report 

produced pursuant to Sec. 668.47(c). The institution must make the 

report easily accessible to students, prospective students, and 

[[Page 472]] 

the public and must provide the report promptly to anyone who requests 

it. 

 (ii) The institution must provide notice to all enrolled students, 

pursuant to paragraph (c)(1) of this section, and prospective students 

of their right to request the report described in paragraph (g)(1) of 

this section. If the institution chooses to make the report available by 

posting the disclosure on an Internet website or an Intranet website, it 

must provide in the notice the exact electronic address at which the 

report is posted, a brief description of the report, and a statement 

that the institution will provide a paper copy of the report on request. 

For prospective students, the institution may not use an Intranet 

website for this purpose. 

 (2) An institution must submit the report described in paragraph 

(g)(1)(i) of this section to the Secretary within 15 days of making it 

available to students, prospective students, and the public. 

(Approved by the Office of Management and Budget under control number 

1845-0004 and 1845-0010) 

(Authority: 20 U.S.C. 1092) 

[64 FR 59066, Nov. 1, 1999] 
161 

APPENDIX B: 

CHECKLIST FOR CLERY ACT COMPLIANCE 
Appendix B 

162 

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Appendix B 

163 

Checklist for Clery Act Compliance 

This list is designed to help you determine if you are meeting the various components of Clery Act

compliance. It is not a substitute for reading the 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 

(Chapter 2), Clery Act requirements must be met for each one individually. 

I. Development, Disclosure and Implementation of Security Policies 

A. Mandatory for all institutions. 

B. On-going basis throughout the year. 

C. Your institution is required, per its Title IV Program Participation Agreement, to have a campus 

security policy. Certain specific policy components are required by the Clery Act and are identified 

in the handbook in Chapters 8 and 9. Your institution’s policy statements must accurately reflect 

how the policies are currently implemented. 

D. Do you have: 

1. An individual or office designated to ensure that your institution’s security policies are 

actively implemented as prescribed? ............................................................................... 

II. Campus Security Authorities (Chapter 4)

A. Mandatory for all institutions. 

B. On-going basis throughout the year. 

C. In addition to campus police or security personnel, if applicable, your institution must identify 

other individuals or offices with significant responsibility for student and campus activities. 

Alleged crimes reported to these authorities are then reported by these authorities to campus police 

or security, to local police, or to someone designated by the institution to collect such reports. 

D. Do you have: 

1. Designated campus security authorities who understand their functions and 

responsibilities?................................................................................................................ 

2. A person or office responsible for overseeing campus security authorities and ensuring 

the collection of crime reports?........................................................................................ 

III. Timely Warnings (Chapter 5)

A. Mandatory for all institutions. 

B. On-going basis throughout the year. 

C. Your institution must alert the campus community of any Clery Act crimes that are reported to 

campus security authorities or local police and are considered to represent a serious or continuing 

threat to students and employees. 

D. Do you have: 

1. A written timely warning policy? ..................................................................................... 

2. An individual or office responsible for issuing timely warnings? .................................... 

3. One or more methods of disseminating timely warnings?................................................ 

4. Communication with local police requesting their cooperation in informing the 

institution about crimes reported to them that may warrant timely warnings? ................ 
Appendix B 

164 

IV. The Daily Crime Log (Chapter 6) 

A. Mandatory for all institutions that maintain a campus police or security department. 

B. On-going basis throughout the year. 

C. Your institution must disclose all alleged criminal incidents, including non-Clery Act crimes, 

reported to the campus police or security department. 

D. Do you have: 

1. A hard copy or electronic crime log that records criminal incidents by the date 

reported, and which includes:

a) The nature of the crime?............................................................................................. 

b) The date and time the crime occurred? ...................................................................... 

c) The general location of the crime?............................................................................. 

d) The disposition of the complaint, if known?.............................................................. 

2. Public access to the log? ...................................................................................................

3. An individual or individuals responsible for maintaining the log on a daily basis? ......... 

V. Statistics From Local Police (Chapter 4) 

A. Mandatory for all institutions. 

B. Periodic basis throughout the year. 

C. Your institution must make a good-faith effort to collect crime statistics for all Clery Act crimes 

committed in applicable geographic locations from all police agencies with jurisdiction for your 

institution. 

D. Do you have: 

1. An individual or office responsible for requesting crime statistics from local and state 

police? .............................................................................................................................. 

2. Documentation of your institution’s efforts to obtain the statistics and documentation 

of any noncompliance on behalf of the police?................................................................ 

3. Statistics from all the appropriate police agencies with jurisdiction for your institution? 

VI. Report to ED Via the Web-based Data Collection (Chapter 11) 

A. Mandatory for all institutions. 

B. Annually each fall per letter from ED. 

C. Your institution is required to submit the crime statistics portion of the annual security report via 

the ED Web site each year. 

D. Do you have: 

1. An individual or office designated to enter and submit the statistics?.............................. 

VII. Annual Security Report (Chapters 7 – 10) 

A. Mandatory for all institutions. 

B. Publish and distribute annually by Oct. 1 to all enrolled students and all employees. Provide notice, 

as appropriate, to all prospective students and employees. 

C. This report has two main parts: 

1. Disclosure of crime statistics (by Clery Act geographic locations and by year reported). 

a) Do you have: 

(1) An individual or office responsible for collecting all crime reports from campus 

security authorities and local police for inclusion in the annual security report? 
Appendix B 

165 

(2) Crime statistics for: 

Offenses 

(a) Murder and non-negligent manslaughter ................................ 

(b) Negligent manslaughter .......................................................... 

(c) Forcible sex offenses............................................................... 

(d) Non-forcible sex offenses ....................................................... 

(e) Robbery................................................................................... 

(f) Aggravated assault .................................................................. 

(g) Burglary .................................................................................. 

(h) Motor vehicle theft ................................................................. 

(i) Arson ....................................................................................... 

(j) Hate crimes.............................................................................. 

Arrests 

(k) Weapons possession ............................................................... 

(l) Drug law .................................................................................. 

(m) Liquor law ............................................................................. 

Referrals 

(n) Weapons possession ............................................................... 

(o) Drug law ................................................................................. 

(p) Liquor law............................................................................... 

2. Disclosure of Policy Statements 

(a) Do you have statements addressing: 

(1) Procedures for reporting crimes and other emergencies, specifically including: 

(a) Timely warnings?......................................................................................... 

(b) Reporting crimes on a voluntary, confidential basis?.................................. 

(c) Preparing the annual security report?........................................................... 

(d) Titles of persons or organizations to whom crimes should be reported?..... 

(2) Policies concerning the security of, and access to, campus facilities, including 

campus residences, and security considerations used in the maintenance of 

campus facilities? .............................................................................................. 

(3) Policies concerning campus law enforcement, specifically including: 

(a) Enforcement authority of security personnel? ............................................. 

(b) Working relationship with state and local police agencies? ........................ 

(c) Arrest authority of security personnel?........................................................ 

(4) Policies and procedures encouraging accurate and prompt reporting of all 

crimes to campus police and local police? ........................................................ 

(5) Policy encouraging pastoral and professional counselors, if allowed by 

institution, to inform clients of voluntary, confidential crime reporting 

procedures?........................................................................................................ 

(6) Programs to inform students and employees about campus safety procedures 

and to encourage students and employees to be responsible for themselves 

and others with regard to safety, specifically including: 

(a) Types of programs?...................................................................................... 

(b) Frequency of programs? .............................................................................. 
Appendix B 

166 

(7) Programs to inform students and employees about crime prevention?.............. 

(8) Policy concerning monitoring and recording student off-campus criminal 

activity through local police, including student organizations with offcampus housing? ............................................................................................... 

(9) Alcohol policy? ................................................................................................. 

(10) Drug policy? .................................................................................................... 

(11) Description of drug or alcohol abuse education programs (may crossreference HEA materials)? .............................................................................. 

(12) Sexual assault programs to prevent sexual offenses and procedures if an 

offense occurs, specifically including: 

(a) Description of relevant educational programs?.......................................... 

(b) Procedures students should follow if sexually assaulted, specifically 

including: 

(i) Procedures regarding whom to contact? ................................................ 

(ii) Importance of preserving evidence? ..................................................... 

(iii) To whom the offense should be reported?........................................... 

(13) Information on a student’s option to notify law enforcement authorities, 

specifically including: 

(a) Campus and local police?........................................................................... 

(b) Statement that institution will assist the student with notification, if 

desired? ...................................................................................................... 

(14) Notification to students of on-and-off campus sex offender victim services? 

(15) Notification that institution will assist victim with changes in academic and 

living arrangements if desired and if available? .............................................. 

(16) Procedures for disciplinary action for alleged sex offenses, including a clear 

statement that: 

(a) Accuser and accused are entitled to same opportunities to have others 

present during a disciplinary proceeding? ............................................... 

(b) Accuser and accused must be informed of outcome of any institutional 

disciplinary proceeding alleging a sex offense? ...................................... 

(17) Sanctions the institution may impose following a final determination of a 

sex offense disciplinary proceeding?............................................................... 

(18) Statement advising campus community where law enforcement agency 

information provided by state concerning registered sex offenders may be 

obtained?.......................................................................................................... 

Remember, if your institution does not have a policy, 

procedure, practice, etc., for a category addressed 

in the regulations, you must say so. 
167 

APPENDIX C: 

CASE MANAGEMENT DIVISION CONTACT INFORMATION 
Appendix C 

168 

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Appendix C 

169 

The School Eligibility Channel—Case Management Teams 

Your Location Point of Contact Telephone No. Fax No. 

Alabama Atlanta Team (404) 562-6315 (404) 562-6321 

Alaska Seattle Team (206) 615-2594 (206) 615-2508 

American Samoa San Francisco Team (415) 556-4295 (415) 437-8206 

Arizona San Francisco Team (415) 556-4295 (415) 437-8206 

Arkansas Dallas Team (214) 880-3044 (214) 880-2462 

California San Francisco Team (415) 556-4295 (415) 437-8206 

Canal Zone New York Team (212) 264-4022 (212) 264-5025 

Colorado Denver Team (303) 844-3677 (303) 844-4695 

Connecticut Boston Team (617) 223-9338 (617) 223-4305 

Delaware Philadelphia Team (215) 656-6442 (215) 656-6499 

District of Columbia Philadelphia Team (215) 656-6442 (215) 656-6499 

Federated States of Micronesia San Francisco Team (415) 556-4295 (415) 437-8206 

Florida Atlanta Team (404) 562-6315 (404) 562-6321 

Georgia Atlanta Team (404) 562-6315 (404) 562-6321 

Guam San Francisco Team (415) 556-4295 (415) 437-8206 

Hawaii San Francisco Team (415) 556-4295 (415) 437-8206 

Idaho Seattle Team (206) 615-2594 (206) 615-2508 

Illinois Chicago Team (312) 886-8767 (312) 353-2836 

Indiana Seattle Team (206) 615-2594 (206) 615-2508 

Iowa Kansas City Team (816) 268-0410 (816) 823-1402 

Kansas Kansas City Team (816) 268-0410 (816) 823-1402 

Kentucky Kansas City Team (816) 268-0410 (816) 823-1402 

Louisiana Dallas Team (214) 880-3044 (214) 880-2462 

Maine Boston Team (617) 223-9338 (617) 223-4305 

Maryland Philadelphia Team (215) 656-6442 (215) 656-6499 

Massachusetts Boston Team (617) 223-9338 (617) 223-4305 

Michigan Denver Team (303) 844-3677 (303) 844-4695 

Minnesota Chicago Team (312) 886-8767 (312) 353-2836 

Mississippi Atlanta Team (404) 562-6315 (404) 562-6321 

Missouri Kansas City Team (816) 268-0410 (816) 823-1402 

Montana Denver Team (303) 844-3677 (303) 844-4695 

Nebraska Kansas City Team (816) 268-0410 (816) 823-1402 
Appendix C 

170 

The School Eligibility Channel—Case Management Teams (continued)

Your Location Point of Contact Telephone No. Fax No. 

Nevada San Francisco Team (415) 556-4295 (415) 437-8206 

New Hampshire Boston Team (617) 223-9338 (617) 223-4305 

New Jersey New York Team (212) 264-4022 (212) 264-5025 

New Mexico Dallas Team (214) 880-3044 (214) 880-2462 

New York New York Team (212) 264-4022 (212) 264-5025 

North Carolina Atlanta Team (404) 562-6315 (404) 562-6321 

North Dakota Denver Team (303) 844-3677 (303) 844-4695 

Northern Marianas San Francisco Team (415) 556-4295 (415) 437-8206 

Ohio Chicago Team (312) 886-8767 (312) 353-2836 

Oklahoma Dallas Team (214) 880-3044 (214) 880-2462 

Oregon Seattle Team (206) 615-2594 (206) 615-2508 

Pennsylvania Philadelphia Team (215) 656-6442 (215) 656-6499 

Puerto Rico New York Team (212) 264-4022 (212) 264-5025 

Republic of Palau San Francisco Team (415) 556-4295 (415) 437-8206 

Republic of the Marshall Islands San Francisco Team (415) 556-4295 (415) 437-8206 

Rhode Island Boston Team (617) 223-9338 (617) 223-4305 

South Carolina Atlanta Team (404) 562-6315 (404) 562-6321 

South Dakota Denver Team (303) 844-3677 (303) 844-4695 

Tennessee Kansas City Team (816) 268-0410 (816) 823-1402 

Texas Dallas Team (214) 880-3044 (214) 880-2462 

U.S. Virgin Islands New York Team (212) 264-4022 (212) 264-5025 

Utah Denver Team (303) 844-3677 (303) 844-4695 

Vermont Boston Team (617) 223-9338 (617) 223-4305 

Virginia Philadelphia Team (215) 656-6442 (215) 656-6499 

Washington Seattle Team (206) 615-2594 (206) 615-2508 

West Virginia Philadelphia Team (215) 656-6442 (215) 656-6499 

Wisconsin Chicago Team (312) 886-8767 (312) 353-2836 

Wyoming Denver Team (303) 844-3677 (303) 844-4695 
171 

Appendix D: 

Sample Map 
Appendix D 

172 
Appendix D 

173 

To view a current, color version of this map, please visit http://www.jmu.edu/pubsafety/RTKtable.shtml. 

Under the Right to Know Table of Contents, click on Map of Campus. 
Appendix D 

174 

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175 

Appendix E: 

Additional FBI Guidance on Crime Classification 
Appendix E 

176 

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Appendix E 

177 

UCR State Program Bulletin 02-1, March 2002 

Scoring Offenses in Which “Date Rape” Drugs are Used 

A local law enforcement agency recently asked for clarification on proper scoring, according to 

UCR definitions, of two scenarios involving a date rape drug. 

The Summary system defines forcible rape as “the carnal knowledge of a female forcibly and 

against her will” (Uniform Crime Reporting Handbook, 1984, page 10). 

The NIBRS definition of forcible rape is: 

The carnal knowledge of a person, forcibly and/or against that person’s 

will; or not forcibly or against the person’s will where the victim is 

incapable of giving consent because of his/her temporary or permanent 

mental or physical incapacity (or because of his/her youth) (UCR 

Handbook, NIBRS Edition, 1992, page 21). 

Scenario #1: A male slipped a date rape drug into a woman’s drink. Before he could lure the 

victim away from her friends, however, someone noticed what he had done and summoned the 

police. A police officer found the drug and the identity of the suspect. He determined that the 

suspect had administered the date rape drug with the intent to incapacitate the woman and 

commit a sexual assault. 

Because the offender used the date rape drug to physically incapacitate the woman and intended 

to commit a sexual act “forcibly” and “against her will,” the reporting agency should classify the 

offense as an attempted forcible rape. Agencies that report data via the Summary system should, 

“Score one offense for each female raped or upon whom an assault to rape or attempt to rape has 

been made” (UCR Handbook, 1984, page 10). Agencies that report data via NIBRS should 

capture Data Element 6, UCR Offense Code, as 11A Forcible Rape, and enter Data Element 7, 

Offense Attempted/Completed, as A = Attempted. 

Scenario #2: An officer ascertained that a male had slipped a date rape drug into a woman’s 

drink, but he was unable to determine the perpetrator’s intent. 

Because the investigating officer was unable to determine the suspect’s intention, the incident 

cannot be counted as an attempted rape. Since the UCR Program considers a date rape drug as a 

poison and poisoning is among the offenses included in aggravated assault, this offense should 

be classified as an aggravated assault. (See UCR Handbook, 1984, page 16.)
Appendix E 

178 

U.S. Department of Justice

Federal Bureau of Investigation 

Clarksburg, WV 26306 

March 10, 2000 

(name deleted) 

Director 

University Police 

George Washington University 

University Police 

2033 G Street, N.W. 

Washington, DC 20052 

Dear (name deleted): 

Reference is made to your February 22, 2000, letter in which you requested assistance with 

Uniform Crime Reporting (UCR) Program procedures. In your letter, you presented the 

following scenario: 

1. If a student living in a residence hall room with other students reports an item missing 

from his/her room, some people are of the opinion that the incident should be recorded as a 

theft and not as a burglary, because the other students in the room have the "opportunity" 

to take the item.

Based on this scenario, the following are responses to your questions: 

What is your opinion regarding this scenario? Classify this as Larceny or Burglary-

-unlawful entry --no force?

According to the scenario, if an item is missing from a structure and it is unknown who 

took the item, the proper classification would be Burglary. Page 20 of the Federal Bureau 

of Investigation's (FBI's) UCR Handbook defines Burglary--Breaking or Entering as 

"the unlawful entry of a structure to commit a felony or a theft." 

If, on the other hand, a resident having lawful access to the structure takes an item from 

another resident, the proper classification would be Larceny--theft. Page 24 of the UCR 

Handbook defines Larceny--theft as "the unlawful taking, carrying, leading, or riding 

away of property from the possession or constructive possession of another." 

Does the answer to this scenario change if the room is left unlocked or opened 

versus being locked by the last person who left the room?

Page 21 of the FBI's UCR Handbook states, 

5.a. Burglary--Forcible Entry

Count all offenses where force of any kind is used to unlawfully enter a structure 

for the purpose of committing a theft or felony. This act includes entry by use of 
Appendix E 

179 

tools, breaking windows; forcing windows, doors, transoms, or ventilators; 

cutting screens, walls, or roofs; and where known, the use of master keys, picks, 

unauthorized keys, celluloid, or other devices which leave no outward mark but 

are used to force a lock. Burglary by concealment inside a building followed by 

the exiting of the structure is included in this category. 

5.b. Burglary--Unlawful Entry-No Force

The entry in these burglary situations involves no force and is achieved by use of 

an unlocked door or window. The element of trespass to the structure is essential 

in this classification, which includes thefts from open garages, open warehouses, 

open or unlocked dwellings, and open or unlocked common basement areas in 

apartment houses where entry is committed other than by the tenant who has 

lawful access. If the area entered was one of open access, thefts from the area 

would not involve an unlawful trespass and would be scored as larceny. 

Again, when a resident having lawful access to a structure takes an item from another 

resident, the proper classification would be Larceny--theft. However, if a person, other 

than a resident, enters an unlocked structure (room), or one where the door was left open, 

the proper classification would be Burglary--Unlawful Entry No Force. 

2. If housekeeping and maintenance personnel have keys and are authorized to gain access 

and did gain access during the time period of the theft, how would you classify the 

incident?

5.a. Burglary--Forcible Entry 

3. If a student lives alone in a residence hall room, it seems clearer to people that they 

should follow the definitions of forcible entry, if the room was locked by the student or 

unlawful entry--no force, if the student left the door unlocked. Is that a correct assessment?

As stated previously, offenses where force of any kind is used to unlawfully enter a 

structure for the purpose of committing a theft or felony are classified as a Burglary--

Forcible Entry. 

If entry is achieved by use of an unlocked door or window, the proper classification 

would be Burglary--Unlawful Entry--No Force. 

4. Is there anything else in the definition of burglary as listed in the UCR Handbook that 

we should take into consideration when classifying incidents of larceny and burglary in 

residence hall facilities?

By citing the reference material contained in the FBI's Uniform Crime Reporting 

Handbook, I believe we have addressed all related concerns. 
Appendix E 

180 

I am glad to provide you and your agency this information. I hope you find it helpful. If you have 

any further questions, please contact (name deleted) at 304-625-2859 or 1-888-827-6427. 

Sincerely yours, 

[signed (name deleted)] 

(name deleted) 

Chief 

Programs Support Section 

Criminal Justice Information Services Division 

INFORMAL NOTE

April 25, 2000 

This is in reference to the attached response to (name deleted), Director, University Police, 

George Washington University, dated March 10, 2000. (name deleted) was contacted by (name 

deleted) of the Education/Training Services Unit. The following clarification was made to 

scenario #l: 

1. If a student living in a residence hall room with other students reports an item 

missing from his/her room, some people are of the opinion that the incident should 

be recorded as a theft and not as a burglary, because the other students in the room 

have the "opportunity" to take the item.

Based on this scenario, the following are responses to your questions: 

What is your opinion regarding this scenario? Classify this as Larceny or 

Burglary-unlawful entry-no force?

According to the scenario, if an item is missing from a structure and it is 

unknown who took the item, and the investigating officer has exhausted all 

avenues leading toward the offense of Larceny--theft, then the proper 

classification would be Burglary. Page 20 of the Federal Bureau of Investigation's 

(FBI's) UCR Handbook defines Burglary-Breaking or Entering as "the 

unlawful entry of a structure to commit a felony or a theft." 

One has to be cognizant of the fact that especially in the college dormitory setting many 

variables could be present. There is no "all encompassing" answer without first relying on the 

discretion of the investigating officer. A decision on the proper classification should not be made 

until all the facts are collected and analyzed. The whole premise of UCR is the application of 

facts known in each case to the Index Crime definitions set forth in the FBI's UCR Handbook. 

Attachments 

Please refer to the response correspondence dated March 10, 2000, as the attachment. 

Thank you in advance. 
181 

APPENDIX F: 

SAMPLE STATISTICAL REPORTING TEMPLATES 
Appendix F 

182 

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Appendix F 

183 

TEMPLATE A 

OFFENSE LOCATION YEAR YEAR YEAR 

ON CAMPUS 

**RESIDENTIAL FACILITIES 

NONCAMPUS 

PUBLIC PROPERTY 

MURDER / NON-NEGLIGENT 

MANSLAUGHTER 

OPTIONAL TOTAL 

ON CAMPUS 

**RESIDENTIAL FACILITIES 

NONCAMPUS 

PUBLIC PROPERTY 

NEGLIGENT MANSLAUGHTER 

OPTIONAL TOTAL 

ON CAMPUS 

**RESIDENTIAL FACILITIES 

NONCAMPUS 

PUBLIC PROPERTY 

SEX OFFENSES, FORCIBLE 

OPTIONAL TOTAL 

ON CAMPUS 

**RESIDENTIAL FACILITIES 

NONCAMPUS 

PUBLIC PROPERTY 

SEX OFFENSES, NON-FORCIBLE 

OPTIONAL TOTAL 

ON CAMPUS 

**RESIDENTIAL FACILITIES 

NONCAMPUS 

PUBLIC PROPERTY 

ROBBERY 

OPTIONAL TOTAL 

ON CAMPUS 

**RESIDENTIAL FACILITIES 

NONCAMPUS 

PUBLIC PROPERTY 

AGGRAVATED ASSAULT 

OPTIONAL TOTAL 

ON CAMPUS 

**RESIDENTIAL FACILITIES 

NONCAMPUS 

PUBLIC PROPERTY 

BURGLARY 

OPTIONAL TOTAL 

ON CAMPUS 

**RESIDENTIAL FACILITIES 

NONCAMPUS 

PUBLIC PROPERTY 

MOTOR VEHICLE THEFT 

OPTIONAL TOTAL 

ON CAMPUS 

**RESIDENTIAL FACILITIES 

NONCAMPUS 

PUBLIC PROPERTY 

ARSON 

OPTIONAL TOTAL 

ON CAMPUS 

**RESIDENTIAL FACILITIES 

NONCAMPUS 

PUBLIC PROPERTY 

LIQUOR LAW ARRESTS 

OPTIONAL TOTAL 

ON CAMPUS 

**RESIDENTIAL FACILITIES 

NONCAMPUS 

PUBLIC PROPERTY 

LIQUOR LAW VIOLATIONS 

REFERRED FOR DISCIPLINARY 

ACTION 

OPTIONAL TOTAL 

ON CAMPUS 

**RESIDENTIAL FACILITIES 

NONCAMPUS 

PUBLIC PROPERTY 

DRUG LAW ARRESTS 

OPTIONAL TOTAL 

ON CAMPUS 

**RESIDENTIAL FACILITIES 

NONCAMPUS 

PUBLIC PROPERTY 

DRUG LAW VIOLATIONS 

REFERRED FOR DISCIPLINARY 

ACTION 

OPTIONAL TOTAL 
Appendix F 

184 

TEMPLATE A (continued) 

OFFENSE LOCATION YEAR YEAR YEAR 

ON CAMPUS 

**RESIDENTIAL FACILITIES 

NONCAMPUS 

PUBLIC PROPERTY 

ILLEGAL WEAPONS POSSESSION 

ARRESTS 

OPTIONAL TOTAL 

ON CAMPUS 

**RESIDENTIAL FACILITIES 

NONCAMPUS 

PUBLIC PROPERTY 

ILLEGAL WEAPONS POSSESSION 

VIOLATIONS REFERRED FOR 

DISCIPLINARY ACTION 

OPTIONAL TOTAL 

**CRIMES REPORTED IN THE RESIDENTIAL FACILITIES COLUMN ARE INCLUDED IN THE ON-CAMPUS CATEGORY. 
Appendix F 

185 

TEMPLATE B 

OFFENSE YEAR 

ON 

CAMPUS 

PROPERTY 

**RESIDENTIAL 

FACILITIES 

NONCAMPUS 

PROPERTY 

PUBLIC 

PROPERTY 

OPTIONAL 

TOTAL 

 MURDER / NON-NEGLIGENT 

MANSLAUGHTER 

NEGLIGENT MANSLAUGHTER 

 

SEX OFFENSES, FORCIBLE 

 

SEX OFFENSES, NON-FORCIBLE 

 

ROBBERY 

 

AGGRAVATED ASSAULT 

 

BURGLARY 

 

MOTOR VEHICLE THEFT 

 

ARSON 

 

LIQUOR LAW ARRESTS 

 

LIQUOR LAW VIOLATIONS 

REFERRED FOR DISCIPLINARY 

ACTION 

DRUG LAW ARRESTS 

 

DRUG LAW VIOLATIONS 

REFERRED FOR DISCIPLINARY 

ACTION 

ILLEGAL WEAPONS POSSESSION 

ARRESTS 

ILLEGAL WEAPONS POSSESSION 

VIOLATIONS REFERRED FOR 

DISCIPLINARY ACTION 

**CRIMES REPORTED IN THE RESIDENTIAL FACILITIES COLUMN ARE INCLUDED IN THE ON-CAMPUS CATEGORY. 
186 

TEMPLATE C ON CAMPUS **RESIDENTIAL FACILITIES NONCAMPUS PUBLIC PROPERTY OFFENSE 

YEAR YEAR YEAR YEAR YEAR YEAR YEAR YEAR YEAR YEAR YEAR YEAR 

MURDER / NON-NEGLIGENT MANSLAUGHTER NEGLIGENT MANSLAUGHTER SEX OFFENSES, FORCIBLE SEX OFFENSES, NON-FORCIBLE ROBBERY AGGRAVATED ASSAULT BURGLARY MOTOR VEHICLE THEFT ARSON LIQUOR LAW ARRESTS LIQUOR LAW VIOLATIONS REFERRED FOR DISCIPLINARY ACTION DRUG LAW ARRESTS DRUG LAW VIOLATIONS REFERRED FOR DISCIPLINARY ACTION ILLEGAL WEAPONS POSSESSION ARRESTS ILLEGAL WEAPONS POSSESSION VIOLATIONS REFERRED FOR DISCIPLINARY ACTION OPTIONAL TOTAL 

**CRIMES REPORTED IN THE RESIDENTIAL FACILTIES COLUMN ARE INCLUDED IN THE ON-CAMPUS CATEGORY. 
187

TEMPLATE D 

All On-Campus Property Non-Campus Property Public Property O

Reported 

to UPD 

1 

Reported 

to MPD

2 

Reported 

to NonPolice

3 

SUBTOTAL

Reported 

to UPD

1 

Reported 

to MPD

2 

Reported 

to NonPolice

3 

SUBTOTAL

Reported 

to UPD 

1 

Reported 

to MPD

2 

Reported 

to NonPolice

3 

SUBTOTAL

GRAND 

TOTAL

Re

to 

Murder/Non-Negligent Manslaughter 

Negligent Manslaughter 

Robbery 

Aggravated Assault Motor Vehicle Theft 

Arson 

BURGLARY TOTAL 

Forcible Burglary 

Non-Forcible Burglary 

Attempted Burglary 

SEX OFFENSES, FORCIBLE 

(TOTAL) 

Forcible Rape 

Forcible Sodomy 

Sexual Assault with Object 

Forcible Fondling 

SEX OFFENSES, NON-FORCIBLE 

(TOTAL) 

Incest 

Statutory Rape 

Larceny** N/A N/A N/A 

Liquor Law Arrests 

Liquor Law Violations Referred for 

Disciplinary Action N/A N/A N/A 

Drug Law Arrests 

Drug Law Violations Referred for 

Disciplinary Action N/A N/A N/A 

Illegal Weapons Possession Arrests 

Illegal Weapons Possession 

Violations Referred for Disciplinary 

Action 

N/A N/A N/A 

**Denotes statistics not required by law. 
Appendix F 

188 

Crime Incident Report Form 

This form should be completed by those individuals identified as “campus security authorities” who are 

required to report information they receive about specified crimes (described below) pursuant to the 

federal Clery Act. The information collected from these forms will be used to prepare a compilation of 

statistical crime information that will be included in the campus’ Annual Security Report. 

It is the policy of the University of California to ensure that victims and witnesses to crime are aware of 

their right to report criminal acts to the police, and to report University policy violations to the appropriate 

office (e.g., student conduct violations to the Office of Student Judicial Affairs). However, if a 

reporting person requests anonymity, this request must be honored to the extent permitted by law. 

Accordingly, no information should be included on this form that would personally identify the 

victim without his/her consent. 

Campus Police will use this form to determine the category of crime and location under which the crime 

should be reported according to the requirements of the Clery Act. Please forward this completed form 

to: [Chief of Campus Police Department] [Address]. 

Person Receiving Report: ____________________________ Phone Number: ________________ 

Report Made by: 

______Victim 

______Third Party Please identify relationship to victim: ______________________________________ 

Date and Time the Incident occurred: _____________________________________________________ 

Description of the incident or crime: ______________________________________________________ 

___________________________________________________________________________________ 

___________________________________________________________________________________ 

___________________________________________________________________________________ 

___________________________________________________________________________________ 

___________________________________________________________________________________ 

___________________________________________________________________________________ 
Appendix F 

189 

Location of Incident 

Identify building name, address, etc.; be as specific as possible): ________________________________ 

___________________________________________________________________________________ 

The location where this incident occurred was: 

______ On campus, but not in student housing 

______ On campus student housing 

______ Off-campus affiliated property (owned, controlled, or affiliated with the campus; e.g., 

leased property, fraternity, student co-op) 

______ Off-campus public property immediately adjacent to campus 

______ Off-campus, NOT affiliated with or not adjacent to campus 

______ Unknown 

Sex Offenses 

Examples of sex offenses are rape, sodomy, sexual assault with an object, fondling, incest, and statutory 

rape. 

Was this crime a sexual offense ? ______ Yes ______ No 

If yes, were the victim and the assailant acquainted? ______ Yes ______ No 

If yes, were either the victim or the assailant under the influence of alcohol or drugs? 

Victim: ______ No Yes, alcohol ______ Yes, drugs _____ 

Assailant: ______ No Yes, alcohol ______ Yes, drugs _____ 

Hate Crimes 

Hate crime information is required to be reported for each of the following crimes (criminal homicide, 

sex offense, robbery, aggravated assault, burglary, motor vehicle theft, and arson) and for any other 

crime involving bodily injury. 

Was this incident motivated by hate or bias? ______ Yes ; ______ No . 

If yes, identify the category of prejudice: 

______ Race ______ Ethnicity ______ National Origin 

______ Religion ______ Disability ______ Sexual Orientation 

If yes, provide a brief explanation of the determination: _______________________________________ 

Alcohol, Drug and Weapons Law Violations 

Check all that apply: 

______ Alcohol ______ Drugs ______ Weapons Describe: ________________ 

Number of individuals arrested or referred for campus disciplinary action: _______________________
Appendix F 

190 

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191 

Appendix G: 

Section 102(a)–(d) of the 

Higher Education Act 
Appendix G 

192 

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Appendix G 

193 

SEC. 120. DRUG AND ALCOHOL ABUSE PREVENTION.

(a) RESTRICTION ON ELIGIBILITY- Notwithstanding any other provision of law, no institution of 

higher education shall be eligible to receive funds or any other form of financial assistance under any 

Federal program, including participation in any federally funded or guaranteed student loan program, 

unless the institution certifies to the Secretary that the institution has adopted and has implemented a 

program to prevent the use of illicit drugs and the abuse of alcohol by students and employees that, at a 

minimum, includes-- 

(1) the annual distribution to each student and employee of-- 

(A) standards of conduct that clearly prohibit, at a minimum, the unlawful possession, 

use, or distribution of illicit drugs and alcohol by students and employees on the 

institution’s property or as part of any of the institution’s activities; 

(B) a description of the applicable legal sanctions under local, State, or Federal law for 

the unlawful possession or distribution of illicit drugs and alcohol; 

(C) a description of the health-risks associated with the use of illicit drugs and the abuse 

of alcohol; 

(D) a description of any drug or alcohol counseling, treatment, or rehabilitation or reentry programs that are available to employees or students; and 

(E) a clear statement that the institution will impose sanctions on students and employees 

(consistent with local, State, and Federal law), and a description of those sanctions, up to 

and including expulsion or termination of employment and referral for prosecution, for 

violations of the standards of conduct required by subparagraph (A); and 

(2) a biennial review by the institution of the institution’s program to-- 

(A) determine the program’s effectiveness and implement changes to the program if the 

changes are needed; and 

(B) ensure that the sanctions required by paragraph (1)(E) are consistently enforced. 

(b) INFORMATION AVAILABILITY- Each institution of higher education that provides the 

certification required by subsection (a) shall, upon request, make available to the Secretary and to the 

public a copy of each item required by subsection (a)(1) as well as the results of the biennial review 

required by subsection (a)(2). 

(c) REGULATIONS- 

(1) IN GENERAL- The Secretary shall publish regulations to implement and enforce the 

provisions of this section, including regulations that provide for-- 

(A) the periodic review of a representative sample of programs required by subsection 

(a); and 

(B) a range of responses and sanctions for institutions of higher education that fail to 

implement their programs or to consistently enforce their sanctions, including 
Appendix G 

194 

information and technical assistance, the development of a compliance agreement, and 

the termination of any form of Federal financial assistance. 

(2) REHABILITATION PROGRAM- The sanctions required by subsection (a)(1)(E) may 

include the completion of an appropriate rehabilitation program. 

(d) APPEALS- Upon determination by the Secretary to terminate financial assistance to any institution of 

higher education under this section, the institution may file an appeal with an administrative law judge 

before the expiration of the 30-day period beginning on the date such institution is notified of the decision 

to terminate financial assistance under this section. Such judge shall hold a hearing with respect to such 

termination of assistance before the expiration of the 45-day period beginning on the date that such appeal 

is filed. Such judge may extend such 45-day period upon a motion by the institution concerned. The 

decision of the judge with respect to such termination shall be considered to be a final agency action. 
Index 

195 

Index 

A 

administrative division. See also separate campus............19 

aggravated assault..................................... 24, 31–33, 40, 78 

 classifications of .................................................32–33 

 counting ..............................................................32, 75 

 definition of ..............................................................31 

 examples of...............................................................33 

alcohol 

 arrests. See under arrests, crimes disclosed under, 

liquor law violations 

 policies. See alcohol policies 

 referrals for disciplinary action. See under referrals for 

 disciplinary action, crimes disclosed under, liquor 

 law violations 

alcohol policies 

 regarding alcohol abuse education ..........................100 

 sample policy statement..................................101 

 regarding alcoholic beverages and enforcement 

 of laws ..................................................................99 

 sample policy statement....................................99 

annual security report.............. 4, 5, 6, 11, 82–83, 85, 87–88 

 cite for.........................................................................5 

 description of ..........................................................113 

 disclosures in 

 crime statistics.............................................81–83 

 policy statements........................... 11, 85, 87–110 

 distributing ..................................................... 111–114 

 deadline for .....................................................111 

 methods of .............................................. 112–113 

 recipients of............................................. 112–113 

 notice ......................................................................112 

 sample notice ..................................................113

 policy statement on preparing...................................88 

 sample policy statement..............................88, 90 

 publishing ............................................... 5, 6, 111, 112 

 records retention ...............................................73, 114 

 separate campus......................................................112 

arrests...........................24, 44–46, 47, 48, 76–77, 78, 83, 84 

 cite for.......................................................................44 

 counting ...................................... 44, 45, 46, 76–77, 78 

 crimes disclosed under..............................................44 

 drug law violations, definition of .....................47 

 illegal weapons possession, definition of..........46 

 liquor law violations, definition of....................48 

 definition of ..............................................................45 

 entering statistics for................................... 82–83, 125 

 examples of 

 for drug law violations ......................................47 

 for illegal weapons possession ..........................46 

 for liquor law violations....................................48 

 juveniles ..................................................................45 

arson......................................................................24, 38–40

 classifications of................................................. 38–40 

 counting.............................................................. 38, 76 

 definition of.............................................................. 38 

 examples of .............................................................. 40 

 hierarchy rule, exception to ...........................39–40, 78 

 investigation of......................................................... 38 

assaults to murder. See also attempted crimes 

attempted murder. See also attempted crimes 

attempted crimes .............................................................. 79 

B 

bias. See under hate crimes, categories of bias 

branch campus. See also separate campus ................. 19, 56 

burglary ...............................................11, 24, 34–36, 75, 78 

 classifications of................................................. 35–36 

 counting.........................................................34, 75, 78 

 definition of.............................................................. 34 

 examples of .............................................................. 36 

 in dormitories..................................................... 34–35 

business day, definition of................................................ 69 

C 

campus. See on-campus 

campus police or security department ..4, 6, 9, 10–11, 49, 

67, 68, 71, 83, 92–

94 

 as campus security authorities.........................5, 51, 85 

 crime log requirement ..........4, 6, 9, 10–11, 67, 68, 69 

 description of...................................................... 10–11 

 patrol jurisdiction of ................................................. 67 

 policies pertaining to .....................................11, 92–94 

 crime reporting ................................................ 94 

 sample policy statement............................ 94 

 enforcement authority of ............................ 92–93 

 sample policy statement (arrest authority) 92 

 sample policy statement (no arrest 

 authority) .............................................. 93 

 sex offender information ........................................ 108 

campus security authorities............4, 5, 49–53, 61, 89, 114 

 cite for .................................................................. 5, 49 

 collecting crime reports from ......................4, 5, 52, 79 

 definition of.....................................................5, 49–50 

 examples of who to include...................................... 50 

 examples of who not to include................................ 50 

 exemptions .............................................................. 51 

 function of ................................................................ 50 

 good faith ................................................................. 50 

 recommendations with regard to ........................ 51–52 
Index 

196 

 residence advisors, residence assistants ....................50 

 sample letter to....................................................52–53 

 timely warnings and..................................................61 

campus security department. See campus police or security 

department 

caveat, use of ........................................ 80, 81–82, 122, 128 

citation. See under arrests, definition of 

civil penalty for noncompliance..........................................7 

Clery Act. See Jeanne Clery Disclosure of Campus Security 

 Policy and Campus Crime Statistics Act (Clery Act) 

confidential reporting. See voluntary confidential reporting 

contract, written. See under third party, written contract 

with 

controlled by. See owned or controlled by 

counselors. See pastoral counselor; professional counselor 

counting crimes.................24, 25, 26, 27, 31, 32, 34, 36, 38, 

 44, 45, 46, 75–81 

 attempted crimes.......................................................79 

 distinct operation, definition of.................................31 

 officer discretion.................................................76, 77 

 hierarchy rule (for multiple incidents) .... 39–40, 78–79 

 exception to ................................................78–79 

 zero, use of ........................................... 13, 17, 83, 122

Crime Awareness and Campus Security Act.......................3 

crimes. See the following individual crimes: criminal 

homicide, sex offenses, robbery, aggravated assault, 

burglary, motor vehicle theft, arson, hate crimes, arrests, 

and referrals for disciplinary action 

crimes involving bodily injury. See also hate crimes..24, 40 

criminal homicide ........................................... 24, 25–26, 39 

 murder and non-negligent manslaughter....... 25–26, 78 

 classifying .........................................................25 

 counting ......................................................25, 75 

 definition of.......................................................25 

 examples of.......................................................26 

 negligent manslaughter .........................................26 

 classifying .........................................................26 

 counting ......................................................26, 75 

 definition of.......................................................26 

 example of ........................................................26 

crime log................................. 4, 5, 6, 9, 10, 11, 67–71, 113 

 annual security report, relation to..............................71 

 archiving ..........................................................71, 114 

 availability of............................................ 5, 6, 71, 113 

 campus police or security department.......6, 9, 11 

 cite for.....................................................4,10, 67 

 creating .............................................................68 

 criminal incidents to include .............................68 

 entries................................................................67 

 additions to, changes in.............................69 

 exceptions ...........................................69–70 

 timeframe for ............................................69 

 updates to ..................................................70 

 geographic locations .................................67 

 institutions exempt from maintaining ....... 11 

 maintaining......................................... 68–70 

 patrol jurisdiction of campus police or 

 security department............................... 67 

 required information........................... 69–70 

 sample log................................................. 68 

 state crime log .................................... 67, 70 

 unfounded crimes ..................................... 70 

 withholding information........................... 70 

criminal incidents. See under reported crimes, 

definition of; crime log, criminal incidents to include 

D 

daily crime log. See crime log 

discretion, law enforcement officer............................ 76, 77 

disciplinary referrals. See referrals for disciplinary action 

distance education ............................................................ 20 

distinct operation, definition of See under counting crimes 

documentation................. 54, 55, 56, 68, 70, 76, 77, 81, 114 

 annual security report, supporting records........ 81, 114 

 crime log .......................................................54, 68, 70 

 record keeping.................................................... 1, 3, 4 

 law enforcement officer discretion ..................... 76, 77 

 local police ......................................................... 55, 56 

 timely warnings...................................................... 114 

dormitories and residences for students. See also

geographic locations, dormitories or residential facilities 

for students on-campus......................................13, 38, 82 

 as a subset of on-campus.................................... 13, 82 

 cite for .................................................................. 13 

double counting, avoiding ................................................ 75 

drug law violations. See under arrests, crimes disclosed 

under; referrals for disciplinary action, crimes disclosed 

under 

drug policies......................................................86, 100–101 

 addressed in annual security report .................100–101 

 regarding drug abuse education...................... 101 

 regarding illegal drugs and enforcement 

 of laws.................................................... 100 

 sample statements............................................100, 101 

 regarding drug abuse education...................... 101 

 regarding illegal drugs and enforcement 

 of laws.................................................... 100 

E 

entering statistics in the annual security 

 report ...........................................................13, 17, 82–83 

exchange programs, disclosing crimes for........................ 20 

exemptions, reporting................................................. 51, 62 

 pastoral counselor............................................... 51, 62 

 professional counselor........................................ 51, 62 

 timely warnings........................................................ 62 

excluded crimes................................................................ 80 
Index 

197 

F 

false or baseless crimes. See unfounded crimes 

Family Educational Rights and Privacy Act 

 (FERPA) ....................................................... 63, 105, 109 

 disciplinary proceedings and...................................105 

 sex offender information policy and .......................108 

 timely warning and ...................................................63 

FBI. See Federal Bureau of Investigation (FBI) 

Federal Bureau of Investigation (FBI) ..........................1, 44 

 cite for.......................................................................24 

 Uniform Crime Reporting Handbook........................24 

 Uniform Crime Reporting Handbook, 

 NIBRS edition...............................................27, 103 

 Hate Crime Data Collection Guidelines.............40, 41 

 Training Guide for Hate Crime Data 

 Collection..............................................................41 

FERPA. See Family Educational Rights and Privacy Act

(FERPA) 

field trips, disclosing crimes for........................................17 

foreign institutions, U.S.-owned ................................19, 56 

fraternities....................................................... 12, 14, 98–99 

 monitoring of ............................................................98 

 policy statement ................................................98 

 sample policy statements ............................98–99 

 noncampus..........................................................12, 14 

 on campus...........................................................12, 14 

G 

geographic locations ....................................... 11–20, 82, 84 

 cite for.......................................................................11 

 crime log ..................................................................67 

 dormitories or residential facilities for students 

 on-campus.............................................................13 

 hate crimes..........................................................40–41 

 on campus..................................................... 11, 12–13 

 cite for...............................................................12 

 definition of.......................................................12 

 dormitories and residential facilities for 

 students, as a subset of ..............................13, 123 

 cite for.......................................................13 

 examples of........................................... 12–13, 14 

 noncampus.................................................... 11, 13–17 

 cite for...............................................................13 

 definition of.................................................13–14 

 examples of what to include.................. 14, 15–16 

 examples of what not to include............ 14, 16–17 

 patrol jurisdiction of campus police .........................67 

 public property........................................ 11, 17–18, 20 

 cite for...............................................................17 

 definition of.......................................................17 

 parks and one mile suggestion ..........................18 

 parking facilities................................................18 

good faith ................................................................... 23, 50 

 campus security authorities ................................ 23, 50 

 reported crimes......................................................... 23 

good-faith effort. See under local and state police 

H 

handbook questions, e-mail address for ................. 2, 18, 35 

 back cover 

hate crimes ...................... 11, 24, 40–44, 76, 78, 79, 84, 124 

 categories of prejudice...................................40–41, 84 

 cautions with regard to ....................................... 43–44

 cite for ...................................................................... 40 

 classification guidelines ..................................... 41–43 

 counting.................................................................... 76 

 crimes involving bodily injury ........................... 24, 40 

 definition of........................................................ 40–41 

 entering statistics for ........................................ 84, 124 

 geographic location and...................................... 11, 40 

 hierarchy rule, exception to ................................ 78, 79 

health clinic................................................................ 13, 50 

hierarchy rule. See under counting crimes 

I 

International Association of College Law Enforcement 

Administrators (IACLEA).............................................. 1 

illegal weapons possession. See under arrests, crimes 

disclosed under; referrals for disciplinary action, crimes 

disclosed under

institutional policies, violation of..................................... 44 

J 

Jeanne Clery Disclosure of Campus Security Policy and 

Campus Crime Statistics Act (Clery Act).................... 3–7 

 compliance requirements for .................................. 3–6 

 legislation ................................................................... 3 

 noncompliance with ................................................... 7 

juveniles. See under arrests 

L 

liquor law violations. See under arrests, crimes disclosed 

under; referrals for disciplinary action, crimes disclosed 

under 

local and state police .................................................. 49, 50 

 cite for ........................................................................ 4 

 good-faith effort ................................4, 54, 55, 56, 121 

 institutions in foreign countries ................................ 56 

 requesting crime statistics from...........54–56, 121, 126 

 sample letter requesting crime statistics ................... 57 

 timely warning and............................................. 61, 62 
Index 

198 

M 

map, use of........................................................................18 

 annual security report................................................18 

 separate campuses.....................................................18 

mediation. See referrals for disciplinary action 

Megan’s laws. See sex offender registration information 

motor vehicle theft.................................... 24, 36–38, 76, 78 

 classifications of .......................................................37 

 counting ..............................................................36, 76 

 definition of ..............................................................36 

 examples of...............................................................38 

murder or murder and non-negligent manslaughter. See 

under criminal homicide 

N 

negligent manslaughter. See under criminal homicide 

NIBRS See under Federal Bureau of Investigation (FBI) 

noncampus. See under geographic locations 

noncompliance. See under Jeanne Clery Disclosure of 

Campus Security Policy and Campus Crime Statistics 

Act (Clery Act) 

O 

Office of Case Management and Oversight. See School 

Eligibility Channel 

official, definition of.........................................................50 

on-campus. See under geographic locations 

owned or controlled by, definition of................................12 

P 

parking facilities. See under geographic locations, 

public property 

patrol jurisdiction of campus police or security department. 

See under crime log 

pastoral counselor ................................................. 51, 62, 95 

preferred leasing ...............................................................17 

professional counselor .......................................... 51, 62, 95 

personally identifying information 

 cite for, prohibition of...............................................79 

 timely warning ..........................................................62 

police. See campus police or security department; 

local and state police 

policy statements .............................................. 5, 9, 85–110 

 cite for.......................................................................85 

 categories addressed in Annual Security 

 Report ...................................................... 4, 87–110 

 alcohol use ........................................................99 

 sample policy statement ............................99 

 campus law enforcement .............................. 4, 92 

 sample policy statement (arrest 

 authority) ........................................ 92–93 

 sample policy statement (without arrest 

 authority) .............................................. 93 

 crime prevention programs............................... 97 

 sample policy statement............................ 97 

 criminal activity off campus............................. 98 

 sample policy statement (police 

 monitored) ............................................ 98 

 sample policy statement (not police 

 monitored) ............................................ 99 

 drug use .......................................................... 100 

 sample policy statement.......................... 100 

 encouraging accurate and prompt crime 

 reporting ....................................................... 94 

 sample policy statement............................ 94 

 procedures for counselors................................. 95 

 sample policy statement (confidential 

 reporting).............................................. 95 

 sample policy statement (no confidential 

 reporting).................................................. 95 

 preparation of annual security report................ 88 

 sample policy statement............................ 88 

 reporting of criminal offenses........................... 89 

 sample policy statement............................ 89 

 security and access ........................................... 91 

 sample policy statement............................ 91 

 security awareness programs ............................ 96 

 sample policy statement............................ 96 

 sex offenses, prevention and response to.103–105 

 sample policy statement.......................... 107 

 sex offender registration................................. 108 

 sample policy statement (on-site) ........... 109 

 sample policy statement (off-site)........... 110 

 substance abuse education.............................. 100 

 sample policy statement.......................... 101 

 timely warnings ................................................ 87 

 sample policy statement............................ 87 

 voluntary confidential reporting ................. 89, 90 

 sample policy statement (not limited)....... 90 

 sample policy statement (limited)............. 90 

Program Participation Agreements, and Title IV ............... 9 

prospective employee..................................5, 112, 113, 114 

 annual security report, distributing......5, 112, 113, 114 

 definition of............................................................ 112 

prospective student......................................5, 112, 113, 114 

 annual security report, distributing......5, 112, 113, 114 

 definition of............................................................ 112 

public property. See under geographic locations 
Index 

199 

R 

rape, forcible rape. See under sex offenses, forcible sex 

offenses 

reasonably contiguous, definition of ................................12 

referrals for disciplinary action.... 24, 44–48, 76–77, 78, 83, 

 114 

 cite for.......................................................................44 

 definition of ..............................................................45 

 counting ..............................................................76–77 

 crimes disclosed under..............................................24 

 drug law ...............................................................24 

 counting ............................................................44 

 definition of.......................................................47 

 illegal weapons ....................................................24 

 counting ............................................................46 

 definition of.......................................................46 

 liquor law..............................................................24 

 counting ............................................................45 

 definition of.......................................................48 

 example of ........................................................48 

 entering statistics for.........................................83, 125 

rented classroom space .....................................................20 

reported crimes, definition of............................................23 

residence halls. See dormitories and residence halls for 

students 

resident advisors, resident assistants. See under campus 

security authorities 

robbery...................................................... 24, 30–31, 75, 78 

 classifications of .......................................................30 

 counting ............................................................31, 75 

 definition of ..............................................................30 

 example of ................................................................31 

rumor, hearsay. See good faith 

S 

satellite location. See also separate campus......................19 

School Eligibility Channel............................................9–10 

security department. See campus police or security 

department 

Security on Campus (SOC).................................................1 

separate campus.................................................. 19–20, 112 

 annual security report..............................................112 

 compliance................................................................19 

 crime log...................................................................71 

 definition of ..............................................................19 

 map for......................................................................18 

sex offenses......................................... 24, 27–29, 75, 78, 82 

 forcible sex offenses ............................... 24, 27–28, 78 

 classifications of..........................................27–29 

 counting ......................................................27, 75 

 definition of.......................................................27 

 examples of.................................................28–29 

 policy statement regarding.............................. 103–105 

 sample policy statement ................................. 107 

 NIBRS...................................................................... 27 

 non-forcible .............................................24, 29–30, 78 

 classifications of............................................... 29 

 counting...................................................... 27, 75 

 definition of...................................................... 29 

 example of........................................................ 29 

sex offender registration information ......................108–109 

 cite for .................................................................... 108 

 FERPA and............................................................. 108 

 Megan’s laws, comparison with ............................. 108 

 policy...................................................................... 108 

 sample policy statement (electronic link) ............... 110 

 sample policy statement (on-site access)................ 109 

sororities..........................................................12, 14, 98–99 

 monitoring of............................................................ 98 

 policy statement................................................ 98 

 sample policy statements.................................... 98–99 

 noncampus.......................................................... 12, 14 

 on-campus.......................................................... 12, 14 

state crime log. See under crime log 

statutory age of consent. See also under sex offenses, 

non-forcible sex offenses........................................ 27, 29 

statutory rape. See also under sex offenses, 

non-forcible sex offenses........................................ 27, 29 

student financial aid programs, examples of. See under 

Title IV eligibility 

student teachers ................................................................ 16 

study abroad, disclosing crimes for .................................. 20 

summons. See under arrests, definition of 

T 

third party..............................................................12, 15, 23 

 crime reports from.................................................... 23 

 written contract with........................................... 12, 15 

timely warning ..................................................4, 61–65, 87 

 cite for .................................................................. 4, 61 

 crimes exempt from.................................................. 62 

 decision to issue ....................................................... 62 

 FERPA, relation to ................................................... 63 

 information to include in .......................................... 62 

 policy statement on............................................. 61, 87 

 sample policy statement ........................................... 87 

 sample warnings................................................. 64–65 

Title IV eligibility ........................................................ 9, 10 

 deferment only status................................................ 10 

 examples of student financial aid programs ............... 9 

 Program Participation Agreement .............................. 9 

traffic violations (moving)................................................ 68 

trespass. See under burglary, classifications of 
Index 

200 

U 

Unfounded crimes.......................................................70, 80

Uniform Crime Reporting Handbook (UCR). See under

Federal Bureau of Investigation (FBI) 

V 

violations of law. See drug law violations; illegal weapons 

possession; liquor law violations 

voluntary confidential reporting..................................90, 95 

 policy statement regarding institutional 

procedures for allowing ........................................90 

 sample policy statement ............................90 

 policy statement regarding procedures for pastoral and 

professional counselors.........................................95 

 sample policy statements...........................95 

W 

weapons, illegal possession of. See under arrests, crimes 

disclosed under; referrals for disciplinary action, crimes 

disclosed under 

Web-based data collection.........4, 5, 6, 52, 79, 80, 115–132 

 annual submission cite................................................ 5 

 description of.......................................................... 115 

 Help Desk contact information............................... 115 

 institution identification ......................................... 119 

 locking data ............................................................ 129 

 login information.............................................116–117 

 password information..............................115, 117, 130 

 printing................................................................... 129 

 registration.......................................................118, 130 

 screening questions................................................. 121 

 Web site, accessing .........................................115–117 

withholding information. See under crime log 

witness. See reported crimes, definition of 

U.S. DEPARTMENT OF EDUCATION 

OFFICE OF POSTSECONDARY EDUCATION 

CrimeHandbookQuestions@ed.gov