The Handbook for 

Campus Safety and 

Security Reporting

U.S. DEPARTMENT OF EDUCATION

The Handbook for 

Campus Safety and 

Security Reporting

Prepared for:

U.S. Department of Education

Office of Postsecondary Education

By:

Westat

Diane Ward

Janice Lee Mann
This report was prepared in part under Contract Nos. ED-04-CO-0059/0004 and ED-99-CO-0109 with 

Westat and ED-IES-10-C-0016 with INOVAS. Mention of trade names, commercial products, or 

organizations does not imply endorsement by the U.S. Government.

Michelle Coon served as the contracting officer’s representative. The views expressed herein do not 

necessarily represent the positions or policies of the U.S. Department of Education. No official 

endorsement by the U.S. Department of Education of any product, commodity, service or enterprise 

mentioned in this publication is intended or should be inferred. 

U.S. Department of Education 

Arne Duncan 

Secretary

Office of Postsecondary Education 

Eduardo Ochoa 

Assistant Secretary

Policy Coordination, Development and Accreditation Service

David Bergeron

Senior Director 

February 2011

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

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

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

Washington, D.C., 2011. 

This report is available on the Department’s website at: http://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 202-260-0852 

or 202-260-0818. 

Photo credits

Cover: Upper and lower left, Westat; center, Shutterstock; upper and lower right, Getty Images; 

page 100, Westat. The republication, retransmission, reproduction or other use of these photos 

independent of The Handbook for Campus Safety and Security Reporting is prohibited. 
The Handbook for Campus Safety and Security Reporting iii

CONTENTS

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

Figures............................................................................................................................ vii 

Tables ............................................................................................................................. ix

Foreword ........................................................................................................................ xi 

Acknowledgments.......................................................................................................... xiii

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

 Purpose of the Handbook .................................................................................... 3 

Getting Additional Help ...................................................................................... 9 

2. Geography: Location, Location, Location .......................................................... 11 

 How to Identify Your On-campus Geography .................................................... 12 

How to Identify Your Public Property ................................................................ 18 

 How to Identify Your Noncampus Buildings or Property .................................. 25 

Use of Maps......................................................................................................... 31 

3. Crime Statistics: Classifying and Counting Clery Act Crimes ............................ 33 

Crime Definitions ................................................................................................ 34 

Types of Criminal Offenses ................................................................................ 35 

Arrests and Disciplinary Referrals for Violation of Weapons, Drug and 

Liquor Laws ........................................................................................................ 64 

4. Collecting Statistics: Campus Security Authorities and Law 

Enforcement Agencies ........................................................................................ 73 

 How to Identify Your Institution’s CSAs ........................................................... 74 

 What Does a Campus Security Authority Do? ................................................... 76 

 What Shouldn’t a Campus Security Authority Do? ............................................ 77 

 Exemption for Pastoral and Professional Counselors ......................................... 77 

Requesting Statistics From Local Law Enforcement Agencies ......................... 82 

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

Security Personnel ............................................................................................... 89 

 Purpose of the Daily Crime Log.......................................................................... 90 

Creating Your Log............................................................................................... 92 

Required Crime Log Elements ............................................................................ 92 

 Maintaining Your Log ......................................................................................... 94 

 Making Your Log Available ............................................................................... 95 
iv The Handbook for Campus Safety and Security Reporting

6. Emergency Notification and Timely Warnings: Alerting Your Campus 

Community .......................................................................................................... 97 

Emergency Response and Evacuation Procedures .............................................. 97 

The Timely Warning ........................................................................................... 111 

Emergency Notification and Timely Warnings: Sorting Out the 

Differences .......................................................................................................... 118 

7. Policy Statements: Disclosing What You Do and How You Do It ..................... 119 

Categories of Campus Security Policies That Must Be Addressed in the 

Annual Security Report ....................................................................................... 120 

8. Policy Statements: Sex Offenses and Offenders ................................................. 141 

 Sex Offense Policy, Procedures and Programs ................................................... 141 

 Advising the Campus Community About Sex Offenders ................................... 146 

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

Statistics ............................................................................................................... 149 

Presenting Your Policy Statements in the Annual Security Report .................... 150 

Presenting General Crime Statistics and Arrest and Disciplinary 

Referral Statistics ................................................................................................ 150 

Presenting Hate Crime Statistics in the Annual Security Report ........................ 153 

10. Missing Students: The Twenty-four Hour Rule .................................................. 161 

Policy Statement .................................................................................................. 162 

Procedures ........................................................................................................... 165 

11. Fire Safety Disclosures: Requirements and Definition of a Fire ......................... 171 

Definition of a Fire .............................................................................................. 171 

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

Facilities .............................................................................................................. 175 

What Are Reported Fires? ................................................................................... 175 

Creating a Fire Log.............................................................................................. 176 

 Reporting to the Campus Community ................................................................. 179 

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

Housing Facilities ................................................................................................ 181 

Required Fire Statistics ....................................................................................... 181 

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

Statistics ............................................................................................................... 189 

 Components of the Fire Safety Report ................................................................ 190 
The Handbook for Campus Safety and Security Reporting v

Appendices

A Higher Education Act of 1965 Safety- and Security-related 

Laws and Regulations ............................................................................ 199 

A-1. Federal Register, Nov. 1, 1999 (Vol. 64, No. 210), 

Student Assistance General Provisions; Final Rule.

34 CFR 668.41, Reporting and Disclosure of Information 

34 CFR 668.46, Institutional Security Policies and 

Crime Statistics .......................................................................... 201 

A-2. Federal Register, Oct. 31, 2002 (Vol. 67, No. 211), 

Student Assistance General Provisions; Final Rule.

34 CFR 668.46, Institutional Security Policies and 

Crime Statistics .......................................................................... 219 

A-3. Federal Register, Oct. 29, 2009 (Vol. 74, No. 208), 

General and Non-Loan Programmatic Issues; Final Rule.

34 CFR 668.41, Reporting and Disclosure of Information 

34 CFR 668.46, Institutional Security Policies and Crime Statistics

34 CFR 668.49, Institutional Fire Safety Policies and Fire 

Statistics ..................................................................................... 223 

A-4. Higher Education Opportunity Act, Aug. 14, 2008. 

Program Participation Agreement Requirements ...................... 243 

B Sample Letters and Forms for Collecting Crime Reports and 

Requesting Crime Statistics ................................................................... 245 

B-1. Sample Letter to Campus Security Authorities

Regarding the Federal Clery Act ................................................ 247 

B-2. Sample Campus Security Authority Crime Report Form .......... 249 

B-3. Sample Campus Security Authority Sex Offenses 

Report Form ............................................................................... 251 

B-4. Sample Letter to a Local Law Enforcement Agency to 

Request Crime Statistics ............................................................ 252 

C Sample Memorandum of Understanding (MOU) .................................. 255 

D Higher Education Act of 1965, Sec. 120 (as amended by 

the Higher Education Opportunity Act, Sec. 107) ................................. 263 

E Checklist for Campus Safety and Security Compliance ........................ 267 

Index .......................................................................................................................... 279 
vi The Handbook for Campus Safety and Security Reporting

ABBREVIATIONS

AD: Athletics director

Clery Act: Jeanne Clery Disclosure of Campus Security Policy and 

Campus Crime Statistics Act

 CSA: Campus Security Authority 

 DUI: Driving under the influence 

DWI: Driving while intoxicated

 ED: U.S. Department of Education 

 HEA: Higher Education Act of 1965

 HEOA: Higher Education Opportunity Act

FERPA: Family Educational Rights and Privacy Act

FBI: Federal Bureau of Investigation

FSEOGs: Federal Supplemental Educational Opportunity Grants 

GO: General order

LEAP: Leveraging Educational Assistance Partnership

 MOA: Memorandum of Agreement 

MOU: Memorandum of Understanding 

 NIBRS: Uniform Crime Reporting National Incident-Based Reporting 

System

PPA: Program Participation Agreement

RA: Resident assistant

 SOP: Standard operating procedure 

 UCR: Uniform Crime Reporting
The Handbook for Campus Safety and Security Reporting vii

FIGURES

1. Example of public property: sidewalk, street, sidewalk .............................. 20 

2. Example of public property: parking lot ...................................................... 21 

3. Example of public property: gated fence ..................................................... 24 

4. Example of noncampus: mixed-use apartment building .............................. 30 

5. Categories of hate crime offenses ................................................................ 56 

6. CSA Training Suggestions ........................................................................... 81 

7. Sample Daily Crime Log With Required Elements ..................................... 92 

8. Example of Emergency Notification via Text Message .............................. 100 

9. Sample Announcement for Student E-Mail Sign-up for Emergency 

Notification .................................................................................................. 101 

10. Sample Emergency Response and Evacuation Procedures 

Statement...................................................................................................... 104 

11. Sample Procedures for Testing Emergency Response and 

Evacuation Procedures ................................................................................. 108 

12-A. Sample Timely Warning .............................................................................. 115 

12-B. Sample Timely Warning .............................................................................. 116 

12-C. Sample Timely Warning .............................................................................. 117 

13. Sample Scenarios Regarding Emergency Notification and the 

Timely Warning ........................................................................................... 118 

14. Sample Policy Statement Addressing Issuing Timely Warnings ................ 121 

15. Sample Policy Statement Addressing Preparation of Disclosure of 

Crime Statistics ............................................................................................ 122 

16. Sample Policy Statement Addressing How to Report Criminal 

Offenses ....................................................................................................... 123 

17. Sample Policy Statement Addressing Voluntary Confidential 

Reporting...................................................................................................... 124 

18. Sample Policy Statement Addressing Limited Voluntary 

Confidential Reporting................................................................................. 124 

19. Sample Policy Statement Addressing Security and Access ......................... 125 

20. Sample Policy Statement Addressing Campus Law Enforcement 

Authority (For Institutions Whose Police Have Arrest Authority) .............. 126 

21. Sample Policy Statement Addressing Campus Law Enforcement

Authority (For Institutions Whose Police Do Not Have Arrest 

Authority) ..................................................................................................... 127 

22. Sample Statement Addressing the Working Relationship with 

Local Law Enforcement for an Institution That Has an MOU .................... 128 

23. Sample Statement Addressing the Working Relationship with 

Local Law Enforcement for an Institution That Does Not Have an 

MOU ............................................................................................................ 129 

24. Sample Policy Statement Addressing the Encouragement of 

Accurate and Prompt Crime Reporting........................................................ 129 
viii The Handbook for Campus Safety and Security Reporting

25. Sample Policy Statement Addressing Counselors and Confidential 

Crime Reporting (For Institutions With Confidential Reporting 

Procedures) .................................................................................................. 131 

26. Sample Policy Statement Addressing Counselors and Confidential 

Crime Reporting (For Institutions Without Confidential Reporting 

Procedures) .................................................................................................. 131 

27. Sample Policy Statement Addressing Security Awareness 

Programs for Students and Employees ........................................................ 132 

28. Sample Policy Statement Addressing Crime Prevention Programs

for Students and Employees......................................................................... 133 

29. Sample Policy Statement Addressing Criminal Activity Off 

Campus (For Institutions Whose Police Monitor Off-campus 

Activity) ....................................................................................................... 134 

30. Sample Policy Statement Addressing Criminal Activity Off 

Campus (For Institutions Whose Police Do Not Monitor Offcampus Activity) .......................................................................................... 135 

31. Sample Policy Statement Addressing Alcoholic Beverages ........................ 135 

32. Sample Policy Statement Addressing Illegal Drug Possession ................... 136 

33. Sample Policy Statement Addressing Substance Abuse Education ............ 137 

34. Sample Policy Statement Addressing Disclosures to Alleged 

Victims of Crimes of Violence or Non-forcible Sex Offenses .................... 138 

35. Sample Policy Statement Addressing Preventing and Responding 

to Sex Offenses ............................................................................................ 145 

36. Sample Policy Statement Addressing Sex Offender Registration 

(For Institutions Maintaining a List of Registered Sex Offenders 

On-Site) ........................................................................................................ 147 

37. 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) ........................................................................................................ 148 

38. Sample Crime Statistics Reporting Table .................................................... 152 

39. Examples of Descriptive Hate Crime Reporting ......................................... 153 

40. Sample Notice of Annual Security Report Availability .............................. 155 

41. Sample Notice of Combined Annual Security Report and Annual 

Fire Safety Report Availability .................................................................... 156 

42. Sample Statement Addressing Missing Student Notification Policy 

and Procedures ............................................................................................. 168 

43. Sample Missing Student Contact Registration Form ................................... 169 

44. Sample Reported Fire Scenarios .................................................................. 176 

45. Sample Fire Log With Required Elements .................................................. 178 

46. Classifications of Fire and Examples ........................................................... 182 

47. Value Ranges for Estimated Property Damage Due to Fire ........................ 185 

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

Report ........................................................................................................... 187 

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

Safety Systems ............................................................................................. 192 
The Handbook for Campus Safety and Security Reporting ix

50. Sample Policy Statement Addressing Policies or Rules on Portable 

Electric Appliances, Smoking and Open Flames in a Student 

Housing Facility ........................................................................................... 193 

51. Sample Statement Addressing Procedures for Student Housing 

Evacuation in the Case of a Fire .................................................................. 194 

52. Sample Statement Addressing Fire Safety Education and Training 

Programs Provided to Students and Employees .......................................... 195 

53. Sample List of the Titles of Each Person or Organization to Whom

Students and Employees Should Report That a Fire Occurred .................... 196 

54. Sample Plans Addressing Future Improvements in Fire Safety .................. 196 

TABLES

1. Components of Higher Education Act compliance regarding 

campus safety and security reporting: Basic requirements and time 

frames ........................................................................................................... 8 
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The Handbook for Campus Safety and Security Reporting xi

Foreword

In 2005 we published The Handbook for Campus Crime 

Reporting, a compendium of U.S. Department of Education 

(ED) guidance on complying with the Jeanne Clery Disclosure 

of Campus Security Policy and Campus Crime Statistics Act 

(Clery Act). Since that time, the Higher Education Opportunity 

Act (HEOA) was signed into law, amending the Clery Act and 

adding a number of safety- and security-related requirements to 

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

new legislation necessitated writing The Handbook for Campus

Safety and Security Reporting—an updated and expanded 

version of the previous handbook. 

This new version of the handbook will familiarize you 

with the amended Clery Act and the new regulations that were 

added by HEOA. Similar to the 2005 version, this handbook 

takes you step by step along the path to compliance and 

explains what the regulations mean and what they require of 

your institution. It also includes new examples and enhanced 

explanations of many topics based on questions asked of our 

Campus Safety and Security Help Desk (see inside back cover 

for e-mail address) over the past several years. 

What hasn’t changed is the handbook’s emphasis on 

compliance as a whole system of developing policy statements, 

gathering information from a variety of sources and translating 

it into the appropriate categories, issuing alerts, disseminating 

information, and, finally, keeping records. Although we 

address “you” throughout, we want to stress that this is not a 

one-person job. As you will see when you read further, a key 

ingredient in ensuring compliance is coordination—knowing 

who does what and when. This means that most of you will 

find it necessary to coordinate compliance activities with many 

people and offices in the campus community. 

We hope that you will use this handbook not only to 

comply fully with the law and its regulations, but to make sure 

that your disclosures to students, employees, families and the 

public are easily understandable and useful. So, please read the 

handbook carefully, think about how the requirements apply to 

your situation and then review the handbook again. Remember: 

the goal of the safety- and security-related HEA regulations is 

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. 
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The Handbook for Campus Safety and Security Reporting xiii

Acknowledgments

This handbook would be less than complete without the 

contributions of the many institutions who gave us permission 

to use their policy statements and reporting forms as samples to 

illustrate compliance. Our thanks goes to the following: 

• Bacone College 

• California State University, Fresno

• California State University, Long Beach

• California State University, Los Angeles 

• Cayuga Community College 

• Dodge City Community College 

• George Washington University 

• Hollins University

• James Madison University 

• Johns Hopkins University 

• McDaniel College 

• Montgomery College, Maryland 

• San Diego State University

• Strayer University

• Tufts University 

• University of California, Irvine 

• University of California, San Diego 

• University of California System

• University of New Mexico, Albuquerque 

• University of Tennessee, Chattanooga

• University of Wyoming 

• Vanderbilt University 

• Virginia Polytechnic Institute and State University
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The Handbook for Campus Safety and Security Reporting 1

Introduction:

An Overview of Campus Safety 

And Security Reporting

Chapter 1

Choosing a postsecondary institution is a major decision for 

students and their families. Along with academic, financial and 

geographic considerations, the issue of campus safety is a vital 

concern. In 1990, Congress enacted the Crime Awareness and 

Campus Security Act of 1990 (Title II of Public Law 101-542), 

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

act required all postsecondary institutions participating in 

HEA’s Title IV student financial assistance programs to 

disclose campus crime statistics and security information. The 

act was amended in 1992, 1998 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. 

It is generally referred to as the Clery Act. 

On Aug. 14, 2008, the Higher Education Opportunity Act 

or HEOA (Public Law 110-315) reauthorized and expanded the 

Higher Education Act of 1965, as amended. HEOA amended 

the Clery Act and created additional safety- and security-related 

requirements for institutions. Specifically, it added: 

• New categories to the list of hate crimes all 

institutions must disclose (Clery amendment); 

• A new disclosure regarding the relationship of 

campus security personnel with state and local law 

enforcement agencies (Clery amendment);

• Implementation and disclosure of emergency 

notification and evacuation procedures for all 

institutions (Clery amendment);

• Implementation and disclosure of missing student 

notification procedures for institutions with oncampus student housing facilities (HEOA); 

• Fire safety reporting requirements for institutions 

with on-campus student housing facilities (HEOA);
Chapter 1. Introduction: An Overview of Campus Safety and Security Reporting

2 The Handbook for Campus Safety and Security Reporting

• Text clarifying the definition of an on-campus 

student housing facility (Clery and HEOA); and

• A Program Participation Agreement (PPA) 

requirement concerning disclosure of the results of 

disciplinary proceedings to the alleged victim of any 

crime of violence or a non-forcible sex offense

(HEOA). 

Although HEA, as amended, is the law that governs the 

administration of all federal higher education programs, as 

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

HEOA safety- and security-related requirements. 

How to determine if your institution must comply 

with HEA 

Does your institution participate in federal Title IV 

student financial assistance programs? All public and private 

postsecondary institutions that participate in Title IV must 

comply with HEA. Title IV institutions have signed Program 

Participation Agreements (PPAs) with the U.S. Department of 

Education (ED) to administer these financial assistance 

programs. They include: Pell Grants; Federal Supplemental 

Educational Opportunity Grants (FSEOGs); the Federal WorkStudy Program; Federal Perkins Loans; 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 HEA requirements 

beginning on the date your Program Participation 

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

by the secretary of education). If you have questions 

about when your PPA went into effect, contact our 

School Eligibility Channel’s School Participation 

Team for your region. 

• 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 HEA requirements for all locations. The 

requirement is based on institutional eligibility, not 

location eligibility.

Although HEA, as 

amended, is the 

law that governs 

the administration

of all federal 

higher education 

programs, as 

used in this 

handbook, HEA

refers only to the 

Clery Act and 

HEOA safety- and 

security-related 

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

The Handbook for Campus Safety and Security Reporting 3

• If your institution primarily serves secondary 

students, but enrolls even one postsecondary student, 

you must comply. 

• 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 HEA 

requirements described in this handbook. 

Title IV institutions that are exempt from 

compliance: 

• If your institution is a distance education-only

school, you do not have to comply providing students 

are never present on a physical campus. This means 

that students do not go to a physical location to 

enroll, seek guidance, study, work, intern, etc. The 

exception to this rule is the annual graduation 

ceremony. For this event only, if students attend the 

ceremony at a location that your institution owns or 

controls, your institution is still exempt from 

compliance.

• Foreign institutions are exempt from the 

requirements; however, foreign campuses of U.S. 

institutions are not exempt and must comply with 

HEA requirements.

If you have determined that your institution is a Title IV 

institution and must comply, read on. 

Purpose of the Handbook

This handbook contains current ED guidance and was 

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

understanding and meeting the various HEA requirements. It is 

intended for use by postsecondary institutions as well as our 

program reviewers who are responsible for evaluating an 

institution’s compliance with the requirements. This is to 

ensure that everyone involved in complying with the law and in 

monitoring compliance is “on the same page.” 

The handbook will not change the current regulations in 

any way. It does not supplant or replace HEA, and HEA and its 

regulations take precedence if there are any differences 
Chapter 1. Introduction: An Overview of Campus Safety and Security Reporting

4 The Handbook for Campus Safety and Security Reporting

between them and the handbook. Your institution is 

responsible for ensuring that it complies with any changes to 

HEA and the regulations. 

Handbook Organization 

Chapter 2 assists you in laying the proper foundation 

for HEA safety- and security-related reporting by 

explaining the important role geography has in compliance 

with the law and its regulations. We discuss in detail how to 

identify which buildings and property owned or controlled by 

your institution fall into the various HEA-related geographic 

categories. Getting this foundation right is key to knowing: 

• What crimes and fires to report and in which 

reporting categories to disclose them;

• From whom to collect crime and fire reports; 

• Whether a campus alert must be issued;

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

a log; 

• What policy statements your institution must have on 

record; and 

• What annual reports your institution must publish. 

Subsequent chapters describe and discuss the various 

requirements by topic. We suggest reading the chapters in 

order because some chapters contain information that builds 

upon previous topics. For example, Chapter 3 discusses how to 

count and classify the crimes that occur on your HEA

geography for inclusion in your statistical disclosures. Chapter 

4 helps you determine from whom within your institution and 

from which local law enforcement agencies you must obtain 

such crime information. There are also cross-references 

throughout the handbook for the times you just want to 

research a particular regulation or issue.

The handbook also contains citations for the applicable 

legislation, highlights important information in side notes, 

provides examples of crime and fire scenarios, suggests helpful 

practices and provides sample documents to assist you in 

determining if your policies and procedures are compliant. 

There are a number of appendices at the back of the handbook 

which are referenced throughout the chapters, along with an 

index to help you locate specific terms and topics. And, 

We suggest 

reading the 

chapters in order 

because some 

chapters contain 

information that

builds upon 

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

The Handbook for Campus Safety and Security Reporting 5

because no handbook could cover every situation, help desk 

contact information is provided if you need further assistance. 

The Requirements 

The law contains specific requirements, but allows a 

great deal of flexibility in complying with them. This flexibility 

acknowledges the myriad differences in types, locations and 

configurations of postsecondary schools. Although all 

institutions have immediate, ongoing and annual 

requirements, compliance might differ in some respects from 

one institution to another. For example, compliance for an 

institution with on-campus student housing facilities will differ 

in some respects from compliance for a small commuter school 

located in a strip mall. A single institution might have some 

different compliance requirements for each of its campuses. In 

any case, whatever the requirements are for your specific 

institution, they must be met completely and on time.

The requirements fall into three categories based on the 

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

security-related policy requirements that must be met by every

institution; (2) an additional Clery crime log requirement for

institutions that have a campus police or security department; 

and (3) HEOA missing student notification and fire safety 

requirements for institutions that have at least one on-campus 

student housing facility. Following is a list of the requirements 

by category along with the number of the applicable handbook 

chapter or chapters. 

1. Every institution must:

• Collect, classify and count crime reports and 

crime statistics.

The regulatory requirements for classifying and 

counting crimes are discussed in Chapter 3. The 

regulatory requirements for collecting crime reports 

and statistics are discussed in Chapter 4. 

• Issue campus alerts. To provide the campus 

community with information necessary to make 

informed decisions about their health and safety, you 

must:

– Issue a timely warning for any Clery Act crime 

that represents an ongoing threat to the safety 

of students or employees; 

All institutions 

have immediate, 

ongoing and 

annual 

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

6 The Handbook for Campus Safety and Security Reporting

– Issue an emergency notification upon the 

confirmation of a significant emergency or 

dangerous situation involving an immediate 

threat to the health or safety of students or 

employees occurring on the campus. 

The regulatory requirements regarding these topics 

are discussed in detail in Chapter 6.

• Publish an annual security report containing 

safety- and security-related policy statements and 

crime statistics and distribute it to all current students 

and employees. Schools also must inform prospective 

students and employees about the availability of the 

report. 

The regulatory requirements regarding crime 

statistics are discussed in Chapter 3 and the 

regulatory requirements for the annual security report 

are discussed in Chapters 7–9.

• Submit crime statistics to ED. Each year in the fall 

you must participate in a Web-based data collection 

to disclose crime statistics by type, location and year. 

The regulatory requirements for the data collection 

are discussed in Chapter 9. The comprehensive user’s 

guide for the survey is located online at: 

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

2. In addition to the requirements for all institutions 

listed under no. 1, if your institution maintains a 

campus police or security department, you must 

keep a daily crime log of alleged criminal incidents 

that is open to public inspection. 

The regulatory requirements regarding the daily 

crime log are discussed in Chapter 5.

3. In addition to the requirements for all institutions 

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

• Disclose missing student notification procedures 

that pertain to students residing in those facilities.
Chapter 1. Introduction: An Overview of Campus Safety and Security Reporting

The Handbook for Campus Safety and Security Reporting 7

• Disclose fire safety information related to those 

facilities. You must:

– Keep a fire log that is open to public 

inspection. 

– Publish an annual fire safety report

containing policy statements as well as fire 

statistics associated with each on-campus 

student housing facility, including number of 

fires, cause, injuries, deaths and property 

damage. Schools also must inform prospective 

students and employees about the availability 

of the report. 

– Submit fire statistics to ED each fall in the 

Web-based data collection. 

The regulatory requirements regarding missing student 

notification are discussed in Chapter 10 and the regulatory 

requirements regarding fire safety are discussed in Chapters 

11–14. 

Compliance Timetable 

Compliance with HEA is not a once-a-year event. Many 

requirements must be satisfied before an institution can be 

considered in full compliance. Some requirements are ongoing, 

such as crime information collecting, campus alerts and log 

updating, while other requirements are less frequent, such as 

the annual reports and the online survey you submit to ED. 

Compliance with 

HEA is not a 

once-a-year 

event.

Table 1 is an overview of the basic requirements and 

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

Appendix E provides a detailed checklist for compliance.) 
Chapter 1. Introduction: An Overview of Campus Safety and Security Reporting

8 The Handbook for Campus Safety and Security Reporting

Table 1. Components of Higher Education Act compliance regarding campus safety and security 

reporting: Basic requirements and time frames 

What to Do When to Do It 

Have emergency notification and evacuation 

procedures for alerting the campus community 

about significant emergencies or dangerous 

situations. Disclose your policies and procedures 

in the annual security report.

Use emergency notification procedures 

whenever there is an immediate threat to the 

health or safety of students or employees on 

campus. 

Issue timely warnings to alert the campus 

community about crimes that pose a serious or 

continuing threat to safety. Disclose your policy 

in the annual security report.

Issue a warning whenever there is a threat that a 

crime is ongoing or may be repeated. 

Keep a crime log that records, by date reported, 

all crimes reported to the campus police or 

security department.a 

Update your log within two business days of the 

crime report. Make the log available to the 

public during business hours. 

Keep a fire log that records by date reported, all 

fires in on-campus student housing facilities.b 

Update your log within two business days of the 

fire report. Make the log available to the public 

during business hours. 

Collect crime reports from campus security 

authorities within the institution.

Identify campus security authorities at the 

beginning of the calendar year and collect crime 

reports on an ongoing basis. 

Request crime statistics from local law 

enforcement in the jurisdiction where the 

institution is located.

Make a request annually, ideally at the beginning 

of the calendar year.

Submit crime and fire statistics to ED via a 

Web-based data collection.b 

Submit statistics each fall, by the dates provided 

by ED in a letter to your institution sent each 

year in July. 

Have missing student notification procedures 

to aid in determining if a student is missing and 

in notifying law enforcement personnel. Disclose 

your policy and procedures in the annual 

security report.b 

Follow required procedures whenever a student 

is determined to have been missing for 24 hours. 

Offer students the opportunity to register a 

contact annually. 

Publish an annual security report containing 

campus security policy disclosures and crime 

statistics for the previous three years.

Publish and distribute your report or provide a 

notice of its availability annually by Oct. 1. 

Publish an annual fire safety report

containing policy disclosures and fire statistics 

for on-campus student housing facilities for the 

previous three years.b

Publish and distribute your report or provide a 

notice of its availability annually by Oct. 1. 

a The crime log is mandatory for all institutions that maintain a campus police or security department. b The fire log, annual fire safety report, disclosure of fire statistics and missing student notification procedures are mandatory for any 

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

The Handbook for Campus Safety and Security Reporting 9

Getting Additional Help 

For questions that are not answered by this handbook, 

assistance is available by e-mailing: 

HandbookQuestions@ed.gov. 

Please include the following information and we will 

respond as soon as possible: 

• Your name and title. 

• The name of your school. 

• A detailed description of the assistance you need. 

Before Moving On ... 

Now that we have introduced you to the basics of HEA

compliance, you need to be aware of the consequences of 

noncompliance. In addition to providing guidance on the 

implementation of regulations and collecting and disseminating 

crime and fire data to Congress and the public, the U.S. 

Department of Education is also responsible for monitoring 

compliance.

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

for a substantial misrepresentation of the number, location or 

nature of the crimes required to be reported or for a violation of 

any other provision of the safety- and security-related HEA

regulations. Final Review Determination Reports are public 

records. (Our Program Review Guide can be accessed at 

http://www.ifap.ed.gov.) Note that HEOA added whistleblower protection making it clear that nothing in the law shall 

be construed to permit a school to take retaliatory action 

against anyone with respect to the implementation of the 

regulations. 

Again, Chapter 2 presents a detailed look at HEA

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

prior to reading the remaining handbook chapters, even if you 

are a reporting veteran.
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The Handbook for Campus Safety and Security Reporting 11

Geography: 

Location, Location, Location

CHAPTER 2

The Clery Act requires institutions to disclose statistics for 

reported crimes based on:

• Where the crimes occurred, 

• To whom the crimes were reported, 

• The types of crimes that were reported, and 

• The year in which the crimes were reported. 

This chapter identifies and breaks down the physical 

parameters of crime reporting and explains how to apply these 

parameters to institutions of different sizes and in different 

settings.

You must disclose statistics for reported Clery crimes 

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

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

noncampus buildings or property that your institution owns or 

controls. The definitions for these geographic categories are 

Clery Act-specific and are the same for every institution 

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

matter whether your campus consists of leased space in a strip 

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

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

defined the same way.

Geographic breakdown 

citation

34 CFR 668.46(c)(4)

Understanding each of these geographic categories as 

defined by the Clery Act is vital to being in compliance with 

the law. You must provide a breakdown of the crime statistics 

by category. You must disclose, for example, whether an 

aggravated assault occurred on your campus, or on the public 

sidewalk in front of your campus or in a high school classroom 

in a nearby city that your institution rents for creative writing 

classes. Remember, location is the key here—statistics for 

Clery crimes that don’t occur within your Clery geography are 

not included in your Clery statistical disclosures even if your 

students or employees are involved. As you read through the 

description of each of the three categories, it may be helpful to 

Understanding 

each of these 

geographic 

categories as 

defined by the 

Clery Act is vital 

to being in 

compliance with 

the law. 
Chapter 2. Geography: Location, Location, Location

12 The Handbook for Campus Safety and Security Reporting

create a list of the buildings and properties associated with your 

institution that fit each defined area. 

How to Identify Your On-campus 

Geography 

Under Clery, the on-campus category encompasses the 

following: 

Any building or property owned or controlled by an 

institution within the same reasonably contiguous 

geographic area and used by the institution in direct 

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

educational purposes, including residence halls; and 

Any building or property that is within or reasonably 

contiguous to 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). 

On-campus definition 

citation

34 CFR 668.46(a)

The first part of this definition states that, for Clery 

reporting purposes, your campus includes buildings and 

properties that meet all of the following criteria:

• Your institution owns or controls them; 

• They are reasonably contiguous to one another; and

• They directly support or relate to the institution’s 

educational purposes. 

So what does this mean? 

Controlled by means that your institution rents, leases or 

has some other type of written agreement (including an 

informal one, such as a letter or an e-mail) for a building or 

property, or a portion of a building or property. Even if there is 

no payment involved in the transaction, under Clery, a written 

agreement for use of space gives your institution control of that 

space for the time period specified in the agreement. For 

example, if your campus consists of leased space comprising 

the entire third floor of an office building, you are in control of 

the third floor. A reported crime that occurs on the third floor 

(rooms, hallway, restrooms), or in the lobby, stairwell or 
Chapter 2. Geography: Location, Location, Location

The Handbook for Campus Safety and Security Reporting 13

elevator that students must use to access the third floor, is 

considered to have occurred “on campus.” If the agreement 

gives your institution use of the parking lot or specific spaces 

in the lot, the parking lot or the specified section of the lot is 

also part of your on-campus geography. To emphasize: Your 

control extends only as far as the space specified in your 

written agreement along with any area your students and 

employees have to use to access that space. So, if you lease the 

third floor of the building and a crime occurs on the elevator 

going to the third floor during the period of time covered by 

your lease, you must disclose a statistic for the crime. If 

however, the crime occurred on the second floor, you don’t 

have to include the crime in your Clery statistics because your 

institution doesn’t have control of any space on the second 

floor. 

Note that for the purposes of HEA, if you have an 

institution-associated foundation that owns or controls a 

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

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

considered to be in control of that building or property. 

Reasonably contiguous refers to a building or property 

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

and your students consider to be, and treat as, an integral part 

of your main or core campus; and is covered by the same 

security policies as your campus. An example might be a house 

two blocks from campus that’s owned by your institution and 

has been converted into an art studio for your students. 

Directly support, or relate to, the institution’s 

educational purposes refers to the function of the building or 

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

your students, support the school’s educational purposes. 

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

otherwise not associated with your institution and is not used 

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

The second part of the on-campus definition requires you 

to include buildings and properties within your campus, or 

reasonably contiguous to it that meet all three of the following 

criteria:

• Your institution owns but does not control them; 

• They are frequently used by your students; and 

• They are used to support the institution’s educational 

purposes. 
Chapter 2. Geography: Location, Location, Location

14 The Handbook for Campus Safety and Security Reporting

Examples are a bookstore or a fast-food restaurant that 

lease space in your student center. Remember that these entities 

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

because you own the building, your students frequently use the 

space, and it supports your institution. Joe’s Fried Chicken 

Emporium across the street from your student center is not 

included in your on-campus geography even though many of 

your students eat there daily, because your institution does not 

own or control it. 

Other On-campus Considerations 

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

campuses.

• Institutions that share a campus: If your institution 

shares a campus with another Title IV institution, 

both institutions must disclose statistics for Clery 

crimes that occur anywhere on the campus. The 

reasons for this are: (1) the Clery Act requires every 

Title IV institution to report statistics and (2) crime 

statistics are maintained on our public website and 

are retrieved for viewing by entering the name of a 

specific institution. Your statistics must be viewable 

to any interested party who searches the website’s 

database for your institution. 

• Institutions that lease space on another 

institution’s campus: If your institution leases some 

buildings and property on another institution’s 

campus, your campus is determined by the specifics 

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

a dorm, a classroom building, an administration 

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

your contract also allows your students to share a 

dining hall with students from the host institution, 

that dining hall is included. If the host institution also 

participates in Title IV programs, both schools must 

include the shared dining hall in their on-campus 

geography. 

• Institutions that offer dual classes and degrees: If 

your institution has a partnership with another 

institution to offer dual classes and degrees and the 

agreement specifies only that your students can 

attend classes there and that the other school’s 
Chapter 2. Geography: Location, Location, Location

The Handbook for Campus Safety and Security Reporting 15

students can attend classes at your school, you do not 

have to disclose reported Clery crimes that occur on 

the other campus because you do not own or control 

it. 

• Institutions that lease space in strip malls: Your 

campus consists of any space within the strip mall 

that is covered by your written agreement. If the lease 

includes use of the parking lot, or selected spaces in 

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

your campus. If your students need to use stairwells 

or elevators or hallways to access the space your 

institution controls, include them as part of your 

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

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

category because your institution doesn’t control 

them. 

• Institutions located in institution-owned strip 

malls: Your campus consists of any space within the 

strip mall that is used for the institution’s educational 

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

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

category because your institution leases that space to 

private individuals and businesses, and the space isn’t 

used for your institution’s educational purposes.

• Institutions with more than one campus: If your 

institution has more than one campus, each campus 

must comply independently with all of the Clery Act

and the fire- and safety-related HEA requirements as 

described in this handbook. For the purpose of these 

requirements, consider an additional location a 

separate campus if it meets all of the following 

criteria:

– Your institution owns or controls the site; 

– It is not reasonably geographically contiguous 

with the main campus;

– It has an organized program of study; and 

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

administrative capacity. 

If your institution 

has more than 

one campus, each 

campus must 

comply 

independently 

with all of the 

Clery Act and the 

fire- and safetyrelated HEA

requirements as 

described in this 

handbook.

Administrative personnel encompass a variety of 

individuals who may have some responsibility for the 

activities that take place at the location;
Chapter 2. Geography: Location, Location, Location

16 The Handbook for Campus Safety and Security Reporting

administrative personnel, for example, include a 

director, a building coordinator, a registrar or a 

secretary. If your institution owns or controls 

noncontiguous academic locations where students 

take a course or two and there are no administrative 

personnel on site, those are not separate campuses. 

They are noncampus locations and they are discussed 

later in this chapter under “How to Identify Your 

Noncampus Buildings or Property.” 

Examples of separate campuses 

– Branch: A branch campus is always a separate 

campus. 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. 

Branch campus definition

citation

34 CFR 600.2

– School: A school is a division of an institution 

that is organized to give instruction of a defined 

type, such as a school of business, law, 

medicine or nursing. A school may be, but is 

not always, a separate campus. For example, if 

your institution has a school of law that is 

reasonably geographically contiguous with the 

main campus, include it as part of your main 

campus. If the school of law has an organized 

program of study, administrative personnel onsite and is not reasonably contiguous to the 

main campus, treat it as a separate campus. 

Note that if you have a beauty school or 

technology school, etc., with multiple locations 

that each function as a main campus, each 

campus must comply independently with HEA

requirements.

– Other locations: Other institution-owned 

or -controlled locations may include satellite, 

extension or similar types of noncontiguous 
Chapter 2. Geography: Location, Location, Location

The Handbook for Campus Safety and Security Reporting 17

sites that have an organized program of study 

and administrative personnel on-site. 

– Foreign locations: A foreign location that a 

U.S. institution owns or controls that has an 

organized program of study and administrative 

personnel on-site is a separate campus. 

– Military bases: If your institution has a written 

agreement giving it use of a defined space 

within the base, and the location otherwise 

meets the definition of a campus, it’s a separate 

campus. If your school simply sends instructors 

to the base, it’s not a separate campus. 

On-campus Subset: On-campus Student Housing 

Facilities 

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

student housing facilities must separately disclose two sets of 

on-campus statistics:

• The total number of crimes that occurred on campus, 

including crimes that occurred in student housing 

facilities; and

• The number of crimes that occurred in on-campus 

student housing facilities as a subset of the total. 

Crimes by location citation

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

Definition of an On-campus Student Housing Facility

For purposes of the Clery Act regulations (as well as 

HEA missing student notification and fire safety regulations 

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

any student housing facility that is owned or controlled by the 

institution, or is located on property that is owned or 

controlled by the institution, and is within the reasonably 

contiguous geographic area that makes up the campus is 

considered an on-campus student housing facility. 

On-campus student housing 

facility definition citation

34 CFR 668.41(a) 

This definition includes the following types of housing: 

• Undergraduate, graduate and married student 

housing. 

• Single family houses that are used for student 

housing. 
Chapter 2. Geography: Location, Location, Location

18 The Handbook for Campus Safety and Security Reporting

• Summer school student housing. 

• Buildings that are used for student housing but also 

have faculty, staff or any other individuals living 

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

category. Institution-owned or controlled faculty-only 

housing that is located on the campus belongs only in 

the “on-campus” category.)

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

written agreement with your institution to provide 

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

paid to the third party by the institution on behalf of 

the students or paid directly by the students. 

• Housing for officially and not officially recognized 

student groups, including fraternity or sorority 

houses, that are owned or controlled by your 

institution or are located on property that your 

institution owns or controls. 

Note that it doesn’t matter whether the housing falls 

under the management of Residential Life or your real estate 

office, or another office. Be sure to include any facility that 

meets the definition of an “on-campus student housing 

facility.”

If your institution shares an on-campus student 

housing facility with another Title IV institution, both 

institutions are considered to be in control of that facility and 

both institutions must include it when complying with the 

campus safety and security regulations.

Before Moving On ... 

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

for disclosing on-campus crime statistics, but for accurately 

identifying another category of Clery geography: public 

property. If you can’t determine the boundaries of your campus 

under Clery, you will not be able to properly identify your 

campus’ public property. 

Properly defining 

what’s “on 

campus” is vital—

not just for 

disclosing oncampus crime 

statistics, but for

accurately 

identifying another 

category of Clery 

geography: public 

property.

How to Identify Your Public Property 

Under Clery, public property encompasses the 

following: 
Chapter 2. Geography: Location, Location, Location

The Handbook for Campus Safety and Security Reporting 19

All public property, including thoroughfares, streets, 

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

or immediately adjacent to and accessible from the campus. 

Public property refers to property owned by a public 

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

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

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

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

that the public can park there. 

No matter where your campus is located, your Clery 

public property category consists solely of two limited areas. 

The first is public property within your campus. An 

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

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

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

A private road or private driveway running through your 

campus is not public property. A public or municipal parking 

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

privately owned parking lot that bisects your campus is not. 

However; regardless of whether it’s publicly or privately 

owned, if your institution has a written agreement giving it use 

of the parking lot, include the lot in your on-campus 

geography, not your public property geography. 

The second area is public property that immediately 

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

property consists of a public sidewalk that borders the campus, 

the public street along the sidewalk and the public sidewalk on 

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

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

that are adjacent to your campus are included in your public 

property. If you have an urban campus that is comprised of 100 

buildings that have public sidewalks and public streets

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

public property associated with each of these campus 

buildings, generally: sidewalk, street, sidewalk. 

So how do you determine whether the public property 

immediately adjacent to your campus is accessible? Look for 

one of two conditions to be present: 

• There is no barrier of any kind between your campus 

border and public property. For example, you can 

step off of the edge of your campus directly onto a 

public sidewalk. 

Public property definition 

citation

34 CFR 668.46(a) 

No matter where your 

campus is located, 

your Clery public 

property category 

consists solely of 

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

20 The Handbook for Campus Safety and Security Reporting

• A standard of use has been established by your 

students. This means that although some type of 

barrier is present, your students frequently ignore, 

overcome or even use it, to gain access to public 

property. Some examples are:

– A wall that students frequently climb over. 

– A fence that students frequently climb over, 

under or through. This includes a fence with a 

hole in it that students frequently crawl 

through. 

– A fence with a missing or broken gate that 

students frequently walk or drive through. 

Other Public Property Considerations 

• Sidewalk, street, sidewalk: Your public property 

does not include anything beyond the second 

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

include anything beyond the street.) 

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

property consists of the public sidewalk, street, and opposite sidewalk along all four borders of the campus. 

Nothing beyond the second sidewalk is included in the college’s public property.
Chapter 2. Geography: Location, Location, Location

The Handbook for Campus Safety and Security Reporting 21

• Private homes and businesses are not included: 

Public property does not include any businesses or 

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

owned or controlled by your institution) even if they 

immediately border your campus. This means that 

your public property does not include Joe’s Coffee 

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

and many of your students hang out there every day. 

Nor does it include a privately owned house next to 

your campus that some of your students rent. 

• Public Parking: If there is a public or municipal 

parking facility or lot bordering your campus, it is 

part of your public property. If the parking facility or 

lot that borders your campus is owned by an 

individual or a business, it is not. Your public 

property does not include a public parking facility or 

lot on the other side of the street across from your 

campus. 

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

the college’s public property category because it’s immediately adjacent to and accessible from the campus. 

Public Parking Lot B is not included in the college’s public property category because it’s not immediately 

adjacent to the campus. A sidewalk, street and sidewalk separate it from the campus.

• Public property associated with campuses in malls 

or office buildings: 

– If your campus is within a mall or office 

building and you step outside onto a public 

sidewalk, include the sidewalk in your public 

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

22 The Handbook for Campus Safety and Security Reporting

– If your agreement includes use of the mall or 

office building parking lot, the lot is part of 

your on-campus geography because under 

Clery, the contract gives you control of the lot. 

If there is a public street running adjacent to the 

parking lot, that’s your public property. 

– If your agreement does not include use of the 

parking lot owned by the mall or office 

building, do not include the parking lot in your 

on-campus or your public property category. It 

is a private parking lot.

– If there is a public parking lot bordering the 

mall or office building (i.e., a parking lot 

owned by a public entity), include it in your 

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

you are in control of that section and that 

section is part of your on-campus geography. If 

your lease allows you to park anywhere in the 

lot along with all of the other tenants, include 

the entire lot in your on-campus geography. 

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

of public area immediately adjacent to your 

campus, we recommend that you extend the reporting 

area one mile into the portion of the property that 

borders your campus. We consider this to be a 

reasonable walking distance from the campus. 

However, if the portion of the park adjacent to your 

campus is fenced in or otherwise inaccessible from 

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

park is gated on the portion that borders your 

campus, and the gate is open at specific times, the 

park is your public property at the times it is 

accessible from your campus. If the public park is on 

the opposite side of the street from your campus, do 

not include it in your public property category. 

• Public waterways: If the public property that is 

immediately adjacent to your campus is a public 

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

suggest that you extend the reporting area one mile 

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

borders your campus. However, if the portion of the 

waterway adjacent to your campus is inaccessible 

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

the waterway is accessible at specific times, it is your 
Chapter 2. Geography: Location, Location, Location

The Handbook for Campus Safety and Security Reporting 23

public property at the times it is accessible from your 

campus.

• Public transit stops: A public transit stop (e.g., 

subway or metro station, trolley or bus stop) located 

on your campus or immediately adjacent to your 

campus is included in your public property category 

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

paid a fare. For a subway or metro station, your 

public property would end at the fare gates. For a 

trolley or bus stop, it would end when someone gets 

on the vehicle. Apply this guidance to all other types 

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

campus police or security department whose patrol 

jurisdiction extends beyond the point where a fare is 

required, crimes reported there would be included in 

your daily crime log. An example is campus police 

who patrol the waiting platform of a commuter train 

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

• Public buildings: Buildings or property belonging to 

a public college or university are not considered 

public property under Clery. Nor are buildings that 

are open to the public in private institutions. 

Do not include the inside of a public building such as 

a public high school or public library in your public 

property category. 

Some state institutions have charters specifying that 

state-owned roads running through the campus are 

under the control of the campus. Such roads are 

on-campus roads, not public property. 

• Institutions that share a campus: If you share an 

entire campus with another Title IV institution, both 

institutions have the same public property. 

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

does not have any public property. Some examples 

are: 

– An institution that is located on, and 

completely surrounded by, the campus of 

another institution. If you cannot step out of 

one of the buildings you control without 

stepping onto property owned or controlled by 

the other institution, you don’t have any public 

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

24 The Handbook for Campus Safety and Security Reporting

– All property within your campus boundaries is 

owned or controlled by your institution and 

there are no public streets, sidewalks, 

thoroughfares or parking facilities immediately 

adjacent to your campus. 

– An institution that is located in a mall or office 

building if the parking lot and streets 

surrounding the building are privately owned 

by an individual or business. 

– A campus entirely surrounded by a gated fence 

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

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

gate remains open for a specific period of time, 

and the gate opens onto a public road, the 

portion of the road along the gated side of the 

campus is public property during the times the 

gate is open. (Do not limit this public property 

to the area immediately in front of the gate.) 

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

all sides. When the gate is open, the college’s public property consists of the public sidewalk, street and opposite 

sidewalk that border the gated side of the campus.
Chapter 2. Geography: Location, Location, Location

The Handbook for Campus Safety and Security Reporting 25

Before Moving On ... 

It’s important that all Title IV institutions are on the 

same page regarding campus crime reporting. A significant 

part of this is adhering to Clery geographic parameters when 

making your statistical disclosures. If there’s some public 

property near your institution that’s dangerous but it’s not 

within your reportable geography, and you want to report 

statistics for that location, don’t include it in your Clery 

statistical disclosures. Instead, add a caveat or table that clearly 

separates non-Clery statistics from Clery statistics. 

It’s important that 

all Title IV 

institutions are on 

the same page 

regarding campus 

crime reporting. A 

significant part of 

this is adhering to 

Clery geographic 

parameters when 

making your 

statistical 

disclosures. How to Identify Your Noncampus 

Buildings or Property 

Does your institution own or control any buildings or 

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

country? Does it have any officially recognized student 

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

“noncampus buildings or property.” 

The noncampus category encompasses two distinct types 

of buildings and property: those owned or controlled by 

officially recognized student organizations, and those located 

off campus but owned or controlled by your institution. The 

Clery definition of noncampus buildings or property is:

Noncampus definition

citation

34 CFR 668.46(a)

Any building or property owned or controlled by a 

student organization that is officially recognized by the 

institution; or Any building or property owned or 

controlled by an institution that is used in direct support 

of, or in relation to, the institution’s educational 

purposes, is frequently used by students, and is not within 

the same reasonably contiguous geographic area of the 

institution.

The first part of the definition applies to any building or 

property that is owned or controlled by a student organization if

the organization is “officially recognized” by your institution. 

If it’s owned or controlled by the student organization, it’s 

considered noncampus under Clery. There is one exception to 

this rule. If a fraternity or sorority house is located within the 

confines of the campus on land that is owned by the institution, 

the building is considered to be “on campus” even if it is 

owned or controlled by the fraternity or sorority. 
Chapter 2. Geography: Location, Location, Location

26 The Handbook for Campus Safety and Security Reporting

The second part of the definition applies to additional 

locations that are associated with the campus but are not 

separate campuses. For example, you might lease a municipal 

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

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

to hold creative writing classes for your students. Perhaps your 

institution owns an apartment building a few miles from the 

campus that you use for student housing. These locations are 

examples of what the Clery Act calls noncampus buildings and 

properties, and because your institution owns or controls them, 

you must disclose statistics for reported crimes that occur there.

These are some of the more common types of noncampus 

locations, but you should include any location (except a 

separate campus) that: 

• Is owned or controlled by the institution; 

• Supports or is used for the institution’s educational 

purposes; 

• Is frequently used by students; and 

• Is not considered part of the core campus. 

Because an institution may rent, lease or otherwise 

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

you give someone at your institution responsibility for 

monitoring the status of all buildings and properties for which 

you have a written agreement. If your institution rents a 

classroom location only for a semester, the following semester 

that location would no longer be included in your noncampus 

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

same rented location only as offices for your payroll personnel, 

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

to be a noncampus location. Regardless of the time period 

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

you must disclose Clery crime statistics for the days and times 

that your institution owns or controls any buildings or property 

that meet the noncampus definition. 

Other Noncampus Considerations 

• Noncampus locations do not have a public 

property reporting requirement. Although you 

must disclose Clery crime statistics for public 

property that is within or immediately adjacent to and 

accessible from your campus, you are not required to 

Noncampus 

locations do not 

have a public 

property reporting 

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

The Handbook for Campus Safety and Security Reporting 27

do so for public property within or adjacent to 

noncampus buildings or property. 

• There is a difference between owning and 

controlling a noncampus building or property. If 

your institution owns a noncampus building or 

property you must disclose statistics for crimes that 

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

location, under Clery you only have to disclose 

statistics for crimes that occur when your institution 

has control of the space, that is, for the dates and 

times specified in your lease, rental agreement or 

other written agreement. Additionally, if your 

agreement is for a section of a building or property, 

for example the third floor of an office building, you 

only have to disclose statistics for crimes that occur 

on the third floor, plus any other areas of the building 

that your students or employees must use to access 

the contracted space. So, suppose you have an 

agreement for the third floor of a building for Sept. 1 

through Nov. 30, Monday through Thursday, 

7:00 a.m. to 12:00 p.m. You must disclose statistics 

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

Monday through Thursday, 7:00 a.m. to 12:00 p.m. 

on the third floor, the stairwell and elevators, the 

main lobby if it’s used to access the stairwell and 

elevators, etc. If your contract includes the use of the 

parking lot or spaces 1 through 20 in the parking lot, 

include statistics for crimes that occur in the lot or in 

spaces 1 through 20 as well. Note that if your 

contract specifies 7:00 a.m. to 12:00 p.m., you must 

disclose statistics for that time period even if your 

students and employees only occupy the space for 

part of that time, for example, from 8:00 a.m. to 

11:30 a.m. 

• Limits of control: Suppose your institution rents one 

half of a building—for example, a public high 

school—for specific days and times. One night while 

one of your classes is in session, a criminal incident 

occurs in the part of the building not leased by your 

institution. You are not required to disclose the crime 

statistic because your institution doesn’t have control 

over the part of the building you don’t lease. This is 

true even if the crime involved one of your students. 

• Space versus program agreements: Perhaps your 

institution sends students to an off-campus site for 
Chapter 2. Geography: Location, Location, Location

28 The Handbook for Campus Safety and Security Reporting

internships, externships, clinical training or student 

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

within the site, include the site or the specified space 

in your noncampus category. If you do not own or 

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

agreement, even a written agreement, to send your 

students to a location for one of the aforementioned 

reasons, but that written agreement is for the 

program rather than for use of the physical space, 

you do not have control of the location and do not 

have to disclose statistics for crimes that occur there. 

For example, if you have a written agreement to send 

students to a privately owned hospital for clinical 

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

use of the hospital or any space within the hospital, 

you do not have to disclose statistics for crimes that 

occur there. However, if you rent classroom space for 

your students within the same hospital, you are 

required to disclose crime statistics for that space, as 

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

hallways and elevators used to access that space for 

the period of time specified in the agreement. 

• Corporate offices: Include corporate offices that are 

owned or controlled by your institution and are not 

reasonably contiguous to your campus in the 

noncampus category if they are frequented by your 

students for any reason, including student jobs or 

internships. 

• Prisons: If your institution sends faculty to a prison 

to teach, do not include the prison in your Clery 

disclosures as you do not own or control it. 

• Military bases: If you have a written agreement, 

such as a memorandum of understanding, giving you 

control over some part of a military base, include the 

space in your noncampus category. Disclose statistics 

for crimes that occur in that space for the days and 

times specified in the agreement. If you simply send 

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

agreement with the base giving you control of any 

space there, do not include the base in your 

noncampus geography. 

• Third-party contracts: If there is an apartment 

building across town from your campus that’s owned 

by a third party that has a written agreement with 
Chapter 2. Geography: Location, Location, Location

The Handbook for Campus Safety and Security Reporting 29

your institution to provide student housing, it is a 

noncampus location. It doesn’t matter whether the 

rent is paid to the third party by the institution on 

behalf of the students or paid directly by the students. 

If multiple institutions contract with the apartment 

building owner to provide student housing, you still 

must report based on your agreement. This means 

that if your agreement is limited to apartments on the 

north wing of the first floor, disclose statistics for the 

apartments on that wing plus any common areas, 

such as the laundry room and the lobby, and the 

hallway used to access the apartments. If your 

agreement doesn’t specify which apartments are 

reserved for use by your institution’s students, you 

must disclose statistics for the entire building except 

for the interior of the apartments that are used by 

another school’s students. 

• Institution-owned apartments and management 

companies: If your school owns an off-campus 

apartment building and puts a management company 

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

building for student housing, do not include the 

building in your noncampus category even if some of 

your students happen to rent apartments there. The 

building doesn’t support the institution’s educational 

purposes. 

• Mixed-use apartment buildings: If your school 

owns or controls an off-campus apartment building 

and reserves certain apartments or floors of 

apartments for student housing, the areas used for 

that housing, as well as common areas and areas used 

to access the student housing, are included in your 

noncampus category. Include any unoccupied 

apartments that are specifically reserved for student 

housing. Do not include the apartments or floors of 

apartments that are not reserved for student housing. 

Do not include floors or apartments that are reserved 

for your faculty or staff.
Chapter 2. Geography: Location, Location, Location

30 The Handbook for Campus Safety and Security Reporting

Figure 4. Example of noncampus: mixed-use apartment building. In this illustration, the college leases the 

second floor of an off-campus apartment building to house students. The college must disclose statistics in the 

noncampus category for crimes reported to have occurred on the second floor, the lobby and the stairs and 

elevator that students use to access the second floor.

• Preferred leasing: If you steer students toward 

recommended off-campus housing, but the housing is 

not owned or controlled by your institution, you 

aren’t required to disclose statistics for crimes that 

occur there. 

• Field trips: You are not required to disclose statistics 

for crimes that occur on field trips at locations your 

institution does not own or control. 

• Overnight, school-sponsored trips: If your 

institution sponsors students on an overnight trip, for 

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

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

rooms because they don’t meet the frequently-usedby-students criterion. 

• Study abroad programs: If your institution sends 

students to study abroad at an institution that you 

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

statistics for crimes that occur in those facilities. 

However, if your institution rents or leases space for 

your students in a hotel or student housing facility, 

you are in control of that space for the time period 

covered by your agreement. Host family situations do 

not normally qualify as noncampus locations unless 
Chapter 2. Geography: Location, Location, Location

The Handbook for Campus Safety and Security Reporting 31

your written agreement with the family gives your 

school some significant control over space in the 

family home.

• Research boats/ships: If your institution owns or 

controls research boats or ships that carry students for 

educational purposes, you must disclose Clery crimes 

that occur on those vessels. 

• Institutions with shared campuses: If your 

institution shares a campus with another institution 

that has noncampus buildings or property, you are not 

required to disclose crime statistics for those 

noncampus buildings or properties unless the 

agreement gives your institution use of them as well. 

• A noncampus location that becomes a separate 

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

for a period of time and then become a separate 

campus. For example, suppose your institution rents a 

few rooms in a building where your students take one 

or two writing classes. This is a noncampus location. 

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

location and you decide to rent additional space there 

and offer a certificate program in technical writing. 

You hire a program director and administrative 

assistant to work there. Now the location offers an 

organized program of study and has administrative 

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

comply with all of the applicable HEA requirements. 

If the situation changes and the location is once again 

used only for a class or two, it reverts back to being a 

noncampus location. 

Use of Maps 

Although the use of a map is not required under Clery, 

some institutions choose to provide one in their annual security 

report to help the campus community better understand where 

reported crimes occurred. A map is also useful if your 

institution is ever visited by our program reviewers to help 

identify the buildings and property that make up your 

institution’s Clery geography, and to pinpoint the patrol 

jurisdiction of your campus police or security personnel, if you 

have any. Use a map only if it presents an accurate picture of 

the geographic locations it depicts, and update it as necessary. 

If you have several campuses and choose to provide maps, you 

must have a separate map for each campus. 
Chapter 2. Geography: Location, Location, Location

32 The Handbook for Campus Safety and Security Reporting

When in Doubt ... 

Remember that keeping track of the buildings and 

properties your institution owns and controls, and what they are 

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

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

situation that isn’t covered here, help is always available. 

Please see “Getting Additional Help” in Chapter 1 for 

information on e-mailing our help desk. 

Remember that 

keeping track of the 

buildings and 

properties your 

institution owns and 

controls, and what 

they are used for, is 

an institutional 

responsibility.
The Handbook for Campus Safety and Security Reporting 33

Crime Statistics:

Classifying and Counting 

Clery Act Crimes

CHAPTER 3

Consider the following scenarios: 

A student enters three unlocked rooms in an oncampus student housing facility and takes several 

items from two of them ... 

Campus security breaks up a party in a noncampus 

student housing facility and six students get referred 

for disciplinary action for possession of marijuana ... 

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

dining hall ... 

Items are stolen from a retail store located in the 

same mall as your school ... 

Are these incidents Clery crimes? Must you disclose 

statistics for them in your annual security report and the Webbased data collection? Should you count crimes in dorm rooms 

the same way you count crimes in academic offices? What’s 

the difference between Burglary and Larceny?

This chapter discusses the types of crimes that the Clery 

Act requires your institution to disclose and the rules for 

classifying and counting them. Throughout the discussion, 

there are examples that illustrate the rules and the exceptions to 

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

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

instructions on entering the statistics in the Web-based survey 

see the user’s guide located at 

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

The Clery Act requires your institution to disclose three 

general categories of crime statistics:

Reported crime statistics 

citation

34 CFR 668.46(c)

• Criminal Offenses—Criminal Homicide, including: 

a) Murder and Non-negligent Manslaughter, and 

b) Negligent Manslaughter; Sex Offenses including: 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

34 The Handbook for Campus Safety and Security Reporting

a) Forcible, and b) Non-forcible; Robbery; 

Aggravated Assault; Burglary; Motor Vehicle Theft; 

and Arson. 

• Hate Crimes—Any of the above-mentioned 

offenses, and any incidents of Larceny-Theft, Simple 

Assault, Intimidation, or 

Destruction/Damage/Vandalism of Property1 that 

were motivated by bias; and

 

1 The 2008 HEOA regulations expanded the list of hate crime statistics to be included in Clery 

Act statistical disclosures.

• Arrests and Referrals for Disciplinary Action for 

Weapons: Carrying, Possessing, Etc., Drug Abuse 

Violations and Liquor Law Violations. 

Crime Definitions 

Per the Clery Act, you must classify crimes based on the 

Federal Bureau of Investigation’s (FBI’s) Uniform Crime 

Reporting Handbook (UCR). For sex offenses only, use 

definitions from the FBI’s National Incident-Based Reporting 

System (NIBRS) edition of the UCR. Classify hate crimes 

according to the FBI’s Uniform Crime Reporting Hate Crime 

Data Collection Guidelines and Training Guide for Hate Crime 

Data Collection. Although the law states that institutions must 

use the UCR for defining and classifying crimes, it doesn’t 

require Clery Act crime reporting to meet all UCR standards. 

Uniform Crime Reporting 

Handbook definitions citation

34 CFR 668.46(c)(7)

Note that in this chapter, UCR crime definitions appear 

in italics. Some of the text that is provided to help you classify 

criminal incidents is taken directly from FBI materials and 

some has been condensed or paraphrased. Some crime 

examples are taken or adapted from FBI materials, and others 

were created for this handbook based on questions schools 

have asked our Campus Safety and Security Help Desk over 

the years.

You must disclose reported 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. 

You must 

disclose reported 

offenses, not the 

findings of a 

court, coroner or 

jury or the 

decision of a 

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

The Handbook for Campus Safety and Security Reporting 35

Types of Criminal Offenses

1. Criminal homicide. These offenses are separated into 

two categories: Murder and Non-negligent Manslaughter, and 

Negligent Manslaughter. 

a) Murder and Non-negligent Manslaughter is 

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

human being by another. Count one offense per 

victim.

Classify as Murder and Non-negligent Manslaughter: 

Any death caused by injuries received in a fight,

argument, quarrel, assault or commission of a crime. 

Do not classify as Murder and Non-negligent 

Manslaughter:

• Suicides.

• Fetal deaths.

• Traffic fatalities.

• Accidental deaths.

• Assaults to murder and attempts to murder. (Classify 

assaults and attempts to murder as aggravated 

assaults.) 

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

the result of a crime, even in instances where an 

individual is known to have a weak heart. 

• Justifiable homicide (which is defined as and limited 

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

of duty, or the killing of a felon during the 

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

36 The Handbook for Campus Safety and Security Reporting

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. Classify this 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. Classify this as one on-campus Murder and Nonnegligent 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. Classify this as one noncampus Murder and Non-negligent Manslaughter statistic.

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

sidewalk in front of a building on campus. Classify this 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 a statistic 

for this incident in your statistical disclosures, as the incident occurred at a private facility 

off campus. 

b) Negligent Manslaughter is defined as the killing of 

another person through gross negligence. Count one 

offense per victim.

Classify as Negligent Manslaughter: 

Any death caused by the gross negligence of another. 

Gross negligence is the intentional failure to perform a 

manifest duty in reckless disregard of the consequences as 

affecting the life or property of another. In other words, it’s 

something that a reasonable and prudent person would not do. 

Do not classify as Negligent Manslaughter: 

• Deaths of persons due to their own negligence. 

• Accidental deaths not resulting from gross 

negligence. 

• Traffic fatalities. 

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

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

The Handbook for Campus Safety and Security Reporting 37

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. Classify this as one Negligent 

Manslaughter in the on-campus category and one Negligent Manslaughter in the oncampus student housing facility category.

2. Sex offenses. Sex offenses are separated into two 

categories: forcible and non-forcible. Include attempted sex 

offenses, but do not include in your Clery statistical disclosures 

any sex offenses other than the four types of Forcible Sex 

Offenses and the two types of Non-forcible Sex Offenses 

described in this chapter. 

a) 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. Count one offense per victim. In 

cases where several offenders commit a Forcible Sex 

Offense against one person, count one Forcible Sex 

Offense. Do not count the number of offenders. 

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. 

Count one offense per victim.

If force was used or threatened, classify the crime 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, classify the crime 

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

38 The Handbook for Campus Safety and Security Reporting

temporary or permanent mental or physical 

incapacity. Count one offense per victim.

• 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.

Count one offense per victim.

• 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. Count 

one offense per victim. 

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. Classify this as one on-campus Forcible Sex Offense. 

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

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

as one Forcible Sex Offense in the on-campus category and one Forcible Sex Offense in the 

on-campus student housing facility category. 

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

building. Classify this as one on-campus Forcible Sex Offense if it’s determined that the 

offender’s intent was sexual gratification. 

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. Classify this as 

one on-campus Forcible Sex Offense. 

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

an off-campus fraternity house owned by the fraternity. Each male raped each of the female 

students. Classify this as three noncampus Forcible Sex Offenses. 

Scenario 6: A female student reports that an unknown male attempted to rape her on a cityowned sidewalk outside a classroom building on campus, but that he was frightened away by 

another pedestrian before completing the attack. Classify this as one public property Forcible 

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

The Handbook for Campus Safety and Security Reporting 39

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. 

Classify this 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, classify this as one 

noncampus Aggravated Assault (defined in criminal offense no. 4 later in this chapter.)

Scenario 9: A woman is walking on a public sidewalk in front of your campus and a male 

pinches her buttocks as he runs by her. Classify the incident as one Public Property 

Forcible Sex Offense if it’s determined that the man’s intent was sexual gratification. 

b) Sex Offenses—Non-forcible is defined as unlawful, 

non-forcible sexual intercourse. 

There are two types of Non-forcible Sex Offenses:

• Incest is non-forcible sexual intercourse between 

persons who are related to each other within the 

degrees wherein marriage is prohibited by law. 

Count one offense per victim.

• Statutory Rape is non-forcible sexual intercourse 

with a person who is under the statutory age of 

consent. Count one offense per victim.

The statutory age of consent differs by state. 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 

18 or older. We recommend that you consult your 

state’s statutes to determine the statutory age of 

consent. Remember, if force was used or 

threatened, or the victim was incapable of giving 

consent because of his/her youth or temporary or 

permanent mental impairment, classify the 

offense as forcible rape, not statutory rape. The 

ability of the victim to give consent must be a 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

40 The Handbook for Campus Safety and Security Reporting

professional determination by a law enforcement 

agency.

Remember, do not classify as Non-forcible Sex Offenses:

• Date or acquaintance rape. (These are Forcible Sex 

Offenses.)

• Any offense other than incest or statutory rape.

Examples of Non-forcible Sex Offenses

Scenario 1: A 21-year-old student has sex with a 15-year-old juvenile in the student’s oncampus apartment. There is no use of force or threat of force (the statutory age of consent 

is 16). Classify this as one Non-forcible Sex Offense in the on-campus category and one 

Non-forcible Sex Offense in the on-campus student housing facility category. 

Scenario 2: Campus police respond to a call from the dean reporting that an unknown man 

exposed himself to a group of female students on campus. Do not include a statistic for this 

incident in your disclosures as it is not a Clery Non-forcible Sex Offense.

We recommend that you double-check all reports of nonforcible sex offenses to confirm that they fit the UCR NIBRS 

definition. This does not mean that the offense must be 

investigated by law enforcement before the statistic is 

disclosed. Just confirm that the description of the offense in the 

report fits the definition of either incest or statutory rape.

3. Robbery. Robbery is the taking or attempting to take 

anything of value from the care, custody, or control of a person 

or persons by force or threat of force or violence and/or by 

putting the victim in fear. In any instance of Robbery, count 

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

including attempts. Do not count the number of victims 

robbed, those present at the robbery or the number of 

offenders.

Essential Elements of a Robbery: 

• Committed in the presence of a victim (usually the 

owner or person having custody of the property). 

• Victim is directly confronted by the perpetrator.

• Victim is threatened with force or put in fear that 

force will be used.

• Involves a theft or larceny. 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

The Handbook for Campus Safety and Security Reporting 41

Because some type of assault is an element of robbery, 

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

performed in furtherance of the robbery. However, if the injury 

results in death, classify the incident as Murder and Nonnegligent Manslaughter. 

Aids to Classifying Incidents as Robberies

The classification of Robbery includes both armed 

robbery and robberies where only personal weapons are used. 

Armed robbery includes incidents commonly referred to as 

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

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 on pages 53 and 54.) 

Robberies in which only personal weapons, such as hands, 

arms, fists, feet and teeth are used or threatened to be used, 

may be referred to as strong-arms or muggings.

The UCR considers a weapon to be a commonly known 

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

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

the commission of a crime. Robbery also includes crimes 

involving pretended weapons or those in which the weapon is 

not seen by the victim, but the robber claims to possess one. 

Remember, the use or threat of force is an essential 

element of robbery. For example, classify a pocket-picking or 

purse-snatching where force is neither used nor threatened as 

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

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

Remember, the use 

or threat of force is 

an essential 

element of robbery. 

Example of Robbery 

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

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

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

Classify this as one Robbery on public property. 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

42 The Handbook for Campus Safety and Security Reporting

4. Aggravated Assault. Aggravated assault is an

unlawful attack by one person upon another for the purpose of 

inflicting severe or aggravated bodily injury. This type of 

assault usually is accompanied by the use of a weapon or by 

means likely to produce death or great bodily harm. Count 

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

involved in a dispute or disturbance, and the aggressors cannot 

be distinguished from the victims, count the number of persons 

assaulted as the number of offenses. 

As stated earlier, 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. For example, if an 

individual intentionally drives a car into another occupied car, 

classify the incident as an Aggravated Assault regardless of the 

extent of injury sustained by the victim—the car was used as a 

weapon. If the victim dies, however, classify the death as 

Murder and Non-negligent Manslaughter. 

Classify as Aggravated Assaults: 

• Assaults or attempts to kill or murder.

• Poisoning. 

• Assault with a dangerous or deadly weapon. 

• Maiming.

• Mayhem.

• Assault with explosives.

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

aware that he or she is infected with a deadly disease 

and deliberately attempts to inflict the disease by 

biting, spitting, etc.). 

• All assaults by one person upon another with the 

intent to kill, maim or inflict severe bodily injury 

with the use of any dangerous weapon. It is not 

necessary that injury result from an aggravated 

assault when a gun, knife or other weapon that could 

cause serious personal injury is used. 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

The Handbook for Campus Safety and Security Reporting 43

• Assault cases that might be categorized as assault and 

battery, disorderly conduct, domestic violence or 

simple assault by some local jurisdictions, even 

though a knife, gun or other weapon was used in the 

incident. 

• 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 injuries, loss of teeth 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 firstaid treatment.

Aid for Classifying Assaults 

Carefully consider the following factors in classifying 

assaults:

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

weapon; 

• The seriousness of the injury; and 

• The intent of the assailant to cause serious injury. 

Often, the weapon used or the extent of the injury 

sustained will be the deciding factor in distinguishing 

aggravated from simple assault. It’s only necessary in a limited 

number of instances to examine the intent of the assailant. 

Do not classify an incident as an Aggravated Assault 

based on prosecutorial policy in a jurisdiction. Examine and 

classify assaults according to the standard UCR definitions, 

regardless of whether they are labeled misdemeanors or 

felonies by local definitions. 

Examine and 

classify assaults 

according to the 

standard UCR

definitions, 

regardless of 

whether they are 

labeled 

misdemeanors or 

felonies by local 

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

44 The Handbook for Campus Safety and Security Reporting

Examples of Aggravated Assault 

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

the sorority located a mile from the campus. Sarah grabbed a lacrosse stick and repeatedly 

beat Anne across the back with it, breaking several ribs. Classify this as one Aggravated 

Assault in the noncampus category. 

Scenario 2: Two students are involved in a fist fight in the laundry room in their oncampus dormitory. Both have head injuries and are treated at a hospital. Classify this as 

two Aggravated Assaults in the on-campus category and two Aggravated Assaults in the 

on-campus student housing facility category. 

Scenario 3: Brad and Tim 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. Classify this as one on-campus Aggravated Assault.

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

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

injured individuals. None of the individuals would cooperate and the campus police could 

not determine who started the fight. The four individuals suffered from severe knife 

wounds. Classify this incident as four Aggravated Assaults on public property. 

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

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

distinct operation.

Classify as Burglary: 

• Offenses that are classified by local law enforcement 

agencies as Burglary (any degree); unlawful entry 

with intent to commit a larceny or felony; breaking 

and entering with intent to commit a larceny; 

housebreaking; safecracking; and all attempts at these 

offenses. 

• Forcible Entry. All offenses where force of any kind 

is used to unlawfully enter a structure for the purpose 

of committing a theft or felony. This rule applies 

when a thief gains entry by using tools; breaking 

windows; forcing windows, doors, transoms or 

ventilators; cutting screens, walls or roofs; and where 

known, using master keys, picks, unauthorized keys, 

celluloid, a mechanical contrivance of any kind (e.g., 

a passkey or skeleton key) or other devices that leave 

no outward mark but are used to force a lock. This 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

The Handbook for Campus Safety and Security Reporting 45

includes burglary by concealment inside a building 

followed by exiting the structure.

• Unlawful Entry–No Force. The entry of a structure in 

this situation is achieved by use of an unlocked door 

or window. The element of trespass to the structure is 

essential in this category, which includes thefts from 

open garages, open warehouses, open or unlocked 

dwellings (such as dorm rooms) and open or 

unlocked common basement areas in apartment 

houses where entry is achieved by someone other 

than the tenant who has lawful access. 

• Attempted Forcible Entry. A situation where a 

forcible entry into a locked structure is attempted but 

not completed. 

Do not classify as Burglary: 

• Thefts from automobiles, whether locked or not. 

• Shoplifting from commercial establishments. 

• Thefts from coin boxes or coin-operated machines. 

• Thefts from areas of open access. If a perpetrator 

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

is no unlawful trespass), the incident is classified as 

Larceny, not Burglary. For example, if a student 

leaves his backpack under the table in a campus 

dining hall and another student takes it, it’s a 

Larceny. However, if a student leaves his backpack 

under the table in a campus dining hall and another 

student breaks into the building after hours and steals 

the backpack, that’s a Burglary. 

If a perpetrator 

steals an item from 

an area of open 

access (i.e., there is 

no unlawful 

trespass), the 

incident is 

classified as 

Larceny, not 

Burglary.

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

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

burglary to become a robbery. For example, a student 

returns to her dorm room and surprises a burglar. The 

burglar physically attacks the student, steals her purse 

and flees. Because the burglar attacked the student 

and took her property, classify this incident as a 

Robbery. If the student had not been physically 

confronted by the burglar and merely observed the 

burglar leaving her room, the incident would be 

classified as a Burglary, even if the burglar left 

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

46 The Handbook for Campus Safety and Security Reporting

• A forcible entry or unlawful entry in which no theft 

or felony occurs, but acts of vandalism, malicious 

mischief, etc., are committed, provided investigation 

clearly established that the unlawful entry was for a 

purpose other than to commit a felony or theft. 

An incident must meet three conditions to be classified 

as a Burglary:

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

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

structure at the time the incident occurred. 

Examples of lawful access include:

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

five other students who do not have keycards for that 

dorm into the building. All six of the students have 

lawful access to the building. 

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

guests. All five students have lawful access to the 

dorm room. 

• A faculty member has an office in the science 

building. Students are in and out of the office while 

the science building is open. Anyone from the 

campus community going in the office during this 

time has lawful access. 

Examples of unlawful access include:

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

her knowing, a student without a keycard to the 

building walks in after her. The student without the 

keycard does not have lawful access to the building. 

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

invited guests. When the party is over the host asks 

everyone to leave. She leaves the door unlocked 

while she goes to visit another student. One of the 

students who was at the party opens the door and 

takes some money off of the desk. That student does 

not have lawful access to the room. 

• A faculty member has an office in the science 

building. One night when the science building is 

locked, a maintenance worker who does not have a 

work order for the building, uses a maintenance key 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

The Handbook for Campus Safety and Security Reporting 47

to unlock the building and then unlock the faculty 

member’s door and steal a computer. The 

maintenance worker does not have lawful access to 

the office. 

2) The unlawful entry must occur within a structure, 

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

The UCR definition of a structure includes:

• Apartment, barn, cabin, church, condominium, 

dwelling house, factory, garage, house trailer or 

houseboat (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. 

The UCR definition of a structure does not include:

• Motor vehicles. 

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

other mobile units that are being used for recreational 

purposes. 

• A telephone booth. 

• A gym locker or cubby. 

3) The structure was unlawfully entered to commit a 

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

theft, do not classify the incident as Burglary. For example, if 

someone unlawfully entered a structure to write graffiti on the 

walls, do not classify the incident as Burglary. 

Special rules for counting Burglaries

Burglaries in individual student rooms: Because 

residents of rooms in student housing facilities are not 

considered transient, the Burglary of each room is a separate

offense. This means that if an offender unlawfully enters five 

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

purpose of taking something, you should count this as five 

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

48 The Handbook for Campus Safety and Security Reporting

Burglaries in suites: Each bedroom in a student housing 

facility suite is considered a separate dwelling. Count the 

Burglary of four bedrooms and the common room in a suite 

during a single incident as five Burglaries.

Burglaries in private academic offices: Unlike a 

student housing facility in which each room is considered to be 

a separate dwelling, the various rooms within an academic 

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

college or university). Count the burglary of an academic 

structure as one offense, regardless of the number of interior 

rooms entered or items stolen if the rooms were all burglarized 

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

burglarized within different time frames, for example one 

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

this as two Burglaries.)

Burglaries in patient rooms in campus or noncampus 

medical centers: Because residents in patient rooms in 

hospitals or medical centers are transient, offenses are most 

likely to be reported to law enforcement by the institution. 

Count the burglary of a number of patient rooms as a single 

offense. 

Examples of Burglary 

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

student living down the hall. Because the student unlawfully entered the room, classify the 

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

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

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

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

trespass. Classify this incident as a Larceny. Do not include this incident in your Clery 

statistical disclosures. 

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

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

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

and on-campus student housing facility category. 

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

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

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

had to have been taken by someone who did not have lawful access. Classify this incident 

as one on-campus Burglary and one on-campus student housing facility Burglary.
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

The Handbook for Campus Safety and Security Reporting 49

Examples of Burglary (Continued)

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

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

evidence that someone unlawfully entered the room to steal the watch, classify this 

incident as a Larceny. Do not include this incident in your Clery statistical disclosures. 

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

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

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

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

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

from a car. Because the garage has open access there was no element of trespass. Do not 

include this incident in your Clery statistical disclosures because it is a Larceny. 

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

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

classify this as a Larceny and do not include it in your Clery statistical disclosures. 

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

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

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

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

Scenario 10: The registrar reports that money was taken from her desk while she was 

out of her office for 15 minutes. Campus police investigate and determine that neither of 

the other two individuals who have lawful access to the office took the money. The 

perpetrator is unknown, however, because investigation has determined that no one with 

lawful access took the money, classify the incident as one on-campus Burglary. 

Scenario 11: A maintenance worker with a work order used his keys to enter an oncampus office to fix an air conditioner, and while he was there he decided to steal a 

laptop. Classify this incident as a Larceny because the maintenance worker had a right to 

be in the office at the time of the theft. He didn’t enter the office with the intent of 

stealing the laptop. Do not include this incident in your statistical disclosures.

Scenario 12: A maintenance worker without a work order used his keys to enter a 

locked on-campus office to search for something to steal. Classify this as one on-campus 

Burglary because the maintenance worker did not have a right to be in the office at the 

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

(Because the intent was to steal something, it’s a burglary even if the maintenance 

worker leaves empty-handed.) 

Scenario 13: A maintenance worker unlawfully entered an on-campus office to write 

graffiti on a wall. Do not classify this as a Burglary because the intent wasn’t to commit 

a felony or a theft.
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

50 The Handbook for Campus Safety and Security Reporting

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

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

each stolen vehicle.

Classify as Motor Vehicle Theft:

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

surface and not on rails, such as: sport utility 

vehicles, automobiles, trucks, buses, motorcycles, 

motor scooters, trail bikes, mopeds, all-terrain 

vehicles, self-propelled motor homes, snowmobiles, 

golf carts and motorized wheelchairs. 

• All incidents where automobiles are taken by persons 

not having lawful access even though the vehicles are 

later abandoned. Include joyriding in this category. If 

a vehicle is stolen in conjunction with another 

offense, classify the crime using the procedures for 

classifying multiple offenses (i.e., the Hierarchy 

Rule, pages 53–54).

Do not classify as Motor Vehicle Theft: 

• Theft of any of the following: Farm equipment, 

bulldozers, airplanes, construction equipment, water 

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

• Taking a vehicle for temporary use when prior 

authority has been granted or can be assumed, such 

as in family situations, rental car agreements, or 

unauthorized use by chauffeurs and others having 

lawful access to the vehicle.

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

motor vehicle. Classify this offense as a Burglary. 

• Thefts from motor vehicles. Theft from a motor 

vehicle is Larceny, which is not a Clery Act crime 

unless it’s motivated by bias (i.e., a hate crime). 

(More about this in the hate crimes section of this 

chapter on pages 55–64.) 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

The Handbook for Campus Safety and Security Reporting 51

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. Classify this as one on-campus Motor Vehicle 

Theft.

Scenario 2: A car stereo and CDs are reported stolen from a car parked along a cityowned street on campus. Do not include a statistic for 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 a statistic for this crime, because it occurred on public 

property adjacent to a noncampus location. 

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

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

house, public building, motor vehicle or aircraft, personal 

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

Arson operation originating within the reporting 

jurisdiction.

Classify as Arson: 

• Only fires determined through investigation to have 

been willfully or maliciously set. Because the Clery 

Act requires institutions to disclose all arsons that 

occur on their Clery geography, you must have every 

fire that is not known to be accidental (such as a 

cooking fire) investigated. An Arson determination 

must be made by either a fire authority such as a fire 

marshal, law enforcement personnel or another 

individual experienced in arson investigation. The 

latter includes someone at your institution who has 

received training in arson investigation by a fire 

authority. 

You must have 

every fire that is 

not known to be 

accidental (such as 

a cooking fire) 

investigated. 

• Attempts to burn. 

• Any fire that investigation determines to meet the 

UCR definition of arson regardless of the value of 

property damage. 

• Incidents where an individual willfully or maliciously 

burns his or her own property. 

Do not classify as Arson: 

• Fires of suspicious origin. 

• Fires of unknown origin. 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

52 The Handbook for Campus Safety and Security Reporting

Cautions in disclosing Arson statistics

• Point of origin: 

– If a fire (determined to be arson) starts in a 

privately owned house located next to your 

campus and spreads to a building on your 

campus, you are not required to disclose the 

arson statistic because the point of origin for 

the arson was not your Clery geography. 

If the situation is reversed, and an on-campus 

fire (determined to be arson) spreads to the 

house, you must include the on-campus arson 

in your Clery statistical disclosures.

– If the private home and the on-campus building 

are burning, and investigators later determined 

that the cause was arson, but the point of origin 

could not definitively be determined, your 

school is responsible for disclosing the arson 

statistic for the on-campus building only if the 

building suffers greater fire damage than the 

private home. 

• Classify incidents in which persons are killed as a 

direct result of arson as both Criminal Homicides and 

Arson. Similarly, report the number of persons 

severely injured during an arson as Aggravated

Assaults along with the Arson. When multiple 

reportable offenses are committed during the same 

distinct operation as the arson offense, report the 

most serious offense along with the arson. (More 

about the Hierarchy Rule on pages 53 and 54.) 

An important note for institutions that have on-campus 

student housing facilities: Arsons in on-campus student 

housing facilities must also be disclosed in your fire statistics. 

This means that in Scenario 5 on the next page, you must also 

classify the incident as one intentional fire in the on-campus 

student housing facility in which the fire occurred. (See 

Chapter 13 for more information on fire statistics.) 

Examples of Arson 

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

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

Manslaughter and one Arson in the on-campus category and one Murder and Non-negligent 

Manslaughter and one Arson in the on-campus student housing facility category. 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

The Handbook for Campus Safety and Security Reporting 53

Examples of Arson (Continued)

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

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

Arson in your annual crime statistical disclosures.

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

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

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

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

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

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

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

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

twelve Murder and Non-negligent Manslaughters in the on-campus category and the oncampus student housing facility category. 

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

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

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

housing facility categories.

Beyond the Basics—Additional Rules for 

Counting and Disclosing Crimes 

The Hierarchy Rule Hierarchy rule citation

When counting multiple of 34 CFR 668.48(c)(7) fenses, you must use the FBI’s

UCR Hierarchy Rule. This rule 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 were committed at the same time and place. 

That is, the time interval between the offenses and the distance 

between the locations where they occurred were insignificant. 

Beginning with the most serious offense, the following list 

shows the hierarchy for Clery Act reporting:

• Murder and Non-negligent Manslaughter 

• Negligent Manslaughter

• Forcible Sex Offenses

• Non-forcible Sex Offenses

• Robbery 

• Aggravated Assault

• Burglary

• Motor Vehicle Theft 

• Arrests

• Referrals for Disciplinary Action
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

54 The Handbook for Campus Safety and Security Reporting

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 a Drug Abuse Violation, disclose only 

the Aggravated Assault. 

A second example based on the hierarchy rule might be 

if a student is both forcibly raped and robbed during a single 

incident. In this case, disclose only the Forcible Sex Offense, 

because it is classified as the more serious crime in the 

hierarchy. 

There are exceptions to using the hierarchy rule when 

counting offenses. They apply to Arson and Hate Crimes. (See 

pages 61 and 62 for the rules for counting Hate Crimes.) The 

rules for counting Arson are as follows: 

• Always count Arson regardless of the nature of any 

other offenses that were committed during the same 

incident. 

• When multiple offenses are committed during the 

same distinct operation as the Arson offense, report 

the most serious offense along with the Arson. 

• Classify incidents in which persons are killed as a 

direct result of Arson as Murder and Non-negligent 

Manslaughter and Arson or Negligent Manslaughter 

and Arson. 

Attempted Crimes

Do not differentiate between attempted and completed 

crimes. For example, count an incident involving an attempted 

forcible rape as a Forcible Sex Offense. The only exception to 

this rule applies to attempts or assaults to murder when the 

victim does not die. Classify these incidents as Aggravated 

Assaults rather than murders.

Status of the Victim and Perpetrator 

The status of the victim and the perpetrator is irrelevant. 

Count all Clery Act crimes, even if they involve individuals not 

associated with the institution.
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

The Handbook for Campus Safety and Security Reporting 55

No Personal Identification 

When disclosing the number of reported crimes, do not 

identify 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 your institution’s disclosure of crime 

statistics. Crime reports made to campus security authorities 

may include personally identifiable information to aid in crime 

investigation. However, you must omit this information from 

the annual security report and the Web-based data collection. 

Personally identifiable 

information prohibition 

citation

34 CFR 668.46(c)(5) 

Note that, while unlikely, it is possible that a statistic 

may 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. (See directly below for more 

information on hate crimes.) For this reason, we recommend 

that you add a caveat to the entire statistical disclosure section 

stating that reported crimes may involve individuals not 

associated with the institution.

Hate Crimes 

Hate crimes citation

34 CFR 668.46(c)(3) 

The second category of statistics you must disclose after 

criminal offenses is hate crimes. A hate crime is a criminal 

offense committed against a person or property which is 

motivated, in whole or in part, by the offender’s bias. Bias is a 

preformed negative opinion or attitude toward a group of 

persons based on their race, gender, religion, disability, sexual 

orientation or ethnicity/national origin. 

Although there are many possible categories of bias, 

under Clery, only the following six categories are reported:

• Race. A preformed negative attitude toward a group 

of persons who possess common physical 

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

facial features, etc.) genetically transmitted by 

descent and heredity, which distinguish them as a 

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

whites). 

• Gender. A preformed negative opinion or attitude 

toward a group of persons because those persons are 

male or female. 

The Clery Act does 

not require crimes 

to be reported 

anonymously. It 

prohibits 

personally 

identifiable 

information from 

being included in 

your institution’s 

disclosure of crime 

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

56 The Handbook for Campus Safety and Security Reporting

• Religion. A preformed negative opinion or attitude 

toward a group of persons who share the same 

religious beliefs regarding the origin and purpose of 

the universe and the existence or nonexistence of a 

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

atheists). 

• Sexual orientation. A preformed negative opinion or 

attitude toward a group of persons based on their 

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. 

For Clery purposes, hate crimes include any offense in 

the following two groups that is motivated by bias.

Figure 5. Categories of hate crime offenses

Group A2

2 The terms “Group A” and “Group B” are used for the purposes of 

discussion only and are not HEA-related terms.

• Murder and Non-negligent manslaughter

• Forcible sex offenses 

• Non-forcible sex offenses

• Robbery 

• Aggravated assault

• Burglary

• Motor vehicle theft

• Arson

Group B2 

• Larceny-theft 

• Simple assault

• Intimidation 

• Destruction/damage/vandalism of property

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

The Handbook for Campus Safety and Security Reporting 57

The offenses in Group A include all of the Clery Act

offenses discussed earlier in this chapter (with the exception of 

Negligent Manslaughter and Weapons: Carrying, Possessing, 

Etc., Drug Abuse Violations, and Liquor Law Violations which 

cannot be classified as hate crimes). In addition to those 

offenses, the Group B offenses, i.e., larceny-theft, simple 

assault, intimidation, and destruction/damage/vandalism of 

property, should only be included in your Clery statistics if 

they are hate crimes.

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

leading, or riding away of property from the possession 

or constructive possession of another. (Larceny and 

theft mean the same thing in the UCR.) Constructive 

possession is the condition in which a person does not 

have physical custody or possession, but is in a position 

to exercise dominion or control over a thing.

Classify as Larceny: 

• Thefts of bicycles or automobile accessories.

• Shoplifting. 

• Pocket-picking. 

• The stealing of any property or article which is not 

taken by force and violence or by fraud. 

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

or items taken. (For example, include the unlawful 

taking of a parking sticker that is peeled off a car 

windshield.) 

• Attempted larcenies.

Do not classify as Larceny: 

• Motor vehicle theft. 

• Attempted motor vehicle theft.

• Embezzlement.

• Confidence games.

• Forgery.

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

58 The Handbook for Campus Safety and Security Reporting

2. Simple Assault is an unlawful physical attack by one 

person upon another where neither the offender 

displays a weapon, nor the victim suffers obvious 

severe or aggravated bodily injury involving apparent 

broken bones, loss of teeth, possible internal injury, 

severe laceration, or loss of consciousness.

Include all assaults which do not involve the use of a 

firearm, knife, cutting instrument or other dangerous weapon 

and in which the victim did not sustain serious or aggravated 

injuries.

3. Intimidation is to unlawfully place another person in 

reasonable fear of bodily harm through the use of 

threatening words and/or other conduct, but without 

displaying a weapon or subjecting the victim to actual 

physical attack.

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

he or she reports threatening words or other conduct to law 

enforcement personnel. To be the victim of intimidation, one 

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

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

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

the Intimidation to be considered a hate crime there would have 

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

category cyber-intimidation if the victim is threatened via 

computer while on your Clery geography.

4. Destruction/Damage/Vandalism of Property is to 

willfully or maliciously destroy, damage, deface, or 

otherwise injure real or personal property without the 

consent of the owner or the person having custody or 

control of it. 

Classify as Destruction/Damage/Vandalism of 

Property: 

 A wide range of malicious behavior directed at property, 

such as:

• Cutting auto tires.

• Drawing obscene pictures on restroom walls. 

• Smashing windows. 

• Destroying school records. 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

The Handbook for Campus Safety and Security Reporting 59

• Defacing library books. 

Do not classify as Destruction/Damage/Vandalism of 

Property: 

Incidents of burning that willfully or maliciously destroy, 

damage or deface property. Classify such incidents as 

Arson.

Classifying a crime as a hate crime is sometimes 

difficult. The following information adapted from the FBI’s 

Uniform Crime Reporting Hate Crime Data Collection 

Guidelines and Training Guide for Hate Crime Data Collection

should be useful in guiding you. 

Before an incident can be classified as a hate crime, 

sufficient objective facts must be present to lead a reasonable 

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

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

may be conclusive, facts such as the following, particularly 

when combined, are supportive of a finding of bias:

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

religion, disability, sexual orientation 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 or 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. 

d. Certain objects, items or things which indicate bias 

were used. For example, the offenders taped a photo 

of a burning cross to the door of the victim’s dorm 

room. 

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 student housing facility where 

the victim lives and the incident took place. This 

factor loses significance with the passage of time 

(i.e., it is most significant when the victim first 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

60 The Handbook for Campus Safety and Security Reporting

moved into the facility, and becomes less and less 

significant as time passes without incident).

f. Several incidents occurred in the same location at or 

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

same race, religion, disability, sexual orientation or 

ethnicity/national origin.

g. A substantial portion of the campus community 

where the crime occurred perceived that the incident 

was motivated by bias.

h. The victim was engaged in activities promoting his or 

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 on campus. 

i. 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).

j. The offender was previously involved in a similar 

Hate Crime or is a hate group member.

k. There were indications that a hate group was 

involved. For example, a hate group claimed 

responsibility for the crime or was active on the 

campus.

l. An historically established animosity existed between 

the victim’s and the offender’s groups. 

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

racial, religious, disability, sexual-orientation or 

ethnic/national origin group, was a member of an 

advocacy group supporting the precepts of the victim 

group. 

Additional considerations in determining whether an 

incident is a hate crime:

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

The aforementioned factors are not all-inclusive of 

the types of objective facts which evidence bias 

motivation. Therefore, examine each case for facts 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

The Handbook for Campus Safety and Security Reporting 61

which clearly provide evidence that the offender’s 

bias motivated him or her to commit the crime.

• Misleading facts. Be alert to misleading facts. For 

example, the offender used an epithet to refer to the 

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

same race.

• Feigned facts. Be alert to evidence left by the 

offenders that is meant to give the false impression 

that the incident was motivated by bias. For example, 

students of a religious school, 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 or her belief that the 

victim was a member of a racial, religious, disability, 

sexual-orientation 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. 

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

perception of the victim, that determines whether a crime is 

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

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

There must be evidence that the offender was motivated by that 

prejudice to commit the crime.

Rules for Counting Hate Crimes 

Hate crimes are counted in the same manner that the 

offenses are when they are not hate crimes except that the 

hierarchy rule does not apply to hate crimes. This means 

that: 

• You must count all of the offenses committed in a 

multiple offense incident that are bias-motivated. For 

example, there is a single reported incident involving 

an Aggravated Assault and a Motor Vehicle Theft 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

62 The Handbook for Campus Safety and Security Reporting

that were both motivated by bias. Disclose statistics 

for both crimes. 

• You must classify only the crimes that are biasmotivated as hate crimes in a multiple-offense 

incident. For example, three armed men commit a 

robbery on the porch of a fraternity house. Two of the 

offenders go inside the house intending to rob more 

students. One of them spots a Hispanic woman, grabs 

her, and rapes her. The two offenders were later 

arrested and the investigation showed that although 

the robbery was not bias-motivated, the rape was. 

Classify only the forcible Sex Offense as a hate 

crime. 

• For any Group A hate crime (see page 56 for the list 

of Group A hate crimes), your statistics should 

indicate the offense and also the offense with the 

category of bias. For example, if an Aggravated 

Assault is a hate crime, disclose one Aggravated 

Assault statistic in the general offenses category and 

one Aggravated Assault motivated by (category of 

bias) in the hate crime category. 

• The exception is when the Aggravated Assault 

statistic is not disclosed in the general offenses 

category because of the hierarchy rule. For example, 

for a single incident involving both a Forcible Sex 

Offense and an Aggravated Assault that were both 

hate crimes, disclose only the Forcible Sex Offense in 

the general offenses category and both the Forcible 

Sex Offense and the Aggravated Assault in the hate 

crimes category.

Examples of Hate Crimes

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

by gay and lesbian authors from a campus library exhibit. He leaves a note on the exhibit 

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

leaving the library with a large bag of books, he starts shouting that gay students have been 

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

Larceny-Theft characterized by sexual orientation bias.
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

The Handbook for Campus Safety and Security Reporting 63

Examples of Hate Crimes (Continued)

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

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

at black class members. The instructor calls campus security for assistance. A white 

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

the student, the student starts shoving the officer and shouting racial epithets at him. 

Classify this as one on-campus Simple Assault characterized by racial bias.

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

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

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

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

argument. The students tell him that one of them was driving toward the parking space 

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

drove into the space not knowing that the first student had intended to park there. The 

officer did not find any evidence that the Simple Assault was motivated by bias. Do not 

classify this incident as a hate crime. 

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

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

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

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

faculty member is afraid and calls the local police to report the threat. Classify this as 

one noncampus Intimidation based on sexual orientation bias. 

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

security personnel investigate but cannot find conclusive evidence that the markings 

were bias-motivated. Do not classify this incident as a hate crime.

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

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

escalating tension between some Jewish and non-Jewish students over news about the 

Israeli-Palestinian conflict. Campus security personnel investigate and based on the 

evidence, conclude that a hate crime was committed. Classify this as one on-campus 

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

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

64 The Handbook for Campus Safety and Security Reporting

Examples of Hate Crimes (Continued)

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

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

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

the glass over some of the facial features of photos of the Muslim-Americans. There are no 

markings on the other exhibit case. The employee reports the incident to the school’s 

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

defaced posters announcing a meeting of the school’s Muslim-American student group. 

After examining all of the evidence the officer concludes that a hate crime was committed. 

Classify these defacings as one on-campus Destruction/Damage/Vandalism of Property 

incident characterized by religious bias. 

Arrests and Disciplinary Referrals for 

Violation of Weapons, Drug and Liquor 

Laws 

Arrests and referrals citation

34 CFR 668.46(c)(viii)(A) 

and (B)

The third category of crime statistics you must disclose is 

the number of arrests and the number of persons referred 

for disciplinary action for the following law violations: 

1. Weapons: Carrying, Possessing, Etc.; 

2. Drug Abuse Violations; and 

3. Liquor Law Violations. 

Disclose statistics for 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, don’t include that statistic in your Clery 

disclosures, because the referral was not the result of a law 

violation. Because state laws and local ordinances vary widely, 

you need to ascertain the specific laws and ordinances that 

apply to your institution. 

If an individual is both arrested and referred for 

disciplinary action for an offense, disclose only the arrest 

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

The Handbook for Campus Safety and Security Reporting 65

Arrest for Clery Act purposes is defined as persons 

processed by arrest, citation or summons. 

Classify as arrests:

• Those persons arrested and released without a formal 

charge being placed against them. (An arrest has 

occurred when a law enforcement officer detains an 

adult with the intention of seeking charges against the 

individual for a specific offense(s) and a record is 

made of the detention.) 

• Juveniles taken into custody or arrested but merely 

warned and released without being charged. A 

juvenile should be counted as “arrested” when the 

circumstances are such that if the individual were an 

adult, an arrest would have been counted. 

• Any situation where a young person, in lieu of actual 

arrest, is summoned, cited or notified to appear 

before the juvenile or youth court or similar official 

for a violation of the law. 

• Only violations by young persons where some police 

or official action is taken beyond a mere interview, 

warning or admonishment. 

Do not classify as arrests incidents in which:

• Police contact a juvenile who has committed no 

offense.

• Police take a juvenile into custody for his or her own 

protection, but no crime was committed. 

• Officers make call backs or follow-up contacts with 

young offenders for the purpose of determining their 

progress. 

• An individual makes a “citizen’s arrest.” 

• The arrest was for something other than a violation of 

a weapons, drug or liquor law (e.g., an arrest for an 

Aggravated Assault).

• A civil citation is issued.
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

66 The Handbook for Campus Safety and Security Reporting

Rules for Counting Arrests for Weapons: 

Carrying, Possessing, Etc., Drug Abuse 

Violations; and Liquor Law Violations 

• Count the number of arrests for Weapons: Carrying, 

Possessing, Etc., the number of arrests for Drug 

Abuse Violations and the number of arrests for 

Liquor Law Violations. 

• If a single incident involving a liquor law violation 

resulted in the arrest of 10 students, count this as 10 

arrests.

• If the same person is arrested for multiple incidents in 

the same calendar year (e.g., one arrest in February 

and one arrest in March), count this as two arrests. 

Count this as two arrests even when both arrests are 

for the same type of violation (e.g., both were Drug 

Abuse Violations). 

• If an individual is arrested for one type of law 

violation and referred for disciplinary action for a 

different type of law violation during a single 

incident (e.g., arrested for a Drug Abuse Violation 

and referred for a Liquor Law Violation) count only 

the arrest.

• If a person is both arrested and referred for 

disciplinary action for a single incident involving a 

law violation (e.g., a Drug Abuse Violation), count 

only the arrest.

• If a person is arrested for multiple violations during a 

single incident (e.g., violations of both drug and 

liquor laws), law enforcement or security officer 

discretion should be used to determine which 

violation to count. We recommend that you 

document the justification for this determination. 

Officer discretion is allowed only for weapons, drug 

and liquor law violation arrests resulting from a 

single incident.

Do not combine statistics for arrests and persons referred 

for disciplinary action. 

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

The Handbook for Campus Safety and Security Reporting 67

The disciplinary process at your institution might be 

called “disciplinary action,” “mediation,” “judicial process” or 

some other term. The referral may, but doesn’t have to, 

originate with the police. Regardless of what you call it, if the 

process involves the following three criteria, it’s a disciplinary 

action under Clery: 

• The official receiving the referral must initiate a 

disciplinary action,

• A record of the action must be kept, and 

• The action may, but does not have to, result in a 

sanction. 

Note that a disciplinary action can be initiated in an 

informal as well as a formal manner. It can include an 

interview or an initial review of names submitted to an official.

Rules for Counting Referrals for Disciplinary 

Action for Weapons: Carrying, Possessing, Etc., 

Drug Abuse Violations; and Liquor Law 

Violations 

• Count the number of persons who were referred for 

Weapons: Carrying, Possessing, Etc., the number 

referred for Drug Abuse Violations and the number 

referred for Liquor Law Violations. 

• Do not count the number of persons who were 

referred for disciplinary action solely for violation of 

institutional policy. Only count the number of 

persons referred for violations of the law. 

• If a person is referred for disciplinary action for 

multiple incidents in the same calendar year (e.g., one 

referral in February and one referral in March), count 

this as two referrals for disciplinary action. It is 

counted as two referrals even if both referrals are for 

the same type of violation (e.g., both were Drug 

Abuse Violations). 

• If an individual is arrested for one type of law 

violation and referred for disciplinary action for a 

different type of law violation during a single 

incident (e.g., arrested for a Drug Abuse Violation 

and referred for a Liquor Law Violation), count only 

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

68 The Handbook for Campus Safety and Security Reporting

• 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 

or security officer discretion should be used to 

determine which violation to count. We recommend 

that you document justification for this 

determination. Officer discretion is allowed only for 

weapons, drug and liquor law violation referrals 

resulting from a single incident.

• If a person is issued a civil citation (e.g., not arrested) 

and is also referred for disciplinary action for the 

same violation, count only the disciplinary referral. 

How to Classify the Law Violations 

1. Weapons: Carrying, Possessing, Etc., is defined as 

the violation of laws or ordinances prohibiting the 

manufacture, sale, purchase, transportation, possession, 

concealment, or use of firearms, cutting instruments, 

explosives, incendiary devices or other deadly weapons. This 

classification encompasses weapons offenses that are 

regulatory in nature. 

Classify as a Weapons: Carrying, Possessing, Etc., 

Violation: 

• Manufacture, sale, or possession of deadly weapons. 

• Carrying deadly weapons, concealed or openly. 

• Using, manufacturing, etc., of silencers. 

• Furnishing deadly weapons to minors. 

• Aliens possessing deadly weapons. 

• Attempts to commit any of the above. 

This type of violation is not limited to “deadly” weapons; 

it also applies to weapons used in a deadly manner. For 

example, if there is a local or state law prohibiting the 

possession of brass knuckles, and an individual is arrested for 

possessing them on your Clery geography, the arrest should be 

included in your Clery statistics. 

2. Drug Abuse Violations are defined as the violation of 

laws prohibiting the production, distribution and/or use of 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

The Handbook for Campus Safety and Security Reporting 69

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). 

Classify as a Drug Abuse Violation: 

• All drugs, without exception, that are illegal under 

local or state law where your institution is located. 

This means that if you have campuses in different 

states, the laws may differ for each of them. For 

example, there are some states in which having a 

small amount of marijuana is no longer a crime. If a 

person is given a civil citation for possession under 

state law, there is no arrest statistic under Clery. 

However, if a person with marijuana in his or her 

possession is arrested for violation of the federal 

Controlled Substances Act, this is an arrest statistic 

for Clery purposes. 

• All illegally obtained prescription drugs. 

3. Liquor Law Violations are defined as the violation of 

state or local laws or ordinances prohibiting the manufacture, 

sale, purchase, transportation, possession or use of alcoholic 

beverages, not including driving under the influence and 

drunkenness. 

Classify as a Liquor Law Violation: 

• The manufacture, sale, transporting, furnishing, 

possessing, etc., of intoxicating liquor. 

• Maintaining unlawful drinking places. 

• Bootlegging. 

• Operating a still.
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

70 The Handbook for Campus Safety and Security Reporting

• Furnishing liquor to a minor or intemperate person. 

• Underage possession. 

• Using a vehicle for illegal transportation of liquor.

• Drinking on a train or public conveyance. 

• Attempts to commit any of the above. 

Do not classify as a Liquor Law Violation: 

• Drunkenness. 

• Driving under the influence. 

We recommend that you review your state laws and local 

ordinances to determine all of the applicable weapons, drug 

and liquor law violations in your jurisdiction. 

Examples of Arrests and Referrals 

Scenario 1: In a campus residence hall room three underage students and a nonstudent are 

found drinking alcohol in violation of state law. The students are referred for disciplinary 

action, while the nonstudent is given a written citation. Classify this as three referrals for 

Liquor Law Violations in both the on-campus category and in the on-campus student 

housing facility category as well as one arrest for a Liquor Law Violation in the on-campus 

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

Scenario 2: A party at an off-campus, university-owned fraternity house is busted, and 30 

students are both arrested and referred for disciplinary action for state liquor law violations 

by campus police. Classify this as 30 noncampus arrests for Liquor Law Violations. 

Scenario 3: A 21-year-old student is referred for disciplinary action for possessing a beer 

at an on-campus fraternity house on a “dry” campus. Do not include a statistic for this 

incident, because no violation of the law occurred. 

Scenario 4: A dozen students are cited for underage drinking by campus police at a 

popular off-campus bar. Do not include statistics for these violations, as they occurred on 

private property off campus.

Scenario 5: A student is referred for disciplinary action for smoking a marijuana cigarette 

in his on-campus dorm room. Because this is his first offense, he is issued a warning and 

no sanction is given. A record is kept of the action. Classify this as one on-campus referral 

and one on-campus student housing facility referral. 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

The Handbook for Campus Safety and Security Reporting 71

Examples of Arrests and Referrals (Continued)

Scenario 6: Two nonstudents are arrested during an on-campus football game for 

possession of cocaine. Classify this as two on-campus arrests for Drug Abuse 

Violations.

Scenario 7: A student is cited for having a firearm in his or her residence hall room in 

violation of state law. Classify this as one arrest for Weapons: Carrying, Possessing, 

Etc., in the on-campus category and one arrest for Weapons: Carrying, Possessing, Etc., 

in the on-campus student housing facility category. 

Scenario 8: A faculty member is referred for disciplinary action for having a firearm in 

his or her office in violation of school policy. The state in which the campus is located 

does not have a law against possessing a firearm on campus. Do not disclose a statistic 

for this referral, because no violation of the law occurred. 

Scenario 9: Police respond to an incident at a noncampus, institution-owned sorority 

house where there are underage students drinking at a party. The officers list all 10 of 

the students in their report, which is forwarded to the campus Judicial Affairs office. A 

Judicial Affairs official interviews the students and finds that two of them had not been 

drinking. Those students are not charged. Judicial Affairs continues the disciplinary 

process against the eight students who were drinking. Classify this as 10 noncampus 

referrals for disciplinary action. 

Scenario 10: A resident assistant (RA) has the duty of loading disciplinary information 

into an electronic database. She enters the names of 15 students who were at an oncampus party where there was drinking. The RA’s supervisor begins the disciplinary 

action process by reviewing the information in the database. She determines that five of 

those students were not involved in the drinking activities and did not violate any liquor 

laws. Nothing more is done in terms of disciplinary action for those five individuals. 

The disciplinary process continues for the remaining 10 individuals who were at the 

party. Classify this as 15 referrals for disciplinary action in the on-campus category. 

Scenario 11: Two students are caught smoking marijuana before class in the stairwell 

they use to access their classroom in a noncampus building. The students are brought 

before a panel of their peers for a disciplinary hearing. The dean of students is present to 

monitor the proceedings. The panel of students determines that the two students broke 

the law and requires them to attend drug abuse counseling sessions at the school health 

clinic. A record of the disciplinary action is kept by the institution. Classify this as two 

Drug Abuse Violation referrals in the noncampus category.

Excluded Crimes 

There are some crimes that you should not include in 

your institution’s Clery statistical disclosures. They are:

• Non-Clery crimes. If you disclose statistics for nonClery crimes, disclose them in a manner separate 
Chapter 3. Crime Statistics: Classifying and Counting Clery Act Crimes

72 The Handbook for Campus Safety and Security Reporting

from your Clery statistics. (More about how to 

present your statistics in Chapter 9.) 

• Unfounded crimes. If a reported crime is 

investigated by law enforcement authorities and 

found to be false or baseless, the crime is 

“unfounded” and should not be included in your 

institution’s statistics. Only sworn or commissioned 

law enforcement personnel may “unfound” a

crime. (This does not include a district attorney who 

is sworn or commissioned.) 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 you disclose a crime statistic and the crime is 

“unfounded” in a subsequent year, you should revise 

your statistics. Use a caveat to note that the change in 

a prior year’s statistics reflects the “unfounding” of a 

crime.

• Crimes not committed in geographic locations 

specified by the Clery Act. For example, although 

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 data collection. If a student reports 

being raped over spring break, the statistic for 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, do not 

include it in your Clery statistics. 

A Final Reminder ... 

Statistics for all Clery Act crimes must be disclosed by 

the type of crime that was committed, the year in which the 

crime was reported and the geographic location where the 

crime occurred. If you are uncertain about how to classify a 

specific incident for Clery reporting, we encourage you to 

contact law enforcement for assistance.
The Handbook for Campus Safety and Security Reporting 73

Collecting Statistics:

Campus Security Authorities and 

Law Enforcement Agencies

CHAPTER 4

Now that you know what crimes to disclose and how geography 

fits into compliance with campus safety and security regulations, 

you need to know how to obtain crime statistics associated with 

that geography. This requirement involves collecting crime 

reports from individuals and organizations associated with your 

institution (i.e., campus security authorities or CSAs), and 

requesting crime statistics from local law enforcement agencies. 

We’ll begin by discussing campus security authorities.

Although every institution wants its campus community 

to report criminal incidents to law enforcement, we know that 

this doesn’t always happen. Even at institutions with a police 

department on campus, a student who is the victim of a crime 

may be more inclined to report it to someone other than the 

campus police. For example, a victim of a sexual offense may 

turn to a resident advisor for assistance, or a student whose car 

was stolen may report the theft to the school’s director. For this 

reason, the Clery Act requires all institutions to collect crime 

reports from a variety of individuals and organizations that 

Clery considers to be “campus security authorities.” 

Under Clery, a crime is “reported” when it is brought to 

the attention of a campus security authority or local law 

enforcement personnel by a victim, witness, other third party or 

even the offender. It doesn’t matter whether or not the 

individuals involved in the crime, or reporting the crime, are 

associated with the institution. If a campus security authority 

receives the crime information and believes it was provided in 

good faith, he or she should document it 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 to disclose the statistic. If your institution is in doubt 

It is not necessary 

for the crime to 

have been 

investigated by the 

police or a campus 

security authority, 

nor must a finding 

of guilt or 

responsibility be 

made to disclose 

the statistic.
Chapter 4. Collecting Statistics: Campus Security Authorities and Law Enforcement Agencies

74 The Handbook for Campus Safety and Security Reporting

as to whether a crime has been reported, rely on the judgment 

of law enforcement professionals. 

How to Identify Your Institution’s CSAs Campus security authority 

definition citation

CFR 668.46(a) “Campus security authority” is a Clery-specific term 

that encompasses four groups of individuals and organizations 

associated with an institution. 

• A campus police department or a campus security 

department of an institution. If your institution has a 

campus police or security department, those 

individuals are campus security authorities. A 

security department can be as small as one person. 

(More about this in Chapter 5.) 

• Any individual or individuals who have responsibility 

for campus security but who do not constitute a 

campus police department or a campus security 

department (e.g., an individual who is responsible for 

monitoring the entrance into institutional property).

Include individuals who provide security at a campus 

parking kiosk, monitor access into a campus facility, 

act as event security or escort students around 

campus after dark.

• Any individual or organization specified in an 

institution’s statement of campus security policy as 

an individual or organization to which students and 

employees should report criminal offenses. As 

mentioned in Chapter 1, your institution must publish 

a number of safety- and security-related policy 

statements. (These are discussed in Chapters 7 and

8.) If you direct the campus community to report 

criminal incidents to anyone or any organization in 

addition to police or security-related personnel, that 

individual or organization is a campus security 

authority. 

• An official of an institution who has significant 

responsibility for student and campus activities, 

including, but not limited to, student housing, student 

discipline and campus judicial proceedings. An 

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. 
Chapter 4. Collecting Statistics: Campus Security Authorities and Law Enforcement Agencies

The Handbook for Campus Safety and Security Reporting 75

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 organizations are campus security authorities for 

your institution, consider the function of that individual or 

office. Look for officials (i.e., not support staff) whose 

functions involve relationships with students. If someone has 

significant responsibility for student and campus activities, 

he or she is a campus security authority. Note that whether 

or not your institution pays an individual is not a factor in 

determining whether that individual can be a CSA. Be sure to 

keep your CSA list current so that you do not omit any 

individual or organization that fits the definition of a CSA. 

Examples of individuals who meet the criteria for 

being campus security authorities include:

• A dean of students who oversees student housing, a 

student center or student extracurricular activities. 

• A director of athletics, a team coach or a faculty 

advisor to a student group. 

• A student resident advisor or assistant or a student 

who monitors access to dormitories. 

• A coordinator of Greek affairs. 

• A physician in a campus health center, a counselor in 

a campus counseling center or a victim advocate or 

sexual assault response team in a campus rape crisis 

center if they are identified by your school as 

someone to whom crimes should be reported or if 

they have significant responsibility for student and 

campus activities. However, if these individuals are 

not identified as people to whom crimes should be 

reported or do not have significant responsibility for 

student and campus activities, they would not be 

considered CSAs. 

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 or cafeteria staff. 

Be sure to keep 

your CSA list 

current so that you 

do not omit any 

individual or 

organization that 

fits the definition 

of a CSA. 
Chapter 4. Collecting Statistics: Campus Security Authorities and Law Enforcement Agencies

76 The Handbook for Campus Safety and Security Reporting

The number of CSAs at your institution depends on the 

number of individuals or organizations involved in security or 

that have significant responsibility for student and campus 

activities, not on the size of your school. Even a small school 

can have a number of CSAs. For example, your school may 

have a director, a registrar and a faculty advisor who fit the 

CSA definition. On the other hand, perhaps only the director 

fits the definition. If your school does not have security 

personnel, but has one administrator who has all of the 

responsibility for student and campus activities at the school, 

that administrator is your only CSA. 

Remember, too, that because personnel and job positions 

at an institution can change, someone who is a CSA one year 

might not be a CSA the following year or vice versa. For 

example, suppose that you have a computer science instructor 

who is teaching at the main campus. She isn’t a CSA because 

she doesn‘t have any responsibility for student and campus 

activity beyond the classroom. The following year, this 

instructor is teaching computer science at one of your 

institution’s noncampus locations. Because there aren’t any 

security personnel on site, your institution’s security policy 

identifies this instructor as the person to whom students should 

report crimes or other emergencies that occur there. This 

instructor is now a campus security authority. 

What Does a Campus Security 

Authority Do? 

The function of a campus security authority is to report 

to the official or office designated by the institution to collect 

crime report information, such as the campus police or security 

department, those allegations of Clery Act crimes that he or she 

concludes were made in good faith. 

Examples of Collecting Crime Information 

Scenario 1: A resident assistant who has been identified as a CSA is told by a fellow 

student that she has been raped and is seeking emotional and medical support. The resident 

assistant should document this information as a crime report. It should be reported 

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

charges.
Chapter 4. Collecting Statistics: Campus Security Authorities and Law Enforcement Agencies

The Handbook for Campus Safety and Security Reporting 77

Examples of Collecting Crime Information (Continued) 

Scenario 2: A student mentions to her boyfriend that a number of rooms on her dorm 

floor were broken into during the previous night’s football game. Later that day, her 

boyfriend tells the athletics director what he heard. The AD asks which dorm it was and 

what, if anything else, the boyfriend knows about the incident. The AD should 

document the information and forward it to the school’s campus security department per 

the school’s crime reporting policy. 

Scenario 3: Ms. Jones, director of Student Housing at your school, gets a call from the 

director of a counseling center in town. The caller wants to let the director know that 

four students from the school sought assistance at the center and told the center’s 

counselors that they had been sexually assaulted on campus and were seeking emotional 

support. They did not want police investigations. These are third party reports and Ms. 

Jones, having no reason to believe that they were not made in good faith, should 

document all of the information she was given and forward the reports to the person or 

office responsible for collecting Clery crime reports at her institution. 

What Shouldn’t a Campus Security 

Authority Do?

A campus security authority is not responsible for 

determining authoritatively whether a crime took place—that is 

the function of law enforcement personnel. A campus security 

authority should not try to apprehend the alleged perpetrator of 

the crime. That too is the responsibility of law enforcement.

It’s also not a CSA’s responsibility to try and convince a victim 

to contact law enforcement if the victim chooses not to do so. 

Exemption for Pastoral and 

Professional Counselors

There are two types of individuals who, although they 

have significant responsibility for student and campus 

activities, are not campus security authorities under Clery: 

Campus security authority 

exemptions citation

34 CFR 668.46(a)

• 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 
Chapter 4. Collecting Statistics: Campus Security Authorities and Law Enforcement Agencies

78 The Handbook for Campus Safety and Security Reporting

license or certification. This definition applies even 

to professional counselors who are not employees of 

the institution, but are under contract to provide 

counseling at the institution. 

The pastoral or professional counselor exemption is 

intended to ensure that these individuals can provide 

appropriate counseling services without an obligation to report 

crimes they may have learned about. This is similar to the 

privilege provided under certain circumstances to doctors, 

counselors and attorneys when they may learn of crimes from 

patients or clients. This exemption is intended to protect the 

counselor-client role. However, even the legally recognized 

privileges acknowledge some exemptions, and there may be 

situations in which counselors are in fact under a legal 

obligation to report a crime.

To be exempt from disclosing reported offenses, pastoral 

or professional counselors must be acting in the role of pastoral 

or professional counselors. 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 pastoral or professional counselor, is considered to be one 

for the purposes of the Clery Act. An example is a Ph.D. 

counselor-trainee acting under the supervision of a professional 

counselor at the institution. However, a dean of students who 

has a professional counselor’s license, but is employed by the 

institution only as a dean and not as a counselor, is not exempt 

from reporting. If that same dean is employed by the institution 

as both a professional counselor and an academic counselor, 

and she learns of a criminal incident while she is engaged in 

academic counseling, she is not exempt from reporting that 

incident. Note also, that if your institution has an individual 

with dual roles, one as a professional or pastoral counselor and 

the other as an official who qualifies as a CSA, and the roles 

cannot be separated, that individual is considered a campus 

security authority and is obligated to report Clery crimes of 

which they are aware.

An individual who is counseling students and/or 

employees, but who does not meet the Clery definition of a 

pastoral or professional counselor, is not exempt from being a 

campus security authority if they otherwise have significant 

responsibility for student and campus activities. This may 

include the director of the student health center or the director 

of a counseling or rape crisis clinic at your institution.
Chapter 4. Collecting Statistics: Campus Security Authorities and Law Enforcement Agencies

The Handbook for Campus Safety and Security Reporting 79

Recommendations 

The Clery Act regulations do not address coordinating 

your crime reporting process or training your campus security 

authorities. However, because the role of CSAs is vital to 

compliance with the law, many schools have requested 

suggestions for doing so. The following section addresses those 

requests by providing recommendations—not 

requirements—which your school can adapt to meet its 

unique configuration and needs. As you read them, please keep 

in mind that the effort and coordination needed to comply with 

the requirement to collect crime reports varies significantly 

depending on several factors, such as the size of your school, 

the number of individuals or offices that meet the campus 

security authority definition, whether your school has law 

enforcement or security personnel and whether you provide 

student housing. 

• Designate an individual or office to coordinate and 

oversee your campus security authorities.

This can be particularly helpful for schools with a large 

number of CSAs. Assign someone who is knowledgeable about 

the Clery Act to coordinate everything from identifying your 

institution’s CSAs to making sure all crime reports are 

accounted for. 

Rather than assuming that because a CSA hasn’t 

forwarded a crime report to the appropriate individual or office, 

no crimes were reported to that CSA, a coordinator can be 

charged with canvassing each CSA to request crime reports 

from them. CSAs who don’t have crimes to report can be asked 

to document this in writing. This could be as simple as writing 

a statement that reads, “From ______to _____ I was not aware 

of, and did not receive, any reports of criminal incidents, 

arrests or disciplinary actions for Clery crimes.” Even if crime 

reports are submitted online, it’s a good idea to ask CSAs to 

indicate if they have no crimes to report. 

• Make sure your campus security authorities know 

they’re campus security authorities. 

To do this, we suggest that you update the job 

descriptions of individuals at your institution who fit the 

definition of a CSA. Make this designation an official part of 

their job description so that they know what’s required of them. 
Chapter 4. Collecting Statistics: Campus Security Authorities and Law Enforcement Agencies

80 The Handbook for Campus Safety and Security Reporting

You may also want to contact all CSAs annually in writing to 

remind them of this obligation. (See sample letter to campus 

security authorities in Appendix B-1.) Because of turnover, or 

a change in job descriptions, you may have to notify some 

individuals mid-year. 

• Provide training. 

CSAs have an important job to do and providing them

with training will help to ensure that they do it properly. 

Training can be provided in a variety of ways ranging from 

sending materials in an e-mail to face-to-face meetings that 

include PowerPoint presentations and training manuals. 

Whatever form your training takes, Figure 6 provides some 

elements you might want to include. 

• Forward crime reports to your campus police or 

security department, if you have one.

Encourage CSAs to immediately forward reports of 

crimes to your campus police or security department if you 

have one, or to an individual responsible for collecting the 

reports if you don’t. This is because a CSA crime report may 

be the basis for determining if there is a serious or continuing 

threat to the safety of the campus community which would 

require an alert (i.e., a timely warning). (More about timely 

warnings in Chapter 6.) Also, if your institution has a campus 

police or security department and a crime is reported to a nonpolice/security CSA, the report should be forwarded to your 

campus police or security department so that it will be entered 

in your institution’s daily crime log in a timely manner. (More 

about the crime log in Chapter 5.) 

• Keep documentation of all crime reports. 

Keep hard copy or electronic documentation for all CSAreported crimes and make sure that more than one person 

knows where it’s kept. If there is reason to believe that a crime 

report was not made in “good faith,” and your institution does 

not disclose a statistic for the reported incident, we strongly 

suggest that you document the justification for not disclosing 

the statistic.
Chapter 4. Collecting Statistics: Campus Security Authorities and Law Enforcement Agencies

The Handbook for Campus Safety and Security Reporting 81

Figure 6. Suggested Training Elements for Campus Security Authorities

Describe the role of a CSA—The Clery Act is a federal law that requires the institution to 

identify individuals and organizations that meet the definition of a campus security authority. 

CSAs have an important role in complying with the law. Explain that CSA crime reports are 

used by the school to: 

• Fulfill its responsibility to annually disclose Clery crime statistics, and 

• To issue timely warnings for Clery crimes that pose a serious or continuing threat to 

the campus community. 

If an individual reporting an incident needs assistance, a CSA should explain how to get help. 

Let a victim know that help is available even if he or she does not want an investigation 

conducted. The decision to act on this option is the victim’s. In the midst of an emergency 

situation, such as a physical assault, however, a CSA should contact the campus police or call 

911, as appropriate. 

Provide reporting materials—Good recordkeeping can help minimize the chances of double 

reporting crimes. Suggested materials are:

• Descriptions, a map, or both, of the school’s Clery geography.

• A list of Clery crimes and definitions. 

• Hard copy or electronic Crime Report forms for documenting criminal incidents. (See 

sample forms in Appendices B-2 and B-3.)

Discuss the importance of documentation—Explain that if CSAs are unsure whether an 

incident is a Clery crime, or even if it’s criminal in nature, they should report it.

• Stress the importance of providing as much information about a criminal incident as 

possible to aid law enforcement and to categorize the crime. 

• Explain that CSA crime reports should include personally identifying information if 

available. This is important for law enforcement purposes and to avoid double 

counting crimes. The Clery statistical disclosures based on those reports, however, 

must be kept anonymous; no personally identifying information will be disclosed. 

• If a victim doesn’t want the report to go any further than the CSA, the CSA should 

explain that he or she is required to submit the report for statistical purposes, but it 

can be submitted without identifying the victim. 

Emphasize the need for timely report submission—Explain that if a crime is reported to a 

CSA, but goes no further than that, the school won’t have fulfilled its obligation under the law, 

and the campus community might not have the information they need to stay safe on campus. 

Instruct CSAs:

• How to submit their crime reports in a timely manner, and 

• To whom reports should be submitted. 
Chapter 4. Collecting Statistics: Campus Security Authorities and Law Enforcement Agencies

82 The Handbook for Campus Safety and Security Reporting

Requesting Statistics From Local Law 

Enforcement Agencies 

You must ask for 

law enforcement 

statistics for Clery 

crimes that 

occurred on all of 

your institution’s 

Clery geography: 

on campus, public 

property and 

noncampus, if you 

have any.

Requesting local police 

statistics citation

34 CFR 668.46(c)(9)

In addition to collecting crime reports from campus 

security authorities, Clery requires that every institution make a 

“reasonable, good-faith effort” to obtain Clery crime statistics

from local law enforcement agencies that have jurisdiction over 

the school’s Clery geography. Local law enforcement agencies

do not include your campus police or security department (if 

you have one). Those are campus security authorities. Local 

law enforcement refers to outside law enforcement agencies 

or departments with jurisdiction over some or all of your 

Clery geography. There may be several agencies involved, for 

example, city police, tribal police, the county or parish sheriff’s 

office and state police. You don’t need to request statistics 

from local agencies that only provide court security, administer 

the jail, transport prisoners or serve papers, etc. 

You must ask for law enforcement statistics for Clery 

crimes that occurred on all of your institution’s Clery 

geography: on campus, public property and noncampus, if you 

have any. It doesn’t matter what the institution’s relationship is 

with local law enforcement, nor does it matter if you’ve 

requested Clery statistics from them and haven’t gotten a 

response for the past several years; you are required to make 

the request annually. If your institution has multiple campuses, 

each campus must make this request. And remember, if your 

institution has an additional campus in a foreign country, that 

campus also has an obligation to make a good-faith effort to 

obtain statistics from local law enforcement authorities there. 

Good-faith Effort 

Clery doesn’t require local law enforcement agencies to 

provide institutions with crime statistics. If you make a 

reasonable, good-faith effort to obtain the statistics, your 

institution is not responsible for the failure of the local or state 

police agency to supply them. The law states that an institution 

“may rely on the information supplied” by a local or state 

police agency. The phrase “may rely on” means that an 

institution is not required to verify the accuracy of the statistics 

that are provided. Remember, you are requesting crime 

statistics, not the actual law enforcement reports. 
Chapter 4. Collecting Statistics: Campus Security Authorities and Law Enforcement Agencies

The Handbook for Campus Safety and Security Reporting 83

That said, you should be aware of red flags that alert you 

to the possibility that an agency misunderstood your request. In 

such a case, you should contact the agency for clarification. 

Red flags include: 

• Statistics for burglaries on public property: A 

burglary is the unlawful entry of a structure to 

commit a felony or a theft. A structure has four walls, 

a roof and a door. To be a burglary on public 

property, there must be an element of trespass into a 

public structure on public land within your campus or 

immediately bordering your campus. For most 

institutions, public property is the public sidewalk, 

street and opposite sidewalk bordering the campus. 

Some institutions may also have public parking 

facilities in their public property category. A burglary 

in this category is a rare event.

• Large numbers of crimes on public property: Public 

property is narrowly defined by the Clery Act. Large 

numbers may indicate statistics for private homes and 

businesses or for an entire police jurisdiction. 

• Missing geography: The statistics you received are 

only for crimes that occurred on public property; 

however, you are certain that there were on-campus 

Clery crimes that were reported to the local police 

department. This indicates that the police did not 

understand that you wanted statistics for all of your 

Clery geography: on campus, public property and 

noncampus, if you have any. 

• Statistics for non-forcible sex offenses: Under Clery, 

only incest and statutory rape are classified as nonforcible sex offenses. Because one doesn’t expect 

many of these crimes on Clery geography, it’s very 

likely that either the crimes were committed in 

locations other than your Clery geography, or that 

other crimes, such as voyeurism or indecent 

exposure, were mistakenly included. 

How Do You Obtain Statistics From Local Law 

Enforcement? 

Other than making “a good-faith effort,” the Clery Act

doesn’t specify how to obtain the statistics. For those 

individuals who are not experienced in these matters, we offer 

the following suggestions: 

You should be 

aware of red flags

that alert you to the 

possibility that an 

agency 

misunderstood 

your request.
Chapter 4. Collecting Statistics: Campus Security Authorities and Law Enforcement Agencies

84 The Handbook for Campus Safety and Security Reporting

• Determine the correct law enforcement authorities 

and contact them. 

You should request statistics from every law 

enforcement agency that has jurisdiction in your 

institution’s Clery geographic areas. If you are unsure 

where to begin, call your local area information 

number (generally 411), and give your institution’s 

address to the operator. He or she can give you the 

telephone number of the local police who respond to 

calls for your location. You can also find this 

information on the Internet by searching for “law 

enforcement” along with the zip code in which your 

institution is located.

Call that agency, and ask to speak with a supervisor 

or public affairs office. They should be able to point 

you to the appropriate person. Ask that individual 

what other law enforcement agencies have concurrent 

jurisdiction in the area where your institution is 

located. Be sure to include state law enforcement 

agencies. Remember to provide addresses for 

noncampus buildings or property if your institution 

has any. If you have an out-of-state noncampus 

location, you need to ask for the local law 

enforcement agency number for that zip code as well. 

(A sample letter to a law enforcement agency is 

included in Appendix B-4.) 

• Contact local law enforcement early in the year.

Contact agencies at the start of the calendar year. 

Agencies, particularly those with extensive 

jurisdictions or those with a very small number of 

personnel, need time to collect the information you 

request. Providing them adequate advance notice may 

increase your chances of getting the requested 

statistics in a timely manner.

• Document your good-faith effort to obtain the 

statistics. 

After you know who or what department to contact at 

each agency, we suggest that you write a letter, on 

your institution’s official letterhead, if possible, 

explaining the following: 
Chapter 4. Collecting Statistics: Campus Security Authorities and Law Enforcement Agencies

The Handbook for Campus Safety and Security Reporting 85

What you need. Ask for statistics for all Clery crimes

for:

• Your campus.

• On-campus student housing facilities, if you have 

any. 

• Public property. 

• Noncampus buildings or property, if you have any. 

Provide a list of the applicable crimes and addresses for 

your buildings and property. Be very specific about what 

constitutes public property for Clery Act reporting 

purposes. For example, ask for “crime statistics for the 

sidewalk, street and opposite sidewalk between the 1200 and 

1400 blocks on Elm Street,” rather than “crime statistics for 

public property around the school.” State that you cannot use 

statistics pertaining to private homes or businesses. If your 

institution uses a map to identify its Clery geography, include 

the map with your request. 

Why you need it. State that the information is required 

by the federal Clery Act for disclosure in an annual security 

report and a Web-based data collection. 

The format in which you need it provided—

preferably in writing (either paper or electronic). Ask for 

statistics for crimes classified according to the UCR. If UCR 

classifications are not used, and can’t be provided, ask what 

classifications are used (e.g., state crime classifications).

When you need it. Explain that you must disclose the 

statistics by Oct. 1 and suggest a reasonable deadline that will 

allow you some leeway. It may take considerable time and

effort to review the statistics to prevent double counting the 

crimes reported by your institution’s CSAs and the crime 

statistics reported by local law enforcement agencies. 

Where it should be sent. Provide your institution’s 

mailing or e-mail address.

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

of the person who is responsible for collecting these data for 

your institution. 
Chapter 4. Collecting Statistics: Campus Security Authorities and Law Enforcement Agencies

86 The Handbook for Campus Safety and Security Reporting

Even if you make a phone call asking for this 

information, we suggest that you follow up with a letter or an 

e-mail for the purpose of documenting your good-faith effort. 

Also document any response, or lack of response, from each 

agency that you contact. If your deadline for disclosing the 

crime statistics is fast approaching and you haven’t heard from 

an agency, contact them again and inquire about the status of 

your request. 

What to Do if You Are Directed to a Website 

In some jurisdictions, local law enforcement statistics are 

available on a public access website. In this case, the police 

may instruct you to visit the site to obtain the statistics. If you 

can separate the statistics for your school’s Clery geography 

from the non-Clery statistics, and you can confirm that the 

website is up-to-date, this is an acceptable means of meeting 

the requirement. You are still however, required by law to 

make an initial request for statistics annually directly to the 

agency.

What to Do if an Agency Requests Payment for 

the Statistics 

If an agency requests payment in return for providing 

your institution with statistics, you may pay the agency, but 

you are not required to do so. 

What to Do if You Obtain Non-UCR Statistics 

The Clery Act requires the use of the FBI’s Uniform 

Crime Reporting definitions when disclosing crimes, but not all 

law enforcement agencies use these definitions. If you know 

that the statistics you obtained aren’t classified according to 

UCR definitions, and you have campus police personnel 

familiar with UCR definitions, they might be able to reclassify 

the crimes. For example, if under the robbery classification you 

received statistics for “robbery of an apartment” or “safe 

robbery,” the UCR equivalent would be “Burglary.” (See 

“Burglary” in Chapter 3.) An incident classified by some 

agencies as “breaking and entering with intent to commit a 

larceny,” is also classified as “Burglary” in the UCR. If you 

cannot reclassify the statistics, include them in your disclosures 

with an explanation that UCR classifications were not used for 

crimes reported to local law enforcement agencies. 
Chapter 4. Collecting Statistics: Campus Security Authorities and Law Enforcement Agencies

The Handbook for Campus Safety and Security Reporting 87

What to Do if You Obtain Statistics That You 

Can’t Attribute to Your Clery Geography 

In some jurisdictions, local law enforcement agencies 

cannot provide a breakdown of statistics specific to Clery Act 

geographic areas. For example, the police may provide your 

institution with statistics for the entire jurisdiction or the entire 

city, or they may include statistics for private residences and 

businesses. If the statistics are all zeros, that isn’t a problem. If 

not, we suggest that you request addresses for the statistics to 

help you determine if any statistics are for crimes that occurred 

on your Clery geography. If you can determine that some of the 

statistics are for your Clery geography, but you can’t break 

them down as to on-campus or public property, disclose those 

statistics in an additional table or in a caveat explaining why 

they are separated from your other Clery statistics. 

If you cannot determine whether any of the statistics are 

for your Clery geography, provide a caveat in your annual 

security report explaining that the statistics were requested but 

were not available in a usable format for Clery reporting. 

(More about how to disclose statistics in your annual security 

report and in the Web-based survey in Chapter 9.) 

What to Do if Your Request for Statistics Is 

Denied 

If any of the law enforcement agencies that you contact 

do not comply with your request to provide you with statistics, 

document both your request for the statistics and the response, 

or lack of response, from the agencies. If some of the agencies 

provide you with statistics and others don’t, be sure to include 

the statistics you did receive in your statistical disclosures. Add 

an explanation to tell the reader that not all of the agencies 

responded to your request for statistics, or that not all of the 

agencies could provide the statistics as requested. 

Remember, requesting Clery crime statistics from 

local law enforcement agencies is an institutional 

obligation. This means that if you assign someone the 

responsibility to request and review the statistics, and that 

person for whatever reason is unable to do so, your institution 

is still responsible for complying with the law. You must make 

this effort in time to include the statistics in your annual 

security report which must be published by Oct. 1. The same 

statistics must also be entered in the Web-based data collection 

in the fall.
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The Handbook for Campus Safety and Security Reporting 89

The Daily Crime Log:

Recording Crimes Reported 

To Campus Police or 

Security Personnel

CHAPTER 5

Does your institution have a campus police or security 

department? Any institution, regardless of whether it’s public 

or private, that has a campus police or security department, 

must create, maintain and make available a daily crime log. 

Daily crime log citation

34 CFR 668.46(f)

For Clery purposes, there are various arrangements that 

constitute a campus police or security department. For 

example, some institutions choose not to provide such services 

with institution staff, and instead contract with a private 

company to handle campus security. Others have agreements 

with municipal, county or state law enforcement agencies for 

security services. It doesn’t matter if your security staff is paid 

by your institution or by a contractor, or if you have one 

security officer or a police department. Any of these 

arrangements put your institution in the category of “having a 

security department.” 

On the other hand, your institution is not considered to 

have a security department and, therefore, is not required to 

maintain a crime log if you only have: 

• Local law enforcement personnel who patrol on or 

near your campus, but who do not have a written 

agreement or contract with your institution for these 

services.

• An individual or individuals with limited 

responsibility for campus security (e.g., someone 

monitoring access to a campus building by checking 

student IDs) but who do not constitute a police or 

security department. 

• Security personnel employed or contracted by a 

landlord from whom your institution rents classroom 

space. 
Chapter 5. The Daily Crime Log: Recording Crimes Reported to Campus Police or Security Personnel

90 The Handbook for Campus Safety and Security Reporting

Note that the determination of whether or not your 

institution’s security personnel constitute a campus police or 

security department should be consistent with the campus 

security policy statement you disclose in your annual security 

report (more about this in Chapter 7). 

Purpose of the Daily Crime Log

The purpose of the daily crime log is to record criminal 

incidents and alleged criminal incidents that are reported to 

the campus police or security department. For example, if a

student tells your security office that he lost his wallet in the 

parking lot behind a dorm, it is not a criminal incident, and you 

aren’t required to record it in the log. However, if a student 

tells your security office that his wallet was stolen from his 

dorm room, this is an alleged criminal incident which must be 

recorded in the log. 

Some traffic violations are criminal in nature, and if 

reported, must be recorded. They are driving under the 

influence (DUI), driving while intoxicated (DWI), hit-and-run 

(of a person) and vehicular manslaughter. However, you are 

not required to record violations that aren’t considered

“crimes” (i.e., citations for moving violations). 

What to Do if Your Institution Already Maintains a 

State Crime Log 

Many institutions are also required by state law to 

maintain a log. If your institution maintains such a log, you 

may use it for your daily crime log as well, providing it meets 

all Clery Act requirements. However, if the state crime log 

requires the victims’ names to be listed, for Clery purposes 

those names must be redacted for public inspection. The 

federal Clery Act regulations state that a disclosure may not 

jeopardize the confidentiality of the victim. This takes 

precedence over state crime log laws.

Combining the Daily Crime Log and the Fire Log 

If your institution has any on-campus student housing 

facilities, you are required to maintain a fire log. You may, but 

are not required to, use one log to meet the crime log and the 

fire log requirements if you label the log accordingly. To learn 

The purpose of 

the daily crime 

log is to record 

criminal 

incidents, and 

alleged criminal 

incidents, that are 

reported to the 

campus police or 

security 

department.
Chapter 5. The Daily Crime Log: Recording Crimes Reported to Campus Police or Security Personnel

The Handbook for Campus Safety and Security Reporting 91

what information must be contained in the fire log, please see 

Chapter 12. 

How the Crime Log Differs From Other Campus 

Safety and Security Disclosures 

The crime log differs from other disclosure requirements 

in some important ways:

• Crime log entries include all crimes reported to the 

campus police or security department for the required 

geographic locations, not just Clery Act crimes.

• The crime log discloses specific information about 

criminal incidents, not crime statistics.

• The log is designed to disclose crime information on 

a timelier basis than the annual statistical disclosures. 

A crime is entered into the log as soon as it is 

reported to the campus police or security department. 

This includes crimes that are reported directly to the 

campus police or security department, as well as 

crimes that are initially reported to another campus 

security authority or to a local law enforcement 

agency who subsequently reports them to the campus 

police or security department. 

• The UCR hierarchy rule does not apply to the crime 

log. If multiple criminal offenses are committed 

during a single incident, all of the offenses must be 

recorded in the log.

• The log has a more specific location focus than the 

statistical disclosures. For example, the location 

might be recorded as “on the second floor of the 

administration building” rather than “on campus.” 

• There is an additional geographic location that 

applies exclusively to the crime log. In addition to 

recording reported crimes that occurred on campus, 

in or on noncampus buildings or property or on 

public property within the campus or immediately 

adjacent to and accessible from the campus, reports 

of crimes that occurred within the patrol 

jurisdiction of the campus police or security 

department are also entered into the crime log. 

Crime log entries 

include all crimes 

reported to the 

campus police or 

security 

department for the 

required 

geographic 

locations, not just 

Clery Act crimes.
Chapter 5. The Daily Crime Log: Recording Crimes Reported to Campus Police or Security Personnel

92 The Handbook for Campus Safety and Security Reporting

A patrol jurisdiction is any property that does not 

meet any of the Clery geographic area definitions, but 

which is regularly provided with police or security 

patrol services by the campus agency. These services 

are typically pursuant to a formal agreement with the 

local police jurisdiction, a local civic association or 

other duly constituted public entity. Your institution 

should be able to verify the patrol jurisdiction. For 

example, you may have a map of the patrol 

jurisdiction, a standard operating procedure (SOP) or 

a general order (GO) that addresses the patrol 

jurisdiction.

Creating Your Log

As with all aspects of Clery Act compliance, 

documentation is vital. Begin by clearly identifying your log as 

a Daily Crime Log. One method of formatting a crime log is 

shown in the following example. 

Figure 7. Sample Daily Crime Log With Required Elements

Daily Crime Log 

Calendar Year 2010

Nature

(classification) Case Number Date/Time 

Reported

Date/Time 

Occurred

General 

Location Disposition

Larceny 2010-0003 01/20/10 1505hrs 01/10/10 0800hrs Admin. Building Closed 05/24/10

Vandalism 2010-00010 01/27/10 1231hrs 01/17 - 01/22/10 Jacobson Hall Closed 05/24/10

Vandalism 2010-00035 04/12/10 1937hrs 04/12/10 1930hrs Lester Hall Open

Liquor Law Violation 2010-0040 04/23/10 0300hrs 04/23/10 0300hrs South Parking Lot Judicial Referral

Required Crime Log Elements 

The sample log above is meant to be illustrative, not

prescriptive. The law requires you to have a written log that 

can be easily understood. It also mandates specific categories 

of information that you must include. If you omit a category, 

your institution is not in compliance with the crime log 

requirement. The daily crime log is not intended to be a 

general, catch-all incident log. You may include other data 

elements or columns in your crime log in keeping with internal 

campus security record-keeping procedures, but such 

additional information is not required by the Clery Act. For 

example, the sample log includes a column for case numbers, 

which aids in recording and tracking a crime report. 

A patrol jurisdiction is any 

property that 

does not meet 

any of the Clery 

geographic area 

definitions, but 

which is regularly 

provided with 

police or security 

patrol services by 

the campus 

agency.
Chapter 5. The Daily Crime Log: Recording Crimes Reported to Campus Police or Security Personnel

The Handbook for Campus Safety and Security Reporting 93

The Date the Crime Was Reported 

Enter a crime into the log by the date it was reported to 

the campus police or security department. A reported crime 

must be logged regardless of how much time has passed since 

it occurred. 

The Date and Time the Crime Occurred 

Enter the date and the time that the crime occurred. If the 

exact date and time are not known, use a range or indicate that 

it is unknown. You may use either military time as shown in 

the sample log, or standard time. 

The Nature of the Crime 

Enter a description of the reported criminal incident. This 

can be a brief description such as “simple assault,” or a more 

detailed description such as “simple assault— non-student 

victim involved in 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. You can use 

state crime classifications (i.e., non-UCR classifications) for 

the crime log.

The General Location of the Crime 

Record any crime that occurs on your Clery geography: 

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

public property or within the patrol jurisdiction of your campus 

police or security department. Enter the general location of the 

crime using a description that will mean something to the 

campus community, such as North Campus Hall rather than “in 

a dormitory.” However, do not use a location that will lead to 

the identification of the victim such as Room 407, North 

Campus Hall. You may also use landmarks in describing a 

location. 

The Disposition of the Complaint, if Known 

Include the current status of each complaint in the log, if 

known; for example, “pending,” “judicial referral” or “criminal 

arrest.” Do not delete an entry once it’s been made; update the 

disposition instead. 
Chapter 5. The Daily Crime Log: Recording Crimes Reported to Campus Police or Security Personnel

94 The Handbook for Campus Safety and Security Reporting

Again, anyone reading a log entry should be able to 

readily understand the information provided. 

Maintaining Your Log

An entry, an addition to an entry or a change in the 

disposition of a complaint, must be recorded within two 

business days of the reporting of the information to the 

campus police or the campus security department. For 

example, if the disposition of a crime is “pending” and you 

later receive word that an arrest has been made, you have two 

business days to update the disposition on the original entry to 

reflect the arrest. A business day is Monday through Friday, 

except for days when the institution is closed. The only 

exceptions to this rule are: 

• If the disclosure is prohibited by law; or 

• If the disclosure would jeopardize the confidentiality 

of the victim.

We suggest that you have more than one person 

responsible for making entries in your log in case of personnel 

changes or work absences. Note that your institution is no 

longer required to update the disposition of a crime log entry if 

the disposition changes after 60 days have passed. This means 

60 days after the entry was made in the log—not 60 days after

the crime occurred. You may temporarily withhold information 

only if there is clear and convincing evidence that the release of 

information would: 

• Jeopardize an ongoing investigation; 

• Jeopardize the safety of an individual; 

• Cause a suspect to flee or evade detection; or

• Result in the destruction of evidence. 

Your institution may withhold only that information that 

could cause an adverse effect, and 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 your institution 

An entry, an 

addition to an entry 

or a change in the 

disposition of a 

complaint, must be 

recorded within two 

business days of

the reporting of the 

information to the 

campus police or 

the campus 

security 

department.
Chapter 5. The Daily Crime Log: Recording Crimes Reported to Campus Police or Security Personnel

The Handbook for Campus Safety and Security Reporting 95

does not have a campus police department we suggest that you 

consult with local law enforcement with regard to withholding 

crime log information.

If a reported crime is 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.” Only sworn or commissioned law enforcement 

authorities that investigate the crime can make this

determination. A campus security authority who is not a sworn 

or commissioned law enforcement authority cannot unfound a 

crime. (See Chapter 3, under “Excluded Crimes,” for a more 

detailed discussion of unfounded crimes.) 

Making Your Log Available

Your log must be accessible on-site. This means if you 

have an additional campus with a campus police or security 

department, a separate log must be available at, or accessible 

from, that campus as well. 

• Format: Your log may be either hard copy or 

electronic. If your institution has an electronic log 

and there are technical problems that make it 

unusable, use a hard copy log as a temporary 

replacement until the problems are resolved. 

• Publicize Availability: Let students and employees 

know that the log is available, what it contains and 

where it is. You may post a notice on your website, in 

your security office, in your student and employee 

handbooks or anywhere else it’s likely to be seen. 

• Accessibility: The crime log for the most recent 60-

day period must be open to public inspection, upon 

request, during normal business hours. You cannot 

require a written request. Anyone may have access to 

the log, whether or not they are associated with your 

institution. This includes the media. Make any

portion of the log that is older than 60 days available 

within two business days of a request for public 

inspection. 

Entries in the crime log should be used, along with 

additional information, to gather the statistics that are required 

for inclusion in the annual security report and the annual Webbased data collection. Use only Clery crimes that occur in the 

If your institution 

does not have a 

campus police 

department we 

suggest that you 

consult with local 

law enforcement 

with regard to 

withholding crime 

log information.
Chapter 5. The Daily Crime Log: Recording Crimes Reported to Campus Police or Security Personnel

96 The Handbook for Campus Safety and Security Reporting

geographic locations described in Chapter 2 of the handbook 

for this purpose. Archived logs should be kept for seven years 

in a location where they can be accessed if necessary. You may 

be required to produce logs during an ED program review. (See

“Retaining Records” in Chapter 9 for more information 

regarding records retention.)
The Handbook for Campus Safety and Security Reporting 97

Emergency Notification 

And Timely Warnings: 

Alerting Your Campus Community

Chapter 6

HEA has specific requirements intended to help you keep 

your students and employees informed about threats to their 

safety and health in a manner that allows them to protect 

themselves. This chapter discusses two different types of alerts 

and when and why you are required to issue them. The first 

part of the chapter provides a breakdown of the emergency 

response and evacuation procedures requirement. The second 

part discusses the timely warning requirement. The third part 

describes the differences between emergency notification and 

the timely warning and provides sample scenarios to help you 

understand when it’s appropriate to use one or the other. 

Emergency Response and Evacuation 

Procedures 

The Clery Act requires every Title IV institution, without 

exception, to have and disclose emergency response and 

evacuation procedures in response to a significant emergency 

or dangerous situation involving an immediate threat to the 

health or safety of students or employees occurring on the 

campus. (See “How to Identify Your On-campus Geography” 

in Chapter 2 for a definition of “on campus.”) This requirement 

does not apply to emergency situations in or on noncampus 

buildings or property. If, however, your institution has 

emergency response and evacuation procedures for noncampus 

buildings or properties as well, make certain that your 

disclosures are very clear regarding which Clery geographic 

area specific procedures address.

Disclosure of emergency 

response and evacuation 

procedures citation

34 CFR 668.46(b)(13) 

The emergency response and evacuation regulations are 

intended to ensure that your institution has sufficiently 

prepared for an emergency situation on campus, that you are 

testing these procedures to identify and improve weaknesses 

and that you have considered how you will inform the campus 

community and other individuals, such as parents and 

guardians. In other words, you must have an emergency plan, 

test it, evaluate it and publicize it. 
Chapter 6. Emergency Notification and Timely Warnings: Alerting Your Campus Community

98 The Handbook for Campus Safety and Security Reporting

Clery requires you to disclose a statement of policy 

regarding your procedures in your annual security report along 

with your other security-related policy statements. (See 

Chapter 9 for a discussion on publishing and distributing the 

annual security report.) In disclosing your procedures be sure 

to address the who, what, when and how elements. For 

example, who makes decisions and initiates procedures, what is 

the procedure for reporting an emergency, when is information 

released, how is information provided, etc.? There is no 

prescribed manner in which to present the information as long 

as it’s accurate, complete and understandable. You can use 

lists, flow charts, maps or other means to describe what you do 

in emergency situations. The important thing is that you say 

what you do and do what you say. 

When is an emergency response necessary?

Under Clery, your institution is required to immediately

notify the campus community upon confirmation of a 

significant emergency or dangerous situation involving an 

immediate threat to the health or safety of students or 

employees occurring on the campus. An “immediate” threat

as used here encompasses an imminent or impending threat, 

such as an approaching forest fire, as well as a fire currently 

raging in one of your buildings. 

Some other examples of significant emergencies or 

dangerous situations are: 

• Outbreak of meningitis, norovirus or other serious 

illness.

• Approaching tornado, hurricane or other extreme 

weather conditions. 

• Earthquake. 

• Gas leak. 

• Terrorist incident. 

• Armed intruder. 

• Bomb threat. 

• Civil unrest or rioting. 

• Explosion. 
Chapter 6. Emergency Notification and Timely Warnings: Alerting Your Campus Community

The Handbook for Campus Safety and Security Reporting 99

• Nearby chemical or hazardous waste spill. 

Examples of situations that would not necessitate an 

emergency response under Clery: 

• Power outage. 

• Snow closure. 

• String of larcenies. 

These are situations for which your institution might 

choose to alert the campus community; however, they do not 

meet the threshold of a significant emergency or dangerous 

situation for the purposes of this regulation. (If your institution 

has a policy that requires issuing an emergency alert for similar 

events, however, you must follow that policy.) 

Requirements for 

emergency response and 

evacuation procedures 

statement citation

34 CFR 668.46(g) 

Your emergency response and evacuation procedures 

statement must include:

1. The procedures the institution will use to 

immediately notify the campus community upon 

the confirmation of a significant emergency or 

dangerous situation involving an immediate 

threat to the health or safety of students or 

employees occurring on the campus. 

What does this mean?

Inherent in this requirement is a statement that your 

institution will immediately notify the campus community 

upon confirmation of an emergency or dangerous situation. 

Confirmation means that an institution official (or officials) 

has verified that a legitimate emergency or dangerous situation

exists. Confirmation doesn’t necessarily mean that all of the 

pertinent details are known or even available. 

Provide a description of the procedures your institution 

will use in a significant emergency or a dangerous situation. 

You aren’t required to publish in great detail how your 

institution would respond to specific emergencies (i.e., do not 

compromise safety). For example, you can say that you will 

“secure the residence halls” without saying how you will do 

this, or you can say that “students and employees will be 

directed to a safe location,” without naming the location. 

Include all of your procedures and describe them in a 

manner that lets the campus community and others know what 
Chapter 6. Emergency Notification and Timely Warnings: Alerting Your Campus Community

100 The Handbook for Campus Safety and Security Reporting

you will do and who or what office or organization will be 

responsible for each step along the way. Be sure to provide 

information about how to report an emergency.

The regulations don’t require your institution to use a 

particular mode of communication. For example, in the case of 

a gas leak, your institution may determine that the most 

effective mode of communication is a fire alarm, whereas in 

other situations, it might be best to use a text message system. 

We do encourage you to consider overlapping means of 

communication in case one method fails or malfunctions. Make 

a complete disclosure of whatever methods will be used (or 

will potentially be used depending on the situation): a public 

address system, text messaging, e-mail messaging, electronic 

signboards, emergency phone lines, phone trees, bulletins 

posted on building entrances and exits, etc. If any of the 

emergency notification services require the campus community 

to sign up, include information on how to do this. 

Figure 8. Example of Emergency Notification via Text 

Message

Note that you must describe your procedures for both 

response and evacuation in emergency or dangerous 

situations. If you don’t have a campus police or security 

department, or personnel trained in emergency management, 

we suggest that you consult with local law enforcement or 
Chapter 6. Emergency Notification and Timely Warnings: Alerting Your Campus Community

The Handbook for Campus Safety and Security Reporting 101

emergency management personnel regarding how to 

appropriately design procedures for your institution. 

Figure 9. Sample Announcement for Student E-Mail Sign-up for Emergency 

Notification 

In the event of an actual emergency the campus community will be notified through 

phone mail, e-mail, and the McDaniel College Web site. Students should take 

responsibility for regularly checking their e-mail. In order to receive campus-wide email announcements, students must have a College e-mail account, which may be 

obtained from the Office of Information services in the middle level of Decker Center. 

Instructions for automatic forwarding of e-mail messages from a College account to 

another account are available from Information Services or on the College Web site. 

2. A description of the process the institution will 

use to— 

a. Confirm that there is a significant emergency 

or dangerous situation as described in no. 1 

above. (See page 99 for no. 1.) 

What does this mean? 

This part of your statement describes how your 

institution will confirm that there is an emergency or dangerous

situation. Saying, for example, that “the school will size up the 

situation to determine whether there’s an emergency” is not 

adequate. You have to describe the process your school will 

use. For example, is the director of your school solely 

responsible for confirming an emergency, or are there multilayers of information gathering? If there are multiple people or 

offices involved, what is the relationship? Do you rely on 

outside resources for certain types of emergencies or for all 

emergencies? How is this process coordinated? 

b. Determine the appropriate segment or 

segments of the campus community to receive 

a notification. 

What does this mean? 

You have the flexibility to alert only the segment of the 

population that you determine to be at risk. For example, in the 

case of a gas leak, you may choose to only notify individuals in 

the building that has the leak, whereas, for a meningitis 

outbreak, you may choose to notify the entire campus 

community. 
Chapter 6. Emergency Notification and Timely Warnings: Alerting Your Campus Community

102 The Handbook for Campus Safety and Security Reporting

Describe how you will make the decision to notify or not 

notify specific segments of the campus community. For 

example, you may state that the entire campus community will 

be notified when there is at least the potential that a very large 

segment of the community will be affected by a situation, or 

when a situation threatens the operation of the campus as a 

whole. You may also indicate that there will be a continuing 

assessment of the situation and that additional segments of the 

campus community may be notified if a situation warrants such 

action. 

c. Determine the content of the notification.

What does this mean? 

Describe how your institution will determine what 

information will be contained in a notification. For example, 

you might state that your campus police department will 

determine how much information is appropriate to disseminate 

at different points in time. Depending on what segments of the 

community your notification targets, the content may differ. In 

the case of an approaching tornado, you may want to tell dorm 

residents to take shelter in the basement but you may want to 

tell commuter students to stay away from the campus. 

d. Initiate the notification system.

What does this mean? 

Describe how your institution initiates notifying the 

campus community that there’s an emergency or dangerous 

situation. For example, does your institution have first 

responders who are alerted before anyone else? Will you use 

fire alarms or public address systems to alert the campus 

community and follow up with text messages and posted 

bulletins as more specific information becomes available? Who 

is responsible for initiating the system? 

3. A statement that the institution will, without 

delay, and taking into account the safety of the 

community, determine the content of the 

notification and initiate the notification system, 

unless issuing a notification will, in the 

professional judgment of responsible authorities, 

compromise efforts to assist a victim or to 

contain, respond to or otherwise mitigate the 

emergency.
Chapter 6. Emergency Notification and Timely Warnings: Alerting Your Campus Community

The Handbook for Campus Safety and Security Reporting 103

What does this mean? 

This statement is mandatory. You must tell the campus 

community that as soon as your institution has confirmed that a 

significant emergency or dangerous situation exists, you will:

• Take into account the safety of the campus 

community, 

• Determine what information to release about the 

situation, and 

• Begin the notification process. 

You also must state that the only reason your institution 

would not immediately issue a notification for a confirmed 

emergency or dangerous situation is if doing so will 

compromise efforts to: 

• Assist a victim,

• Contain the emergency,

• Respond to the emergency, or 

• Otherwise mitigate the emergency. An example of not 

compromising efforts to mitigate the emergency 

might be agreeing to a request of local law 

enforcement or fire department officials.

The law doesn’t specify who may or may not be a 

“responsible authority” except to qualify that they use 

“professional judgment.” Your institution is responsible for 

identifying these authorities. 

4. A list of the titles of the person or persons or 

organization or organizations responsible for 

carrying out the actions described in nos. 2(a) 

through 2(d) above. (See pages 101–102 for 2(a) 

through 2(d).

What does this mean? 

Provide a list of individuals (by title or position) or 

organizations (by name) responsible for carrying out the 

procedures you describe. If different people or organizations 

will be responsible for different procedures or for responding 

to different types of emergency or dangerous situations, make 

this clear. For example, you might indicate that the Rockville 
Chapter 6. Emergency Notification and Timely Warnings: Alerting Your Campus Community

104 The Handbook for Campus Safety and Security Reporting

Public Health Department will be asked to confirm a serious 

virus outbreak. A campus located in a strip mall might call 

upon the Rockville Mall Security Office to confirm a 

significant emergency situation. When designating individuals 

and organizations for your plan, avoid potential conflicts of 

responsibilities. For example, if the individual responsible for 

issuing an emergency notification is also responsible for 

containing the emergency, efforts to mitigate the emergency 

may be compromised. 

5. The institution's procedures for disseminating 

emergency information to the larger community.

What does this mean? 

This part of your statement addresses how your 

institution disseminates emergency information to individuals 

and/or organizations outside of the campus community. You 

can use different methods to target different segments of the 

community. For example you might want to send cell phone 

alerts to parents and guardians, and use radio and/or TV alerts 

for the neighboring community. If the procedures differ 

depending on the situation, explain this. Include information 

about who or what office is responsible for developing the 

information to be disclosed, and who or what office is 

responsible for disseminating the information to the larger 

community. 

Figure 10. Sample Emergency Response and Evacuation Procedures Statement

Emergency Response

The University’s Incident Manual includes information about Incident Teams, University 

operating status parameters; incident priorities and performance expectations; shelter-inplace and evacuation guidelines; and local contingency and continuity planning 

requirements. University Departments are responsible for developing contingency plans 

and continuity of operations plans for their staff and areas of responsibility. The University 

conducts numerous emergency response exercises each year, such as table top exercises, 

field exercises, and tests of the emergency notification systems on campus. These tests are 

designed to assess and evaluate the emergency plans and capabilities of the institution. 

GW Police officers and supervisors have received training in Incident Command and 

Responding to Critical Incidents on Campus. When a serious incident occurs that causes an 

immediate threat to the campus, the first responders to the scene are usually the GWPD, 

MPD and the D.C. Fire and Emergency Medical Services (DCFEMS) Department, and 

they typically respond and work together to manage the incident. Depending on the nature 

of the incident, other GW departments and other local or federal agencies could also be 

involved in responding to the incident.
Chapter 6. Emergency Notification and Timely Warnings: Alerting Your Campus Community

The Handbook for Campus Safety and Security Reporting 105

Figure 10. Sample Emergency Response and Evacuation Procedures Statement

(Continued) 

General information about the emergency response and evacuation procedures for GW 

are publicized each year as part of the institution’s Clery Act compliance efforts and that 

information is available on the GWPD web site. Detailed information about and updates 

to the GW Incident Manual, and Departmental Contingency and Continuity Plans are 

available on the Campus Advisories web site at http://www.CampusAdvisories.gwu.edu. 

All members of the GW Community are notified on an annual basis that they are 

required to notify the GW Police Department (GWPD) of any situation or incident on 

campus that involves a significant emergency or dangerous situation that may involve an 

immediate or ongoing threat to the health and safety of students and/or employees on 

campus. GWPD has the responsibility of responding to, and summoning the necessary 

resources, to mitigate, investigate, and document any situation that may cause a 

significant emergency or dangerous situation. In addition, the GW Police Department 

has a responsibility to respond to such incidents to determine if the situation does in fact, 

pose a threat to the community. If that is the case, Federal Law requires that the 

institution immediately notify the campus community or the appropriate segments of the 

community that may be affected by the situation.

Notification to the GW Community about an Immediate Threat

The Office of Public Safety and Emergency Management (OPSEM) and the External 

Relations Office receive information from various offices/departments on campus, such 

as the GW Police Department, the Office of Environmental Health and Safety (EHS), 

and Radiation Safety, etc. If GWPD or OPSEM confirms that there is an emergency or 

dangerous situation that poses an immediate threat to the health or safety of some or all 

members of the GW Community, OPSEM and External Relations will collaborate to 

determine the content of the message and will use some or all of the systems described 

below to communicate the threat to the GW Community or to the appropriate segment 

of the community, if the threat is limited to a particular building or segment of the 

population. OPSEM and External Relations will, without delay and taking into account 

the safety of the community, determine the content of the notification and initiate the 

notification system, unless issuing a notification will, in the judgment of the first 

responders (including, but not limited to: GWPD, MPD, and/or the DC Fire and 

Emergency Medical Services), compromise the efforts to assist a victim or to contain, 

respond to, or otherwise mitigate the emergency. 

In the event of a serious incident that poses an immediate threat to members of the GW 

community, the University has various systems in place for communicating information 

quickly. Some or all of these methods of communication may be activated in the event 

of an immediate threat to the GW campus community. These methods of 

communication include network emails, emergency text messages that can be sent to a 

phone or PDA (individuals can sign up for this service on the Campus Advisories web 

site), and emergency messages that scroll across computer screens when logged into the 

University system. The University will post updates during a critical incident on the GW 

Campus Advisories web site at http://www.CampusAdvisories.gwu.edu. Individuals can 

call GW’s recorded information telephone line at (XXX) XXX-XXXX for updates. 
Chapter 6. Emergency Notification and Timely Warnings: Alerting Your Campus Community

106 The Handbook for Campus Safety and Security Reporting

Figure 10. Sample Emergency Response and Evacuation Procedures Statement

(Continued) 

GWPD 4-RIDE vans are equipped with Public Address Systems and these vans can be 

strategically placed throughout the campus to facilitate communication through the PA 

System. Members of the larger community who are interested in receiving information 

about emergencies on campus should sign up for the emergency text message system and 

should use the Campus Advisories website and the XXX-XXXX line for obtaining updates 

in the event of an emergency on campus.

6. The institution's procedures to test the emergency 

response and evacuation procedures on at least 

an annual basis, including— 

a. Tests that may be announced or 

unannounced.

What does this mean? 

The Clery regulations define a test as regularly 

scheduled drills, exercises, and appropriate follow-through 

activities, designed for assessment and evaluation of 

emergency plans and capabilities. You must conduct at least 

one test a year and you can choose to announce it or not 

announce it. To comply with the Clery requirement the test 

must meet all of the criteria in the definition. It must: 

• Be scheduled. You cannot say that an actual 

emergency situation or a false emergency alarm 

served as a test of your institution’s procedures. 

• Contain drills. A drill is an activity that tests a single 

procedural operation (e.g., a test of initiating a cell 

phone alert system or a test of campus security 

personnel conducting a campus lockdown). 

• Contain exercises. An exercise is a test involving 

coordination of efforts (e.g., a test of the coordination 

of first responders, including police, firefighters and 

emergency medical technicians). 

• Contain follow-through activities. A follow-through 

activity is an activity designed to review the test 

(e.g., a survey or interview to obtain feedback from 

participants).

• Be designed for assessment of emergency plans and 

capabilities. This means that your test should have 

measureable goals. For example, “Everyone involved 
Chapter 6. Emergency Notification and Timely Warnings: Alerting Your Campus Community

The Handbook for Campus Safety and Security Reporting 107

in the emergency response and notification 

procedures will understand his or her role and 

responsibility.” 

• Be designed for evaluation of emergency plans and 

capabilities. Design the test so that, using the 

assessments, you can judge whether or not the test 

met its goals. For example, “The evacuation process 

accounted for/did not account for the diverse needs of 

all members of the campus community.”

You have flexibility in designing tests. For example, you 

may conduct a tabletop exercise (i.e., a simulated scenario) or 

conduct a live test. Whichever method you use, your test must 

address emergency response and evacuation on a campuswide 

scale. “Campuswide” scale means that tests must address your 

plan for evacuating all of your campus buildings. This does not 

mean that your plan must involve evacuating the entire campus 

at once. Just have a plan for each building. We recognize that a 

shelter-in-place contingency might be the best procedure to use 

in certain circumstances when evacuation is not a reasonable 

option. 

b. Publicizing its emergency response and 

evacuation procedures in conjunction with at 

least one test per calendar year.

What does this mean? 

This part of your statement addresses how your 

institution “gets the word out” about its emergency procedures. 

Time the publication to coincide with one test every calendar 

year. You may conduct more tests and you may publicize your 

procedures along with other tests, but you aren’t required to do 

so. Use a method that will attract attention to the information 

you’re disseminating; don’t make people search for it. Sending 

a “blast” e-mail or text message containing a link to your 

institution’s procedures would suffice; however, simply 

posting a notice on your school’s website would not. 

Determine the appropriate means of reaching different target 

audiences. You may use a combination of methods. For 

example, you might want to include parents and guardians on a 

blast e-mail, but issue a press release to the local media. 

Another method might be informing parents and guardians that 

they can sign up for e-mail alerts. The alert can direct them to a 

website or radio station for details.
Chapter 6. Emergency Notification and Timely Warnings: Alerting Your Campus Community

108 The Handbook for Campus Safety and Security Reporting

c. Documenting, for each test, a description of 

the exercise, the date, time and whether it was 

announced or unannounced.

What does this mean? 

This part of your statement describes how your 

institution will document each test. (Although the law requires 

only one test each year, if you have multiple tests in a year, 

you’re required to document each one.) Be sure to address each 

component: 

• A description of the exercise (i.e., the test).

• The date the test was held.

• The time the test started and ended.

• Whether the test was announced or unannounced. 

As with all other Clery-related documentation, your 

institution is required to keep emergency test documentation 

for seven years.

Figure 11. Sample Procedures for Testing Emergency Response and Evacuation 

Procedures

An evacuation drill is coordinated by GWPD each semester for all residential facilities on 

both the Foggy Bottom and Mount Vernon campuses. A second drill is coordinated each 

semester for some first year Residence Halls and the more densely populated halls. Thus, 

the emergency response and evacuation procedures are tested at least twice each year and, 

for some of the buildings, four times a year. Students learn the locations of the emergency 

exits in the buildings and are provided guidance about the direction they should travel 

when exiting each facility for a short-term building evacuation. GWPD does not tell 

residents in advance about the designated locations for long-term evacuations because 

those decisions are affected by time of day, location of the building being evacuated, the 

availability of the various designated emergency gathering locations on campus, and other 

factors such as the location and nature of the threat. In both cases, GWPD and Housing 

Programs staff on the scene will communicate information to students regarding the 

developing situation or any evacuation status changes. 
Chapter 6. Emergency Notification and Timely Warnings: Alerting Your Campus Community

The Handbook for Campus Safety and Security Reporting 109

Figure 11. Sample Procedures for Testing Emergency Response and Evacuation 

Procedures (Continued) 

The purpose of evacuation drills is to prepare building occupants for an organized 

evacuation in case of an emergency. At GW, evacuation drills are used as a way to 

educate and train occupants on issues specific to their building. During the drill, 

occupants 'practice' drill procedures and familiarize themselves with the location of exits 

and the sound of the fire alarm. Palm cards with educational information are distributed 

to residents re-entering a facility immediately after an evacuation drill. In addition to 

educating the occupants of each building about the evacuation procedures during the 

drills, the process also provides the University an opportunity to test the operation of fire 

alarm system components.

Evacuation drills are monitored by the GWPD, EHS, and the Housing Programs 

Department to evaluate egress and behavioral patterns. Reports are prepared by 

participating departments which identify deficient equipment so that repairs can be made 

immediately. Recommendations for improvements are also submitted to the appropriate 

departments/offices for consideration. 

Students receive information about evacuation and shelter-in-place procedures during 

their first floor meetings and during other educational sessions that they can participate 

in throughout the year. The House Staff members are trained in these procedures as well 

and act as an on-going resource for the students living in residential facilities. 

OPSEM conducts numerous announced and unannounced drills and exercises each year 

and conducts follow-through activities designed for assessment and evaluation of 

emergency plans and capabilities. GWPD coordinates announced and unannounced 

evacuation drills each semester, as described above, to test the emergency response and 

evacuation procedures, and to assess and evaluate the emergency evacuation plans and 

capabilities. GW will publish a summary of its emergency response and evacuation 

procedures in conjunction with at least one drill or exercise each calendar year. 

Shelter-in-Place Procedures—What it Means to "Shelter-in-Place"

If an incident occurs and the buildings or areas around you become unstable, or if the air 

outdoors becomes dangerous due to toxic or irritating substances, it is usually safer to 

stay indoors, because leaving the area may expose you to that danger. Thus, to "shelterin-place" means to make a shelter of the building that you are in, and with a few 

adjustments this location can be made even safer and more comfortable until it is safe to 

go outside. 
Chapter 6. Emergency Notification and Timely Warnings: Alerting Your Campus Community

110 The Handbook for Campus Safety and Security Reporting

Figure 11. Sample Procedures for Testing Emergency Response and Evacuation 

Procedures (Continued) 

Basic “Shelter-in-Place” Guidance 

If an incident occurs and the building you are in is not damaged, stay inside-seeking an 

interior room-until you are told it is safe to come out. If your building is damaged, take 

your personal belongings (purse, wallet, GWorld card, etc.) and follow the evacuation 

procedures for your building (close your door, proceed to the nearest exit, and use the stairs 

instead of the elevators). Once you have evacuated, seek shelter at the nearest University 

building quickly. If police or fire department personnel are on the scene, follow their 

directions. 

How You Will Know to “Shelter-in-Place”

A shelter-in-place notification may come from several sources, including the GWPD, 

Housing Staff members, other University employees, the federal or DC government, MPD, 

or other authorities utilizing the University’s emergency communications tools. 

How to “Shelter-in-Place”

No matter where you are, the basic steps of shelter-in-place will generally remain the same. 

Should the need ever arise, follow these steps, unless instructed otherwise by local 

emergency personnel:

1. If you are inside, stay where you are. Collect any emergency shelter-in-place supplies 

and a telephone to be used in case of emergency. If you are outdoors, proceed into the 

closest building quickly or follow instructions from emergency personnel on the scene. 

2. Locate a room to shelter inside. It should be: 

-An interior room; 

-Above ground level; and 

-Without windows or with the least number of windows. If there is a large group of 

people inside a particular building, several rooms maybe necessary 

3. Shut and lock all windows (tighter seal) and close exterior doors. 

4. Turn off air conditioners, heaters, and fans. 

5. Close vents to ventilation systems as you are able. (University staff will turn off 

ventilation as quickly as possible.) 

6. Make a list of the people with you and ask someone (House Staff, faculty, or other staff) 

to call the list in to GWPD so they know where you are sheltering. If only students are 

present, one of the students should call in the list. 

7. Turn on a radio or TV and listen for further instructions. 

8. Make yourself comfortable. 
Chapter 6. Emergency Notification and Timely Warnings: Alerting Your Campus Community

The Handbook for Campus Safety and Security Reporting 111

The Timely Warning

All of us want to be alerted promptly to potentially 

dangerous criminal situations near our homes or workplaces so 

that we have both the time and the information necessary to 

take appropriate precautions. Apply this to your institution, and 

you have the concept of the “timely warning.” The Clery Act

requires you to alert the campus community to certain crimes 

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

similar crimes. Although Clery doesn’t define “timely,” 

because the intent of a warning regarding a criminal 

incident(s) is to enable people to protect themselves this 

means that a warning should be issued as soon as the 

pertinent information is available. This is critical; it’s 

expected that even if you don’t have all of the facts 

surrounding a criminal incident or incidents, you will issue a 

warning. You can then follow up with additional information 

as it becomes available. 

Timely Warning Policy 

All Title IV institutions, without exception, are subject to 

the timely warning regulation. You are required to disclose a 

policy statement in your annual security report that accurately 

reflects the timely warning procedures currently utilized by 

your institution. (See policy statement 1a in Chapter 7 for more 

information about this policy statement.)

A warning should 

be issued as soon 

as the pertinent 

information is 

available.

Timely warning citation

34 CFR 668.46(e) 

Crimes Subject to a Timely Warning 

You must issue a timely warning for any Clery Act crime

(remember Chapter 3?) that occurs on your Clery geography 

that is: 

• Reported to campus security authorities or local 

police agencies; and

• Is considered by the institution to represent a serious 

or continuing threat to students and employees. 

Timely warnings are not limited to violent crimes or 

crimes against persons so you should not have a timely 

warning policy that contains this restriction. Timely warnings 

can be issued for threats to persons or to property. For 

example, it’s possible to have a rash of dormitory burglaries or 

motor vehicle thefts that merit a warning because they present 

a continuing threat to your campus community. A number of 
Chapter 6. Emergency Notification and Timely Warnings: Alerting Your Campus Community

112 The Handbook for Campus Safety and Security Reporting

incidents involving the possession of “date rape” drugs may 

also trigger the need for a warning. 

Although your timely warning policy should not be 

limited to certain types of Clery crimes, it may include nonClery crimes. That is, although the Clery Act mandates timely 

warnings only for Clery crimes, nothing in the law prohibits 

timely warnings for other crimes that may pose a serious or 

continuing threat to the campus community (e.g., a kidnapping 

on campus or a rash of robberies in a public parking lot across 

the street from the shopping plaza where your school is 

located). If your policy states that you also will issue timely 

warnings for these or similar types of situations, you are 

required to follow that policy. 

Crimes Exempt From the Timely Warning 

Requirement 

Your institution is not required to provide a timely 

warning for non-Clery crimes or for crimes reported to a 

pastoral or professional counselor. (See “Exemption for 

Pastoral and Professional Counselors” in Chapter 4 for 

definitions of pastoral and professional counselors.) There are 

no other exemptions. 

Making the Decision to Issue a Timely Warning 

Whether you issue a timely warning must be decided on 

a case-by-case basis in light of all the facts surrounding a 

crime, including factors such as: 

• The nature of the crime. This means that you should 

consider the type of crime that was reported. Was it a 

Clery crime? Did two students get drunk and attempt 

to steal a golf cart from the campus one night, or does 

it appear that professional car thieves are preying on 

your campus? 

• The continuing danger to the campus community.

This means that after a Clery crime is reported you 

should consider whether your students and 

employees are at risk of becoming victims of a 

similar crime. For example, if a rape is reported on 

campus and the alleged perpetrator has not been 

caught, the risk is there. If the alleged perpetrator was 

apprehended, there is no continuing risk. Does a 

criminal incident appear to be a one-time occurrence 
Chapter 6. Emergency Notification and Timely Warnings: Alerting Your Campus Community

The Handbook for Campus Safety and Security Reporting 113

or does it fall into a pattern of reported crimes? For 

example, if your students set some posters on fire 

after your school’s team lost the homecoming 

football game, the arsons are probably a one-night 

event. If an unknown person is randomly setting fires 

on campus, there is a continuing threat. 

• The possible risk of compromising law 

enforcement efforts. This factor does not mean that 

in the event of a serious or continuing threat to your 

students or employees you should decide not to issue 

a timely warning. It means that you should take law 

enforcement efforts into consideration when you 

issue a warning. For example, you should warn 

students if there is a serial rapist preying on female 

joggers along the bike paths running through campus; 

you should not compromise law enforcement efforts 

by disclosing that two undercover female officers 

have been assigned to patrol the bike path. 

We recommend that your institution meets beforehand 

with its security personnel and with local and state law 

enforcement authorities to discuss what is reasonable in terms 

of issuing timely warnings. And although there is no 

requirement to do so, we also recommend that your institution 

request that local law enforcement keep you informed on an 

immediate basis of crimes that may require timely warnings. 

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

enforcement agencies requesting crime statistics. (See 

“Requesting Statistics From Local Law Enforcement 

Agencies” in Chapter 4 for more information about this letter.) 

Determining the Content of a Timely 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 and that would aid in 

the prevention of similar crimes. Issuing a warning that 

cautions the campus community to be careful or to avoid 

certain practices or places is not sufficient. You must include 

information about the crime that triggered the warning. Your 

institution’s policy regarding timely warnings should specify 

what types of information will be included. 

The intent of the 

warning is to 

enable members of 

the campus 

community to 

protect themselves.
Chapter 6. Emergency Notification and Timely Warnings: Alerting Your Campus Community

114 The Handbook for Campus Safety and Security Reporting

Issuing a Timely Warning 

Although the format for the warning has not been 

mandated, the warning must be reasonably likely to reach the 

entire campus community. Therefore, timely warnings must be 

issued in a manner that gets the word out quickly 

communitywide. They may be e-mailed, posted around 

campus, provided as text messages or otherwise distributed 

according to your institution’s policy. A combination of 

dissemination methods may be used. 

Timely warnings may not be issued in a manner or 

posted in a location that requires the campus community to 

make requests for them or to search for them. The 

responsibility for getting the warning out rests solely with the 

institution.

The Family Educational Rights and Privacy Act

(FERPA) and the Timely Warning Requirement 

The Clery Act does not require confidential reporting of 

crimes. Although personally identifiable information is 

generally precluded from disclosure, such information may be 

released in an emergency situation. Our May 1996 Dear 

Colleague Letter on Campus Security Issues reads in part: 

FERPA and the Timely 

Warning citation

34 CFR 99.31(b)(6) 

and 99.36

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. 
Chapter 6. Emergency Notification and Timely Warnings: Alerting Your Campus Community

The Handbook for Campus Safety and Security Reporting 115

Figure 12-A. Sample Timely Warning 

UWPD CAUTIONS STUDENTS ABOUT DATE RAPE DRUGS

April 11, 2002

by (name deleted), (title), 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 XXX-XXXX. Victims of any form of sexual assault are encouraged to 

seek confidential support at the University Counseling Center, 340 Knight Hall, XXX-XXXX.
Chapter 6. Emergency Notification and Timely Warnings: Alerting Your Campus Community

116 The Handbook for Campus Safety and Security Reporting

Figure 12-B. Sample Timely Warning 

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 (XXX)XXX-XXXX; 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. 
Chapter 6. Emergency Notification and Timely Warnings: Alerting Your Campus Community

The Handbook for Campus Safety and Security Reporting 117

Figure 12-C. Sample Timely Warning

CRIME ALERT

On the evening of 01/22/10, the individuals below gained access to Philip Amsterdam Hall by 

following students into the building. They then burglarized a room and stole three laptops. The 

investigation into this incident has yielded photographs of two subjects that were involved in the 

theft.

Should you see these individuals on campus, please contact the Campus PD immediately at 

XXX-XXXX or anonymously at XXX-TIPS. 

DESCRIPTION of Suspect #1: Picture

Race----------------Black 

Sex----------------- Male 

Complexion ------ Medium 

Hair---------------- Black

Hair Description—Close Cut

Eyes----------------Brown

Age-----------------17-25; Subject appears to be in his teens 

SUBJECT#1 CLOTHING:

Last seen wearing- Black baseball cap with green trim, long black coat with hood, dark colored 

pants with cuffs at the bottom, dark colored shoes with green soles 

DESCRIPTION of Suspect #2: Picture 

Race----------------Black 

Sex----------------- Male 

Complexion ------ Medium 

Hair---------------- Black

Hair Description—Short Dreadlocks

Eyes----------------Brown

Age-----------------17-25; Subject appears to be in his teens 

SUBJECT #2 CLOTHING:

Last seen wearing- Backward white and dark colored baseball cap with ‘SL’ logo, black hooded 

winter coat over dark colored collared shirt, dark colored pants, dark colored shoes 

Please share the information contained in this crime alert with other people on campus who may 

not have seen it. 
Chapter 6. Emergency Notification and Timely Warnings: Alerting Your Campus Community

118 The Handbook for Campus Safety and Security Reporting

Emergency Notification and Timely Warnings: 

Sorting Out the Differences 

Emergency Notification 

Scope: Wide focus on any significant emergency 

or dangerous situation (may include Clery 

crimes).

Why: Emergency notification is triggered by an 

event that is currently occurring on or imminently 

threatening the campus. Initiate emergency 

notification procedures for any significant 

emergency or dangerous situation involving an 

immediate threat to the health or safety of 

students or employees occurring on the campus. 

Where: Applies to situations that occur on your 

campus.

When: Initiate procedures immediately upon 

confirmation that a dangerous situation or 

emergency exists or threatens.

Timely Warning 

Scope: Narrow focus on Clery crimes. 

Why: Timely warnings are triggered by 

crimes that have already occurred but 

represent an ongoing threat. Issue a timely 

warning for any Clery crime committed on 

your Clery geography that is reported to your 

campus security authorities or a local law 

enforcement agency and is considered by the 

institution to represent a serious or continuing 

threat to students and employees.

Where: Applies to crimes that occur 

anywhere on your Clery geography. 

When: Issue a warning as soon as the 

pertinent information is available.

The law specifies that “an institution that follows its emergency notification procedures is not 

required to issue a timely warning based on the same circumstances; however, the institution must 

provide adequate follow-up information to the community as needed.”

Consider the following scenarios and whether a timely warning is warranted. 

Figure 13. Sample Scenarios Regarding Emergency Notification and the Timely 

Warning 

Scenario 1: In a single night there are several random arsons in unoccupied classrooms and 

basements of buildings on campus. Upon confirmation that there is an arsonist on campus, 

you follow your emergency notification procedures. There is no need to issue a timely 

warning for the arsons as well. As soon as it’s available, disseminate pertinent follow-up 

information to the campus community. 

Scenario 2: An employee spots an armed intruder in a classroom building. The employee 

alerts a campus police officer who is present in the building and who confirms the 

situation. Following your emergency notification procedures, the officer alerts the campus 

police chief who initiates campus-wide emergency notification procedures. In the course of 

trying to apprehend the intruder, the intruder shoots and wounds two people trying to flee 

the building. Although emergency notification procedures were initiated, the circumstances 

have changed, and you must issue a timely warning for the shootings (i.e., the crimes of 

aggravated assault).
The Handbook for Campus Safety and Security Reporting 119

Policy Statements: 

Disclosing What You Do 

And How You Do It

CHAPTER 7

A major requirement of Clery Act compliance is to disclose 

policy statements in your annual security report. Due to the 

number and nature of the statements, this handbook devotes 

two chapters to the subject. 

Annual security report policy 

statements citation

34 CFR 668.46(b) 

This chapter focuses on policies regarding:

• How students and others should report criminal 

actions or other emergencies occurring on campus; 

• Security of and access to campus facilities; 

• Crime prevention; 

• Campus law enforcement/security; and

• Alcohol and drugs. 

Chapter 8 discusses policies regarding: 

• Sex offenses; and

• Obtaining registered sex offender information. 

Regardless of which policy you’re addressing there are 

some general guidelines to keep in mind: 

• Language. Use language that will be understood by 

the general public (i.e., avoid heavily legal language). 

• Accuracy. Your statements or descriptions of 

policies must accurately reflect your institution’s 

current procedures and practices. If your institution 

does not have a policy or program responding to one 

or more of the categories listed in the regulations, 

you must disclose this fact. If you are compiling 

security reports for multiple campuses, make sure 

your policy statements accurately reflect the current 

policies and practices of each separate campus.

If you are 

compiling 

security reports 

for multiple 

campuses, make 

sure your policy 

statements 

accurately reflect 

the current 

policies and 

practices of each 

separate campus.
Chapter 7. Policy Statements: Disclosing What You Do and How You Do It

120 The Handbook for Campus Safety and Security Reporting

• Required components. Pay close attention to the 

requirements of each policy statement. In general, the 

law 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 your 

institution’s annual security report.

• Missing policies. Failure to have a required policy or 

to disclose all of the required policy statements 

means that your school is not in compliance with the 

law. As always, please consult our Campus Safety 

and Security Help Desk if you have questions that are 

not answered by the policy chapters in this handbook. 

The required policy statements are presented in the 

following section. Where applicable, the statements are broken 

down into components to emphasize the content you must 

include. Explanations of statements are preceded by “What 

does this mean?” and are followed by sample statements, many 

of which were provided by various postsecondary institutions. 

We stress that these are samples, as opposed to templates.3

Your institution’s policy statements must reflect your 

institution’s unique security policies, procedures and 

practices.

Present your policy statements in any order. You may 

also combine statements. For example, if your institution has a 

combined alcohol and drug policy, you may present it that way. 

3 Please note that many of these statements were modified for the purposes of this handbook.

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. 

 

Your institution’s 

policy statements 

must reflect your 

institution’s 

unique security 

policies, 

procedures and 

practices. 
Chapter 7. Policy Statements: Disclosing What You Do and How You Do It

The Handbook for Campus Safety and Security Reporting 121

What does this mean? 

As discussed in the latter part of Chapter 6, your 

institution must have a policy regarding its timely warning 

report system. We suggest that your policy include the: 

• Circumstances for which a warning will be issued;

• Individual or office responsible for issuing the 

warning; and

• Manner in which the warning will be disseminated. 

Figure 14. Sample Policy Statement Addressing Issuing 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 (XXX-XXXX) or in person at 

the dispatch center within Public Safety, Shenandoah Hall, the southwest corner of 

Patterson and South Main Streets. 
Chapter 7. Policy Statements: Disclosing What You Do and How You Do It

122 The Handbook for Campus Safety and Security Reporting

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 the purpose of the report, 

who prepares it and how and from what sources the crime 

statistics are collected. 

Figure 15. Sample Policy Statement Addressing Preparation of 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. Faculty 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 (XXX) XXXXXXX. All prospective employees may obtain a copy from Human Resources in 

Administration Room 326 or by calling (XXX) XXX-XXXX, and the web site address will 

be attached to SDSU employment applications. A partial version of this report is located in 

the class schedule.
Chapter 7. Policy Statements: Disclosing What You Do and How You Do It

The Handbook for Campus Safety and Security Reporting 123

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 list 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. 

Although students and employees may report crimes to any 

campus security authority, the people and/or organizations you 

list in this policy statement are those to whom your institution 

would prefer crimes to be reported. Examples are the campus 

police department and the dean of students. 

Figure 16. Sample Policy Statement Addressing How to Report Criminal Offenses 

To report a crime:

Contact University Police at XXX-XXXX (non-emergencies), dial 9-1-1- (emergencies only), or 

by using the Code Blue telephones located in the Residential Halls, Parking Lots or by some 

buildings. You may also use the red button on the pay telephones, which are marked Police 

Access. Any suspicious activity or person seen in the parking lots or loitering around vehicles, 

inside buildings or around the Residential Halls should be reported to the police department. In 

addition you may report a crime to the following areas: 

1. Associate Vice-President for Student Services XXX-XXX-XXXX Brotman Hall 377

2. Director, Counseling and Psychological Services XXX-XXX-XXXX Brotman Hall 226

3. Director, Student Health Center XXX-XXX-XXXX Student Health Center

4. Director, Staff Personnel Services XXX-XXX-XXXX Brotman Hall 335

5. Director, Equity and Diversity XXX-XXX-XXXX Student Union 301

6. Director, Judicial Affairs XXX-XXX-XXXX Brotman Hall 377

7. Director, Women’s Resource Center XXX-XXX-XXXX LA3-105

8. Director, Housing and Residential Life XXX-XXX-XXXX Parkide Commons

For off-campus options you may refer to the 2002-2003 CSULB catalog. University Police and 

the Long Beach Police department have a mutual aid and working agreement. Each department 

augments the other within their jurisdictions during mutual investigations, arrest, and 

prosecutions. University Police personnel attend monthly meetings with local law enforcement 

agencies to exchange ideas and problems which may be of concern for the University community. 
Chapter 7. Policy Statements: Disclosing What You Do and How You Do It

124 The Handbook for Campus Safety and Security Reporting

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 fact. 

Figure 17. Sample Policy Statement Addressing Voluntary Confidential Reporting

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 record 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.

Figure 18. Sample Policy Statement Addressing Limited Voluntary Confidential 

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 XXX-STOP 

(XXX-XXXX). 

2. Provide a statement of current policies concerning: 

a. Security of and access to campus facilities, 

including campus residences; and 

b. Security considerations used in the maintenance 

of campus facilities.

What does this mean? 

Part (a) of this statement addresses the security of

campus facilities, including campus residences, and access to

campus facilities, including campus residences. If your 

institution does not have any campus residences, your policy 

statement should note this. Address such topics as what your 

institution does to keep its facilities secure and how individuals 
Chapter 7. Policy Statements: Disclosing What You Do and How You Do It

The Handbook for Campus Safety and Security Reporting 125

gain access or are prevented from gaining access to these 

facilities. For example, do you issue keycards for student 

housing facilities? Do you have individuals monitoring access 

to your campus buildings? 

Part (b) of this statement addresses security 

considerations in maintaining campus facilities. For example, 

your institution may have someone who regularly checks to 

make sure pathways are well lighted and egress lighting is 

working in hallways and stairwells.

Figure 19. Sample Policy Statement Addressing Security and Access

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.

3. Provide a statement of current policies concerning 

campus law enforcement, including: 

a. The law enforcement authority of campus security 

personnel.

What does this mean? 

Your statement must describe the scope of the 

enforcement authority of your school’s security personnel. For 

example, do you have any sworn or commissioned law 

enforcement personnel? Can any security personnel make 

arrests? The term “security personnel” encompasses anyone 
Chapter 7. Policy Statements: Disclosing What You Do and How You Do It

126 The Handbook for Campus Safety and Security Reporting

who meets the description in Chapter 5, page 89. If your 

institution does not have any security personnel, you must state 

this.

Figure 20. Sample Policy Statement Addressing Campus Law Enforcement Authority

(For Institutions Whose Police Have Arrest Authority)

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. 

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. 
Chapter 7. Policy Statements: Disclosing What You Do and How You Do It

The Handbook for Campus Safety and Security Reporting 127

Figure 21. Sample Policy Statement Addressing Campus Law Enforcement 

Authority (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.

b. The working relationship of campus security 

personnel with state and local law enforcement 

agencies, including whether the institution has 

agreements with such agencies, such as written

memoranda of understanding, for the 

investigation of alleged criminal offenses. 

What does this mean? 

Describe the working relationship of your campus 

security personnel with state law enforcement agencies and

with local law enforcement agencies. Be specific about 

whether or not your institution has any written memorandum of 

understanding (MOU) or any other type of written agreement, 

such as a memorandum of agreement (MOA), with any law 

enforcement agencies for the investigation of alleged criminal 

offenses. You do not have to include a copy of your MOU in 

your policy statement; just disclose whether you have one. A 

sample MOU is found in Appendix C.
Chapter 7. Policy Statements: Disclosing What You Do and How You Do It

128 The Handbook for Campus Safety and Security Reporting

Figure 22. Sample Statement for an Institution That Has an MOU

The College recognizes that laws and rules are necessary for society to function and 

supports the enforcement of law by governmental agencies and rules by officials of the 

College. All persons on the campus are subject to these laws and rules at all times. While 

the College is private property, and Constitutional protections apply, law enforcement 

officers may enter the campus to conduct business as needed. Additionally, the officers are 

invited to patrol the campus to assist DoCS in deterring crime. All law enforcement 

agencies are expected to check in with DoCS when on campus. DoCS is recognized by the 

State of Maryland as a law enforcement agency.

DoCS enjoys an especially good relationship with the Westminster Police Department 

(WPD). The response time of the police department to campus averages less than two 

minutes for emergency calls. Several members of DoCS are special police officers with law 

enforcement and arrest authority on campus. The exercise of that authority is described in a 

“memorandum of understanding” (MOU) between WPD and DoCS that outlines which law 

enforcement agency will have jurisdiction over which types of offenses. Other campus 

safety officers have no arrest authority beyond that of an ordinary citizen. These safety 

officers may make an arrest in the event a felony is committed in his or her presence. 

However, as a matter of course, serious crimes are the responsibility of the WPD. 

Safety officers are expected to render all possible assistance provided such assistance can 

be given without significantly endangering the officer or others not involved in the crime. 

As noted in the introduction and the emergency policies, WPD is notified of all serious 

crime on campus, and is immediately notified of major crimes via the telephone or twoway radio. The College relies on the telephone or two-way radio to contact the county 

emergency dispatch center for fire and emergency medical needs. All victims are offered 

an opportunity to report crimes to WPD where appropriate under the MOU. 

Annually, the Chief of Police in Westminster is provided with a summary of all crime 

occurring on campus. Frequent meetings or telephone conversations between the chief of 

police (or his designee) and the director of campus safety allow for exchanges of routine 

information on a timely basis. Additionally, special needs are communicated between 

agencies as they occur. Instances where state police resources are needed are determined 

jointly between the Chief of Police and the Director of Campus Safety. Crimes committed 

at off campus facilities under the control of Mcdaniel College will be disclosed in these 

statistics if they come to the attention of DoCS.
Chapter 7. Policy Statements: Disclosing What You Do and How You Do It

The Handbook for Campus Safety and Security Reporting 129

Figure 23. Sample Statement for an Institution That Does Not Have an MOU 

The GW Police Department maintains a close working relationship with the 

Metropolitan Police Department (MPD). The GWPD staff occasionally works with other 

law enforcement agencies in DC, including the FBI, Metro Transit Police, the Park 

Police and the U.S. Secret Service. Meetings are held between the leaders of these 

agencies on both a formal and informal basis. The officers of GWPD and MPD 

communicate regularly on the scene of incidents that occur in and around the campus 

area. The GW Police Investigators work closely with the investigative staff at MPD 

when incidents arise that require joint investigative efforts, resources, crime related 

reports and exchanges of information, as deemed necessary. There is no written 

memorandum of understanding between GWPD and MPD.

c. Policies which encourage accurate and prompt 

reporting of all crimes to the campus police and 

the appropriate law enforcement agencies.

What does this mean? 

You must have a policy that encourages people to report 

all crimes in an accurate and timely manner to the campus 

police, if you have a campus police department, and to law 

enforcement agencies for your institution’s jurisdiction. If your 

institution does not have campus police, you must state this. 

Figure 24. Sample Policy Statement Addressing the Encouragement of Accurate 

and Prompt Crime Reporting

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 

X-XXXX or, from outside the University phone system, XXX-XXX-XXXX. To report a 

non-emergency security or public safety related matter, call UPD at extension X-XXXX

or, from outside the University phone system, XXX-XXX-XXXX. 

To report a crime or emergency on the Mount Vernon-campus, call UPD at X-XXXX

or, from outside the University phone system, XXX-XXX-XXXX. To report a nonemergency security or public safety related matter call UPD at X-XXXX or, from 

outside the phone system, XXX-XXX-XXXX. 
Chapter 7. Policy Statements: Disclosing What You Do and How You Do It

130 The Handbook for Campus Safety and Security Reporting

Figure 24. Sample Policy Statement Addressing the Encouragement of Accurate and 

Prompt Crime Reporting (Continued) 

If a crime or emergency occurs in the Hospital, call Hospital Security at XXX-XXX-XXXX. 

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. 

d. A description of procedures, if any, that 

encourage pastoral counselors and professional 

counselors, if and when they deem it appropriate, 

to inform the persons they are counseling of any 

procedures to report crimes on a voluntary, 

confidential basis for inclusion in the annual 

disclosure of crime statistics. 

What does this mean? 

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 includes verbal or written encouragement. If your 

institution does not have these procedures, state this. 
Chapter 7. Policy Statements: Disclosing What You Do and How You Do It

The Handbook for Campus Safety and Security Reporting 131

Note that this policy differs from the policy statement 

under 1c regarding reporting all crimes. That statement does 

not specifically address pastoral and professional counselors. 

Figure 25. Sample Policy Statement Addressing Counselors and Confidential 

Crime Reporting (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.

Figure 26. Sample Policy Statement Addressing Counselors and Confidential 

Crime Reporting (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. 
Chapter 7. Policy Statements: Disclosing What You Do and How You Do It

132 The Handbook for Campus Safety and Security Reporting

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). 

Figure 27. Sample Policy Statement Addressing Security Awareness Programs for 

Students and Employees

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. 
Chapter 7. Policy Statements: Disclosing What You Do and How You Do It

The Handbook for Campus Safety and Security Reporting 133

5. Provide a description of programs designed to 

inform students and employees about the prevention of 

crimes. 

What does this mean? 

This statement specifically addresses all programs 

designed to inform students and employees about crime 

prevention. You must describe the programs, not just list the 

titles. If there are programs specifically targeted to students and 

others targeted to employees, state this. If you do not have any 

programs of this nature, provide a statement disclosing this 

fact.

Figure 28. Sample Policy Statement Addressing Crime Prevention Programs for 

Students and Employees

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.
Chapter 7. Policy Statements: Disclosing What You Do and How You Do It

134 The Handbook for Campus Safety and Security Reporting

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 offcampus housing facilities. 

What does this mean? 

This statement addresses whether or not your institution 

uses local police to monitor and document criminal activity by 

your students at off-campus locations of student 

organizations. This includes student organizations that have 

off-campus housing facilities. Note that this concerns only 

those student organizations that are officially recognized by 

your institution. If you do not have any officially recognized 

student organizations with off-campus locations you must 

disclose this.

Figure 29. 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.
Chapter 7. Policy Statements: Disclosing What You Do and How You Do It

The Handbook for Campus Safety and Security Reporting 135

Figure 30. 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?

There are two parts to this statement. The first part 

addresses your policy concerning the possession, use and sale 

of alcohol. The second part addresses your policy on the 

enforcement of state laws relating to underage drinking. 

Figure 31. Sample Policy Statement Addressing 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 oncampus 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.
Chapter 7. Policy Statements: Disclosing What You Do and How You Do It

136 The Handbook for Campus Safety and Security Reporting

8. Provide a statement of policy regarding the 

possession, use and sale of illegal drugs and enforcement of 

federal and state drug laws. 

What does this mean? 

There are two parts to this statement. The first part 

addresses your policy concerning the possession, use and sale 

of illegal drugs. The second part addresses your policy for the 

enforcement of federal and state drug laws.

Figure 32. Sample Policy Statement Addressing Illegal Drug Possession 

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 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 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 cross-reference the materials your institution uses 

to comply with HEA. This is the only policy statement in the 

annual security report for which you can cross-reference 

materials. Note that Section 120 was amended by HEOA, 

Section 107. The text for Section 120(a)–(d) is in Appendix D 

of this handbook. 
Chapter 7. Policy Statements: Disclosing What You Do and How You Do It

The Handbook for Campus Safety and Security Reporting 137

Figure 33. Sample Policy Statement Addressing Substance Abuse Education

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. 
Chapter 7. Policy Statements: Disclosing What You Do and How You Do It

138 The Handbook for Campus Safety and Security Reporting

Disciplinary proceeding 

results for violent crime or 

non-forcible sex offense 

citation

HEOA Sec. 493(a)(1)(A)

10. Provide a statement that the institution will, upon 

written request, disclose to the alleged victim of a crime of 

violence (as that term is defined in section 16 of title 18, 

United States Code), or a non-forcible sex offense, the 

report on the results of any disciplinary proceeding 

conducted by such institution against a student who is the 

alleged perpetrator of such crime or offense. If the alleged 

victim is deceased as a result of such crime or offense, the 

next of kin of such victim shall be treated as the alleged 

victim for purposes of this paragraph.4

 

4 The 2008 HEOA added this procedure to the Program Participation Agreement requirements. 

It applies to any applicable disciplinary proceeding that your institution conducted on or after 

Aug. 14, 2009. (See Appendix A-4 for more information about this requirement.)

What does this mean? 

This statement addresses disclosure procedures for a 

student disciplinary proceeding for any violent crime or nonforcible sex offense. You must disclose results upon written 

request to a victim’s next of kin in cases where the crime 

resulted in the victim’s death.

Figure 34. Sample Policy Statement Addressing Disclosures to Alleged Victims of 

Crimes of Violence or Non-forcible Sex Offenses

Rockville College will, upon written request, disclose to the alleged victim of a crime of 

violence, or a non-forcible sex offense, the results of any disciplinary hearing conducted by 

the college against the student who is the alleged perpetrator of the crime or offense. If the 

alleged victim is deceased as a result of the crime or offense, Rockville College will 

provide the results of the disciplinary hearing to the victim’s next of kin, if so requested. 

11. Provide a statement of policy regarding your 

institution’s emergency response and evacuation 

procedures. 

This statement of policy is multi-faceted and requires the 

disclosure of a number of procedures. “Emergency Response 

and Evacuation procedures” in Chapter 6 discusses this 

requirement in detail.

Additional policy statement for institutions with oncampus student housing facilities:

If your institution has any on-campus student housing 

facilities as described in “Definition of an On-campus Student 

Housing Facility” in Chapter 2, you must include an additional 
Chapter 7. Policy Statements: Disclosing What You Do and How You Do It

The Handbook for Campus Safety and Security Reporting 139

policy statement in your annual security report that addresses 

missing student notification. This policy statement is

explained in detail in Chapter 10. If your institution has 

multiple campuses, this policy statement applies only to 

those campuses that have on-campus student housing 

facilities.
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The Handbook for Campus Safety and Security Reporting 141

Policy Statements: 

Sex Offenses and Offenders

CHAPTER 8

As mentioned in Chapter 7, the Clery Act requires you to 

include statements of policy in your annual security report that 

address sex offenses and access to information on registered 

sex offenders in the campus community. For the most part, you 

have discretion in your statement wording and how the policies 

and procedures are put into practice; however, there are some 

obligatory parts. This chapter breaks down the statement’s 

components and indicates where specific procedures are 

mandatory and where you have flexibility. As always, your 

policy statement must accurately reflect what your institution 

currently does to prevent sex offenses and the procedures it 

follows when a sex offense or alleged sex offense occurs. 

Sex offense policy 

statement citation

34 CFR 668.46(b)(11)

Sex Offense Policy, Procedures and 

Programs

The FBI’s National Incident-Based Reporting System 

(NIBRS) edition of the UCR defines a sex offense 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 “Sex 

offenses” in Chapter 3 for information on classifying and 

counting sex offenses.) 

With this definition in mind, your statement must address 

your 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. 

What does this mean? 

This part of your statement addresses programs you have 

that are intended to educate people about preventing sex 

offenses. Such programs are required by Section 485(f) of 

Your policy 

statement must 

accurately reflect 

what your 

institution 

currently does to 

prevent sex 

offenses and the 

procedures it 

follows when a 

sex offense or 

alleged sex 

offense occurs.
Chapter 8. Policy Statements: Sex Offenses and Offenders

142 The Handbook for Campus Safety and Security Reporting

HEA. We encourage your institution to contract with experts in 

the area of sex offense education to help determine the content 

of such programs and to provide training to students and 

employees. Experts in this field include rape crisis intervention 

specialists, local law enforcement officials and social services 

personnel. 

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.

What does this mean? 

This part of your statement addresses what students 

should do in the case of a sex offense. “Who should be 

contacted” refers to any person or organization that can assist 

the victim, such as a rape crisis counselor. Although you must 

have procedures concerning who should be contacted, it is up 

to your institution to decide who those people or organizations 

are. Next you must include information about the importance 

of preserving evidence. Again, we encourage you to consult 

law enforcement about the specific information to provide. The 

last part of this component tells students to whom they should 

report a sex offense, for example, your campus police or a local 

law enforcement agency. Provide the appropriate contact 

information. 

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. 
Chapter 8. Policy Statements: Sex Offenses and Offenders

The Handbook for Campus Safety and Security Reporting 143

What does this mean? 

You must let students know that they have the option to 

notify law enforcement authorities about the offense. Provide 

specific contact information. Tell them what is involved in 

making a police report. The statement that your institution will 

comply with a student’s request for assistance in notifying 

authorities is mandatory. 

d. Notification to students of existing on- and offcampus counseling, mental health or other student 

services for victims of sex offenses. 

What does this mean? 

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 off-campus 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. 

What does this mean?

State that your institution is obligated to comply with a 

student’s request for a living and/or academic situation change 

following an alleged sex offense. Identify all of the available 

options. 

Note that this requirement allows your institution 

flexibility in terms of what is reasonable. For example, your 

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
Chapter 8. Policy Statements: Sex Offenses and Offenders

144 The Handbook for Campus Safety and Security Reporting

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. 

What does this mean? 

In this statement you must disclose your institution’s 

procedures for campus disciplinary action for alleged sex 

offenses.5

 

5 The 2008 HEOA added a related requirement concerning disciplinary hearing disclosures to 

alleged victims of crimes of violence or non-forcible sex offenses. Please see Chapter 7, 

“Categories of Campus Security Policies That Must Be Addressed in the Annual Security 

Report,” statement no. 10, for this important information.

 In addition to your institution-specific procedures, 

you must include items (i) and (ii). You are required to follow 

these procedures regardless of where the alleged sex offense 

occurred (i.e., on or off your institution’s Clery geography). 

This is an unconditional disclosure; a victim cannot be required 

to sign a nondisclosure agreement or to otherwise agree to a 

prohibition from discussing the case. Notification of the final 

results to both the victim and the accused should be made in 

the same manner and the same time frame.

g. Sanctions the institution may impose following a 

final determination of an institutional disciplinary 

proceeding regarding rape, acquaintance rape or 

other forcible or non-forcible sex offenses. 

What does this mean? 

List all of the sanctions that may be imposed following a 

sex offense-related disciplinary proceeding. Do not simply 

state that sanctions may be imposed.
Chapter 8. Policy Statements: Sex Offenses and Offenders

The Handbook for Campus Safety and Security Reporting 145

Figure 35. Sample Policy Statement Addressing Preventing and Responding to Sex 

Offenses

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 8. Policy Statements: Sex Offenses and Offenders

146 The Handbook for Campus Safety and Security Reporting

Advising the Campus Community 

About Sex Offenders Sex offender registration 

information citation

34 CFR 668.46(b)(12)

Your institution must provide a statement advising the 

campus community where law enforcement agency 

information provided by a state concerning registered sex 

offenders may be obtained, such as the law enforcement 

office of the institution, a local law enforcement agency 

with jurisdiction for the campus or a computer network 

address. 

What does this mean? 

Upon release from prison, individuals convicted of sex 

crimes may be required 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 also must provide this 

information to the state. The state then provides the 

information to campus police departments or to other law 

enforcement authorities in the jurisdiction where the institution 

is located.

Your institution is not required to request this 

information from the state; rather, the state must provide this 

information to the campus police department or other law 

enforcement authorities in your school’s jurisdiction. In turn, 

your institution is required to advise the campus 

community how to access this information. The law doesn’t, 

however, require you to disseminate additional information 

about the offenders. You are responsible for notifying the 

campus community if there is a change in how the data can be 

obtained. For example, if you were directing people to a local 

law enforcement agency for information and the agency tells 

you that they are now using a website to maintain the data, you 

must then provide the URL for the site to the campus 

community.

How FERPA Affects This Policy FERPA guidance on 

disclosing information about 

registered sex offenders 

citation

20 U.S.C. 1232g(b)(7)

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. You also have authority to 

disclose information about registered sex offenders that may 

otherwise become available to your institution through the 
Chapter 8. Policy Statements: Sex Offenses and Offenders

The Handbook for Campus Safety and Security Reporting 147

operation of state sex offender registration and community 

notification programs. State laws, however, could limit 

disclosure of such information. We advise you to contact your

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 agency with this 

information, include a statement to this effect in your annual 

security report. However, you would be required to advise the 

campus community about obtaining registered sex offender 

information should the state provide it at a future date. 

Figure 36. Sample Policy Statement Addressing Sex Offender Registration 

(For Institutions Maintaining a List of Registered Sex Offenders On-Site)

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 at, 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 [in] 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 8. Policy Statements: Sex Offenses and Offenders

148 The Handbook for Campus Safety and Security Reporting

Figure 37. 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
The Handbook for Campus Safety and Security Reporting 149

The Annual Security 

Report: Publishing Policy

Statements and Crime Statistics

CHAPTER 9

You have a lot of information and may be wondering, “Now 

what do I do with this?” This chapter walks you through the 

steps necessary to comply with the regulations concerning the 

publication and distribution of your Clery-mandated annual 

security report.

Specifically, you must: 

• Publish the report by the deadline; 

• Include the required policy statements; 

• Include three year’s worth of Clery crime statistics;

• Determine who gets the report; 

• Distribute the report; and

• Retain records associated with the report. 

When is the deadline? You must publish and 

distribute your annual security report by Oct. 1 each year. 

This is a firm deadline. There is no grace period and there are 

no exemptions. Every postsecondary institution that 

participates in any Title IV federal student financial assistance 

program must publish an annual security report. 

Annual security report 

requirement citation

34 CFR 668.41(e)

What should the publication look like? Whether you 

produce the report as a separate publication or as part of 

another publication, it must be contained within a single 

document. You cannot publish it in sections or multiple 

volumes. If you post the report on your institution’s website, 

clearly identify it as a single, separate part of the site. You may 

include the report in a publication such as a campus directory 

that is given to all students and employees, provided the report 

appears in its entirety within that publication. You don’t have 

to provide the report to both students and employees in the 

same publication, however. 
Chapter 9. The Annual Security Report: Publishing Policy Statements and Crime Statistics

150 The Handbook for Campus Safety and Security Reporting

If your institution has multiple campuses remember that 

Clery Act requirements must be met individually for each 

separate campus. (See bullet no. 6 under “Other On-campus 

Considerations” in Chapter 2 for more information on separate 

campuses.) You may publish a single document covering all 

campuses as long as you clearly identify the policy statements 

and crime statistics that are associated with each campus.

Presenting Your Policy Statements in 

the Annual Security Report

As you compile the section on policy statements, keep 

the focus of the requirement in mind: disclosure of the 

procedures, practices and programs your institution uses to 

keep students and employees safe and its facilities secure. 

Present your statements in an accurate, concise, readable and 

organized manner. 

The required policy statements are discussed in detail in 

Chapters 7 and 8. They may precede or follow the crime 

statistics in your report. 

Presenting General Crime Statistics and 

Arrest and Disciplinary Referral 

Statistics 

Present all statistics other than those for hate crimes in a 

tabular format. You may use a single table or multiple tables. 

Use clear and consistent labeling to make the information 

presented easy to read. Include caveats as necessary to explain

the data in the table. For example, if your institution housed 

students in an on-campus dormitory for the first time last year, 

it would be helpful to provide a caveat explaining why crime 

statistics for the “on-campus student housing facilities” 

category were included for only the most recent year. If you are 

including non-Clery statistics in your annual security report 

(i.e., non-Clery crimes and/or crimes that occurred outside of 

your Clery geographic locations), present those statistics in a 

separate table or in a caveat.

Use the following guidelines when presenting your crime 

statistics. (See Chapter 3 for information on categorizing and 

counting crimes.) 

Disclosure of policy 

statements in annual 

security report citation

34 CFR 668.46(b)(2)–(14)

Disclosure of crime statistics 

in annual security report 

citation

34 CFR 668.46(b)(1)
Chapter 9. The Annual Security Report: Publishing Policy Statements and Crime Statistics

The Handbook for Campus Safety and Security Reporting 151

• Year reported. Include statistics for the three most 

recent calendar years. Enter statistics for each year 

separately. For example, for your 2011 report, enter 

statistics separately for 2008, 2009 and 2010. 

• Geographic category. Include categories for all 

required geographic locations (on-campus, public 

property and noncampus) that pertain to your 

institution. If your institution has on-campus student 

housing facilities include that category as well. 

Remember that statistics for on-campus student 

housing facilities should be combined with oncampus statistics and also disclosed separately in the 

on-campus student housing facility category. If your 

institution does not have any on-campus student 

housing facilities or any noncampus buildings or 

property, include a caveat stating this. 

• Crime category. Include all required crime 

categories and list each one separately as shown in 

the sample table on the next page.

Although it is not required, you may provide a more 

detailed breakout of offenses. For example, Forcible 

Sex Offenses may be subcategorized as Forcible 

Rape, Forcible Sodomy, Sexual Assault with an 

Object and Forcible Fondling.

• Categories with no crimes. Do not leave any cells 

blank even if you have no crimes to disclose for a 

particular category. Zero (0) is a statistic; enter a zero 

whenever there are no reported crimes to disclose in a 

particular table cell.

• Required sources. Include all Clery crimes reported 

to campus police or security (if applicable), other 

campus security authorities and local law 

enforcement agencies (if the agencies 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 law enforcement agencies in 

another column. 

A sample table follows; however, there is no prescribed 

format for how your table or tables should look. 
Chapter 9. The Annual Security Report: Publishing Policy Statements and Crime Statistics

152 The Handbook for Campus Safety and Security Reporting

Figure 38. Sample Crime Statistics Reporting Table

OFFENSE YEAR

ONCAMPUS 

PROPERTY

ON-CAMPUS 

STUDENT 

HOUSING 

FACILITIES

NONCAMPUS 

PROPERTY

PUBLIC 

PROPERTY

MURDER / NON-NEGLIGENT MANSLAUGHTER

NEGLIGENT MANSLAUGHTER

SEX OFFENSES, FORCIBLE

SEX OFFENSES, NON-FORCIBLE

ROBBERY

AGGRAVATED ASSAULT

BURGLARY

MOTOR VEHICLE THEFT

ARSON

ARRESTS:

WEAPONS: CARRYING, POSSESSING, ETC.

DISCIPLINARY REFERRALS:

WEAPONS: CARRYING, POSSESSING, ETC.

ARRESTS:

DRUG ABUSE VIOLATIONS

DISCIPLINARY REFERRALS:

DRUG ABUSE VIOLATIONS

ARRESTS:

LIQUOR LAW VIOLATIONS

DISCIPLINARY REFERRALS: 

LIQUOR LAW VIOLATIONS
Chapter 9. The Annual Security Report: Publishing Policy Statements and Crime Statistics

The Handbook for Campus Safety and Security Reporting 153

Presenting Hate Crime Statistics in the 

Annual Security Report 

You may present hate crime data in either a tabular 

format or in a narrative or descriptive format. Either way, 

use the following bulleted guidelines when presenting the 

statistics. (See Chapter 3 for information on categorizing and 

counting hate crimes.) 

• Year. Disclose statistics for the three most recent 

calendar years.

• Geographic category. Disclose statistics by 

geographic location. (For more information on 

geographic locations, see Chapter 2.) 

• Crime category. Include all Clery Act offenses that 

are classified as hate crimes as well as incidents of 

larceny-theft, simple assault, intimidation and 

destruction/damage/vandalism of property that are 

classified as hate crimes. For Clery reporting 

purposes negligent manslaughter, arrests and referrals 

for disciplinary action for weapons: carrying, 

possessing, etc., drug abuse violations or liquor law 

violations should not be categorized as Hate Crimes.

(For more information on crime categories, see 

Chapter 3.) 

• Bias category. Include the category of bias for each 

hate crime. (For more information on categories of 

bias, see “Hate Crimes” in Chapter 3.)

Figure 39. Examples of Descriptive Hate Crime Reporting

Example 1: Hate Crimes

2010: One on-campus intimidation incident characterized by religious bias.

2009: One noncampus robbery characterized by ethnicity/national origin bias, and one 

public property aggravated assault characterized by sexual orientation bias.

2008: No hate crimes reported.

Example 2: Hate Crimes

There were no reported hate crimes for the years 2008, 2009 or 2010.
Chapter 9. The Annual Security Report: Publishing Policy Statements and Crime Statistics

154 The Handbook for Campus Safety and Security Reporting

Distributing the Annual Security Report 

Who gets the annual security report? You must 

distribute the report to all currently enrolled students 

(including those attending less than full time and those not 

enrolled in Title IV programs or courses) and all employees by 

Oct. 1 each year. You also must provide the report to any 

prospective student or prospective employee upon request. A 

prospective student is defined as an individual who has 

contacted an eligible institution requesting information about 

admission to that institution. A prospective employee is 

defined as an individual who has contacted an eligible 

institution requesting information concerning employment with 

that institution. 

If you have students who are enrolled in your institution 

but are currently only taking courses at another school, you are 

still required to provide them with your annual security report. 

How should the report be distributed? You must 

distribute the report to all enrolled students and current 

employees in one of two ways: 

1. Directly by publications and mailings. You may 

accomplish this by giving a copy of your annual 

security report directly to each individual or by 

direct mailing the report to each individual 

through: 

• The United States Postal Service;

• Campus mail;

• E-mail; or

• A combination of these methods. 

2. Posting the annual security report on an Internet 

or intranet website that is reasonably accessible to 

enrolled students and to current employees. You 

may use this method only if you distribute an 

individual notice about the annual security report to 

each student and employee by Oct. 1. Do not bury the 

notice in another document where a student or 

employee may be unlikely to read it. The notice 

should include: 

• A statement of the report’s availability.
Chapter 9. The Annual Security Report: Publishing Policy Statements and Crime Statistics

The Handbook for Campus Safety and Security Reporting 155

• A list and brief description of the information 

contained in the report. 

• The exact address (URL) of the Internet or 

intranet website at which the report is posted. 

This means that you must provide a direct link to 

the annual security report. It is not acceptable 

simply to give the URL for the institution’s 

website. 

 This does not mean that all of your Clery Actrelated items must be located at this URL. You 

may provide links from this URL to such items as 

your crime log, additional annual security reports 

for your separate campuses, etc.

• A statement that the school will provide a paper 

copy of the annual security report upon request. 

This request does not have to be made in writing. 

You may not charge fees to individuals for copies 

of the annual security report, nor can you include 

the annual security report in any publication for 

which you charge a fee. 

Figure 40. Sample Notice of Annual Security Report Availability

(Name of institution’s) annual security report is now available. This report is required by 

federal law and contains policy statements and crime statistics for the school. The policy 

statements address the school’s policies, procedures and programs concerning safety and 

security, for example, policies for responding to emergency situations and sexual 

offenses. Three years’ worth of statistics are included for certain types of crimes that 

were reported to have occurred on campus, in or on off-campus buildings or property 

owned or controlled by the school and on public property within or immediately 

adjacent to the campus. This report is available online at (web URL). You may also 

request a paper copy from the (name of office). 

Important note for institutions with on-campus student 

housing facilities: 

If your institution has any on-campus student housing 

facilities you must also publish an annual fire safety report as 

described in Chapter 14. You may publish both reports together 

as long as the title of the document clearly states that it 

contains both the annual security report and the annual fire 

safety report. If you choose to publish the two reports 

separately, you must include information in each of the two 

reports about how to directly access the other report. Do not 

simply state that the other report is available.
Chapter 9. The Annual Security Report: Publishing Policy Statements and Crime Statistics

156 The Handbook for Campus Safety and Security Reporting

Figure 41. Sample Notice of Combined Annual Security Report and Annual Fire 

Safety Report Availability

GW is committed to assisting all members of the GW community in providing for their 

own safety and security. The annual security and fire safety compliance document is 

available on the UPD website at http://gwired.gwu.edu/upd/compliance. 

If you would like to receive the combined Annual Security and Fire Safety Report which 

contains this information, you can stop by the University Police Department at 2033 G. 

Street, NW, Woodhull House, Washington, DC, 20052 or you can request that a copy be 

mailed to you by calling (XXX) XXX-XXXX.

The website and booklet contain information regarding campus security and personal 

safety including topics such as: crime prevention, fire safety, university police law 

enforcement authority, crime reporting policies, disciplinary procedures and other matters 

of importance related to security and safety on campus. They also contain information 

about crime statistics for the three previous calendar years concerning reported crimes that 

occurred on campus; in certain off-campus buildings or property owned or controlled by 

GW; and on public property within, or immediately adjacent to and accessible from the 

campus.

This information is required by law and is provided by The George Washington University 

Police Department.

Providing the Annual Security Report to 

Prospective Students and Employees 

As stated previously, you must also make the report 

available to prospective students and employees. Do this by 

providing prospective students and prospective employees with 

a notice containing:

• A statement of the report’s availability; 

• A description of its contents; 

• The opportunity to request a copy. 

You may provide this notice to prospective students and 

prospective employees along with other information your 

institution provides to them. If your institution solicits 

applications for a faculty or an adminstrative position through 

an advertisement, the institution is required to provide a notice 

of the availability of the annual security report to those 

individuals it interviews. However, you are not required to 

include notification in the job advertisement, nor are you 

required to notify an individual to whom you simply sent a 
Chapter 9. The Annual Security Report: Publishing Policy Statements and Crime Statistics

The Handbook for Campus Safety and Security Reporting 157

rejection letter based on his or her unsolicited employment 

application. 

If you choose to provide your annual security report to 

prospective students and prospective employees by posting the 

report on an Internet site, the notice provided to each individual 

must include: 

• The exact URL where the report is posted;

• A brief description of the report; and 

• A statement that the institution will provide a paper 

copy of the report upon request. 

Note that you may not use an intranet site to make 

disclosures to prospective students and employees. 

Retaining Records 

Be sure to retain the annual security report and all 

supporting records used in compiling the report for three years 

from the latest publication of the report to which they apply. 

For example, the 2011 annual security report should contain 

statistics for 2008, 2009 and 2010. The 2008 statistics and 

supporting records must be kept until Oct. 1, 2014—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 and emergency 

notification reports; documentation, such as letters to and from 

local police having to do with Clery Act compliance; letters to 

and from campus security authorities; correspondence with us 

regarding Clery Act compliance; and copies of notices to 

students and employees about the availability of the annual 

security report. Make sure to date all documentation, and keep 

it easily retrievable. If you scan paper documents for archival 

purposes, be sure to scan complete records. We suggest that 

you have more than one person at your school who knows 

where the documentation is kept. 

Submitting Crime Statistics to ED 

Although you are not required to send us your annual 

security report, you must send us the crime statistics from the 

report. In late summer we conduct the annual Campus Safety 
Chapter 9. The Annual Security Report: Publishing Policy Statements and Crime Statistics

158 The Handbook for Campus Safety and Security Reporting

and Security Survey. This Web-based survey is used to collect 

the statistical data from your annual security report and your 

annual fire safety report (if your institution has any on-campus 

student housing facilities).6

 

6 The HEA requirement to collect statistics for fires in on-campus student housing facilities 

went into effect on Aug. 14, 2008. The 2010 data collection is the first data collection to 

which this requirement applied.

 The data are then posted on our 

public website for use by higher education consumers. The site 

is located at http://www.ope.ed.gov/security. 

Each year a few weeks prior to the collection, we send a 

letter and a registration certificate to your institution’s chief 

executive officer. The letter explains this important Clery Act

requirement. The certificate contains the following information 

necessary to access the survey and enter data: 

• Institution’s User ID—Typically, this ID consists of 

an uppercase letter plus an eight-digit number. For 

example: C21370001. We issue a new User ID every 

year.

• Institution’s Password—The password is a 

combination of nine letters, numbers and symbols. 

For example: Ab3y22*Z4. We issue a new password 

every year.

• Survey address—https://surveys.ope.ed.gov/security. 

• Campus Safety and Security Help Desk telephone 

number—(800) 435–5985. 

• Campus Safety and Security Help Desk e-mail 

address—campussafetyhelp@westat.com.

• Data collection dates—Aug. __ to Oct. __ 20__. 

Detailed step-by-step screen instructions for the survey 

are provided in the User’s Guide for the Campus Safety and 

Security Data Collection. The user’s guide is located online at 

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

Note that if your institution became Title IV eligible 

after Jan. 31, your institution is exempt from participating in 

the Web-based data collection (i.e., the Campus Safety and 

Security Survey) for a specified period of time. The regulations 

require you to disclose crime and fire statistics each year for 

the previous three years.7

7 Only schools that have on-campus student housing facilities must disclose fire statistics.

 However, if for example, your 

institution became Title IV eligible in July 2009, you would 
Chapter 9. The Annual Security Report: Publishing Policy Statements and Crime Statistics

The Handbook for Campus Safety and Security Reporting 159

not have collected any HEA crime and fire statistics prior to 

that date. Because the online survey collects statistics for an 

entire calendar year, your institution would not participate in 

the survey until you had an entire year of statistics. In this case, 

you would participate in the 2011 survey for the collection of 

2010 statistics. This exemption applies only to the online data 

collection.
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The Handbook for Campus Safety and Security Reporting 161

Missing Students: 

The Twenty-four Hour Rule

CHAPTER 10

If your institution has any on-campus student housing 

facilities, you are required to comply with HEA missing student 

notification regulations. (Please see “Definition of an Oncampus Student Housing Facility” in Chapter 2.) HEA missing 

student regulations apply only to students who reside in oncampus housing. They do not address students living in any 

noncampus student housing your institution might own or 

control. If you have multiple campuses, only those that have 

on-campus student housing facilities must comply with these 

regulations. If your institution has any foreign campuses with 

on-campus student housing facilities, those campuses also must 

comply with HEA missing student notification regulations.

Note that these regulations do not apply to students who 

normally live in your on-campus student housing, but who are 

temporarily residing off campus in study abroad programs.

Missing student notification 

policy disclosure citation

34 CFR 668.46(b)(14)

What you must do is: 

• Issue a policy statement that addresses missing 

student notification for students residing in oncampus student housing, and 

• Include procedures that your institution will follow if 

any of those students is determined to be missing for 

24 hours. 

The essence of the requirement is that if a student who 

lives in on-campus student housing is determined to have been 

missing for 24 hours, you have only 24 hours after receiving 

the report in which to initiate specific notification procedures. 

This requirement does not preclude your institution from 

making a determination that a student is missing before the 

student has been missing for a full 24 hours, or from 

initiating notification procedures as soon as it determines 

that the student is missing. In other words, you must initiate 

HEA-related procedures if a student has been determined to be 

missing for 24 hours; however, you may act sooner. 

Include your policy and procedures statement in your 

institution’s annual security report. You can include it with 
Chapter10. Missing Students: The Twenty-four Hour Rule

162 The Handbook for Campus Safety and Security Reporting

your institution’s other campus security policy statements, in 

any order that you choose. Make sure that you clearly state that 

this policy focuses on students residing in on-campus student 

housing. If your institution has a policy that applies to all 

missing students regardless of whether they live on campus or 

off campus, you may issue a single missing student policy 

statement providing it fully and clearly addresses each of the 

required HEA components for students living in on-campus 

housing. 

Requirements for missing Policy Statement 

student notification policy 

statement citation

34 CFR 668.46(h) 

Your missing student policy statement must:

1. Indicate a list of titles of the persons or 

organizations to which students, employees or 

other individuals should report that a student has 

been missing for 24 hours. 

What does this mean? 

You must provide a list of individuals or organizations 

that people should contact if they have reason to believe a 

student who lives in on-campus student housing has been 

missing from campus for 24 hours. Use complete titles, such as 

“Dean of Housing” rather than “the Dean,” and “City of 

Rockville Police Department” rather than “the police.” Include 

contact information for each listing. 

2. Require that any missing student report must be 

referred immediately to the institution's police or 

campus security department, or, in the absence of 

an institutional police or campus security 

department, to the local law enforcement agency 

that has jurisdiction in the area. 

What does this mean? 

This component addresses what your institution is 

obligated to do when a missing student report is received. 

Missing student reports include reports made by anyone, even 

individuals not affiliated with your school. 

If your institution has a campus police or security 

department, your policy must state that anyone receiving a 

missing student report should immediately bring it to that

department’s attention. If your institution does not have a 
Chapter10. Missing Students: The Twenty-four Hour Rule

The Handbook for Campus Safety and Security Reporting 163

campus police or security department, the report should 

immediately be brought to the attention of the local law 

enforcement agency that has jurisdiction in your area. Include 

contact information for that agency. (For help in determining 

the law enforcement agency or agencies that have jurisdiction 

in your area, see “How Do You Obtain Statistics From Local 

Law Enforcement?” in Chapter 4.) Every report must be 

forwarded to the appropriate entity regardless of how long the 

student is believed to have been missing.

3. Contain an option for each student to identify a 

contact person or persons whom the institution 

shall notify within 24 hours of the determination 

that the student is missing, if the student has been 

determined missing by the institutional police or 

campus security department, or the local law 

enforcement agency. 

What does this mean? 

This component addresses your institution’s obligation to 

advise every student who lives in on-campus student housing,

regardless of age, that he or she may register one or more 

individuals to be a contact strictly for missing persons 

purposes. The contact person can be anyone. You must give 

students this option even if they have already identified a 

general emergency contact. A student may identify the same 

individual for both purposes, but your institution may not 

assume that a general emergency contact is also the missing 

person contact. Offer students this option annually regardless 

of whether they chose to register a contact the previous year. If 

any students move into on-campus student housing mid-year, 

you must give them the option to name a contact person as 

well. Include information about how to register a contact or 

contacts.
Chapter10. Missing Students: The Twenty-four Hour Rule

164 The Handbook for Campus Safety and Security Reporting

4. Advise students that their contact information 

will be registered confidentially, that this 

information will be accessible only to authorized 

campus officials, and that it may not be disclosed, 

except to law enforcement personnel in 

furtherance of a missing person investigation. 

What does this mean? 

This component addresses how a student’s contact 

person information will be maintained and who is allowed 

access to it. Inform students that the information will be kept 

confidential. To protect confidentiality, general emergency 

contact information and missing student contact information 

must be kept separate, even if the student has registered the 

same person for both purposes. Because HEA requires the 

information to be kept confidential, it has greater privacy 

protections than the Family Educational Rights and Privacy 

Act (FERPA) provides. 

State that contact information may be accessed only by 

authorized campus officials. Although your policy statement 

does not have to contain the names or titles of the authorized 

officials, you should document this information for your

records. Those officials may disclose the contact information 

only to law enforcement officials and only for the purpose of a 

missing student investigation. In issuing this policy statement, 

you are letting students know that if they register a contact 

person, they are, in effect, also providing permission for law 

enforcement personnel to contact the identified individual for 

the purpose of a missing student investigation.

5. Advise students that if they are under 18 years of 

age and not emancipated, the institution must 

notify a custodial parent or guardian within 24 

hours of the determination that the student is 

missing, in addition to notifying any additional 

contact person designated by the student.

What does this mean? 

This part of your statement addresses students who are 

under the age of 18 and are not emancipated, that is, not legally 

independent of their parents. State that if it has been 

determined that such a student has been missing for 24 hours, 

the institution will notify both the student’s custodial parent or 

guardian and the student’s contact person, if he or she has 

registered one, that the student is missing. 

To protect 

confidentiality, 

general emergency 

contact information 

and missing 

student contact 

information must 

be kept separate, 

even if the student 

has registered the 

same person for 

both purposes.
Chapter10. Missing Students: The Twenty-four Hour Rule

The Handbook for Campus Safety and Security Reporting 165

6. Advise students that the institution will notify the 

local law enforcement agency within 24 hours of 

the determination that the student is missing, 

unless the local law enforcement agency was the 

entity that made the determination that the 

student is missing. 

What does this mean? 

Include a statement that once a determination has been 

made that a student living in on-campus student housing is 

missing, your institution will notify local law enforcement of 

the situation within 24 hours. The only exception is when it 

was the law enforcement agency that made the determination. 

This statement addresses any missing student who lives in oncampus student housing regardless of age or status, and 

regardless of whether he or she registered a confidential 

contact person. 

Procedures 

Your institution’s missing student notification procedures 

must go into effect within 24 hours of the determination that a 

student who lives in on-campus student housing has been 

missing for 24 hours. Again, this doesn’t preclude initiating 

notification procedures as soon as your institution determines 

that a student is missing.

Your policy statement must include the procedures that 

will be followed in the case of a missing student report. In 

addition to any other steps your institution might take, you 

must include the following: 

1. If the student has designated a contact person, 

notifying that contact person within 24 hours that 

the student is missing. 

What does this mean? 

State that if a student has registered a contact person, the 

institution will notify him or her no later than 24 hours after it’s 

been officially determined that the student is missing. This 

does not have to be an in-person contact. If a student identifies 

multiple contacts, they can be contacted in an order determined 

by the institution. If a student registers multiple contact persons 

and the first person contacted confirms that the student is not 

missing, the institution must contact each additional contact 

person in turn, unless the student in question is contacted by 

Your institution’s 

missing student 

notification 

procedures must 

go into effect within 

24 hours of the 

determination that 

a student who lives 

in on-campus 

student housing 

has been missing 

for 24 hours. 
Chapter10. Missing Students: The Twenty-four Hour Rule

166 The Handbook for Campus Safety and Security Reporting

the institution or contacts the institution. If your institution is 

unsuccessful in contacting the named individual or individuals, 

document your attempts. 

The official determination that the student is missing can 

be made at any time by the campus police or security 

department (if the campus has one) or by the local law 

enforcement agency that has jurisdiction where the campus is 

located. For example, suppose a student goes to your campus 

security office at 10:00 on a Monday morning and reports that 

a student living in her dorm left the campus at 9:00 p.m. 

Sunday evening and didn’t return for her Monday 8:00 a.m. 

class. The student has been missing for 11 hours. Campus 

security investigates and comes to the conclusion at 11:15 a.m. 

that the student is missing. If the missing student has identified 

a confidential contact, campus security has 24 hours (i.e., until 

11:15 Tuesday morning) to notify that contact person. 

2. If the student is under 18 years of age and is not 

emancipated, notifying the student's custodial 

parent or guardian and any other designated 

contact person within 24 hours that the student is 

missing. 

What does this mean? 

These procedures address students under 18 who are not 

legally independent of their parents. If it’s determined that such 

a student has been missing for 24 hours, the institution has only 

24 hours in which to contact (in no required order): 

• The custodial parent or guardian, and 

• The confidential contact person, if the student has 

identified one. 

These regulations do not preclude the institution from 

contacting the student's contact person or the custodial parent 

or guardian immediately upon determination that the student is 

missing. 
Chapter10. Missing Students: The Twenty-four Hour Rule

The Handbook for Campus Safety and Security Reporting 167

3. Regardless of whether the student has identified a 

contact person, is above the age of 18 or is an 

emancipated minor, informing the local law 

enforcement agency that has jurisdiction in the 

area within 24 hours that the student is missing.

What does this mean? 

You must state that your institution will notify the local 

law enforcement agency when any student who lives in oncampus student housing has been determined to be missing for 

24 hours. You must do this even if your school has a campus 

police or security department. 

Note that this procedure differs from no. 2 under the 

Policy Statement section which requires missing student 

reports to be forwarded to a local law enforcement agency if 

your school does not have a campus police or security 

department. Procedure no. 3 directly above, requires your 

institution to forward the information that a student has been 

determined to be missing.
Chapter10. Missing Students: The Twenty-four Hour Rule

168 The Handbook for Campus Safety and Security Reporting

Figure 42. Sample Statement Addressing Missing Student Notification Policy and 

Procedures 

If a member of the University community has reason to believe that a student who resides 

in on-campus housing is missing, he or she should immediately notify GWPD at 

XXX-XXXX. GWPD will generate a missing person report and initiate an investigation. 

In addition to registering a general emergency contact, students residing in on-campus 

housing have the option to identify confidentially an individual to be contacted by GW in 

the event the student is determined to be missing for more than 24 hours. If a student has 

identified such an individual, GW will notify that individual no later than 24 hours after the 

student is determined to be missing. A student who wishes to identify a confidential contact 

can do so through the GW Housing web site. A student’s confidential contact information 

will be accessible only by authorized campus officials and law enforcement in the course of 

the investigation. 

After investigating a missing person report, should GWPD determine that the student has 

been missing for 24 hours, GW will notify MPD and the student’s emergency contact no 

later than 24 hours after the student is determined to be missing. If the missing student is 

under the age of 18 and is not an emancipated individual, GW will notify the student’s 

parent or legal guardian immediately after GWPD has determined that the student has been 

missing for 24 hours. 
The Handbook for Campus Safety and Security Reporting 169

Chapter 10. Missing Students: The Twenty-Four Hour Rule

Figure 43. Sample Missing Student Contact Registration Form
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The Handbook for Campus Safety and Security Reporting 171

Fire Safety Disclosures: 

Requirements and Definition 

of a Fire

CHAPTER 11

HEAfire safety regulations apply only to institutions 

with on-campus student housing facilities and focus 

exclusively on those facilities. (See “How to Identify Your 

On-campus Geography” in Chapter 2 for the definition of “on 

campus.”) They do not apply to other buildings on your 

campus or to any noncampus student housing facilities your 

institution might own or control. If you have multiple 

campuses, only those that have on-campus student housing 

facilities must comply with these regulations. If your institution 

has any foreign campuses with on-campus student housing 

facilities, those campuses also must comply with HEA fire 

safety regulations.

Institutional fire safety 

regulations citation

34 CFR 668.49

An institution with on-campus student housing facilities 

is required to: 

• Maintain a log of all reported fires that occur in those 

on-campus student housing facilities, Fire log requirement citation

34 CFR 668.49(d) 

• Publish an annual fire safety report that contains fire 

safety policies and fire statistics for each of those 

facilities, and 

Annual Fire safety 

report cite

34 CFR 668.49(b) 

Annual fire safety 

report requirement citation

34 CFR 668.49(b) 

• Submit the fire statistics from the fire safety report 

annually to ED. Fire statistics disclosure 

requirement citation

34 CFR 668.49(c) 

The fire log is discussed in Chapter 12, fire statistics are 

discussed in Chapter 13 and the annual fire safety report is 

discussed in Chapter 14. First, though, to comply fully and 

accurately with the requirements found in those chapters, you 

need to understand how HEA defines a fire.

Definition of a Fire 

For the purposes of fire safety reporting, HEA defines a 

fire as any instance of open flame or other burning in a place 

not intended to contain the burning or in an uncontrolled 

manner.

Fire definition citation

34 CFR 668.49(a) 

definitions
Chapter 11. Fire Safety Disclosures: Requirements and Definition of a Fire

172 The Handbook for Campus Safety and Security Reporting

This definition contains two descriptions of fire. The first 

is “any instance of open flame or other burning in a place not 

intended to contain the burning.” Some examples are:

• Trash can fire. 

• Oven or microwave fire. 

• Burning oven mitt on a stove. 

• Grease fire on a stovetop. 

• Flame coming from electric extension cord. 

• Burning wall hanging or poster. 

• Fire in an overheated bathroom vent fan. 

• Couch that is burning without any flame evident. 

The second type of fire is “any instance of open flame or 

other burning in an uncontrolled manner.” Some examples 

are: 

• Chimney fire. 

• Gas stove fire. 

• Fuel burner or boiler fire. 

Include:

• All fires that meet the HEA definition regardless of: 

– Size. 

– Cause. 

– Whether the fire results in injury, death or 

property damage. 

– Your institution’s fire safety policies. Even if 

your institution prohibits the burning of candles 

in dorms, a lit candle doesn’t meet the 

definition of a fire. If drapes catch on fire due 

to brushing against a lit candle, the burning 

drapes meet the definition. 

• Fires on the roof or the outside walls of a building 

even if the fire doesn’t reach the inside. 
Chapter 11. Fire Safety Disclosures: Requirements and Definition of a Fire

The Handbook for Campus Safety and Security Reporting 173

• An incident where there is evidence that there was

burning, for example, a singed electrical cord. 

• Fires in parking facilities and dining halls that are

physically attached to and accessed directly from,

on-campus student housing facilities. “Accessed 

directly from” means that an individual can enter the 

parking area directly from the housing area without 

leaving the building. Note that if there is a vehicle 

fire (i.e., a fire that is confined to a vehicle) in a 

student housing facility parking garage, this is not a 

student housing facility fire. However, if there is a 

fire in the garage that spreads to a vehicle, or if a 

vehicle fire spreads to the garage, this is a student 

housing facility fire. 

• Fires reported to any official at your institution (e.g., 

to a residence life officer), not just campus fire 

authorities or campus security authorities. 

Do not include:

• Sparks or smoke where there is no open flame or 

other burning. 

• Such incidents as burnt microwave popcorn that 

trigger fire alarms or smoke detectors but there are no 

open flames or other burning. 

• Attempted arson in cases where there is no open 

flame or burning. (Attempted arson must be included 

along with statistics for completed arson in your 

Clery crime statistics, however. See “Types of 

Criminal Offenses,” no. 7 in Chapter 3 for more 

information about arson.) 

• Fires in parking facilities and dining halls that are not 

physically attached to and accessed directly from

on-campus student housing facilities, even if the 

facilities are reserved for the use of residents in those 

housing facilities. 

• Incidents that violate your institution’s fire safety 

policies but that do not meet the HEA definition of a 

fire. For example, if your institution prohibits fires in 

fireplaces in on-campus student housing, and a 

student lights a fire in the fireplace, this is not a 

reportable fire under HEA. However, if the fire began 
Chapter 11. Fire Safety Disclosures: Requirements and Definition of a Fire

174 The Handbook for Campus Safety and Security Reporting

burning in an uncontrollable manner and ignited the 

chimney or flue, that would be a reportable fire. 

Before moving on to the discussion of the fire log, please 

note that the fire safety regulations do not override your 

institution’s legal obligation to maintain the confidentiality of 

certain information and records under FERPA or other federal 

laws.
The Handbook for Campus Safety and Security Reporting 175

The Fire Log:

Recording Fires in On-campus 

Student Housing Facilities

CHAPTER 12

Your institution must maintain a written, easily understood 

fire log that records, by the date reported, any fire that 

occurs in an on-campus student housing facility. You are 

not required to record fires that occur anywhere else on your 

campus in this log. Nor are you required to record fires that 

occur in any noncampus student housing that your school 

might own or control. You may, however, include other fires 

in the log for your institution’s internal record keeping, but 

such information is not required by HEA.

Fire log citation

34 CFR 668.49(d) 

You may use either a hard copy log or an electronic 

format. Either format must be accessible on-site. This means 

that if you have separate campuses that have on-campus 

student housing facilities, a fire log must be available at, or 

accessible from, each campus. Information from the log should 

be used in determining statistics to include in the annual fire 

safety report and the fire statistics submitted to ED.

What Are Reported Fires?

Reported fires include fires that were already 

extinguished as well as those discovered while still burning. 

They include emergency situations involving fires that 

necessitated a call to 911 for fire department assistance, as well 

as minor fires, such as a small trash can fire that was easily 

extinguished without assistance. Fires can be reported by 

anyone, regardless of the individual’s association with your 

institution.

Unlike Clery crime reporting, in which a crime is 

“reported” when it’s brought to the attention of a campus 

security authority or a local law enforcement agency, there are 

no such restrictions with fire reporting. Any student housing 

fire that is reported to any official at your institution must be 

documented in your fire log. An official is any person who has 

the authority and the duty to take action or respond to 

particular issues on behalf of the institution. To help ensure 

that fire reports get entered into your fire log, your institution 

Reported fires 

include fires that 

were already 

extinguished as 

well as those 

discovered while 

still burning. 

Any student 

housing fire that is 

reported to any 

official at your 

institution must be 

documented in 

your fire log. 
Chapter 12. The Fire Log: Recording Fires in On-campus Student Housing Facilities

176 The Handbook for Campus Safety and Security Reporting

must have and disclose a policy and procedures informing 

students and employees of the individuals or organizations to 

whom fires should be reported. (More about this in Chapter 

14.) 

Figure 44. Examples of Reported Fires 

Scenario 1: A student calls a resident assistant from his cell phone to report a small fire in 

a dorm laundry room. When the RA gets to the laundry room there is no evidence or 

indication of a fire. He asks the student who made the report where the fire was and the 

student tells him that a paper had been set on fire on the bulletin board by someone on his 

way out of the room. The student extinguished the burning paper immediately and then 

called the RA. The RA must document the report and forward it to the director of Student 

Housing for entry in the fire log. 

Scenario 2: A maintenance worker is repairing a kitchen sink at a Greek house on campus. 

He notices that the stove is scorched and asks a couple of students what happened. They 

tell him that several months ago they had a fire while making dinner. The maintenance 

worker asks the students if they reported the fire and they tell him that they didn’t because 

they were able to extinguish it themselves. The maintenance worker forwards the report to 

the director of Student Housing who enters the report into the fire log. 

Scenario 3: The city of Rockville’s fire department responds to an active fire alarm set off 

by a smoke detector in a student dormitory on campus. Fire personnel investigate but do 

not find evidence of a fire. The RFD determines that workmen using power tools to repair a 

bathroom fan set off the smoke detector. They call the school’s security department to 

report their findings. The security department documents the report in the department’s 

incident log but does not enter it into the fire log. 

Creating a Fire Log

Required Fire Log Elements

The law allows flexibility in how you design your fire 

log as long as you include the required elements. For each fire, 

the log must include: 

• The date the fire was reported. 

• The nature of the fire. 

• The date and time of the fire. 

• The general location of the fire. 

You may include other data elements or columns in your 

log for internal record-keeping procedures, but such additional 
Chapter 12. The Fire Log: Recording Fires in On-campus Student Housing Facilities

The Handbook for Campus Safety and Security Reporting 177

information is not required by HEA. You also may include 

entries for fires other than those in on-campus student housing 

facilities, but you are not required to do so. If you record such 

fires, do not include statistics for them in your HEA-mandated 

annual fire safety report unless they are presented in a separate 

table or in a caveat.

The Date the Fire Was Reported 

Use the date that the fire was initially reported. For 

example, if the fire was reported to a campus dean on a Friday 

and the dean reported it the following Monday to the office 

maintaining the log, Friday’s date would be entered in the log. 

Enter the date the fire was reported regardless of how much 

time has passed since the fire occurred. 

The Nature of the Fire 

For this category you may simply use the causes listed 

under “Cause of Fire” in Chapter 13, or you may elaborate on 

them. Whatever you choose to do, enter a description that 

allows the reader to know what type of fire occurred. For 

example, instead of “accidental” or “arson,” enter “room fire 

caused by electrical malfunction” or “bulletin board 

intentionally set on fire.” Use descriptions that anyone reading 

the log can understand. Don’t use codes, acronyms or 

abbreviations. 

The Date and Time of the Fire 

Enter the date the fire occurred and the time it started. If 

you do not know the time the fire started, enter the time it was 

first noticed. If this information is not available, enter an 

approximation or a range, or enter “unknown.” 

The General Location of the Fire 

Enter the location of the fire but do not provide 

personally identifying information. For example, enter “Fourth 

Floor, North Campus Hall” rather than “Room 404, North 

Campus Hall.” 

Enter the date the 

fire was reported 

regardless of how 

much time has 

passed since the 

fire occurred. 
Chapter 12. The Fire Log: Recording Fires in On-campus Student Housing Facilities

178 The Handbook for Campus Safety and Security Reporting

Figure 45. Sample Fire Log With Required Elements

Fire Log

March 2010

Date 

reported

Case Number Nature of fire Date and Time 

of Fire

Location

03/12/2010 2010F-1200 Cigarette 

thrown in 

trash can

03/11/2010

Approx. 5:30 

p.m.

North Campus Hall lounge

03/25/2010 2010F-1201 Flyer set on 

fire 

03/25/2010

Btw. 2:00 a.m. 

– 6:00 a.m.

Third floor hall in Theta Chi house

Maintaining the Fire Log 

Your institution must make an entry or an addition to an 

entry to the log within two business days of receiving the 

information. A business day is any day Monday through 

Friday, except for days when the institution is closed. If you 

have an electronic log, and you experience a software or 

computer problem, use a hard copy log as a temporary 

replacement. Make the fire log for the most recent 60-day 

period open to public inspection, upon request, during normal 

business hours. Make any portion of the log older than 60 days 

available within two business days of a request for public 

inspection. Anyone may have access to the log, whether or not 

they are associated with your institution. This includes the 

media. 

Provide students and employees with a description of the 

log, noting its location and availability. Your institution may 

decide who or what department is responsible for maintaining 

the log and where it should be kept if it’s a hard copy log. Keep 

your archived fire logs for three years following the publication 

of the last annual fire safety report to which it applies (in 

effect, seven years).

Combining Your Fire Log With Your Daily Crime 

Log 

If your institution has a campus police or security 

department and is required to maintain a daily crime log for 

Clery reporting (see Chapter 5), you may use that same log for 

your fire log. Label it in a manner that lets people know that it 
Chapter 12. The Fire Log: Recording Fires in On-campus Student Housing Facilities

The Handbook for Campus Safety and Security Reporting 179

is both a crime and a fire log. Make sure that it contains the 

required elements for both logs. You also may keep separate 

crime and fire logs. 

Note that if you have separate logs, they should differ as 

follows in terms of reporting fires: The fire log records all 

reported fires, including arson, in on-campus student housing 

facilities. The crime log records all arsons and attempted 

arsons reported to the campus police or security department 

that occur on campus (including student housing facilities), on 

public property, in noncampus buildings or property or within 

the patrol jurisdiction of that department. 

Reporting to the Campus Community

The law states that an institution must make an annual 

report to the campus community on the fires recorded in the 

fire log. This requirement may be satisfied by the annual fire 

safety report. This report is described in detail in Chapter 14.
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The Handbook for Campus Safety and Security Reporting 181

Fire Statistics:

Classifying and Counting 

Fires in On-campus 

Student Housing Facilities

CHAPTER 13

In addition to the disclosure of your institution’s fire safetyrelated policies and procedures, your annual fire safety report 

must contain statistics for reported fires in on-campus 

student housing facilities. This chapter discusses in detail the 

various categories of required statistics. 

Fire statistics disclosure 

citation

34 CFR 668.49(c)

You must collect and disclose statistics for each oncampus student housing facility separately for the three most 

recent calendar years (i.e., Jan. 1 through Dec. 31) for which 

data are available.

8

 

8 The fire safety disclosure provisions in HEA went into effect on Aug. 14, 2008. Regulations 

were issued on Oct. 29, 2009.

You may treat a group of attached 

buildings, such as a row of townhouses, as a single student 

housing facility if they share a name and have the same fire 

safety policies and systems. All other student housing facilities 

must be reported separately. 

If there were no reported fires in any of your on-campus 

student housing facilities for the reporting year, you may 

simply list the name and address of each facility in your annual 

fire safety report and state that there were no reported fires in 

the facilities for the reporting year. You will, however, be 

required to enter 0 for each on-campus student housing facility 

in your Web-based survey. (More about the survey in Chapter 

14.) 

Required Fire Statistics 

Identify each facility by name and street address, and 

for each facility disclose:

1. The number of fires and the cause of each fire. 

A fire, for the purposes of HEA regulations, is defined as 

any instance of open flame or other burning in a place not 

intended to contain the burning or in an uncontrolled manner. 
Chapter 13. Fire Statistics: Classifying and Counting Fires in On-Campus Student Housing Facilities

182 The Handbook for Campus Safety and Security Reporting

(For more information about what is and isn’t a fire, 

please see Chapter 11.)

Cause of fire is defined as the factor or factors that give 

rise to a fire. The causal factor may be, but is not limited to, 

the result of an intentional or unintentional action, mechanical 

failure, or act of nature.

Use the following guide, Classifications of Fire and 

Examples, to help identify the cause of a fire: 

Figure 46. Classifications of Fire and Examples

Unintentional Fire. (A fire that does not involve an intentional human act to ignite or spread 

fire into an area where the fire should not be.)

Cause Example

Cooking Grease fire on stove top, oven or microwave fire 

Smoking Materials Discarded lit cigarette butt

Open flames Candles 

Electrical Electrical arcing, overheated electrical motor

Heating equipment Heating stoves, space heaters, fireplaces, furnaces, water heaters

Hazardous products Spontaneous combustion; chemical reaction

Machinery/Industrial Heat from friction, (e.g., fan belts); cutting and welding 

Natural Fires that result from a natural phenomenon, such as lightning, 

tornadoes and earthquakes

Other Fireworks (including sparklers), paper caps, party poppers and 

firecrackers; sunlight (usually magnified through glass or a 

bottle); fires that start in a building that is not an on-campus 

student housing facility and spread to an on-campus student 

housing facility

Intentional Fire. (A fire that is ignited, or that results from a deliberate action, in 

circumstances where the person knows there should not be a fire.)

Example: Fire in a dorm restroom has been investigated by fire authorities and determined to 

be arson. Perpetrator used matches to ignite paper towels.

NOTE: Provide a description of all intentional fires. (For more information on intentional 

fires, see “Arson” in Chapter 3.) 

Undetermined Fire. (A fire in which the cause cannot be determined.)

Example: Investigators cannot determine whether a couch was smoldering because someone 

accidentally dropped a lighted cigarette behind a cushion, or because someone intentionally set 

it on fire. 
Chapter 13. Fire Statistics: Classifying and Counting Fires in On-Campus Student Housing Facilities

The Handbook for Campus Safety and Security Reporting 183

2. The number of persons who received fire-related 

injuries that resulted in treatment at a medical 

facility, including at an on-campus health center.

HEA defines a fire-related injury as any instance in 

which a person is injured as a result of a fire, including an 

injury sustained from a natural or accidental cause, while 

involved in fire control, attempting rescue, or escaping from 

the dangers of the fire. The term “person” may include 

students, employees, visitors, firefighters, or any other 

individuals. 

Include:

• Individuals who are transported to a medical facility 

(even if they refuse treatment at the facility). 

• Individuals who are treated at a temporary medical 

facility that is set up at the fire site. 

• Individuals who are treated in an ambulance. 

Do not include: 

• Individuals who appear to be injured but refuse to be 

treated or transferred to a medical facility. 

• Individuals more than one time for a single fire. If an 

individual is treated at a medical facility, and is later 

transferred to a different medical facility, count this 

as one person with fire-related injuries. 

3. The number of deaths related to a fire.

HEA defines a fire-related death as any instance in 

which a person— 

(1) Is killed as a result of a fire, including death resulting 

from a natural or accidental cause while involved in 

fire control, attempting rescue, or escaping from the 

dangers of a fire; or 

(2) Dies within one year of injuries sustained as a result 

of the fire.

Examples of natural causes of fire-related death: 

• Lung damage due to smoke inhalation. 

• Heart problems due to stress or exertion. 
Chapter 13. Fire Statistics: Classifying and Counting Fires in On-Campus Student Housing Facilities

184 The Handbook for Campus Safety and Security Reporting

Examples of accidental causes of fire-related death: 

• Getting struck by a falling object. 

• Getting burned by fallen wires. 

• Being killed by jumping out of a window. 

Disclose the number of fire-related deaths for each fire. 

Although the regulations don’t require your school to track 

every individual who has a fire-related injury for the purpose of 

documenting fire-related deaths, you must make a reasonable 

effort to ascertain the number of deaths that occur in a one-year 

period following a fire. A reasonable effort includes: 

• Tracking individuals who are hospitalized a few 

miles from your school. 

• Tracking individuals who are still in contact with the 

school following the fire. 

• Documenting deaths that you learn of via other 

individuals or the media. 

4. The value of property damage caused by a fire. 

HEA defines value of property damage as the estimated 

value of the loss of the structure and contents, in terms of the 

cost of replacement in like kind and quantity. This estimate 

should include contents damaged by fire, and related damages 

caused by smoke, water, and overhaul; however, it does not 

include indirect loss, such as business interruption. 

Disclose the value of property damage for each fire. 

Include the value of all property damage, even to property not 

owned or controlled by your institution. (If you want to make 

an additional disclosure to separate out institutional property 

damage and damage to the personal property of others, you 

may do so.) Your estimate for structural damage should be 

based on replacement value, not market value. Make sure to 

include the value of property destroyed during overhaul. 

Overhaul is the practice of searching a fire scene to detect 

hidden fires or sparks which may rekindle, and to note the 

possible point of origin and cause of ignition. 

Do not include any indirect losses. In addition to 

business interruption, indirect losses include the cost of 
Chapter 13. Fire Statistics: Classifying and Counting Fires in On-Campus Student Housing Facilities

The Handbook for Campus Safety and Security Reporting 185

emergency housing, personnel costs associated with 

subsequent cleanup and restoration and lost tuition.

Use the following ranges listed in Value Ranges for 

Estimated Property Damage Due to Fire to report the value of 

property damage if you use estimates rather than actual 

amounts: 

Figure 47. Value Ranges for Estimated Property 

Damage Due to Fire

$0 – 99 $50, 000 – 99,999

$100 – 999 $100,000 – 249,999

$1,000 – 9,999 $250,000 – 499,999

$10,000 – 24,999 $500,000 – 999,999

$25,000 – 49,999 >$1,000,000

How to Determine the Value of Property Damage 

Property damage can be determined by the property 

owner or an insurance adjuster. If there is no property 

damage—for example a brief fire in a trash can that only 

destroyed discarded cigarette butts—indicate that the damage 

was in the $0–$99 range. 

Fires in On-campus Student Housing Facilities 

That Are Physically Attached to Facilities Not 

Owned or Controlled by the Institution 

Perhaps you have a student housing facility located on 

the edge of your campus that is attached along one wall to a 

privately owned establishment, such as a restaurant. A fire that 

originates in the restaurant kitchen spreads from the restaurant 

to the student housing facility. Disclose this as a student 

housing fire. It is irrelevant whether the building had separate 

access for the student housing and the restaurant or a single 

point of access. However, count injuries, damages, etc. only for 

the student housing facility, not for the restaurant. 

A Note About Arson

As described in the Arson classification section in 

Chapter 3, the Clery Act requires your institution to disclose 

statistics for fires that are investigated and determined to meet 

the FBI’s UCR definition of arson. The arson can occur 

anywhere within the institution’s Clery geography: on campus 

(including in on-campus student housing facilities), in or on 
Chapter 13. Fire Statistics: Classifying and Counting Fires in On-Campus Student Housing Facilities

186 The Handbook for Campus Safety and Security Reporting

noncampus buildings or property and public property. If your 

institution has a campus police or security department you also 

must record arsons that are reported to that department in your 

daily crime log if the arson occurs on your Clery geography or 

within the department’s patrol jurisdiction. This means that an 

arson that occurs in an on-campus student housing facility must 

be disclosed in your annual fire safety report, your fire log, 

your annual security report and your crime log (if you are 

required to keep a crime log). 

Remember, you must identify each on-campus student 

housing facility and enter the number of reported fires at each 

facility. Then, for each fire, enter the cause of the fire, the 

number of persons who received fire-related injuries that 

resulted in treatment at a medical facility, the number of deaths 

related to that fire and the value of property damage related to 

that fire. If there were no reported fires at a facility, state this, 

or enter a 0; do not omit the facility from your disclosures. 

You must identify 

each on-campus 

student housing 

facility and enter 

the number of 

reported fires at 

each facility.
The Handbook for Campus Safety and Security Reporting 187

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

Figure 48. Sample Fire Statistics Reporting Table for the Annual Fire Safety Report

Statistics and Related Information Regarding Fires in Residential Facilities

Residential Facilities

Total Number of Injuries 

Fires in That Required Value of Property 

Each Fire Treatment at a Number of Deaths Damage Caused by 1 Building Number Cause of Fire Medical Facility Related to a Fire Fire

Smith Hall 1959 E St. 2 1 Unintentional/Stove fire 1 0 187.25

2 Unintentional/Stove fire 0 0 665.23

Carroll Hall 2109 F St. 0 0 N/A N/A N/A N/A

Aston 24 G St. 1 1 Unintentional/Fire in oven 0 0 0.00

Building JJ 49 G St. 0 0 N/A N/A N/A N/A

City Hall 2206 M St. 0 0 N/A N/A N/A N/A

Crawford 2209 M St. 0 0 N/A N/A N/A N/A

Dakota 4900 M St. 0 0 N/A N/A N/A N/A

Fisk 4905 M St. 0 0 N/A N/A N/A N/A

Fulbright 4910 M St. 2 1 Unintentional/Fire in basement trash chute 0 0 5,895.00

1 Values are in dollars.
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The Handbook for Campus Safety and Security Reporting 189

The Annual 

Fire Safety Report:

Publishing Policy Statements and 

Fire Statistics

CHAPTER 14

An institution that maintains any on-campus student housing 

facilities must publish an annual fire safety report by Oct. 1. 

This is a firm deadline; there is no grace period and there are 

no exemptions. The purpose of this report is to disclose fire 

safety policies and procedures related to your on-campus 

student housing and to disclose statistics for fires that 

occurred in those facilities. 

Annual fire safety report 

citation

34 CFR 668.49(b)

You may publish your annual fire safety report together 

with your Clery-required annual security report as long as the 

title of the document clearly states that it contains both reports. 

There is no prescribed order for the reports. If you choose to 

publish the reports together one year and separately the next 

year, you may. If you choose to publish the reports separately, 

you must include information in each report about how to 

directly access the other report. This means that you can’t 

simply say that the other report is available; you must describe 

how an individual can obtain the report. The publication 

requirements for the fire safety report are the same as those for 

the annual security report and are found in Chapter 9. 

Remember that if you have a foreign campus with on-campus 

student housing facilities, that campus also must publish an 

annual fire safety report.

The law doesn’t require particular policies, procedures, 

programs or practices by your institution with respect to fire

safety; the law prescribes how your institution collects, reports 

and disseminates the required information. The report must 

disclose your current policies, procedures, practices and rules. 

Descriptions of what your institution does regarding fire safety 

must be accurate and clear. For example, anyone reading your 

procedures for student housing evacuation in the case of a fire 

should be able to understand exactly what those procedures are, 

and the order in which they should be followed. Your 

institution is expected to adhere to the policies and procedures 

it discloses. 

The publication 

requirements for 

the fire safety 

report are the 

same as those for 

the annual 

security report.
Chapter 14. The Annual Fire Safety Report: Publishing Policy Statements and Fire Statistics

190 The Handbook for Campus Safety and Security Reporting

If your institution does not have any fire safety experts 

on site, we suggest that you contact local experts, such as the 

fire marshal, fire chief, fire investigator or other local fire 

authorities for assistance.

Components of the Fire Safety Report

At a minimum, the fire safety report must contain the 

components that are listed below. There is no prescribed order. 

All of the components pertain to on-campus student housing 

facilities, not the campus as a whole. An explanation of each 

component follows the list. 

• A description of each on-campus student housing 

facility fire safety system. 

• The number of fire drills held during the previous 

calendar year. 

• The institution's policies or rules on portable 

electrical appliances, smoking and open flames in a 

student housing facility. 

• The institution's procedures for student housing 

evacuation in the case of a fire. 

• The policies regarding fire safety education and 

training programs provided to the students and 

employees. In these policies, the institution must 

describe the procedures that students and employees 

should follow in the case of a fire. 

• For purposes of including a fire in the statistics in the 

annual fire safety report, a list of the titles of each 

person or organization to which students and 

employees should report that a fire occurred. 

• Plans for future improvements in fire safety, if 

determined necessary by the institution. 

• Fire statistics. (Fire statistics are discussed in detail in 

Chapter 13.) 
Chapter 14. The Annual Fire Safety Report: Publishing Policy Statements and Fire Statistics

The Handbook for Campus Safety and Security Reporting 191

1. Description of each on-campus student housing 

facility fire safety system. 

HEA defines a fire safety system as any mechanism or 

system related to the detection of a fire, the warning resulting 

from a fire, or the control of a fire. This may include sprinkler 

systems or other fire extinguishing systems, fire detection 

devices, stand-alone smoke alarms, devices that alert one to 

the presence of a fire, such as horns, bells, or strobe lights; 

smoke-control and reduction mechanisms; and fire doors and 

walls that reduce the spread of a fire. 

What does this mean? 

Your statement should describe the fire safety system in 

each of your on-campus student housing facilities. It isn’t 

enough to provide a general description of fire safety systems 

that encompasses all of the facilities. A reader should be able to 

look for a specific facility and read a description for that 

facility.

If you are not sure whether a specific mechanism or 

system is part of a fire safety system, ask yourself if the 

mechanism or system is related to the:

• Detection of a fire, 

• Warning resulting from a fire, or 

• Control of a fire. 

For example, your institution might have egress lighting 

in the dormitories. Although egress lighting can be an element 

of a campus safety system, it is not part of a fire safety system 

because it is not used to detect, warn of or control a fire. 

The elements included in HEA’s definition of a fire 

safety system are examples. The fire safety system or systems 

you describe may differ. 

You have flexibility in how your institution addresses 

this requirement. Your goal is to ensure that, at a minimum, 

students have enough information to understand what type of 

fire safety system is used in each on-campus student housing 

facility. For example, you may create a table that lists each 

student residential facility by name and has columns for 

checking whether a facility has any or all of the various 

systems and mechanisms identified, such as smoke alarms, fire 

doors, sprinkler systems, etc. If you use terms such as “full” or 
Chapter 14. The Annual Fire Safety Report: Publishing Policy Statements and Fire Statistics

192 The Handbook for Campus Safety and Security Reporting

“partial” to describe a fire suppression system, explain what is 

meant by “full” or “partial.” 

The regulations don’t require your institution to provide 

specific detailed information on your fire safety system or 

other systems, such as maintenance or inspection schedules. 

However, you may provide this or other pertinent information 

as you choose. 

Note that although you must disclose fire statistics for the 

previous three calendar years, your description of each oncampus student housing facility fire safety system must reflect 

the system that is currently in place.

Figure 49. Sample Description of On-campus Student Housing Facility Fire Safety 

Systems

Fire Safety Systems in GW Residential Facilities

Facility Fire Alarm Monitoring 

Done On Site (by UPD)

Partial *1 

Sprinkler 

System

Full *2 

Sprinkler 

System

Smoke 

Detection

Fire 

Extinguisher 

Devices

Evacuation 

Plans & 

Placards

Number of 

evacuation 

(fire) drills each 

calendar year

Aston 24 G St. X X X X X 2

Building JJ 49 G St. X X X X X 2

City Hall 2206 M St. X X X X X 4 

Crawford 2209 M St. X X X X X 4

Dakota 4900 M St. X X X X X 2

Fisk 4905 M St. X X X X X 2

Fulbright 4910 M St. X X X X X 2

Smith Hall 1959 E St. X X X X X 2

Carroll Hall 2109 F St. X X X X X 2

*1. Partial Sprinkler System is defined as having sprinklers in the common areas only.

*2. Full Sprinkler system is defined as having sprinklers in both the common areas and individual rooms.

2. Number of fire drills held during the previous 

calendar year.

What does this mean? 

HEA defines a fire drill as a supervised practice of a 

mandatory evacuation of a building for a fire. Disclose the 

number of fire drills for each on-campus student housing 

facility. If no fire drills were held for a facility during this time 

period, you must indicate this. This requirement cannot be met 

by a false alarm that leads to the evacuation of a building, even 

if the evacuation is supervised. A drill involves planning, 

supervision and evaluation.
Chapter 14. The Annual Fire Safety Report: Publishing Policy Statements and Fire Statistics

The Handbook for Campus Safety and Security Reporting 193

3. Policies or rules on portable electrical 

appliances, smoking and open flames in a 

student housing facility.

What does this mean?

Disclose all of your institution’s policies or rules on 

portable electrical appliances, smoking and open flames in 

your on-campus student housing facilities. It’s not adequate to 

state that you have such policies or rules; you must disclose the 

specifics and you must address all three categories: portable 

electrical appliances, smoking and open flames. If some rules 

apply to certain facilities only, state this. 

Figure 50. Sample Policy Statement Addressing Policies or Rules on Portable 

Electric Appliances, Smoking and Open Flames in a Student Housing Facility

The Office of Environmental Health & Safety performs Residence Hall Health and 

Safety (H&S) Inspections five times a year, twice in the Fall and in the Spring and once 

in the Summer. Inspections will be announced only during the first round of the fall 

semester. All other inspections are unannounced. The H&S inspections are primarily 

designed to find and eliminate safety violations. Students are required to read and 

comply with the Residential Community Conduct Guidelines (RCCGs), which include 

the H&S inspections and all other rules and regulations for residential buildings. The 

inspections include, but are not limited to, a visual examination of electrical cords, 

sprinkler heads, smoke detectors, fire extinguishers and other life safety systems.

In addition, each room will be examined for the presence of prohibited items (e.g., 

sources of open flames, such as candles; non-surge protected extension cords; halogen 

lamps; portable cooking appliances in non-kitchen areas; etc.) or prohibited activity 

(e.g., smoking in the room; tampering with life safety equipment; possession of pets; 

etc.). This inspection will also include a general assessment of food and waste storage 

and cleanliness of the room. Prohibited items will be immediately disabled with a 

locking device or confiscated and donated/discarded if found, without reimbursement. 
Chapter 14. The Annual Fire Safety Report: Publishing Policy Statements and Fire Statistics

194 The Handbook for Campus Safety and Security Reporting

4. Procedures for student housing evacuation in 

the case of a fire.

What does this mean? 

Disclose your institution’s procedures for evacuating 

student housing in the case of a fire. If the procedures differ by 

student housing facility, your statement must describe the 

specific procedures for each facility.

Figure 51. Sample Statement Addressing Procedures for Student Housing Evacuation 

in the Case of a Fire

In the event of a fire, the College expects that all campus community members will 

evacuate by the nearest exit, closing doors and activating the fire alarm system (if one is 

present) as they leave. Once safely outside a building, it is appropriate to contact 911 and 

the Department of Campus Safety. Students and/or staff are informed where to relocate to 

by staff if circumstance warrants at the time of the alarm. In the event fire alarms sound, 

College policy is that all occupants must evacuate from the building, closing doors as they 

leave. No training is provided to students or employees in firefighting or suppression 

activity as this is inherently dangerous and each community member’s only duty is to exit 

safely and quickly, shutting doors along the exit path as they go to contain the spread of 

flames and smoke, and to activate the alarm as they exit. At no time should the closing of 

doors or the activation of the alarm delay the exit from the building.

5. Policies regarding fire safety education and 

training programs provided to the students and 

employees. In these policies, the institution must 

describe the procedures that students and 

employees should follow in the case of a fire. 

What does this mean? 

Disclose all of your institution’s policies related to fire 

safety education programs and fire safety training programs 

associated with on-campus student housing facilities. Include 

in-person and online programs, as applicable. Describe all 

procedures that students should follow in the case of a fire, as 

well as all procedures that employees should follow in the case 

of a fire. The policy statement would pertain to all employees 

involved in student housing and areas related to student 

housing, for example, residential life staff, student affairs staff, 

student personnel services staff, residence hall directors, 

residential education staff and summer housing staff. If any of 

your student housing facilities has an attached parking garage 

or dining hall (as described in the bullets under the “Definition 

of a Fire” section in Chapter 11), include employees associated 

with those areas. You may include other employees as well. 
Chapter 14. The Annual Fire Safety Report: Publishing Policy Statements and Fire Statistics

The Handbook for Campus Safety and Security Reporting 195

Figure 52. Sample Statement Addressing Fire Safety Education and Training 

Programs Provided to Students and Employees

Fire safety education programs for all students living in on-campus student housing and all 

employees that have any association with on-campus student housing are held at the beginning 

of each semester. These programs are designed to: familiarize everyone with the fire safety 

system in each housing facility, train everyone on the procedures to be followed in case there is 

a fire and distribute information on the college’s fire safety policies. Everyone is also provided 

with maps of each on-campus student housing facility that illustrate evacuation routes and fire 

alarm equipment locations. During these programs, trainers emphasize that participating in fire 

drills is mandatory. Students with disabilities are given the option to have a “buddy” assigned to 

them.

Fire safety education and training programs are taught by local fire authorities as well as the 

director of Student Housing who is experienced in fire safety matters. 

If a fire occurs, students are instructed to leave hazardous areas per the evacuation routes and 

get to a predetermined location before calling 911 for help. They are to remain in that location 

so that the director of Student Housing or someone from the Student Housing office has 

documented that the student has left the building. RAs are instructed to pull the fire alarm as 

they are leaving the building if they can do so without risking their safety.

The information provided during the fire safety programs is also available online at any time at: 

firesafety@XXXXXXXXXXX.edu.

6. For purposes of including a fire in the statistics 

in the annual fire safety report, a list of the titles 

of each person or organization to which students 

and employees should report that a fire 

occurred. 

What does this mean? 

This is a list of titles of the people or organizations that 

should be told “after the fact” that a fire occurred. It is not a list 

of whom to notify that there is a fire emergency. That 

information should be included in “the procedures that students 

and employees should follow in the case of a fire,” as described 

on the previous page in component no. 5 in the annual fire 

safety report.
Chapter 14. The Annual Fire Safety Report: Publishing Policy Statements and Fire Statistics

196 The Handbook for Campus Safety and Security Reporting

Figure 53. Sample List of the Titles of Each Person or Organization to Whom 

Students and Employees Should Report That a Fire Occurred

Per federal law, Rockville College is required to annually disclose statistical data on all 

fires that occur in on-campus student housing facilities. Listed below are the nonemergency numbers to call to report fires that have already been extinguished in oncampus student housing. These are fires for which you are unsure whether the Rockville 

College Public Safety Office may already be aware. If you find evidence of such a fire or if 

you hear about such a fire, please contact one of the following: 

Rockville College Public Safety (XXX) XXX-XXXX

Rockville College Housing Office (XXX) XXX-XXXX

When calling, please provide as much information as possible about the location, date, time 

and cause of the fire.

7. Plans for future improvements in fire safety, if 

determined necessary by the institution.

What does this mean? 

Your plan can be limited to “Our institution is going to 

do the following ...” or can include “If we obtain the means 

we’d like to do the following ...” We suggest that you include 

information that tells the reader why the improvements are 

necessary. Do not simply state that the institution has plans for 

future improvements without indicating what those 

improvements will be. You may, but are not required to, 

include a time line. 

If you determine that future improvements in fire safety 

are not necessary, state this. 

Figure 54. Sample Plans Addressing Future Improvements in Fire Safety

The College has adopted the National Incident Management System (NIMS) for all of its 

emergency and non-emergency events, and will have complete NIMS compliance by Dec. 

31, 2010. The adoption of NIMS will improve the college’s response to emergencies and 

hazards, especially fires.
Chapter 14. The Annual Fire Safety Report: Publishing Policy Statements and Fire Statistics

The Handbook for Campus Safety and Security Reporting 197

8. Fire statistics

Your annual fire safety report must include statistics for 

reported fires in on-campus student housing facilities. This 

requirement is multi-faceted and is discussed in detail in 

Chapter 13. 

In addition to including fire statistics in your annual fire 

safety report, your institution is required to submit the 

statistics from that report to ED. The mechanism for doing 

this is the annual online Campus Safety and Security Survey9

 

9 In 2010, the annual Campus Crime and Security Survey, which collects Clery crime 

statistics, was renamed the Campus Safety and Security Survey and was expanded to collect 

HEA-required fire statistics for on-campus student housing.

that takes place every fall. A registration packet with survey 

information, a password and a user ID is sent to the chief 

executive officer of your institution several weeks prior to the 

start of the data collection. 

Specific screen-by-screen instructions for completing the 

survey and submitting it to ED are included in the user’s guide 

for the survey located at https://surveys.ope.ed.gov/security. 

You can get additional help with the survey via phone at 

800-435-5985 or via e-mail at campussafetyhelp@westat.com. 

Your institution’s fire statistics will subsequently be migrated 

to our public dissemination site at: 

http://www.ope.ed.gov/security where any interested person 

can view them. The public site also can be used to generate 

reports using aggregated data from all of the schools that 

submit HEA-related crime and fire statistics. You can find 

more information about the annual data collection in Chapter 9.
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The Handbook for Campus Safety and Security Reporting 199

Appendix A

Higher Education Act of 1965

Safety- and Security-related Laws and Regulations

A-1. Federal Register, Nov. 1, 1999 (Vol. 64, No. 210), 

Student Assistance General Provision; Final Rule. 

34 CFR 668.41, Reporting and Disclosure of Information 

34 CFR 668.46, Institutional Security Policies and Crime Statistics

A-2. Federal Register, Oct. 31, 2002 (Vol. 67, No. 211), 

Student Assistance General Provision; Final Rule. 

34 CFR 668.46, Institutional Security Policies and Crime Statistics

A-3. Federal Register, Oct. 29, 2009 (Vol. 74, No. 208), 

General and Non-Loan Programmatic Issues; Final Rule.

34 CRF 668.41, Reporting and Disclosure of Information 

34 CRF 668.46, Institutional Security Policies and Crime Statistics

34 CFR 668.49, Institutional Fire Safety Policies and Fire Statistics

A-4. Higher Education Opportunity Act, Aug. 14, 2008. 

Program Participation Agreement Requirements 
This page intentionally left blank.
Appendix A

The Handbook for Campus Safety and Security Reporting 201

A-1. Federal Register, Nov. 1, 1999 (Vol. 64, No. 210), 

Student Assistance General Provision; Final Rule.

34 CFR 668.41, Reporting and Disclosure of Information 

34 CFR 668.46, Institutional Security Policies and Crime Statistics 

This document contains text that was taken from the Federal Register for Nov. 1, 1999. It is not 

the complete Federal Register for that date. It contains the regulations for 34 CFR 668.41, 

Reporting and Disclosure of Information and 34 CFR 668.46, Institutional Security Policies and 

Crime Statistics. This text was retrieved from: 

http://www.ed.gov/legislation/FedRegister/finrule/1999-4/110199d.html. 

[Federal Register: November 1, 1999 (Volume 64, Number 210)]

[Rules and Regulations] 

[Page 59059-59073]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr01no99-18] 

[[Page 59059]]

_______________________________________________________________________

Part IX

Department of Education

_______________________________________________________________________

34 CFR Part 668

Student Assistance General Provisions; Final Rule

[[Page 59060]]

DEPARTMENT OF EDUCATION

34 CFR Part 668

RIN 1845-AA03

Student Assistance General Provisions

AGENCY: Department of Education.

ACTION: Final regulations.

-----------------------------------------------------------------------

SUMMARY: We amend the regulations governing the disclosure of 

institutional and financial assistance information under the student 

financial assistance programs authorized under Title IV of the Higher 

Education Act of 1965, as amended (Title IV, HEA programs). These 
Appendix A

202 The Handbook for Campus Safety and Security Reporting

programs include the Federal Pell Grant Program, the campus-based 

programs (Federal Perkins Loan, Federal Work-Study (FWS), and Federal 

Supplemental Educational Opportunity Grant (FSEOG) Programs), the 

William D. Ford Federal Direct Loan (Direct Loan) Program, the Federal 

Family Education Loan (FFEL) Program, and the Leveraging Educational 

Assistance Partnership (LEAP) Program (formerly called the State 

Student Incentive Grant (SSIG) Program). These regulations implement 

statutory changes made to the Higher Education Act of 1965, as amended 

(HEA), by the Higher Education Amendments of 1998.

DATES: Effective Date: These regulations are effective July 1, 2000.

 Implementation Date: The changes to certain sections, particularly 

Secs. 668.41 (b) and (c) and 668.46(c) (1)-(4) and (f), reflect changes 

made by Public Law 105-244 that already are in effect. Sections 668.41 

(b) and (c) concern the distribution of information through electronic 

media and the distribution to enrolled students of a list of the 

information to which they are entitled upon request. Sections 668.46(c) 

(1)-(4) and (f) concern the reporting of crime statistics and the 

maintenance of a crime log. You may use these regulations prior to July 

1, 2000 as guidance in complying with the relevant statutory 

provisions. You can find the full text of Public Law 105-244 at http://

www.access.gpo.gov/nara/publaw/105publ.html.

SUPPLEMENTARY INFORMATION: On August 10, 1999, we published a notice of 

proposed rulemaking (NPRM) for the Student Assistance General 

Provisions in the Federal Register (64 FR 43582). In the preamble to 

the NPRM, we discussed the following proposed changes:

 * Amending Sec. 668.41 to make the information disclosure 

process more understandable and less burdensome, to require 

institutions to provide enrolled students a list of the information to 

which the students are entitled upon request, and to provide for 

institutions' use of Internet and Intranet websites for the disclosure 

of information.

 * Amending Sec. 668.46 regarding the disclosure of campus 

security information to define terms (including campus, noncampus 

buildings or property, and public property), by excluding pastoral or 

professional counselors from the definition of a campus security 

authority, by adding new categories of crimes to be reported and new 

policies to be disclosed, by clarifying how to compile and depict crime 

statistics, by changing the date for disclosure of the annual security 

report to October 1, by requiring certain institutions to maintain a 

publicly available crime log, and by requiring institutions annually to 

submit their crime statistics to the Department.

 These regulations reflect the following changes to the proposed 

regulations in response to public comment:

 * In Sec. 668.46(a) we revised the definition of a 

professional counselor to no longer require that the counselor be an 

employee of the institution. In addition, we revised the definition by 

replacing the term ``psychological counseling'' with the term ``mental 

health counseling.''

 * We moved the definition of ``prospective employee'' from 

Sec. 668.46(a) to Sec. 668.41(a).

 We added Sec. 668.46(c)(2) to require institutions to record a 

crime statistic in their annual security reports for the calendar year 

in which the crime was reported to a campus security authority.
Appendix A

The Handbook for Campus Safety and Security Reporting 203

Questions and Recommendations:

Section 668.41 Reporting and Disclosure of Information

 Comments: Section 668.41 should address any information 

institutions participating in Title IV, HEA programs are required to 

disclose by any Department of Education regulation, not just 

information institutions are required to disclose by these regulations 

(34 CFR Part 668, Subpart D).

 Discussion: Section 668.41 only is intended to address information 

that institutions are required to disclose by section 485 of the HEA. 

We believe that including in Sec. 668.41 all information that 

institutions must disclose under any Department regulation is 

impractical and would be confusing.

 Changes: None.

 Comments: The Department should provide a chart listing all 

information that institutions must disclose under these regulations and 

the persons to whom they must disclose the information.

 Discussion: We believe that Sec. 668.41 adequately provides the 

information sought by this comment. However, we will provide continuing 

technical assistance, including the requested chart, to institutions to 

help them understand and comply with these regulations.

 Changes: None.

 Comments: The Department should clarify the level of description of 

required information it expects institutions to provide in the various 

notices of the availability of information that are required by 

Sec. 668.41.

 Discussion: As stated in the preamble to the NPRM (64 FR 43583), 

the description should be sufficient to allow students and others to 

understand the nature of the information and to make informed decisions 

about whether to request the information. We do not believe there is a 

need to be more prescriptive in this area.

 Changes: None.

 Comments: Remove the word ``freshman'' from the definition ``firsttime, freshman student'' in Sec. 668.41(a), which identifies those 

students that institutions must include in their cohorts for 

calculating completion or graduation rates, and if applicable, 

transfer-out rates.

 Discussion: As described in Sec. 668.45, institutions must include 

in their cohorts first-time, certificate- or degree-seeking, full-time 

undergraduate students who never have attended any institution of 

higher education (including in the cohort those who enroll in the fall 

term having attended a postsecondary institution for the first time in 

the prior summer term or having earned college credit in high school) 

regardless of their class standing. As some members of the cohort may 

have advanced standing, we agree that the use of the word ``freshman'' 

in the definition could cause confusion.

 Changes: The term ``first-time freshman student'' is replaced by 

the term ``first-time, undergraduate student'' wherever it appears in 

these regulations (Secs. 668.41(a), 668.45(a)(3)(iii), and 

668.45(a)(4)(i)-(ii)).

 Comments: The definition of ``notice'' in Sec. 668.41(a) should not 

require institutions, in providing the various notices of the 

availability of information required by Sec. 668.41, to provide the 

notices on a one-to-one basis to persons to whom the information need 

only be provided upon request.
Appendix A

204 The Handbook for Campus Safety and Security Reporting

 Discussion: We do not believe that students and others entitled to 

the information will be adequately notified of its availability if the 

notification of its availability is made through means that do not 

ensure that each person who is entitled to the notification receives 

it. The regulation does not prescribe the method by which institutions 

must notify students and others of the information's availability; the 

regulation simply prescribes that the method used must provide 

individualized notice.

 Changes: None.

 Comments: Change Secs. 668.41(c) and (d) to include completion and 

graduation rates, and if applicable, transfer-out rates, for athletes 

under Sec. 668.48, among the required disclosures of information.

 Discussion: Section 485(a)(1) of the HEA does not include 

completion and graduation rates of athletes in the list of information 

institutions must provide upon request to enrolled and prospective 

students. Although section 485(e) of the HEA only requires institutions 

to provide the report concerning athletes' graduation rates to 

prospective student-athletes and their parents, high school coaches, 

and guidance counselors, we encourage institutions to provide the 

report to others who request it.

 Changes: None.

 Comments: Rather than requiring institutions under Sec. 668.41(c) 

annually to provide all enrolled students a notice listing the 

information to which they are entitled upon request, allow institutions 

to tell students, at the time the institutions distribute the notice, 

how often they will publish the list and how students can obtain 

interim changes to the list.

 Discussion: Section 485(a) of the HEA specifically requires that 

institutions provide the list annually to all enrolled students.

[[Page 59062]]

 Changes: None.

 Comments: The Department should clarify that Sec. 99.7, which is 

referenced in Sec. 668.41(c)(1), refers to the notification 

requirements under the Family Educational Rights and Privacy Act of 

1974 (FERPA).

 Discussion: We agree.

 Changes: Section 668.41(c)(1) is amended to include a reference to 

FERPA.

 Comments: The requirement for disclosure of information about the 

terms and conditions of deferral of loan repayments for service under 

the Peace Corps Act, the Domestic Volunteer Service Act of 1973, or for 

comparable service as a volunteer for a tax-exempt organization of 

demonstrated effectiveness in the field of community service should be 

moved from Sec. 668.41(d)(4) to Sec. 668.42 (Financial assistance 

information), which addresses, among other subjects, loan repayment.

 Discussion: We agree with the commenters.

 Changes: Section 668.41(d)(4) in the NPRM is moved to 

Sec. 668.42(c)(7).

 Comments: If the purpose of the revised Sec. 668.41 is to put all 

of an institution's disclosure responsibilities under subpart D in a 

single section, the requirement that an institution must report its 

crime statistics to the Department should be moved from Sec. 668.46(g) 

to Sec. 668.41.

 Discussion: We agree with the commenters.

 Changes: Section 668.46(g) in the NPRM is moved to 
Appendix A

The Handbook for Campus Safety and Security Reporting 205

Sec. 668.41(e)(5).

 Comments: The Department should clarify that the prohibition on 

using the Internet to provide the information required by 

Sec. 668.41(f)(1)(i) to prospective student-athletes and their parents 

does not prohibit a national collegiate athletic association from 

obtaining a waiver for its members under Sec. 668.41(f)(1)(ii) for 

providing the information to prospective student-athletes' high school 

coaches and guidance counselors by distributing the information to all 

secondary schools in the United States through the Internet or other 

electronic means.

 Discussion: We did not intend the prohibition referred to above to 

address the means by which a national collegiate athletic association 

must provide the information to secondary schools in order to obtain a 

waiver under Sec. 668.41(f)(1)(ii). We would be pleased to work with 

any such association seeking a waiver for its members to determine 

whether the association's proposed method of providing the information 

to secondary schools is sufficient to qualify for a waiver.

 Changes: None.

Section 668.46 Institutional Security Policies and Crime Statistics

 Comments: Numerous commenters requested that we specifically 

exclude certain types of employees from the definition of a campus 

security authority--for example, lay counselors, dormitory rectors, 

physicians, access monitors, rape crisis counselors, doctoral counselor 

trainees, campus ombudsmen, and teaching faculty. Other commenters 

requested clarification about whether student security personnel 

organized by student governments and concert security employees who 

work for the institution are campus security authorities. Still other 

commenters asked us to define who is an ``official'' of the 

institution, and what ``significant responsibility'' for student and 

campus activities means.

 Discussion: To determine if an institution must collect crime 

statistics from a particular employee or official, or provide a timely 

warning report based on crimes reported or known to the employee or 

official, an institution must first determine if that official is a 

campus security authority. In addition to campus law enforcement staff, 

a campus security authority is someone with ``significant 

responsibility for student and campus activities.'' Absent this 

responsibility, an employee is not a campus security authority.

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

student center, or student extra-curricular activities, has significant 

responsibility for student and campus activities. Similarly, a director 

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

have significant responsibility for student and campus activities.

 A single teaching faculty member is unlikely to have significant 

responsibility for student and campus activities, except when serving 

as an advisor to a student group. A physician in a campus health center 

or a counselor in a counseling center whose only responsibility is to 

provide care to students are unlikely to have significant 

responsibility for student and campus activities. Also, clerical staff 

are unlikely to have significant responsibility for student and campus 

activities.

 Since official responsibilities and job titles vary significantly 

from campus to campus, we believe that including a list of specific 

titles in the regulation is not practical. However, as stated above, we 

will provide additional guidance at a later date concerning 

interpretation of these regulations.
Appendix A

206 The Handbook for Campus Safety and Security Reporting

 Changes: None.

 Comments: The definition of campus security authority should 

include only individuals working for the institution's campus security 

office or expressly performing a campus security function at the 

institution's request.

 Discussion: We believe that the new definition and guidance reflect 

the reality that on colleges campuses, officials who are not police 

officials or acting as event security at student or campus events 

nevertheless are responsible for students' or campus security. We also 

believe the new definition and guidance will better enable institutions 

to determine who is a campus security authority and thereby to comply 

with these regulations.

 Changes: None.

 Comments: Commenters asked a number of questions regarding our 

interpretation of the definitions of campus, noncampus building or 

property, and public property, such as what it means for an institution 

to ``control'' property, what ``adjacent to and accessible from the 

campus'' means, and whether remote classrooms or remote research 

stations are included in the definition of campus. Commenters also 

asked how different institutions that occupy the same general 

geographic area and different campuses of an institution should report 

crimes.

 Discussion: We will respond to commenters' questions concerning 

implementation of the proposed regulations, and will post our answers 

on our Information for Financial Assistance Professionals (IFAP) 

website: http://ifap.ed.gov

 Changes: None.

 Comments: Generally, the commenters expressed much satisfaction 

with the compromises made during negotiated rulemaking regarding the 

definitions in Sec. 668.46(a). In particular, many commenters agreed 

with the negotiators' decision to exclude professional and pastoral 

counselors from being required to report crimes discussed with them in 

their role as counselor. Some commenters disagreed with this exclusion, 

on the belief that reporting a statistic cannot identify the victim. 

Other commenters believed that the process of reporting statistics and 

avoiding double-counting can lead to identification of the victim. Many 

commenters stressed the importance of ensuring that students' ability 

to obtain confidential counseling not be compromised.

 Discussion: We agree with the commenters about the importance of 

victims' being able to obtain confidential counseling. We also agree 

that although reporting a statistic is not likely, of itself, to 

identify the victim, the need to verify the occurrence of the crime and 

the need for additional information about the crime to avoid doublecounting can lead to identification of the victim.

 Representatives of psychological counselors informed us that 

counselors would, as a matter of professional obligation, be required 

to inform a patient at the beginning of any session that detailed 

information may be disclosed to other parties for statistical reporting 

purposes. In their experience, this disclosure has a chilling effect on 

access to professional counseling by causing a victim to decline or be 

wary of professional assistance. Given the importance of access to 

counseling, the availability of statistics from other sources on 

campus, and the provisions we included in this regulation concerning 

confidential reporting, we believe this regulation strikes the 

appropriate balance between individuals' need for counseling and the 

community's need for complete statistics.

 Changes: None.
Appendix A

The Handbook for Campus Safety and Security Reporting 207

[[Page 59064]]

 Comments: The definition of professional counselor should refer to 

mental health counseling instead of psychological counseling because 

the job description of a professional counselor other than a 

psychologist or psychiatrist might refer to mental health counseling or 

crisis counseling, but would be unlikely to refer to psychological 

counseling. This definition also should refer to independent 

contractors who perform professional counseling for institutions.

 Discussion: We agree with the commenters that changing the 

definition to refer to mental health counseling rather than 

psychological counseling provides a clearer, more precise definition, 

but emphasize that the change does not expand the definition to include 

non-professional or informal counselors.

 We believe that changing the definition by eliminating the 

reference to employee would clarify that the definition refers to the 

nature of the counselor, not the counselor's employment relationship 

with the institution.

 Changes: We changed the definition of professional counselor in 

Sec. 668.46(a) to refer to mental health counseling and to exclude the 

requirement that a professional counselor be an employee of the 

institution.

 Comments: The requirement that institutions provide notice of the 

availability of the annual security report to each prospective employee 

is overly burdensome as that term is defined (an individual who has 

contacted an eligible institution requesting information concerning 

employment with the institution). The definition should be limited to 

individuals who apply for employment. Also, the definition should be 

moved from Sec. 668.46 to Sec. 668.41, because it applies to both 

sections, and the definitions in Sec. 668.41 apply to the entire 

subpart, while those in Sec. 668.46 only apply to that section. 

 Discussion: We do not believe that the definition is unduly 

burdensome, especially given the importance of prospective employees 

being able to make fully informed choices. The requirement applies only 

when an individual requests information from an institution and the 

institution, presumably, either will mail the individual the 

information or tell the individual where to obtain the information. The 

institution simply can include in whatever information it provides the 

individual a brief notice of the availability of the annual security 

report.

 We agree that the definition should be moved to Sec. 668.41.

 Changes: The definition of prospective employee is moved from 

Sec. 668.46(a) to Sec. 668.41(a).

 Comments: Some commenters objected to the requirement in 

Sec. 668.46(b)(2)(ii) that institutions disclose their policies for 

preparing the annual disclosure of crime statistics and requested 

clarification of what this disclosure entails.

 Discussion: This disclosure serves two important purposes. It 

informs the students about how and from what sources the report is 

prepared. Many students may not be aware that a formal police report or 

investigation is not needed in order for a crime report to be included 

in the statistics. This disclosure also requires an institution to 

consider what officials or offices must be canvassed in order to 

prepare a complete report. Incorrectly, some institutions believe that 

only formal police reports need be included; the disclosure allows the 

reader to conclude that all of the proper offices have been canvassed. 

The disclosure need only provide a general description of the process 
Appendix A

208 The Handbook for Campus Safety and Security Reporting

for preparing the report, including the offices surveyed. There is no 

requirement to disclose every detailed step in the report's 

preparation.

 Changes: None.

 Comments: The endorsement of anonymous crime reporting procedures 

is a valuable addition to the regulations. Although incomplete 

anonymous reports raise a number of statistical reporting questions, it 

is a valuable alternative for some crime victims. In some States 

confidential reporting of crime is illegal.

 Discussion: Institutions should note that the regulations refer to 

confidential reporting, not anonymous reporting. The regulations do not 

require institutions to allow confidential reporting. Rather, 

Sec. 668.46(b)(2)(iii) and (4)(iii) require institutions to state 

whether they allow confidential reporting, and if so, to describe their 

procedures for that reporting, including whether the institution 

encourages pastoral counselors and professional counselors, if and when 

they deem it appropriate, to inform the persons they are counseling of 

those procedures. An institution prohibited by State law from allowing 

confidential reporting simply would be required to state that in its 

annual security report.

 Changes: None.

 Comments: Campus judicial processes do not determine whether a 

crime occurred, but rather determine only whether the accused person 

committed an act that violates the institution's rules, policies, or 

code of conduct. Therefore, the Secretary should clarify that referrals 

for alcohol, drug, and weapons law violations are limited to a breach 

of institutional policy, not law.

 Discussion: The requirement that institutions report statistics for 

referrals for campus disciplinary action for alcohol, drug and weapons 

possession refers to violations of law only. For example, if a student 

of legal drinking age in the State in which an institution is located 

violates the institution's ``dry-campus'' policy and is referred for 

campus disciplinary action, that statistic should not be included in 

the institution's crime statistics. We believe that campus judicial 

officials and campus police are capable of determining whether a 

particular alcohol, drug, or weapons violation is a violation of law.

 Changes: None.

 Comment: Most commenters responded to our question regarding 

whether a crime should be recorded for the calendar year in which the 

crime was reported to the institution or the calendar year in which the 

crime occurred. The commenters were largely in favor of recording the 

crime on the date the crime was reported to the institution. The 

commenters indicated that for statistical purposes the FBI collects 

crime data based on when crimes are reported to the police, not on the 

date crimes occur. One reason for this standard is that crimes 

generally are discovered after they occur, making the date of 

occurrence unknown or uncertain. The commenters explained that using 

the date of occurrence creates additional burden for institutions.

 Discussion: We appreciate the responses to our solicitation for 

comment on this issue. We previously have required institutions to 

report crime statistics according to the year in which the crimes 

occurred. However, we are convinced by the weight of the comments that 

we would eliminate a considerable burden on institutions by making this 

reporting requirement consistent with FBI reporting practices, and that 

no crime statistics will go unreported as a result of this change.

 Changes: Section 668.46(c)(2) is revised to require an institution 

to record crime data based on when the crime was reported to a campus 
Appendix A

The Handbook for Campus Safety and Security Reporting 209

security authority.

 Comments: The problem with reporting which crimes are hate crimes 

is an institution's reliance on municipal police departments to provide 

this information. Hate crimes are often a political issue in 

municipalities, which may be reluctant to release information 

concerning hate crimes to an institution.

[[Page 59065]]

 Discussion: We recognize that some institutions must rely on data, 

including hate crime data, from outside agencies. In complying with the 

statistical reporting requirements, an institution must make a 

reasonable, good-faith effort to obtain statistics from outside 

agencies. An institution that makes such an effort is not responsible 

for the agencies' failure to provide the statistics or for verifying 

the accuracy of statistics the agencies provide.

 Changes: None.

 Comments: The requirement that institutions report hate crimes 

related to ``any crime involving bodily injury'' is inconsistent with 

other statistical reporting requirements. To require an institution to 

search for every crime that may have involved personal injury is overly 

burdensome.

 Discussion: The requirement that institutions report hate crimes 

related to any crime involving bodily injury is mandated by the HEA.

 Changes: None.

 Comments: The Secretary should clarify that institutions are not 

required to report statistics for public property that surrounds 

noncampus buildings or property.

 Discussion: These regulations do not require an institution to 

report crime statistics for public property surrounding noncampus 

buildings or property.

 Changes: None.

 Comments: The commenters asked that the preamble make clear that an 

institution must use both the UCR definitions and standards when 

reporting crime.

 Discussion: We reiterate the language of Sec. 668.46(c)(7) that 

requires an institution to use UCR guidance when defining and 

classifying crimes.

 Changes: None.

 Comments: The commenters strongly supported the use of a map to aid 

in the disclosure of crime statistics, and believe that a map would be 

very effective in indicating the areas to be considered in compiling 

these statistics. Some commenters believe that the Department will 

receive complaints or queries from the campus community that a map 

disclosed by an institution does not accurately depict the reporting 

area of a campus and recommended that the Department establish a 

uniform review process for the review of maps so that questions can be 

handled in a timely and efficient manner.

 Discussion: We agree with the commenters that using a map in 

disclosing crime statistics can be very helpful; students and others 

will be able to visualize the areas covered by an institution's annual 

security report. We will not establish a uniform process to review 

institutions' maps. Anyone who believes that an institution is not in 

compliance with the campus security regulations may contact the Office 

of Student Financial Assistance regional office for the State in which 

the institution is located. The addresses and telephone numbers for the 

regional Case Team Managers are at the following Internet address: 
Appendix A

210 The Handbook for Campus Safety and Security Reporting

http://ed.gov/about.html.

 Changes: None.

 Comments: The regulations should define what is meant, for purposes 

of crime log entries, by the nature, date, time and general location of 

each crime. The Department should emphasize that institutions may 

withhold this information only when it is absolutely necessary to 

prevent a breach of victim's confidentiality.

 Discussion: We believe these terms are straightforward and there is 

no need for more prescriptive regulation. However, we emphasize that an 

institution may only withhold this information when it is sufficiently 

clear that the victim's confidentiality is in jeopardy.

 Changes: None.

PART 668--STUDENT ASSISTANCE GENERAL PROVISIONS

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 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 

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 
Appendix A

The Handbook for Campus Safety and Security Reporting 211

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

[[Page 59067]]

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 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;

 (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 
Appendix A

212 The Handbook for Campus Safety and Security Reporting

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, 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 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 
Appendix A

The Handbook for Campus Safety and Security Reporting 213

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)

Sec. 668.46 Institutional security policies and crime statistics.

 (a) Additional definitions that apply to this section.

 Business day: Monday through Friday, excluding any day when the 

institution is closed.

 Campus: (1) 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

 (2) Any building or property that is within or reasonably 

contiguous to the area identified in paragraph (1) of this definition, 

that is owned by the institution but controlled by another person, is 

frequently used by students, and supports institutional purposes (such 

as a food or other retail vendor).

 Campus security authority: (1) A campus police department or a 

campus security department of an institution.

 (2) Any individual or individuals who have responsibility for 

campus security but who do not constitute a campus police department or 

a campus security department under paragraph (1) of this definition, 

such as an individual who is responsible for monitoring entrance into 

institutional property.

 (3) 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.

 (4) An official of an institution who has significant 

responsibility for student and campus activities, including, but not 

limited to, student housing, student discipline, and campus judicial 

proceedings. If such an official is a pastoral or professional 

counselor as defined below, the official is not considered a campus 

security authority when acting as a pastoral or professional counselor.

 Noncampus building or property: (1) Any building or property owned 

or controlled by a student organization that is officially recognized 

by the institution; or

 (2) 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.

 Pastoral counselor: A person who is associated with a religious 
Appendix A

214 The Handbook for Campus Safety and Security Reporting

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.

 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.

 Referred for campus disciplinary action: The referral of any 

student to any campus official who initiates a disciplinary action of 

which a record is kept and which may result in the imposition of a 

sanction.

 (b) Annual security report. An institution must prepare an annual 

security report that contains, at a minimum, the following information:

 (1) The crime statistics described in paragraph (c) of this 

section.

 (2) 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, including--

 (i) Policies for making timely warning reports to members of the 

campus community regarding the occurrence of crimes described in 

paragraph (c)(1) of this section;

 (ii) Policies for preparing the annual disclosure of crime 

statistics; and

 (iii) A list of the titles of each person or organization to whom 

students and employees should report the criminal offenses described in 

paragraph (c)(1) of this section for the purpose of making timely 

warning reports and the annual statistical disclosure. This statement 

must also disclose whether the institution has any policies or 

procedures that allow victims or witnesses to report crimes on a 

voluntary, confidential basis for inclusion in the annual disclosure of 

crime statistics, and, if so, a description of those policies and 

procedures.

 (3) A statement of current policies concerning security of and 

access to campus facilities, including campus residences, and security 

considerations used in the maintenance of campus facilities.

 (4) A statement of current policies concerning campus law 

enforcement that--

 (i) Addresses the enforcement authority of security personnel, 

including their relationship with State and local police agencies and 

whether those security personnel have the authority to arrest 

individuals;

 (ii) Encourages accurate and prompt reporting of all crimes to the 

campus police and the appropriate police agencies; and

 (iii) 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.

 (5) A description of the type and frequency of programs designed to 

inform students and employees about campus security procedures and 

practices and to encourage students and employees to be responsible for 

their own security and the security of others.
Appendix A

The Handbook for Campus Safety and Security Reporting 215

[[Page 59070]]

 (6) A description of programs designed to inform students and 

employees about the prevention of crimes.

 (7) 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.

 (8) A statement of policy regarding the possession, use, and sale 

of alcoholic beverages and enforcement of State underage drinking laws.

 (9) A statement of policy regarding the possession, use, and sale 

of illegal drugs and enforcement of Federal and State drug laws.

 (10) 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 the institution uses to comply with section 120(a) 

through (d) of the HEA.

 (11) 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--

 (i) A description of educational programs to promote the awareness 

of rape, acquaintance rape, and other forcible and nonforcible sex 

offenses;

 (ii) 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;

 (iii) 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;

 (iv) Notification to students of existing on- and off-campus 

counseling, mental health, or other student services for victims of sex 

offenses;

 (v) Notification to students that the institution will change a 

victim's academic and living situations after an alleged sex offense 

and of the options for those changes, if those changes are requested by 

the victim and are reasonably available;

 (vi) Procedures for campus disciplinary action in cases of an 

alleged sex offense, including a clear statement that--

 (A) The accuser and the accused are entitled to the same 

opportunities to have others present during a disciplinary proceeding; 

and

 (B) Both the accuser and the accused must be informed of the 

outcome of any institutional disciplinary proceeding brought alleging a 

sex offense. Compliance with this paragraph does not constitute a 

violation of the Family Educational Rights and Privacy Act (20 U.S.C. 

1232g). 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; and

 (vii) 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.
Appendix A

216 The Handbook for Campus Safety and Security Reporting

 (c) Crime statistics. (1) Crimes that must be reported. An 

institution must report statistics for the three most recent calendar 

years concerning the occurrence on campus, in or on noncampus buildings 

or property, and on public property of the following that are reported 

to local police agencies or to a campus security authority:

 (i) Criminal homicide:

 (A) Murder and nonnegligent manslaughter.

 (B) Negligent manslaughter.

 (ii) Sex offenses:

 (A) Forcible sex offenses.

 (B) Nonforcible sex offenses.

 (iii) Robbery.

 (iv) Aggravated assault.

 (v) Burglary.

 (vi) Motor vehicle theft.

 (vii) Arson.

 (viii) (A) Arrests for liquor law violations, drug law violations, 

and illegal weapons possession.

 (B) Persons not included in paragraph (c)(1)(viii)(A) of this 

section, who were referred for campus disciplinary action for liquor 

law violations, drug law violations, and illegal weapons possession.

 (2) Recording crimes. An institution must record a crime statistic 

in its annual security report for the calendar year in which the crime 

was reported to a campus security authority.

 (3) Reported crimes if a hate crime. An institution must report, by 

category of prejudice, any crime it reports pursuant to paragraphs 

(c)(1)(i) through (vii) of this section, and any other crime involving 

bodily injury reported to local police agencies or to a campus security 

authority, that manifest evidence that the victim was intentionally 

selected because of the victim's actual or perceived race, gender, 

religion, sexual orientation, ethnicity, or disability.

 (4) Crimes by location. The institution must provide a geographic 

breakdown of the statistics reported under paragraphs (c)(1) and (3) of 

this section according to the following categories:

 (i) On campus.

 (ii) Of the crimes in paragraph (c)(4)(i) of this section, the 

number of crimes that took place in dormitories or other residential 

facilities for students on campus.

 (iii) In or on a noncampus building or property.

 (iv) On public property.

 (5) Identification of the victim or the accused. The statistics 

required under paragraphs (c)(1) and (3) of this section may not 

include the identification of the victim or the person accused of 

committing the crime.

 (6) Pastoral and professional counselor. An institution is not 

required to report statistics under paragraphs (c)(1) and (3) of this 

section for crimes reported to a pastoral or professional counselor.

 (7) UCR definitions. An institution must compile the crime 

statistics required under paragraphs (c)(1) and (3) of this section 

using the definitions of crimes provided in Appendix E to this part and 

the Federal Bureau of Investigation's Uniform Crime Reporting (UCR) 

Hate Crime Data Collection Guidelines and Training Guide for Hate Crime 

Data Collection. For further guidance concerning the application of 

definitions and classification of crimes, an institution must use 

either the UCR Reporting Handbook or the UCR Reporting Handbook: NIBRS 

EDITION, except that in determining how to report crimes committed in a 

multiple-offense situation an institution must use the UCR Reporting 
Appendix A

The Handbook for Campus Safety and Security Reporting 217

Handbook. Copies of the UCR publications referenced in this paragraph 

are available from: FBI, Communications Unit, 1000 Custer Hollow Road, 

Clarksburg, WV 26306 (telephone: 304-625-2823).

 (8) Use of a map. In complying with the statistical reporting 

requirements under paragraphs (c)(1) and (3) of this section, an 

institution may provide a map to current and prospective students and 

employees that depicts its campus, noncampus buildings or property, and 

public property areas if the map accurately depicts its campus, 

noncampus buildings or property, and public property areas.

 (9) Statistics from police agencies. In complying with the 

statistical reporting requirements under paragraphs (c)(1) through (4) 

of this section, an institution must make a reasonable, good faith 

effort to obtain the required statistics and may rely on the 

information supplied by a local or State police

[[Page 59071]]

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.

 (d) Separate campus. An institution must comply with the 

requirements of this section for each separate campus.

 (e) Timely warning. (1) An institution must, in a manner that is 

timely and will aid in the prevention of similar crimes, report to the 

campus community on crimes that are--

 (i) Described in paragraph (c)(1) and (3) of this section;

 (ii) Reported to campus security authorities as identified under 

the institution's statement of current campus policies pursuant to 

paragraph (b)(2) of this section or local police agencies; and

 (iii) Considered by the institution to represent a threat to 

students and employees.

 (2) An institution is not required to provide a timely warning with 

respect to crimes reported to a pastoral or professional counselor.

 (f) Crime log. (1) An institution that maintains a campus police or 

a campus security department must maintain a written, easily understood 

daily crime log that records, by the date the crime was reported, any 

crime that occurred on campus, on a noncampus building or property, on 

public property, or within the patrol jurisdiction of the campus police 

or the campus security department and is reported to the campus police 

or the campus security department. This log must include--

 (i) The nature, date, time, and general location of each crime; and

 (ii) The disposition of the complaint, if known.

 (2) The institution must make an entry or an addition to an entry 

to the log within two business days, as defined under paragraph (a) of 

this section, of the report of the information to the campus police or 

the campus security department, unless that disclosure is prohibited by 

law or would jeopardize the confidentiality of the victim.

 (3)(i) An institution may withhold information required under 

paragraphs (f)(1) and (2) of this section if there is clear and 

convincing evidence that the release of the information would--

 (A) Jeopardize an ongoing criminal investigation or the safety of 

an individual;

 (B) Cause a suspect to flee or evade detection; or

 (C) Result in the destruction of evidence.

 (ii) The institution must disclose any information withheld under 

paragraph (f)(3)(i) of this section once the adverse effect described 

in that paragraph is no longer likely to occur.
Appendix A

218 The Handbook for Campus Safety and Security Reporting

 (4) An institution may withhold under paragraphs (f)(2) and (3) of 

this section only that information that would cause the adverse effects 

described in those paragraphs.

 (5) The institution must make the crime log for the most recent 60- 

day period open to public inspection during normal business hours. The 

institution must make any portion of the log older than 60 days 

available within two business days of a request for public inspection.

(Approved by the Office of Management and Budget under control 

number 1845-0022)

(Authority: 20 U.S.C. 1092)

Appendix E to Part 668--Crime Definitions in Accordance With the 

Federal Bureau of Investigation's Uniform Crime Reporting Program

* * * * *

Crime Definitions From the Uniform Crime Reporting Handbook

Arson

 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.

Criminal Homicide--Manslaughter by Negligence

 The killing of another person through gross negligence.

Criminal Homicide--Murder and Nonnegligent Manslaughter

 The willful (nonnegligent) killing of one human being by 

another.

* * * * *

[FR Doc. 99-28273 Filed 10-29-99; 8:45 am]

BILLING CODE 4000-01-U 
Appendix A

The Handbook for Campus Safety and Security Reporting 219

A-2. Federal Register, Oct. 31, 2002 (Vol. 67, No. 211), 

Student Assistance General Provision; Final Rule.

34 CFR 668.46, Institutional Security Policies and Crime Statistics 

This document was copied from the Federal Register for Oct. 31, 2002. It contains the 

regulations for 34 CFR 668.46, Institutional Security Policies and Crime Statistics. The text was 

retrieved from: http://frwebgate.access.gpo.gov/cgibin/getdoc.cgi?dbname=2002_register&docid=02-27599-filed

[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]]

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Part IV

Department of Education

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34 CFR Part 668

Student Assistance General Provisions; Final Rule

[[Page 66520]]

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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 

must include a new disclosure in their annual security reports that are 
Appendix A

220 The Handbook for Campus Safety and Security Reporting

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

The Handbook for Campus Safety and Security Reporting 221

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 

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 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.

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

222 The Handbook for Campus Safety and Security Reporting

 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

The Handbook for Campus Safety and Security Reporting 223

A-3. Federal Register, Oct. 29, 2009 (Vol. 74, No. 208), 

General and Non-Loan Programmatic Issues; Final Rule.

34 CRF 668.41, Reporting and Disclosure of Information 

34 CRF 668.46, Institutional Security Policies and Crime Statistics 

34 CFR 668.49, Institutional Fire Safety Policies and Fire Statistics 

This document contains text that was taken from the Federal Register for Oct. 29, 2009. It is not 

the complete Federal Register for that date. It contains the regulations for 34 CFR 668.41, 

Reporting and Disclosure of Information; 34 CFR 668.46, Institutional Security Policies and 

Crime Statistics; and 34 CFR 668.49, Institutional Fire Safety Policies and Fire Statistics. This 

text was retrieved from: http://edocket.access.gpo.gov/2009/E9-25373.htm. 

[Federal Register: October 29, 2009 (Volume 74, Number 208)]

[Rules and Regulations] 

[Page 55901-55969]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr29oc09-24] 

[[Page 55901]]

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Part II

Department of Education

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34 CFR Parts 600, 668, 675, et al.

General and Non-Loan Programmatic Issues; Final Rule

[[Page 55902]]

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DEPARTMENT OF EDUCATION

[Docket ID ED-2009-OPE-0005]

34 CFR Parts 600, 668, 675, 686, 690, and 692

RIN 1840-AC99

General and Non-Loan Programmatic Issues

AGENCY: Office of Postsecondary Education, Department of Education.
Appendix A

224 The Handbook for Campus Safety and Security Reporting

ACTION: Final regulations.

-----------------------------------------------------------------------

SUMMARY: The Secretary amends the regulations for Institutional 

Eligibility Under the Higher Education Act of 1965, the Student 

Assistance General Provisions, the Federal Work-Study (FWS) Programs, 

the Teacher Education Assistance for College and Higher Education 

(TEACH) Grant Program, the Federal Pell Grant Program, and the 

Leveraging Educational Assistance Partnership Program (LEAP) to 

implement various general and non-loan provisions of the Higher 

Education Act of 1965 (HEA), as amended by the Higher Education 

Opportunity Act of 2008 (HEOA) and other recently enacted legislation.

DATES: Effective Date: These regulations are effective July 1, 2010.

 Implementation date: The Secretary has determined, in accordance 

with section 482(c)(2)(A) of the HEA, that institutions may, at their 

discretion, choose to implement the new and amended provisions of 

Sec. Sec. 600.32(d), 668.28, 668.23(d)(4), 668.43, 675.16, 675.18(g), 

675.18(i), 686.41, and 686.42 on or after November 1, 2009. For further 

information, see the section entitled Implementation Date of These 

Regulations in the SUPPLEMENTARY INFORMATION section of this preamble.

FOR FURTHER INFORMATION CONTACT: 

 For information related to the provisions for fire safety 

standards, missing students procedures, hate crime reporting, emergency 

response and evacuation, and students with intellectual disabilities, 

Jessica Finkel. Telephone: (202) 502-7647 or via the Internet at: 

Jessica.Finkel@ed.gov. 

 For information related to the consumer information requirements, 

Brian Kerrigan. Telephone: (202) 219-7058 or via the Internet at: 

Brian.Kerrigan@ed.gov. 

 If you use a telecommunications device for the deaf (TDD), call the 

Federal Relay Service (FRS), toll free, at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: On August 21, 2009, the Secretary published 

a notice of proposed rulemaking (NPRM) for general and non-loan 

programmatic issues in the Federal Register (74 FR 42380).

 In the preamble to the NPRM, the Secretary discussed on pages 42383 

through 42415 the major regulations proposed in that document to 

implement provisions of the HEOA, including the following:

 Amending Sec. 668.41(e) to provide that institutions that 

maintain on-campus housing facilities must publish annually a fire 

safety report, maintain a fire log, and report fire statistics to the 

Department.

 Amending Sec. 668.46 by adding paragraph (h) to require 

institutions that provide on-campus housing facilities to develop and 

make available a missing student notification policy and allow students 

who reside on campus to confidentially register contact information.

 Amending Sec. 668.46(c) to expand the list of crimes that 

institutions must include in the hate crimes statistics reported to the 

Department.

 Amending Sec. 668.46 by adding paragraph (g) to require 
Appendix A

The Handbook for Campus Safety and Security Reporting 225

institutions to include in their annual security report a statement of 

emergency response and evacuation procedures.

Analysis of Comments and Changes

 Except as noted under Waiver of Proposed Rulemaking for Additional 

Conforming Changes, the regulations in this document were developed 

through the use of negotiated rulemaking. Section 492 of the HEA 

requires that, before publishing any proposed regulations to implement 

programs under title IV of the HEA, the Secretary must obtain public 

involvement in the development of the proposed regulations. After 

obtaining advice and recommendations, the Secretary must conduct a 

negotiated rulemaking process to develop the proposed regulations. The 

negotiated rulemaking committee did not reach consensus on the proposed 

regulations that were published on August 21, 2009. The Secretary 

invited comments on the proposed regulations by September 21, 2009. 

More than 113 parties submitted comments, a number of which were 

substantially similar. An analysis of the comments and of the changes 

in the regulations since publication of the NPRM follows.

 We group major issues according to subject, with appropriate 

sections of the regulations referenced in parentheses. We discuss other 

substantive issues under the sections of the regulations to which they 

pertain. Generally, we do not address minor, non-substantive changes, 

recommended changes that the law does not authorize the Secretary to 

make, or comments pertaining to operational processes. We also do not 

address comments pertaining to issues that were not within the scope of 

the NPRM.

Part 668 Student Assistance General Provisions

Campus Safety Provisions

Reporting and Disclosure of Information (Sec. 668.41(a))

 Comment: One commenter requested clarification of what would be 

considered an ``on-campus student housing facility.'' Specifically, the 

commenter questioned how this definition should be applied in cases in 

which there are public-private partnerships or third parties who may 

own or control property on areas contiguous to the campus or on 

university-owned property.

 Discussion: The Department recognizes that there are a myriad of 

possible arrangements that an institution may have for housing 

facilities for students. Regarding whether a particular student housing 

facility is an ``on-campus'' facility, we refer to the current 

definition of the term ``campus'' in Sec. 668.46(a). To clarify, any 

student housing facility that is owned or controlled by the 

institution, or is located on property that is owned or controlled by 

the institution, and is within the reasonably contiguous geographic 

area that makes up the campus is considered an on-campus student 

housing facility.

 Changes: None.

Missing Student Notification Procedures (Sec. 668.46(h))

 Comment: A number of commenters requested clarification of how the 

proposed requirement in Sec. 668.46(h) relates to requirements under 
Appendix A

226 The Handbook for Campus Safety and Security Reporting

the Family Educational Rights and Privacy Act (FERPA). Under this 

section, institutions must provide students living in an on-campus 

student housing facility an option to register a confidential contact 

person to be notified in the case that the student is determined 

missing.

 Discussion: Although missing student contact information would be 

considered part of a student's education records under FERPA, section 

485(j) of the HEA, as amended by section 488(g) of the HEOA, requires 

that students be provided the option to register ``confidential'' 

contact information. This indicates that a student's contact 

information should receive greater privacy protections than FERPA 

provides. Under section 485(j) of the HEA, only authorized campus 

officials and law enforcement officers in furtherance of a missing 

person investigation may have access to this confidential contact 

information. We view a student's identification of a contact person 

pursuant to section 485(j) of the HEA and Sec. 668.46(h) as providing 

permission for law enforcement personnel to contact the identified 

individual under the circumstances identified in these statutory and 

regulatory provisions.

 Changes: None.

 Comment: Some commenters expressed concern that the proposed 

notification procedures in Sec. 668.46(h)(2) may lead to unnecessary 

alarm on the part of parents, guardians, and emergency contact persons, 

as well as a needless burden on campus and local law enforcement 

agencies. Specifically, they requested clarification that the 

notification procedures would only take effect if, after a brief 

investigation, the missing student report is found to be valid. In 

addition, several commenters requested clarification about the 24 hour 

time period requirements associated with the notification procedures, 

suggesting that an institution's policy statement must explicitly state 

that the institution must make the notification within 24 hours after 

an official determination has been made that the student has been 

missing for 24 hours.

 Discussion: The proposed regulations in Sec. 668.46(h)(2) specify 

that an institution's notification procedures must go into effect 

within 24 hours after a student has been officially determined to have 

been missing for 24 hours by the

[[Page 55913]]

campus security department or local law enforcement agency, as 

applicable. This does not preclude an institution from either making a 

determination that a student is missing before the student has been 

missing for a full 24 hours or initiating notification procedures as 

soon as it determines that the student is missing. A brief 

investigation as suggested by the commenter would presumably be 

included in this official determination, e.g., authorities could check 

sources such as Facebook in trying to determine whether the student is 

missing. We agree, nevertheless, that the regulations could be clearer 

in delineating the 24 hour time periods.

 Changes: Section 668.46(h) is revised to clarify the time frame 

within which notification must occur.

 Comment: A commenter stated that the regulations in Sec. 668.46 

were unclear and suggested a new structure.

 Discussion: We reviewed the commenter's suggested language, but we 

continue to believe the current structure is sufficiently clear. This 

language reflects the tentative agreement reached by the Team V 
Appendix A

The Handbook for Campus Safety and Security Reporting 227

committee during negotiated rulemaking, and the Department wishes to 

preserve this agreement.

 Changes: None.

Annual Fire Safety Report--Definitions of Terms (Sec. 668.49(a))

 Comment: One commenter suggested that the definition of value of 

property damage should be revised to include only the damage to 

property, furnishings, and equipment that is owned, leased, or 

otherwise controlled by the institution. The commenter argued that it 

could be burdensome for institutions to determine the value of property 

and contents that are owned by third parties and that this information 

could be deemed private by the other party. In addition, the commenter 

suggested that institutions should have the option to provide 

explanatory text and clarifying information for estimates of property 

damage. The concern was that a high dollar value may create false 

concern as to the safety on campus, when in reality, a high value could 

be from damage to a single piece of expensive equipment.

 Discussion: The definition of the value of property damage applies 

to an on-campus student housing facility and includes the value of 

property and the contents within. The Department recognizes that many 

of the contents on a property may be owned by third parties. However, 

because the statute requires that information be provided about damage 

caused by fires in on-campus student housing facilities, this estimate 

should include the value of property that is not owned or controlled by 

the institution. Although an institution may not be able to determine 

the exact value of the contents, it must give the most accurate 

estimate possible in order to be in compliance with the regulation. 

With regard to explanatory text, institutions have the flexibility to 

include additional information in the annual fire safety report. In 

reporting statistics to the Department, the Web-based collection tool 

will include space for institutions to include explanatory text for 

each item that will be viewable on the public Web site.

 Changes: None.

 Comment: One commenter stated that the definition of fire in Sec. 

668.49(a) was ambiguous and needed to be clarified. Specifically, the 

commenter suggested that phrases such as ``open flame or other burning 

in a place not intended to contain the burning or in an uncontrolled 

manner'' and ``place'' could be interpreted differently by institutions 

and, therefore, could undermine the consistency of the definition of 

``fire'' for statistical and comparative purposes. Further, the 

commenter suggested an alternate definition drawn from insurance law 

that would include the concept of a ``hostile fire,'' or one that 

includes any combustion that cannot be controlled, escapes from where 

it was initially set and confined, and that was not intended to exist. 

The commenter also questioned the feasibility of gathering statistics 

on each instance of a fire that does not result in injury, death, or 

property damage, suggesting that reports of insignificant fires will 

obscure attention to serious fire problems or trends.

 Discussion: Section 485(i)(1)(A) of the HEA requires that 

institutions collect and report statistics on the number of fires in 

each on-campus student housing facility, and section 485(i)(3) of the 

HEA further requires that institutions maintain a log of all fires that 

occur in any on-campus student housing facility. The Department and 

non-Federal negotiators worked diligently to define the term fire, 

understanding that it is difficult to devise a definition that will 

cover all of the fires that we intend to be included yet still exclude 
Appendix A

228 The Handbook for Campus Safety and Security Reporting

the ones that we do not. The negotiators reached a tentative agreement 

on the definition of fire, and the Department wishes to preserve this 

language. We continue to believe that the definition set forth in the 

proposed regulations can reasonably be interpreted and applied by 

institutions.

 In addition, under the HEA all fires will be included in the 

institution's statistics and in the fire log. Therefore, the definition 

of fire arguably may not be limited to only fires that result in 

injury, death, or property damage. Further, as stated in the preamble 

to the NPRM, an institution's policies regarding fire safety do not 

affect the classification of whether a fire meets the definition of 

fire. As an example, one commenter suggested that a candle wick might 

be a ``place'' that is intended to contain burning, but that student 

residence hall policies might prohibit candles, rendering the candle 

wick no longer a ``place'' intended to contain a flame because the 

candle should not be there at all. However, a candle wick is still a 

place intended to contain burning, regardless of whether candles are 

prohibited under an institution's policies. The Department anticipates 

including additional examples in a revised version of the Handbook for 

Campus Crime Reporting to provide guidance to institutions in complying 

with these regulations.

 Changes: None.

Annual Fire Safety Report--Statistics (Sec. 668.49(b) and (c))

 Comment: One commenter suggested that an institution should not be 

responsible for tracking an individual with a fire-related injury who 

has separated from the university for the purpose of potentially 

including that individual in the institution's statistics on firerelated deaths. If that individual dies within one year of sustaining 

injuries as a result of a fire, then the institution may not know 

whether that individual died as a result of those injuries.

 Discussion: The regulations do not require an institution to track 

an individual that separates from, and is no longer in contact with, 

the institution. However, the institution is expected to make a 

reasonable effort to ascertain whether an individual's death is 

considered a fire-related death, as defined in Sec. 668.49(a). For 

example, if an individual with fire-related injuries is hospitalized a 

few miles from the institution, the institution may reasonably be 

expected to track this person for potential inclusion in the 

institution's statistics. By contrast, if an individual separates from 

the institution and travels to another country, the institution may not 

be expected to track them for inclusion in the institution's 

statistics.

 Changes: None.

Annual Fire Safety Report--Description of Policies (Sec. 668.49(b))

 Comment: One commenter suggested that we revise the language 

related to the reporting of fire statistics under

[[Page 55914]]

proposed Sec. 668.49 to specify that these statistics include fires 

that are reported to a ``campus fire authority.''

 Discussion: Institutions are expected to collect information about, 
Appendix A

The Handbook for Campus Safety and Security Reporting 229

and report on, all fires regardless of whether they were reported to a 

campus fire authority. Fires may be reported to a variety of 

authorities at an institution other than a campus fire authority (e.g., 

to a residence life officer). The intent of the regulations is to 

include these fires in an institution's statistics and fire log.

 Changes: None.

 Comment: Two commenters suggested that the Department require that 

institutions have fire doors and other doors in the path of exit from a 

fire inspected at least annually and disclose in their annual fire 

safety report how often the doors are inspected. The commenters noted 

that proper maintenance and inspection of every fire safety system 

element is critical to ensure that these elements can function in the 

case of a fire.

 Discussion: We define a fire safety system in Sec. 668.49(a) as 

``any mechanism or system related to the detection of a fire, the 

warning resulting from a fire, or the control of a fire,'' listing 

elements including, among others, sprinkler systems, fire detection 

devices, stand-alone smoke alarms, and fire doors and walls as examples 

of what might be included in a fire safety system. The commenter 

correctly states that maintenance and inspection of a fire safety 

system can help ensure that the elements are properly functioning. 

Institutions are required to describe the fire safety system in each 

on-campus student housing facility, and an institution may provide 

information about how often the elements of each fire safety system are 

inspected or maintained in this description. The Department expects 

that an institution will adequately maintain the elements of its fire 

safety systems. However, we do not intend to specify a maintenance or 

inspection schedule for each of these elements.

 Changes: None.

Annual Fire Safety Report--General (Sec. 668.49)

 Comment: One commenter suggested a number of minor changes to a 

variety of provisions, including:

 Replacing the phrase ``may include'' in the definition of 

a fire-related injury in Sec. 668.49(a) with the word ``includes'';

 Replacing the words ``faculty, staff'' in the definition 

of a fire-related injury in Sec. 668.49(a) and in the requirement that 

an institution include policies regarding fire safety education and 

training programs in its annual fire safety report in Sec. 

668.49(b)(6) with the word ``employees'';

 Replacing the words ``resulting from'' in the definition 

of a fire-safety system in Sec. 668.49(a) with ``of'';

 Replacing the phrase ``smoke, water, and overhaul'' in the 

definition of value of property damage in Sec. 668.49(a) with ``smoke 

and water''; and

 Revising the Sec. 668.49(c)(1)(ii) to read ``The number 

of persons who received fire-related injuries that resulted in 

treatment at a medical facility, including at an on-campus health 

center.''

 Discussion: We agree to make some of these changes. In particular, 

we agree with the commenter that institutions should include the number 

of persons who received fire-related injuries, as opposed to the actual 

number of injuries, as a single person may have more than one injury. 

We also agree that the term ``employees'' is more precise than the 

words ``faculty, staff'' and have revised the regulations accordingly.

 Changes: We have revised the language in Sec. 668.49(c)(1)(ii) to 
Appendix A

230 The Handbook for Campus Safety and Security Reporting

clarify that the number of injuries refers to the number of people with 

fire-related injuries. We have also replaced the words ``faculty, 

staff'' with the word ``employees'' in both Sec. 668.49(a) and Sec. 

668.49(b)(6).

 Comment: One commenter suggested that we revise Sec. 668.43 to 

include two additional disclosures specified in the HEOA that require 

institutions to disclose their policies on vaccination, and information 

on diversity of the student body.

 Discussion: The Department is not addressing all of the selfimplementing provisions of the HEOA in these regulations. We intend to 

publish separate regulations covering these new disclosures.

 Changes: None.

Campus Safety Provisions

Section 668.46(c)(3)--Hate Crime Reporting

 The final regulations add the crimes of ``larceny-theft,'' ``simple 

assault,'' ``intimidation,'' and ``destruction/damage/vandalism of 

property'' to the crimes that must be reported in hate crime 

statistics. Additionally, the final regulations update the definitions 

of the terms ``Weapons: carrying, possessing, etc.,'' ``Drug abuse 

violations,'' and ``Liquor law violations'' which are excerpted from 

the Federal Bureau of Investigation's Uniform Crime Reporting Program, 

to reflect changes made by the FBI to these definitions in 2004.

 We estimate that the final regulations will increase burden for 

institutions by 5,695 hours in OMB Control Number 1845-0022.

Reporting Emergency Response and Evacuation Procedures

Section 668.46(e)--Timely Warning and Emergency Notification

 The final regulations clarify the difference between the existing 

timely warning requirement and the new requirement for an emergency 

notification policy. While a timely warning must be issued in response 

to specific crimes, an emergency notification is required in the case 

of an immediate threat to the health or safety of students or employees 

occurring on campus. The final language clarifies that an institution 

that follows its emergency notification procedures is not required to 

issue a timely warning based on the same circumstances; however, the 

institution must provide adequate follow-up information to the 

community as needed.

 We estimate that the final regulations will increase burden for 

institutions by 1,424 hours in OMB Control Number 1845-0022.

Section 668.46(g)--Emergency Response and Evacuation Procedures

 The final regulations outline the elements that an institution must 

include in its statement of policy

[[Page 55927]]

describing its emergency response and evacuating procedures in its 

annual security report to include the following:

 Procedures to immediately notify the campus community upon the 

confirmation of a significant emergency or dangerous situation 
Appendix A

The Handbook for Campus Safety and Security Reporting 231

involving an immediate threat occurring on the campus.

 A description of the process that (1) confirms that there is a 

significant emergency or dangerous situation, (2) determines the 

appropriate segment or segments of the campus community to receive a 

notification, (3) determines the content of the notification, and (4) 

initiates the notification system.

 A statement that the institution will, without delay, and taking 

into account the safety of the community, determine the content of the 

notification and initiate the notification system, unless issuing the 

notification will, in the professional judgment of responsible 

authorities, compromise efforts to assist a victim or to contain, 

respond to, or otherwise mitigate the emergency.

 A list of the titles of the persons or organizations responsible 

for carrying out the actions required.

 Procedures for disseminating emergency information to the larger 

community.

 Procedures for testing its emergency response and evacuation 

procedures on at least an annual basis with at least one test per 

calendar year, and be documented, including a description of the 

exercise, the date, time, and if it was announced or unannounced.

 We estimate that the final regulations will increase burden for 

institutions by 11,390 hours in OMB Control Number 1845-0022.

Missing Student Procedure

Section 668.41(a)--Definition of On-Campus Student Housing Facility

 The final regulations in Sec. 668.41(a) would add a definition of 

the term on-campus student housing facility to mean a dormitory or 

other residential facility for students that is located on an 

institution's campus.

 The final definition is added to clarify what is meant by on-campus 

student housing facility and to link the meaning of ``on-campus'' to 

the current regulatory definition of campus in Sec. 668.46(a), which 

is used for crime reporting under Sec. 668.46(c). The final change is 

to a definition and does not impact burden.

 While the current regulations point to both OMB 1845-0004 and OMB 

1845-0010, OMB 1845-0010 has recently been discontinued. We estimate 

that there is no change in burden associated with this section of the 

regulations as reported under OMB Control Number 1845-0004.

Section 668.46(b)--Annual Security Report

 The final regulations in Sec. 668.46(b) require an institution to 

include its missing student notification policy and procedures in its 

annual security report. This is required beginning with the annual 

security report distributed by October 1, 2010.

 We estimate that the final regulations will increase burden for 

institutions by 456 hours for an increase in burden in OMB Control 

Number 1845-0022.

Section 668.46(h)--Missing Student Notification Policy

 The final regulations in Sec. 668.46(h) implement the new 

statutory requirements, specifying that a statement of policy regarding 
Appendix A

232 The Handbook for Campus Safety and Security Reporting

missing student notification for students residing in on-campus student 

housing facilities must include:

 A list of the titles of the persons or organizations to which 

students, employees, or other individuals should report that a student 

has been missing for 24 hours;

 A requirement that any official missing student report be 

immediately referred to the institution's police or campus security 

department or, if not applicable, to the local law enforcement agency 

with jurisdiction in the area;

 The option for each student to identify a contact person to be 

notified if the student is determined missing by the institutional 

police or campus security department, or the local law enforcement 

agency; and

 A disclosure that contact information will be registered and 

maintained confidentially.

 The final regulations further require an institution to advise 

students who are under 18 and not emancipated that if the student is 

missing, it will notify a custodial parent or guardian in addition to 

any contact person designated by the student. All students must also be 

advised that, regardless of whether they name a contact person, the 

institution must notify the local law enforcement agency that the 

student is missing, unless the local law enforcement was the entity 

that determined that the student is missing.

 The final regulations reflect the new statutory requirements. These 

regulations do not preclude the institution from contacting the 

student's contact person or the parent immediately upon determination 

that the student has been missing for 24 hours.

 We estimate that the final regulations will increase burden for 

institutions by 2,423 hours for an increase in burden in OMB Control 

Number 1845-0022.

Fire Safety Standards

Section 668.41(e)--Annual Fire Safety Report

 The final regulations provide that institutions that maintain an 

on-campus student housing facility must distribute an annual fire 

safety report and to create publication requirements for the annual 

fire safety report that are similar to the long-standing rules for the 

annual security report.

 The final regulations allow an institution to publish the annual 

security report and the annual fire safety report together, as long as 

the title of the document clearly states that it contains both the 

annual security report and the annual fire safety report. If an 

institution chooses to publish the reports separately, it would have to 

include information in each of the two reports about how to directly 

access the other report.

 While the current regulations point to both OMB 1845-0004 and OMB 

1845-0010, OMB 1845-0010 has recently been discontinued. The burden 

associated with the data collection and reporting for the annual fire 

safety report is reflected in Sec. 668.49 as reported under OMB 

Control Number 1845-NEW3.

Section 668.49--Annual Fire Safety Report

 The final regulations define the following terms relevant to the 
Appendix A

The Handbook for Campus Safety and Security Reporting 233

fire safety reporting requirements: Cause of fire; Fire; Fire drill; 

Fire-related injury; Fire-related death; Fire-safety system; and Value 

of property damage.

 The final regulations require an institution to report to the 

public, the statistics that it submits to the Department in its annual 

fire safety report. The institution must provide data for the three 

most recent calendar years for which data are available. The first full 

report to contain the full three years of data would be the report due 

on October 1, 2012.

 The final regulations outline the elements that an institution must 

disclose in its annual fire safety report, including: Fire statistics; 

A description of each on-campus student housing facility fire safety 

system; The number of regular, mandatory, supervised fire drills held 

during the previous calendar year; Policies or rules on portable 

electrical appliances, smoking, and open flames in student housing 

facilities; Procedures for student

[[Page 55928]]

housing evacuation in the case of a fire; Policies on fire safety 

education and training programs provided to students, faculty, and 

staff; A list of the titles of each person or organization to which 

students and employees should report that a fire has occurred; and 

Plans for future improvements in fire safety.

 The final regulations specify that an institution that maintains an 

on-campus student housing facility must maintain a written and easily 

understood fire log that records, by the date that the fire was 

reported (as opposed to by the date that the fire occurred), any fire 

that occurred in an on-campus student housing facility. The log would 

have to include the nature, date, time, and general location of each 

fire, and require that the log be available for the public. These final 

regulations also implement the statutory requirement that an 

institution make an annual report to the campus community on the fires 

recorded in the fire log; however, this requirement may be satisfied by 

the annual fire safety report described in final Sec. 668.49(b).

 We estimate that the final regulations will increase burden for 

institutions by 7,283 hours in OMB Control Number 1845-NEW3.

668.46(c)(3), (e), (g)...... Expanding the list 

 of crimes that 

 institutions must 

 include in the hate 

 crimes statistics

 reported to the

 Department.

 Requiring

 institutions to

 include in the

 annual security

 report a statement

 of emergency

 response and

 evacuation

 procedures (see

 section 485(f) of

 the HEA).

 OMB 1845-0022. There

 will be an increase

 in burden of 18,509

 hours.

 

 

668.41(a)................... Requiring OMB 1845-0004. There
Appendix A

234 The Handbook for Campus Safety and Security Reporting

 institutions that is no change in

 burden associated

 with this section

 of the final

 regulations.

provide on-campus 

housing facilities 

to develop and make

available a missing

student

notification policy

and allow students

who reside on

campus to

confidentially

register contact

information (see

section 485(j) of

668.46(b), (h).............. Requiring 

institutions that 

provide on-campus 

housing facilities 

to develop and make

available a missing

student

notification policy

and allow students

who reside on

campus to

confidentially

register contact

information (see

section 485(j) of

the HEA).

OMB 1845-0022. There

 will be an increase

 in burden of 2,879

 hours.

 

668.41(e)................... Establishing OMB 1845-0004. There

 is no change in

 burden associated

 with this section

 of the final

 regulations.

 requirements for 

 institutions that 

 maintain on-campus 

 housing facilities 

 to publish annually 

 a fire safety

 report, maintain a

 fire log, and

 report fire

 statistics to the

 Department (see

 section 485(i) of

 the HEA).

 

668.49...................... Establishing 

 requirements for 

 institutions that 

 maintain on-campus 

 housing facilities 

 to publish annually 

 a fire safety 

 report, maintain a 

 fire log, and 

 report fire 

 statistics to the 

 Department (see

OMB 1845-NEW3. There

 will be a new

 collection. A

 separate 60-day

 Federal Register

 notice will be

 published to

 solicit comments.

 There will be an

 increase in burden

 of 7,283 hours.

 
Appendix A

The Handbook for Campus Safety and Security Reporting 235

 section 485(i) of

the HEA).

[[Page 55943]]

Sec. 668.41 Reporting and disclosure of information.

 (a) * * *

 On-campus student housing facility: A dormitory or other 

residential facility for students that is located on an institution's 

campus, as defined in Sec. 668.46(a).

* * * * *

 (d) General disclosures for enrolled or prospective students. An 

institution must make available to any enrolled student or prospective 

student through appropriate publications, mailings or electronic media, 

information concerning--

 (e) Annual security report and annual fire safety report. (1) 

Enrolled students and current employees--annual security report and 

annual fire safety 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), and, if the 

institution maintains an on-campus student housing facility, its annual 

fire safety report described in Sec. 668.49(b), through appropriate 

publications and mailings, including--

 (i) Direct mailing to each individual through the U.S. Postal 

Service, campus mail, or electronic mail;

 (ii) A publication or publications provided directly to each 

individual; or

 (iii) Posting on an Internet Web site or an Intranet Web site, 

subject to paragraph (e)(2) and (3) of this section.

 (2) Enrolled students--annual security report and annual fire 

safety report. If an institution chooses to distribute either its 

annual security report or annual fire safety report to enrolled 

students by posting the disclosure or disclosures on an Internet Web 

site or an Intranet Web site, the institution must comply with the 

requirements of paragraph (c)(2) of this section.

 (3) Current employees--annual security report and annual fire 

safety report. If an institution chooses to distribute either its 

annual security report or annual fire safety report to current 

employees by posting the disclosure or disclosures on an Internet Web 

site or an Intranet Web site, 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 and annual fire safety report. For each of the reports, 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 

and annual fire safety report, upon request, to a prospective student 

or prospective employee. If the institution chooses to provide either 

its annual security report or annual fire safety report to prospective 

students and prospective employees by posting the disclosure on an 

Internet Web site, the notice described in this paragraph must include 
Appendix A

236 The Handbook for Campus Safety and Security Reporting

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 and annual 

fire safety report. Each year, by the date and in a form specified by 

the Secretary, an institution must submit the statistics required by 

Sec. Sec. 668.46(c) and 668.49(c) to the Secretary.

 (6) Publication of the annual fire safety report. An institution 

may publish its annual fire safety report concurrently with its annual 

security report only if the title of the report clearly states that the 

report contains both the annual security report and the annual fire 

safety report. If an institution chooses to publish the annual fire 

safety report separately from the annual security report, it must 

include information in each of the two reports about how to directly 

access the other report.

(Approved by the Office of Management and Budget under control 

number 1845-0004)

(Authority: 20 U.S.C. 1092)

19. Section 668.46 is amended by:

A. In paragraph (a), adding, in alphabetical order, a definition of 

test.

0 

B. Adding paragraphs (b)(13) and (b)(14).

0 

C. Revising paragraph (c)(3).

0

D. Revising the heading for paragraph (e).

0 

E. Adding paragraph (e)(3).

0 

F. Adding paragraph (g).

0 

G. Adding paragraph (h).

 The additions and revisions read as follows:

Sec. 668.46 Institutional security policies and crime statistics.

 (a) * * *

 Test: Regularly scheduled drills, exercises, and appropriate 

follow-through activities, designed for assessment and evaluation of 

emergency plans and capabilities.

* * * * *

 (b) * * *

 (13) Beginning with the annual security report distributed by 

October 1, 2010, a statement of policy regarding emergency response and 

evacuation procedures, as described in paragraph (g) of this section.

 (14) Beginning with the annual security report distributed by 

October 1, 2010, a statement of policy regarding missing student 

notification procedures, as described in paragraph (h) of this section.

 (c) * * *

 (3) Reported crimes if a hate crime. An institution must report, by 
Appendix A

The Handbook for Campus Safety and Security Reporting 237

category of prejudice, the following crimes reported to local police 

agencies or to a campus security authority that manifest evidence that 

the victim was intentionally selected because of the victim's actual or 

perceived race, gender, religion, sexual orientation, ethnicity, or 

disability:

 (i) Any crime it reports pursuant to paragraph (c)(1)(i) through 

(vii) of this section.

 (ii) The crimes of larceny-theft, simple assault, intimidation, and 

destruction/damage/vandalism of property.

 (iii) Any other crime involving bodily injury.

* * * * *

 (e) Timely warning and emergency notification. * * *

 (3) If there is an immediate threat to the health or safety of 

students or employees occurring on campus, as described in paragraph 

(g)(1) of this section, an institution must follow its emergency 

notification procedures. An institution that follows its emergency 

notification procedures is not required to issue a timely warning based 

on the same circumstances; however, the institution must provide 

adequate follow-up information to the community as needed.

* * * * *

 (g) Emergency response and evacuation procedures. An institution 

must include a statement of policy regarding its emergency response and 

evacuation procedures in the annual security report. This statement 

must include--

 (1) The procedures the institution will use to immediately notify 

the campus community upon the confirmation of a significant emergency 

or dangerous situation involving an immediate threat to the health or 

safety of students or employees occurring on the campus;

 (2) A description of the process the institution will use to--

 (i) Confirm that there is a significant emergency or dangerous 

situation as described in paragraph (g)(1) of this section;

 (ii) Determine the appropriate segment or segments of the campus 

community to receive a notification;

 (iii) Determine the content of the notification; and

 (iv) Initiate the notification system.

 (3) A statement that the institution will, without delay, and 

taking into account the safety of the community, determine the content 

of the notification and initiate the notification system, unless 

issuing a notification will, in the professional judgment of 

responsible authorities, compromise efforts to assist a victim or to 

contain, respond to, or otherwise mitigate the emergency;

 (4) A list of the titles of the person or persons or organization 

or organizations responsible for carrying out the actions described in 

paragraph (g)(2) of this section;

 (5) The institution's procedures for disseminating emergency 

information to the larger community; and

 (6) The institution's procedures to test the emergency response and 

evacuation procedures on at least an annual basis, including--

 (i) Tests that may be announced or unannounced;

 (ii) Publicizing its emergency response and evacuation procedures 

in conjunction with at least one test per calendar year; and

 (iii) Documenting, for each test, a description of the exercise, 

the date, time, and whether it was announced or unannounced.

 (h) Missing student notification policies and procedures. (1) An 

institution that provides any on-campus student housing facility must 

include a statement of policy regarding missing student notification 

procedures for students who reside in on-campus student housing 
Appendix A

238 The Handbook for Campus Safety and Security Reporting

facilities in its annual security report. This statement must--

 (i) Indicate a list of titles of the persons or organizations to 

which students, employees, or other individuals should report that a 

student has been missing for 24 hours;

 (ii) Require that any missing student report must be referred 

immediately to the institution's police or campus security department, 

or, in the absence of an institutional police or campus security 

department, to the local law

[[Page 55946]]

enforcement agency that has jurisdiction in the area;

 (iii) Contain an option for each student to identify a contact 

person or persons whom the institution shall notify within 24 hours of 

the determination that the student is missing, if the student has been 

determined missing by the institutional police or campus security 

department, or the local law enforcement agency;

 (iv) Advise students that their contact information will be 

registered confidentially, that this information will be accessible 

only to authorized campus officials, and that it may not be disclosed, 

except to law enforcement personnel in furtherance of a missing person 

investigation;

 (v) Advise students that if they are under 18 years of age and not 

emancipated, the institution must notify a custodial parent or guardian 

within 24 hours of the determination that the student is missing, in 

addition to notifying any additional contact person designated by the 

student; and

 (vi) Advise students that, the institution will notify the local 

law enforcement agency within 24 hours of the determination that the 

student is missing, unless the local law enforcement agency was the 

entity that made the determination that the student is missing.

 (2) The procedures that the institution must follow when a student 

who resides in an on-campus student housing facility is determined to 

have been missing for 24 hours include--

 (i) If the student has designated a contact person, notifying that 

contact person within 24 hours that the student is missing;

 (ii) If the student is under 18 years of age and is not 

emancipated, notifying the student's custodial parent or guardian and 

any other designated contact person within 24 hours that the student is 

missing; and

 (iii) Regardless of whether the student has identified a contact 

person, is above the age of 18, or is an emancipated minor, informing 

the local law enforcement agency that has jurisdiction in the area 

within 24 hours that the student is missing.

* * * * *

20. Section 668.49 is added to subpart D of part 668 to read as 

follows:

Sec. 668.49 Institutional fire safety policies and fire statistics.

 (a) Additional definitions that apply to this section.

 Cause of fire: The factor or factors that give rise to a fire. The 

causal factor may be, but is not limited to, the result of an 

intentional or unintentional action, mechanical failure, or act of 

nature.
Appendix A

The Handbook for Campus Safety and Security Reporting 239

 Fire: Any instance of open flame or other burning in a place not 

intended to contain the burning or in an uncontrolled manner.

 Fire drill: A supervised practice of a mandatory evacuation of a 

building for a fire.

 Fire-related injury: Any instance in which a person is injured as a 

result of a fire, including an injury sustained from a natural or 

accidental cause, while involved in fire control, attempting rescue, or 

escaping from the dangers of the fire. The term ``person'' may include 

students, employees, visitors, firefighters, or any other individuals.

 Fire-related death: Any instance in which a person--

 (1) Is killed as a result of a fire, including death resulting from 

a natural or accidental cause while involved in fire control, 

attempting rescue, or escaping from the dangers of a fire; or

 (2) Dies within one year of injuries sustained as a result of the 

fire.

 Fire safety system: Any mechanism or system related to the 

detection of a fire, the warning resulting from a fire, or the control 

of a fire. This may include sprinkler systems or other fire 

extinguishing systems, fire detection devices, stand-alone smoke 

alarms, devices that alert one to the presence of a fire, such as 

horns, bells, or strobe lights; smoke-control and reduction mechanisms; 

and fire doors and walls that reduce the spread of a fire.

 Value of property damage: The estimated value of the loss of the 

structure and contents, in terms of the cost of replacement in like 

kind and quantity. This estimate should include contents damaged by 

fire, and related damages caused by smoke, water, and overhaul; 

however, it does not include indirect loss, such as business 

interruption.

 (b) Annual fire safety report. Beginning by October 1, 2010, an 

institution that maintains any on-campus student housing facility must 

prepare an annual fire safety report that contains, at a minimum, the 

following information:

 (1) The fire statistics described in paragraph (c) of this section.

 (2) A description of each on-campus student housing facility fire 

safety system.

 (3) The number of fire drills held during the previous calendar 

year.

 (4) The institution's policies or rules on portable electrical 

appliances, smoking, and open flames in a student housing facility.

 (5) The institution's procedures for student housing evacuation in 

the case of a fire.

 (6) The policies regarding fire safety education and training 

programs provided to the students and employees. In these policies, the 

institution must describe the procedures that students and employees 

should follow in the case of a fire.

 (7) For purposes of including a fire in the statistics in the 

annual fire safety report, a list of the titles of each person or 

organization to which students and employees should report that a fire 

occurred.

 (8) Plans for future improvements in fire safety, if determined 

necessary by the institution.

 (c) Fire statistics. (1) An institution must report statistics for 

each on-campus student housing facility, for the three most recent 

calendar years for which data are available, concerning--

 (i) The number of fires and the cause of each fire;

 (ii) The number of persons who received fire-related injuries that 

resulted in treatment at a medical facility, including at an on-campus 
Appendix A

240 The Handbook for Campus Safety and Security Reporting

health center;

 (iii) The number of deaths related to a fire; and

 (iv) The value of property damage caused by a fire.

 (2) An institution is required to submit a copy of the fire 

statistics in paragraph (c)(1) of this section to the Secretary on an 

annual basis.

 (d) Fire log. (1) An institution that maintains on-campus student 

housing facilities must maintain a written, easily understood fire log 

that records, by the date that the fire was reported, any fire that 

occurred in an on-campus student housing facility. This log must 

include the nature, date, time, and general location of each fire.

 (2) An institution must make an entry or an addition to an entry to 

the log within two business days, as defined under Sec. 668.46(a), of 

the receipt of the information.

 (3) An institution must make the fire log for the most recent 60- 

day period open to public inspection during normal business hours. The 

institution must make any portion of the log older than 60 days 

available within two business days of a request for public inspection.

 (4) An institution must make an annual report to the campus 

community on the fires recorded in the fire log. This requirement may 

be satisfied by the annual fire safety report described in paragraph 

(b) of this section.

(Approved by the Office of Management and Budget under control 

number 1845-NEW3)

[[Page 55947]]

(Authority: 20 U.S.C. 1092)

0 

21. Appendix A to subpart D of part 668 is amended by:

0 

A. Revising the introductory text.

0 

B. Under the heading, ``Crime Definitions From the Uniform Crime 

Reporting Handbook,'' by:

0 

i. Removing the definition of Weapon Law Violations;

0 

ii. Adding a new definition of Weapons: Carrying, Possessing, Etc.; and

0 

iii. Revising the definitions of Drug Abuse Violations and Liquor Law 

Violations.

0 

C. Adding a heading at the end of the appendix, ``Definitions From the 

Hate Crime Data Collection Guidelines of the Uniform Crime Reporting 

Handbook'' followed by definitions for larceny-theft (except motor 

vehicle theft), simple assault, intimidation, and destruction/damage/

vandalism of property. 

 The revisions and additions read as follows: Appendix A to Subpart 

D of Part 668--Crime Definitions in Accordance with the Federal Bureau 

of Investigation's Uniform Crime Reporting Program

 The following definitions are to be used for reporting the crimes 

listed in Sec. 668.46, in accordance with the Federal Bureau of 
Appendix A

The Handbook for Campus Safety and Security Reporting 241

Investigation's Uniform Crime Reporting Program. The definitions for 

murder; robbery; aggravated assault; burglary; motor vehicle theft; 

weapons: carrying, possessing, etc.; law violations; drug abuse 

violations; and liquor law violations are excerpted from the Uniform 

Crime Reporting Handbook. The definitions of forcible rape and 

nonforcible sex offenses are excerpted from the National Incident-Based 

Reporting System Edition of the Uniform Crime Reporting Handbook. The 

definitions of larceny-theft (except motor vehicle theft), simple 

assault, intimidation, and destruction/damage/vandalism of property are 

excerpted from the Hate Crime Data Collection Guidelines of the Uniform 

Crime Reporting Handbook.

* * * * *

Crime Definitions From the Uniform Crime Reporting Handbook

* * * * *

Weapons: Carrying, Possessing, Etc.

 The violation of laws or ordinances prohibiting the manufacture, 

sale, purchase, transportation, possession, concealment, or use of 

firearms, cutting instruments, explosives, incendiary devices, or other 

deadly weapons.

Drug Abuse Violations

 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.

Liquor Law Violations

 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.

* * * * *

Definitions From the Hate Crime Data Collection Guidelines of the 

Uniform Crime Reporting Handbook

Larceny-Theft (Except Motor Vehicle Theft)

 The unlawful taking, carrying, leading, or riding away of property 

from the possession or constructive possession of another. Attempted 

larcenies are included. Embezzlement, confidence games, forgery, 

worthless checks, etc., are excluded.

Simple Assault

 An unlawful physical attack by one person upon another where 

neither the offender displays a weapon, nor the victim suffers obvious 

severe or aggravated bodily injury involving apparent broken bones, 

loss of teeth, possible internal injury, severe laceration, or loss of 

consciousness.
Appendix A

242 The Handbook for Campus Safety and Security Reporting

Intimidation

 To unlawfully place another person in reasonable fear of bodily 

harm through the use of threatening words and/or other conduct, but 

without displaying a weapon or subjecting the victim to actual physical 

attack.

Destruction/Damage/Vandalism of Property

 To willfully or maliciously destroy, damage, deface, or otherwise 

injure real or personal property without the consent of the owner or 

the person having custody or control of it.
Appendix A

The Handbook for Campus Safety and Security Reporting 243

A-4. Higher Education Opportunity Act, Aug. 14, 2008. 

Program Participation Agreement Requirements

This text was extracted from the Higher Education Opportunity Act (Public Law 110-315), Aug. 

14, 2008. Your institution must have a statement in its annual security report that addresses this 

Program Participation Agreement requirement. This is not a complete document. The complete 

document is located at: http://frwebgate.access.gpo.gov/cgibin/getdoc.cgi?dbname=110_cong_public_laws&docid=f:publ315.110. 

[DOCID: f:publ315.110]

[[Page 3077]]

 HIGHER EDUCATION OPPORTUNITY ACT

[[Page 122 STAT. 3078]]

Public Law 110-315

110th Congress

 An Act

 To amend and extend the Higher Education Act of 1965, and for other 

 purposes. <<NOTE: Aug. 14, 2008 - [H.R. 4137]>> 

 Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress <<NOTE: Higher Education 

Opportunity Act.>> assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

 (a) <<NOTE: 20 USC 1001 note.>> Short Title.--This Act may be cited 

as the ``Higher Education Opportunity Act''.

PART G--General Provisions Relating to Student Assistance

SEC. 493. PROGRAM PARTICIPATION AGREEMENTS.

 (a) Program Participation Agreement Requirements.--

``(26) The institution will, upon written request, disclose 

 to the alleged victim of any crime of violence (as that term is 

 defined in section 16 of title 18, United States Code), or

[[Page 122 STAT. 3309]]

 a nonforcible sex offense, the report on the results of any 

 disciplinary proceeding conducted by such institution against a 

 student who is the alleged perpetrator of such crime or offense 

 with respect to such crime or offense. If the alleged victim of 

 such crime or offense is deceased as a result of such crime or 

 offense, the next of kin of such victim shall be treated as the 

 alleged victim for purposes of this paragraph.
This page intentionally left blank.
The Handbook for Campus Safety and Security Reporting 245

Appendix B

Sample Letters and Forms for Collecting 

Crime Reports and Requesting Crime Statistics

B-1. Sample Letter to Campus Security Authorities Regarding the 

Federal Clery Act

B-2. Sample Campus Security Authority Crime Report Form 

B-3. Sample Campus Security Authority Sex Offenses Report Form 

B-4. Sample Letter to a Local Law Enforcement Agency to Request 

Crime Statistics
This page intentionally left blank.
Appendix B

The Handbook for Campus Safety and Security Reporting 247

B-1. Sample Letter to Campus Security Authorities Regarding the Federal 

Clery Act

TO: Deans, Directors and Department Heads

FROM: (Name)

 Campus Security Authority Coordinator 

DATE: Jan. 21, 2011 

RE: Crime Statistics

According to a federal law known as the Jeanne Clery Disclosure of Campus Security 

Policy and Campus Crime Statistics Act, our school is required to disclose “statistics 

concerning the occurrence of certain criminal offenses reported to local law enforcement 

agencies or any official of the institution who is defined as a ‘Campus Security 

Authority.’”

The law defines “Campus Security Authority” as: “An official of an institution who has 

significant responsibility for student and campus activities, including, but not limited to, 

student housing, student discipline, and campus judicial proceedings.” An example

would be a dean of students who oversees student housing, a student center, or student 

extra-curricular activities and has significant responsibility for student and campus 

activities. Similarly, a director of athletics, team coach, and faculty advisor to a student 

group also have significant responsibility for student and campus activities. A single 

teaching faculty member is unlikely to have significant responsibility for student and 

campus activities, except when serving as an advisor to a student group. Clerical staff, as 

well, are unlikely to have significant responsibility for student and campus activities. 

The criminal offenses for which we are required to disclose statistics are murder/nonnegligent manslaughter, negligent manslaughter, sex offenses (forcible and non-forcible), 

robbery, aggravated assault, burglary, motor vehicle theft, arson, liquor law violations, 

drug abuse violations and weapons: carrying, possessing, etc. 

We are also required to report statistics for bias-related (hate) crimes for the following 

offenses: murder/non-negligent manslaughter, sex offenses (forcible and non-forcible), 

robbery, aggravated assault, burglary, motor vehicle theft, arson, larceny-theft, 

vandalism, intimidation, simple assault, and damage/destruction/vandalism of property. 

We are required to disclose statistics for offenses that occur on campus, in or on 

noncampus buildings or property owned or controlled by our school, and public property 

within or immediately adjacent to our campus. 

Please forward this letter and the attached forms to all of those individuals in your 

department who fit the definition of a Campus Security Authority, as previously 

described. If those individuals are aware of any crimes that were reported to have 

occurred on campus in 2010 that were not reported to the University Police Department, 
Appendix B

248 The Handbook for Campus Safety and Security Reporting

it is important that they forward the information to me no later than Feb. 28, 2011. If it’s 

available, provide the date, location, and a brief description of the incident. 

Our school has a responsibility to notify the campus community about any crimes 

which pose an ongoing threat to the community, and, as such, campus security 

authorities are obligated by law to report crimes to the university police 

department. Even if you are not sure whether an ongoing threat exists, immediately 

contact the university police department.

If you have any questions about this request please contact me at (phone number). 

Thank you for your assistance in complying with this federal law. Please return all 

completed incident forms to me at (office address). 
Appendix B

The Handbook for Campus Safety and Security Reporting 249

B-2. Sample Campus Security Authority Crime Report Form

CSA_________________________ 

Date_________________________ 

Crime reported by: Phone number: 

Classification (see definitions below): Date incident occurred: 

Location of Incident (building name or address): 

Brief description of the incident: 

 

Check the appropriate answer to the following questions: 

Did the crime occur in a building or on the street? Building: Street: _________

Did the crime occur on school owned, controlled, or leased property? Yes: No: 

Did the crime occur at a University-sponsored activity or event? Yes: No: 

Murder/Non-Negligent Manslaughter: the willful (non-negligent) killing of one human being by another. NOTE: Deaths 

caused by negligence, attempts to kill, assaults to kill, suicides, accidental deaths, and justifiable homicides are excluded. 

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

Robbery: the taking or attempting to take anything from value of the care, custody or control of a person or persons by force or 

threat of force or violence and/or by putting the victim in fear. 

Aggravated Assault: an unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily 

injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm. 

It is not necessary that injury result from an aggravated assault when a gun, knife or other weapon is used which could or probably 

would result in a serious potential injury if the crime were successfully completed.

Burglary: The unlawful entry of a structure to commit a felony or a theft. For reporting purposes this definition includes: unlawful 

entry with intent to commit a larceny or a felony; breaking and entering with intent to commit a larceny; housebreaking; safecracking; 

and all attempts to commit any of the aforementioned.

Motor Vehicle Theft: The theft or attempted theft of a motor vehicle. (Classify as motor vehicle theft all cases where 

automobiles are taken by persons not having lawful access, even though the vehicles are later abandoned - including joy riding)

Arson: The willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, 

motor vehicle or aircraft, or personal property of another kind.

Weapon Law Violations: The violation of laws or ordinances dealing with weapon offenses, regulatory in nature, such as: 

manufacture, sale, or possession of deadly weapons; carrying deadly weapons, concealed or openly; furnishing deadly weapons to 

minors; aliens possessing deadly weapons; all attempts to commit any of the aforementioned.

Drug Abuse Violations: Violations of state and local laws 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 (Demerol, methadones); and dangerous non-narcotic drugs (barbiturates, Benzedrine).

Liquor Law Violations: The violation of laws or ordinance prohibiting: the manufacture, sale, transporting, furnishing, 

possessing of intoxicating liquor; maintaining unlawful drinking places; bootlegging; operating a still; furnishing liquor to minor or 

intemperate person; using a vehicle for illegal transportation of liquor; drinking on a train or public conveyance; all attempts to 

commit any of the aforementioned. (Drunkenness and driving under the influence are not included in this definition.)
Appendix B

250 The Handbook for Campus Safety and Security Reporting

Crime definitions from the Uniform Crime Reporting Handbook

Please forward this completed form to: (Name and Title)

 (Address)

USE REVERSE TO REPORT HATE CRIMES

We are also required to report statistics for bias-related (hate) crimes by the type of bias as defined below 

for the following classifications: murder/non-negligent manslaughter, negligent manslaughter, sex offenses 

(forcible and non-forcible), robbery, aggravated assault, burglary, motor vehicle theft, arson, liquor law 

violations, drug abuse violations and/or weapons: possessing carrying, etc. (see definitions on the front 

page) and larceny-theft, destruction/damage/vandalism of property, intimidation, and simple assault (see 

definitions below).

Larceny: The unlawful taking, carrying, leading, or riding away of property from the possession or 

constructive possession of another.

Vandalism: To willfully or maliciously destroy, injure, disfigure, or deface any public or private property, 

real or personal, without the consent of the owner or person having custody or control by cutting, tearing, 

breaking, marking, painting, drawing, covering with filth, or any other such means as may be specified by 

local law.

Intimidation: To unlawfully place another person in reasonable fear of bodily harm through the use of 

threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual 

physical attack.

Simple Assault: An unlawful physical attack by one person upon another where neither the offender 

displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent 

broken bones, loss of teeth, possible internal injury, severe laceration or loss of consciousness. 

______________________________________________________________________________________

If a hate crime occurs where there is an incident involving intimidation, vandalism, larceny, simple assault 

or other bodily injury, the law requires that the statistic be reported as a hate crime even though there is no 

requirement to report the crime classification in any other area of the compliance document.

A bias-related (hate) crime is not a separate, distinct crime, but is the commission of a criminal offense 

which was motivated by the offender's bias. For example, a subject assaults a victim, which is a crime. If 

the facts of the case indicate that the offender was motivated to commit the offense because of his bias 

against the victim's race, sexual orientation, etc... the assault is then also classified as a hate crime.

If a bias-related (hate) crime was reported to you, please fill out the top section of Page 1 and then complete 

the following information about the type of bias involved in the crime. 

Type of Crime (List classification as defined above): 

Type of Bias (circle one): Race Religion Ethnicity/National Origin

 Gender Sexual Orientation Disability
Appendix B

The Handbook for Campus Safety and Security Reporting 251

B-3. Sample Campus Security Authority Sex Offenses Report Form

CSA_________________________ 

Date_________________________ 

Crime reported by: Phone number: 

Classification (see definitions below): Date incident occurred: 

Brief description of the incident: 

 

Check the appropriate answer to the following questions: 

Did the crime occur in a building or on the street? Building: Street: 

Did the crime occur on school owned, controlled, or leased property? Yes: No:

Did the crime occur at a University-sponsored activity or event? Yes: No:

Sex Offenses-Forcible

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.

A. Forcible Rape

The carnal knowledge of a person, forcibly and/or against the 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).

B. Forcible Sodomy

Oral or anal sexual intercourse with another person, forcibly and/or against that person’s will; or not forcibly 

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.

C. Sexual Assault With An Object

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.

D. Forcible Fondling

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.

Sex Offenses-Non-forcible

Unlawful, non-forcible sexual intercourse.

A. Incest

Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein 

marriage is prohibited by law.

B. Statutory Rape

Non-forcible sexual intercourse with a person who is under the statutory age of consent.

Sex Offenses Definitions From the National Incident-Based Reporting System Edition of the 

Uniform Crime Reporting Program

Please forward this completed form to: (Name and Title)

 (Address)
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252 The Handbook for Campus Safety and Security Reporting

B-4. Sample Letter to a Local Law Enforcement Agency to Request Crime Statistics

Jan. 21, 2011 

(Name)

Research Analyst

Metropolitan Police Department

300 Indiana Ave. NW, Suite 5126 

Washington, DC 20001 

Dear (Name),

According to the federal Jeanne Clery Disclosure of Campus Security Policy and 

Campus Crime Statistics Act, postsecondary schools are required to disclose statistics for 

certain crimes that occurred on campus and on public property within and immediately 

adjacent to school-owned buildings and property. We are required to disclose statistics 

that are reported to our department as well as to local and state law enforcement agencies. 

I am requesting 2010 crime statistics for the following offenses:

Murder/Non-negligent Manslaughter 

Negligent Manslaughter

Sex offenses-forcible (i.e., forcible rape, forcible sodomy, sexual assault with an object 

and forcible fondling) 

Sex offenses-non-forcible (i.e., statutory rape and incest) 

Robbery 

Burglary

Aggravated Assault 

Motor Vehicle Theft 

Arson 

Please specify if any of the above-listed offenses were categorized as hate crimes. In 

addition, please include statistics for any incidents of larceny-theft, simple assault, 

intimidation, or destruction/damage/vandalism of property that were classified as hate 

crimes. I also need the category of bias for each hate crime according to the six categories 

we are required to report: race, gender, religion, sexual orientation, ethnicity/national 

origin, and disability. 

Please include statistics for arrests only for the following UCR categories:

Liquor Law Violations 

Drug Abuse Violations 

Weapons: Carrying, Possessing, Etc. 
Appendix B

The Handbook for Campus Safety and Security Reporting 253

I’m requesting the required crime statistics for the following areas which are considered 

to be “on campus”: 

1900–2200 blocks of Pennsylvania Ave.

2300 block of K St.

2000-2300 blocks of I St.

2000-2300 blocks of H St.

2000-2300 blocks of G St.

1900-2200 blocks of F St.

I also need crime statistics for the following specific addresses:

1129 New Hampshire Ave. 

2400 Virginia Ave. 

2601 Virginia Ave. 

1776 G St. 

2011 Eye St. 

2020 K St. 

2021 K St. 

I would appreciate it if you would forward this information to me as soon as you get an 

opportunity. We are in the process of publishing our annual report, and we will need to 

include these statistics in the final draft.

In addition, if a serious crime that may cause an ongoing threat to our campus 

community is reported to your department, we would appreciate it if you would 

notify our University Police Department immediately. The institution has a 

responsibility to notify the campus community in a timely manner about any crimes 

on and immediately around the campus which pose an ongoing threat to the 

community.

Thank you for your attention to this matter. 

Sincerely,

(Name)

Chief of University Police 

(Phone Number)
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The Handbook for Campus Safety and Security Reporting 255

Appendix C

Sample Memorandum of Understanding (MOU)

This document is provided as an example of one postsecondary 

institution’s agreement between its campus police department and local 

law enforcement agency as described in policy statement 3b in Chapter 7. 

This is only a sample; other institutions may have different types of 

agreements or may not have an agreement with local law enforcement 

agencies. 
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Appendix C

The Handbook for Campus Safety and Security Reporting 257

MEMORANDUM OF UNDERSTANDING

AGREEMENT

BETWEEN

THE XXXXX POLICE DEPARTMENT AND

THE XXXXX DEPARTMENT OF CAMPUS SAFETY

RELATING TO COLLEGE FACILITIES

 THIS AGREEMENT, made and entered into this ___ day of ____________, 2006, by 

and between the POLICE DEPARTMENT, a Department of The Mayor and Common Council 

("PD”) and the COLLEGE DEPARTMENT OF CAMPUS SAFETY, a Department of XXXXX 

College (“DCS”) witnesseth that:

 WHEREAS, the parties have determined that as entities which have certain 

responsibilities for the safety of staff, students and visitors of the College, and the citizens of the 

City of XXXXX, and that the common good would be served by an agreement between the 

parties outlining responsibilities with respect to the buildings and grounds located on XXXXX 

College.

 NOW, THEREFORE, the parties agree as follows:

I. PARTIES

 The parties to this Agreement are the XXXXX Police Department and the XXXXX 

College Department of Campus Safety. 

II. PURPOSE

 The PD and the DCS have certain responsibilities for the safety of the staff, students and 

visitors of XXXXX College. They recognize that cooperative and effective interaction is 

imperative to the successful accomplishment of their collective mission. This Agreement serves 

as an operational framework for their ongoing and cooperative public safety efforts.

III. THE CAMPUS

The Campus is generally defined as property owned, leased or used by XXXXX College in 

furtherance of its educational purposes, as well as its arboretum. 

IV. DCS

 A. The DCS will have jurisdiction for handling all police related events occurring 

within the Campus as provided as follows:

 1. Minor property crimes such as burglary, theft, fraud and malicious 

destruction of property which result in a loss of less than $2,500 and which appear to have been 

perpetrated from within the Campus, shall be handled by the DCS, unless the victim requests that 

the case be handled by the PD. Cases which result in a loss of more than $2,500, those which 

appear to have been perpetrated by suspects from outside the Campus Community, and crimes 

which appear to be part of a pattern of crime will be immediately referred to the PD for 

investigation and action.

 2. Minor crimes, such as alcohol violations, disorderly conduct and loud 

parties occurring on the campus, shall be handled primarily by the DCS. If it determines that an 
Appendix C

258 The Handbook for Campus Safety and Security Reporting

incident requires investigative expertise or operational resources beyond its abilities, DCS will 

notify the PD immediately and request that it assume case responsibility. In such case, the DCS 

staff will immediately provide PD staff all available information and detailed reports, including 

those relating to their observations and actions prior to referral.

 3. Minor assaults committed on the Campus.

B. Date/acquaintance rapes or sexual offenses reported to the DCS will be handled in a 

manner consistent with the victim’s wishes. Should the victim wish not to make a formal police 

report, the DCS will execute a declination of prosecution form with the victim which reflects 

her/his unwillingness to cooperate with a criminal investigation. The DCS will provide the PD 

CID Commander (or the Commander’s designee) with the specifics of the allegation, but will not 

reveal the identity of the victim unless permission is provided by the victim to do so.

V. PD

 A. The Police Department will have primary responsibility for handling policerelated events occurring within the Campus as follows:

 1. Crimes of violence resulting in significant injury or death, including actual 

and attempted homicides, rape, and sexual assaults, robberies, serious assaults, such as first 

degree assaults and those involving the use or implied use of a weapon, suicides, suspicious or 

unattended deaths and industrial accidents. Significant injuries are defined as those injuries 

requiring hospitalization and/or significant medical treatment and include in-progress and late 

reported crimes. The DCS will immediately refer any such crimes to the Police Department for 

investigation. 

 2. Missing person cases. The DCS will report missing persons cases to the 

PD immediately so that a PD officer may be dispatched to handle the investigation. 

 3. All controlled dangerous substance violations. The DCS will immediately 

refer such matters to the PD for investigation and action.

 4. All other crimes for which the DCS has not assumed responsibility 

pursuant to Paragraph III.

VI. ADDITIONAL DCS RESPONSIBILITIES

 A. In cases where the members of the DCS make a criminal arrest or initiate criminal 

process (i.e., criminal investigation, arrest or service of arrest warrant, criminal summons and/or 

peace/protective order), they will notify the PD CID Commander of their actions in a timely 

fashion and in a manner agreeable to both parties. Copies of all documents or reports relating to 

the matter will be provided to the CID Commander upon request.

 B. In every case where a custodial arrest is made by a member of the DCS staff, the 

offender and the prisoner will be transported to the Central Booking Unit by a PD Officer. 

Arrangements for the prisoner transport will be made through the PD Dispatch Center with the 

knowledge of the on-duty PD Patrol Supervisor.

 C. Patterns of crime developing within the Campus Community will be reported by 

the Director of Campus Safety to the PD Criminal Investigations Commander as soon as 

practical. Significant crimes that occur off-campus but may pose a serious or continuing threat 

to the Campus Community will be immediately reported to the dispatcher of the DCS in a timely 

fashion by the on-duty PD supervisor or the supervisor’s designee. 

 D. Consistent with law and regulations, DCS officers who possess valid Special 

Police Officer certification are permitted to access the automated law enforcement systems via a 
Appendix C

The Handbook for Campus Safety and Security Reporting 259

telephone call to the PD Communications Section. SPOs requesting this information will first be 

required to provide a personal identification number that will allow Dispatchers to verify their 

identity prior to providing the requested information. It will be the responsibility of the DCS 

officers to ensure that any information provided is handled in a lawful, professional and 

confidential manner. 

 E. If at any time an on-duty supervisor of the DCS feels that a case or situation 

exceeds their ability to safely, effectively and appropriately handle or investigate a matter/case, it 

should be referred to the PD at that time. Care should be taken to involve the PD at the earliest 

possible opportunity to reduce confusion and duplication of effort while maximizing the integrity 

of the crime scene and preliminary investigation. If this should occur, the on-duty DCS 

supervisor will ensure that all staff members complete detailed reports to be provided to the PD 

investigator at the earliest possible opportunity.

Crimes involving suspects from outside the Campus Community create unique challenges 

for DCS staff. Accordingly, cases potentially involving suspects from outside the Campus 

Community will immediately be referred to the PD for investigation at the earliest opportunity.

VII. MUTUAL ASSISTANCE

 The PD will provide any reasonable assistance requested by the DCS relating to matters 

of public safety, maintenance of order and the investigation of crimes. Requests for assistance 

will be approved based upon the ability of the PD to provide the requested assistance at the time 

of the request. Requests for assistance should be made as early as practical to optimize the 

ability of the PD to plan for and provide the requested assistance and resources.

VIII. SPECIAL EVENTS

 From time to time major events are planned on the XXXXX College Campus that may 

impact on the larger town community. Timely planning and coordination by DCS with the PD is 

important to ensure that the event is adequately staffed and that public safety is ensured. The 

Director of Campus Safety or the Director’s designee will contact the PD as early as practical to 

initiate the planning process and coordination process. The PD’s principal point of contact is the 

Deputy Chief of Police.

IV. ADDITIONAL PD RESPONSIBILITIES

 A. Where legally and operationally expedient, members of the PD initiating criminal 

or civil process (i.e., criminal investigations, arrests, service of arrest warrants, criminal 

summons, peace/protective orders and/or search warrants) on campus will inform the DCS in 

advance of their intended activity. When this is not possible or practical, all information which 

can be shared relating to the matter will be provided to the Director of Campus Safety or the 

Director’s designee at the earliest practical opportunity following the activity.

 B. PD Dispatch personnel will make appropriate law enforcement information 

system entries and deletions relating to stolen articles in a manner consistent with regulations. 

All requests for article entry or deletion will be submitted in writing by the investigating DCS 

Special Police Officer in a form agreed upon by the parties. The DCS retains the sole 

responsibility for timely entry, deletion and hit confirmation, proper record keeping and 

validation activities relating to their entries. This access may be withdrawn by either party at any 

time by written notice. 
Appendix C

260 The Handbook for Campus Safety and Security Reporting

 C. The PD will continue to provide DCS staff with drug recognition training, 

including a controlled burning of marijuana, on a periodic basis to assist DCS staff in the 

execution of their duties.

X. MUTUAL COOPERATION 

 A. Members of the PD and the DCS will conduct their interactions in a professional, 

collegial and respectful manner at all times. Problems or issues relating to this agreement or 

interaction between the party agencies and/or their members will be addressed in a timely 

manner at an appropriate level of supervision. 

 B. Public safety information and criminal intelligence will be shared regularly and 

proactively between the PD and DCS. This will be accomplished in a manner consistent with all 

applicable laws. Criminal history information will only be shared with DCS members who 

possess a valid Maryland Special Police Officer certification.

XI. INDEPENDENT RELATIONSHIP 

 Neither Party shall have the power or authority to create any obligation on behalf of the 

other, either express or implied. The PD is not responsible for the manner in which the DCS 

conducts its operations and the DCS, its officers, agents and representatives shall not be 

construed as employees, agents or representatives of the PD for any purpose. Similarly, The 

DCS is not responsible for the manner in which the PD conducts its operations and the PD, its 

officers, agents and representatives shall not be construed as employees, agents or 

representatives of the DCS for any purpose. 

XII. PUBLIC PURPOSE

 The parties to this Agreement hereby acknowledge that the acts performed in furtherance 

of this Agreement by police officers or other officers, agents or employees shall be deemed 

conclusively for a public and governmental purpose and all of the immunities from liability 

enjoyed by the parties when acting through their police officers or other officers, agents or 

employees for a public or governmental purpose within their respective jurisdiction shall be 

enjoyed by the Parties.

XIII. WAIVER OF CLAIMS

 Each Party to this Agreement waives any and all claims against the other Party to this 

Agreement which may arise out of their activities with respect to this Agreement.

XIV. ANNUAL REVIEW

 This agreement will be reviewed by the PD and the DCS on an annual basis during the 

month of January. Changes may be made at any time upon mutual agreement by the Chief of 

Police and the Director of the Department of Campus Safety.

XV. TERM OF AGREEMENT

 The party may terminate this Agreement upon 30 days notice to the other. 

XVI. SEVERABILITY
Appendix C

The Handbook for Campus Safety and Security Reporting 261

 If any provision of this Agreement shall be deemed invalid by a court of competent 

jurisdiction, the remainder of this Agreement, to the extent practicable, shall remain in full force 

and effect.

XVII. TERMINATION

 Any party to this Agreement shall have the right to terminate it by providing 30 days 

written notice to the other.

XVIII. BINDING EFFECT

 The parties hereto agree that all covenants, stipulations, promises, agreements and 

provisions of this Agreement shall apply to bind and be obligatory upon the parties hereto.

XIX. DUPLICATE ORIGINALS

 This Agreement is executed in two counterparts, each one of which shall be deemed an 

original for each party.

 IN WITNESS WHEREOF, the parties have set their hands and seals the day and date 

heretofore set forth.
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The Handbook for Campus Safety and Security Reporting 263

Appendix D

Higher Education Act of 1965, Sec. 120 

(as amended by the 

Higher Education Opportunity Act, Sec. 107) 
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Appendix D

The Handbook for Campus Safety and Security Reporting 265

This text is extracted from 20 U.S.C. Higher Education Resources and Student 

Assistance, Feb. 01, 2010. The complete text is located at: 

http://uscode.house.gov/download/pls/20c28.txt. 

 -CITE- 

 20 USC CHAPTER 28 - HIGHER EDUCATION RESOURCES AND

 STUDENT ASSISTANCE 02/01/2010

-EXPCITE- 

 TITLE 20 - EDUCATION

 CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

-HEAD- 

 CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE 

-MISC1- 

 SUBCHAPTER I - GENERAL PROVISIONS

-CITE- 

 20 USC Sec. 1011i 

-EXPCITE- 

 TITLE 20 - EDUCATION

 CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

 SUBCHAPTER I - GENERAL PROVISIONS

 Part B - Additional General Provisions

-HEAD- 

 Sec. 1011i. Drug and alcohol abuse prevention

-STATUTE- 

 (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 re-entry 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,
Appendix D

266 The Handbook for Campus Safety and Security Reporting

 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;

 (B) determine the number of drug and alcohol-related

 violations and fatalities that - 

 (i) occur on the institution's campus (as defined in

 section 1092(f)(6) of this title), or as part of any of the

 institution's activities; and

 (ii) are reported to campus officials;

 (C) determine the number and type of sanctions described in

 paragraph (1)(E) that are imposed by the institution as a

 result of drug and alcohol-related violations and fatalities on

 the institution's campus or as part of any of the institution's

 activities; and

 (D) 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) of this section shall,

 upon request, make available to the Secretary and to the public a

 copy of each item required by subsection (a)(1) of this section as

 well as the results of the biennial review required by subsection

 (a)(2) of this section.

 (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) of this section; 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 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) of this section

 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.
The Handbook for Campus Safety and Security Reporting 267

Appendix E

Checklist for Campus Safety 

and Security Compliance
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Appendix E

The Handbook for Campus Safety and Security Reporting 269

Checklist for the Various Components of 

Campus Safety and Security Compliance

This list is designed to help you determine if you are meeting the various components of campus 

safety and security compliance. It is not a substitute for reading this handbook, as it provides 

only a brief description of the activities to be undertaken by an institution. Remember, if your 

institution has any separate campuses (see bullet no. 6 under “Other On-campus Considerations” 

in Chapter 2), the requirements must be met for each one individually. 

I. Geography (Chapter 2) Mandatory for all institutions. 

Office/Individual responsible

Location where documentation is kept

Date information was last updated

Your institution must disclose statistics for Clery Act crimes that occur on campus, in or 

on noncampus buildings or property and public property. 

Do you have an up-to-date list of the buildings and properties that your institution owns 

or controls and addresses for those buildings/properties? ......................................... 

Have you identified the appropriate geographic categories to which the buildings and 

property belong? ........................................................................................................ 

Have you identified public property that is within your campus or immediately 

adjacent to and accessible from your campus? .......................................................... 

II. Crime Statistics (Chapter 3) Mandatory for all institutions.

Office/Individual responsible

Location where documentation is kept

Your institution must collect statistics for reported crimes on your Clery geography. You 

must disclose the statistics in your annual security report and the annual Web-based data 

collection.

Do you have all records associated with your institution’s statistics? ............................. 

III. Campus Security Authorities (Chapter 4) Mandatory for all institutions.

Office/Individual responsible

Location where documentation is kept

Date policy and procedure were last updated

In addition to campus police or security personnel, if your institution has any, your institution 

must identify other individuals or offices with significant responsibility for student and 

campus activities. Alleged crimes reported to these campus security authorities are then 

reported by these campus security authorities to someone designated by the institution to 

collect such reports, such as the campus police or security department.
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270 The Handbook for Campus Safety and Security Reporting

Have you identified all of your institution’s campus security authorities? ..................... 

Have you provided your campus security authorities with the information and 

materials they need to document reported crimes? ...................................................... 

Do you have a procedure in place for collecting and reviewing crime reports from 

your campus security authorities? ................................................................................ 

IV. Statistics From Local Law Enforcement Agencies (Chapter 4) Mandatory for all

institutions.

Office/Individual responsible

Location where documentation is kept

Date policy and procedure were last updated

Your institution must make a good-faith effort to collect crime statistics for all Clery Act

crimes committed in applicable geographic locations from all law enforcement agencies 

with jurisdiction for your institution.

Have you made a good-faith effort to obtain the crime statistics from all of the law 

enforcement agencies with jurisdiction for your Clery geography? ............................ 

Have you requested statistics for all of your Clery geography? ...................................... 

Have you documented your institution’s efforts to obtain the statistics and, if 

applicable, documented any nonresponse on behalf of an agency (or agencies)? ....... 

V. The Daily Crime Log (Chapter 5) Mandatory for all institutions with a campus police or 

security department.

Office/Individual responsible

Location where documentation is kept

Date policy and procedure were last updated

Your institution must record all alleged criminal incidents, including non-Clery Act crimes, 

reported to the campus police or security department regardless of how much time has 

passed since the alleged incident occurred. Crimes are recorded by the date they are reported.

Do you have a hard copy or electronic crime log that includes:

The nature of the crime? ...................................................................................... 

The date and time the crime occurred? ................................................................ 

The general location of the crime? ....................................................................... 

The disposition of the complaint, if known? ....................................................... 

If you maintain an electronic log, do you have a back-up log in case there are 

technical problems? ..................................................................................................... 

Do you have more than one person trained to maintain the log? ..................................... 

Do you allow public access to the log? ............................................................................ 
Appendix E

The Handbook for Campus Safety and Security Reporting 271

VI. Emergency Response and Evacuation Procedures (Chapter 6) Mandatory for all

institutions. 

Office/Individual responsible

Location where documentation is kept

Date policy and procedure were last updated

Your institution must immediately notify the campus community (or a segment or segments 

of the campus community) upon the confirmation of a significant emergency or dangerous 

situation involving an immediate threat to the health or safety of students or employees 

occurring on the campus. 

Does your institution have written emergency response and evacuation procedures that 

address the following: 

 The procedures the institution will use to immediately notify the campus community upon 

the confirmation of a significant emergency or dangerous situation involving an 

immediate threat to the health or safety of students or employees occurring on the 

campus? ....................................................................................................................... 

A description of the process the institution will use to— 

a) Confirm that there is a significant emergency or dangerous situation as 

described above? ............................................................................................ 

b) Determine the appropriate segment or segments of the campus community 

to receive a notification? ................................................................................ 

c) Determine the content of the notification?..................................................... 

d) Initiate the notification system? ..................................................................... 

A statement that the institution will, without delay, and taking into account the safety 

of the community, determine the content of the notification and initiate the notification 

system, unless issuing a notification will, in the professional judgment of responsible 

authorities, compromise efforts to assist a victim or to contain, respond to or 

otherwise mitigate the emergency? ............................................................................. 

 A list of the titles of the person or persons or organization or organizations 

responsible for carrying out the actions described in (a) through (d) above? ............. 

 The institution's procedures for disseminating emergency information to the larger 

community? ................................................................................................................. 

 The institution's procedures to test the emergency response and evacuation procedures 

on at least an annual basis, including— 

Tests that may be announced or unannounced? ................................................. 

Publicizing its emergency response and evacuation procedures in 

conjunction with at least one test per calendar year? .................................... 

Documenting, for each test, a description of the exercise, the date, time 

and whether it was announced or unannounced? .......................................... 
Appendix E

272 The Handbook for Campus Safety and Security Reporting

Has your institution communicated with local police requesting their cooperation in 

informing the institution about situations reported to them that may warrant an 

emergency response? ................................................................................................... 

VII. Timely Warnings (Chapter 6) Mandatory for all institutions.

Office/Individual responsible

Location where documentation is kept

Date policy and procedure were last updated

Your institution must alert the campus community regarding any Clery Act crime that is 

reported to campus security authorities or local police agencies and is considered to 

represent a serious or continuing threat to students and employees. 

Does your institution have a written timely warning policy? .......................................... 

Does your institution have an individual or office responsible for issuing timely 

warnings? ..................................................................................................................... 

Does your institution have one or more methods of disseminating timely warnings? .... 

Has your institution communicated with local police requesting their cooperation in 

informing the institution about crimes reported to them that may warrant timely 

warnings? ..................................................................................................................... 

VIII. Annual Security Report (Chapters 7–9) Mandatory for all institutions. 

Office/Individual responsible

Location where documentation is kept

Date policy and procedure were last updated

Your institution is required to publish and distribute an annual security report by Oct. 1 to all 

enrolled students and all employees. You must provide notice, as appropriate, to all 

prospective students and employees. The report must contain crime statistics and various 

policy statements. The statements must accurately reflect how the policies are currently 

implemented.

Policy statements

Does your annual security report have statements addressing:

Current campus policies regarding procedures for students and others to report 

criminal actions or other emergencies occurring on campus? Does this 

statement include your institution’s policies concerning its response to these 

reports, and does it specifically address the following areas: 

Policies for making timely warning reports to members of the campus 

community regarding the occurrence of Clery Act crimes? ........................ 

Policies for preparing the annual disclosure of crime statistics? ..................... 
Appendix E

The Handbook for Campus Safety and Security Reporting 273

A list of titles of each person or organization to whom students and 

employees should report criminal offenses described in the law for 

the purpose of making timely warning reports and the annual 

statistical disclosure. This statement also must disclose 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? ........................................ 

Current policies concerning: 

Security of and access to campus facilities, including campus 

residences? ................................................................................................... 

Security considerations used in the maintenance of campus facilities? ........... 

Current policies concerning campus law enforcement, including: 

The law enforcement authority of campus security personnel? ....................... 

The working relationship of campus security personnel with state and 

local law enforcement agencies, including whether the institution has 

agreements with such agencies, such as written memoranda of 

understanding, for the investigation of alleged criminal offenses? .............. 

Policies which encourage accurate and prompt reporting of all crimes to 

the campus police and the appropriate law enforcement agencies? ............. 

A description of procedures, if any, that encourage pastoral counselors 

and professional counselors, if and when they deem it appropriate, to 

inform the persons they are counseling of any procedures to report 

crimes on a voluntary, confidential basis for inclusion in the annual 

disclosure of crime statistics? ....................................................................... 

A description of the type and frequency of programs designed to inform students 

and employees about campus security procedures and practices and to 

encourage students and employees to be responsible for their own security and 

the security of others? ............................................................................................ 

A description of programs designed to inform students and employees about the 

prevention of crimes? ............................................................................................. 

A policy concerning the monitoring and recording, through local police agencies, 

of criminal activity in which students engaged at off-campus locations of 

student organizations officially recognized by the institution, including student 

organizations with off-campus housing facilities? ................................................ 

A policy regarding the possession, use and sale of alcoholic beverages and 

enforcement of state underage drinking laws? ...................................................... 

A policy regarding the possession, use and sale of illegal drugs and enforcement 

of federal and state drug laws? .............................................................................. 
Appendix E

274 The Handbook for Campus Safety and Security Reporting

A description of any drug or alcohol abuse education programs as required under 

Section 120(a) through (d) of 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 HEA? .............................................................. 

A statement that the institution will, upon written request, disclose to the alleged 

victim of a crime of violence (as that term is defined in Section 16 of Title 18, 

United States Code), or a non-forcible sex offense, the report on the results of 

any disciplinary proceeding conducted by such institution against a student 

who is the alleged perpetrator of such crime or offense. If the alleged victim is 

deceased as a result of such crime or offense, the next of kin of such victim 

shall be treated as the alleged victim for purposes of this paragraph?. ................. 

A statement regarding your institution’s emergency response and evacuation 

procedures? (See this checklist’s no. VI for details.) ............................................ 

A statement regarding your missing student notification procedures? (See this 

checklist’s no. X for details.) ................................................................................. 

Your institution’s campus sexual assault programs to prevent sex offenses and procedures to 

follow when a sex offense occurs? Does your statement specifically include the following: 

A description of educational programs to promote the awareness of rape, 

acquaintance rape and other forcible and non-forcible sex offenses? ................... 

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? ........................................................................................................ 

To whom the alleged offense should be reported? ........................................... 

Information on a student’s option to notify appropriate law enforcement 

authorities, including: 

On-campus and local police? ............................................................................ 

A statement that institutional personnel will assist the student in 

notifying these authorities, if the student requests the assistance of 

these personnel? ........................................................................................... 

Notification to students of existing on- and off-campus counseling, mental health 

or other student services for victims of sex offenses? ........................................... 

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? ......... 

Procedures for campus disciplinary action in cases of an alleged sex offense, 

including a clear statement that: 

The accuser and the accused are entitled to the same opportunities to 

have others present during a disciplinary proceeding? ................................ 
Appendix E

The Handbook for Campus Safety and Security Reporting 275

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 ....................................................................................... 

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? ...................................... 

Have you provided a statement advising the campus community where law 

enforcement agency information provided by a state concerning registered sex 

offenders may be obtained, such as the law enforcement agency with 

jurisdiction for the campus or a computer network address? ...................................... 

Crime statistics

Does your annual security report contain statistics reported by year and geographic 

location for the following: 

Offenses

Murder and non-negligent manslaughter? ................................................................. 

Negligent manslaughter? ............................................................................................ 

Forcible sex offenses? ................................................................................................ 

Non-forcible sex offenses? ......................................................................................... 

Robbery? .................................................................................................................... 

Aggravated assault? ................................................................................................... 

Burglary? .................................................................................................................... 

Motor vehicle theft? ................................................................................................... 

Arson? ........................................................................................................................ 

Hate crimes

Murder and non-negligent manslaughter? ................................................................. 

Forcible sex offenses? ................................................................................................ 

Non-forcible sex offenses? ......................................................................................... 

Robbery? .................................................................................................................... 

Aggravated assault? ................................................................................................... 

Burglary? .................................................................................................................... 

Motor vehicle theft? ................................................................................................... 

Arson? ........................................................................................................................ 

Larceny-Theft? ........................................................................................................... 

Simple assault? ........................................................................................................... 

Intimidation? .............................................................................................................. 

Destruction/Damage/Vandalism of property? ........................................................... 
Appendix E

276 The Handbook for Campus Safety and Security Reporting

Arrests and referrals for disciplinary action

Weapons: Carrying, Possessing, Etc.? ....................................................................... 

Drug abuse violations? ................................................................................................ 

Liquor law violations? ............................................................................................... 

IX. Report to ED via the Web-based Data Collection (Chapter 9) Mandatory for all 

institutions.

Office/Individual responsible

Location where documentation is kept

Date policy and procedure were last updated

Your institution is required to submit the crime statistics from the annual security report to 

ED via an annual Web-based data collection. If your institution has one or more on-campus 

student housing facilities, you must submit the fire statistics from the annual fire safety 

report as well. 

Have you completed the Web-based data collection? ..................................................... 

X. Missing Student Notification Procedures (Chapter 10) Mandatory for all institutions with 

on-campus student housing facilities. 

Office/Individual responsible

Location where documentation is kept

Date policy and procedure were last updated

If a student who lives in on-campus student housing is determined to have been missing for 

24 hours, you have only 24 hours after receiving the report in which to initiate specific 

notification procedures. You must include your missing student notification policy and 

procedures in your annual security report. 

Does your policy statement: 

Indicate a list of titles of the persons or organizations to which students, 

employees or other individuals should report that a student has been 

missing for 24 hours? ................................................................................... 

Require that any missing student report must be referred immediately to 

the institution's police or campus security department, or, in the 

absence of an institutional police or campus security department, to 

the local law enforcement agency that has jurisdiction in the area? ............ 

Contain an option for each student to identify a contact person or 

persons whom the institution shall notify within 24 hours of the 

determination that the student is missing, if the student has been 

determined missing by the institutional police or campus security 

department, or the local law enforcement agency? ...................................... 
Appendix E

The Handbook for Campus Safety and Security Reporting 277

Advise students that their contact information will be registered 

confidentially, that this information will be accessible only to 

authorized campus officials and that it may not be disclosed, except 

to law enforcement personnel in furtherance of a missing person 

investigation? ............................................................................................... 

Advise students that if they are under 18 years of age and not 

emancipated, the institution must notify a custodial parent or guardian 

within 24 hours of the determination that the student is missing, in 

addition to notifying any additional contact person designated by the 

student? ......................................................................................................... 

Advise students that the institution will notify the local law enforcement 

agency within 24 hours of the determination that the student is 

missing, unless the local law enforcement agency was the entity that 

made the determination that the student is missing? .................................... 

Do your procedures include: 

If the student has designated a contact person, notifying that contact 

person within 24 hours that the student is missing? ..................................... 

If the student is under 18 years of age and is not emancipated, notifying 

the student's custodial parent or guardian and any other designated 

contact person within 24 hours that the student is missing? ........................ 

Regardless of whether the student has identified a contact person, is 

above the age of 18, or is an emancipated minor, informing the local 

law enforcement agency that has jurisdiction in the area within 24 

hours that the student is missing? ................................................................. 

XI. Fire safety log (Chapter 12) Mandatory for all institutions with on-campus student 

housing facilities.

Office/Individual responsible

Location where documentation is kept

Date policy and procedure were last updated

Your institution must maintain a written, easily understood fire log that records, by the 

date reported, any fire that occurs in an on-campus student housing facility. Fires are 

recorded by the date they are reported.

Do you have a hard copy or electronic fire log that includes:

The date the fire was reported? ........................................................................... 

The nature of the fire? ......................................................................................... 

The date and time of the fire? ............................................................................. 

The general location of the fire? ......................................................................... 

Do you allow public access to the log? ............................................................................ 
Appendix E

278 The Handbook for Campus Safety and Security Reporting

XII. Fire Safety Statistics (Chapter 13) Mandatory for all institutions with on-campus student 

housing facilities.

Office/Individual responsible

Location where documentation is kept

Date policy and procedure were last updated

Your institution must collect statistics for reported fires in on-campus student housing 

facilities. You must disclose the statistics in your annual fire safety report and the annual 

Web-based data collection.

Do you have statistics for each on-campus student housing facility for: 

The number of fires and the cause of each fire? .................................................

The number of persons with fire-related injuries for each fire? .........................

The number of fire-related deaths for each fire? ................................................

The value of property damage caused by each fire? ...........................................

XIII. Annual Fire Safety Report (Chapter 14) Mandatory for all institutions with on-campus 

student housing facilities.

Office/Individual responsible

Location where documentation is kept

Date policy and procedure were last updated

Your institution is required to publish and distribute an annual fire safety report by Oct. 1 to 

all enrolled students and all employees. You must provide notice, as appropriate, to all 

prospective students and employees. The report must contain fire statistics and various policy 

statements. The statements must accurately reflect how the policies are currently 

implemented.

Policy statements

Does your annual fire safety report have statements addressing:

A description of each on-campus student housing facility fire safety system? ... 

The number of fire drills held during the previous calendar year? ...................... 

Policies or rules on portable electrical appliances, smoking and open flames in 

a student housing facility? ............................................................................... 

Procedures for student housing evacuation in the case of a fire? ........................ 

Policies regarding fire safety education and training programs provided to 

the students and employees? In these policies, the institution must 

describe the procedures that students and employees should follow in 

the case of a fire............................................................................................... 

For purposes of including a fire in the statistics in the annual fire safety report, 

a list of the titles of each person or organization to which students and 

employees should report that a fire occurred? ................................................. 

Plans for future improvements in fire safety, if determined necessary by the 

institution? ....................................................................................................... 

Fire statistics

Does your annual fire safety report contain the required fire statistics? .......................... 
The Handbook for Campus Safety and Security Reporting 279

Index

A 

administrative personnel. See under separate campus

aggravated assault ......11, 34, 35, 39, 42–44, 52, 53, 54, 56, 

61, 62, 65, 118

as a hate crime ............................................... 56, 62, 153

classifying ................................ 34, 35, 39, 42–44, 54, 56

counting .......................................................................42

definition of ................................................................. 42

examples of ............................................................ 39, 44

position in crime hierarchy ....................................53, 54

alcohol policies .............................. 119, 120, 135, 136–137

regarding alcohol abuse education ..................... 136–137

 sample policy statement .........................................137

regarding alcoholic beverages and enforcement 

 of laws ............................................................ 120, 135

 sample policy statement .........................................135

annual fire safety report ........ 7, 8, 155, 156, 158, 171, 175,

177, 178, 179, 181, 186, 187, 189–197 

citation for ..................................................................189

contents of .......................................................... 189–197

 fire statistics ...........................................................197 

 policy statements ............................................ 190–196

 sample statements ...................................... 192–196

description of ..................................................... 189–190

distributing ................................................. 153–157, 189

 deadline for ............................................................189

 methods for .................................... 154–155, 156–157

 recipients of ................................................... 153–154

notice for ............................................................ 155–156

 sample notice for combined annual reports ............156

publishing ..189. See also annual security report, publishing

records retention for .......................................................157

relationship of fire log to ........................................ 171, 178

requirement for schools with on-campus 

student housing facilities ............................ 7, 8, 155, 171

separate campus compliance .......................... 119, 150, 155

annual security report ..................... 6, 8, 119–148, 149–157

citation for ..................................................................149

contents of .......................................... 119–148, 150–153

 crime statistics ............................................... 150–153

 policy statements ............................................ 119–148

 sample statements ............. 121, 122, 123, 124, 125, 

126–127, 128–130, 131, 132, 

133, 134–135, 136, 137, 138, 145, 147–148

description of ..................................................... 149–153

distributing ......................................... 154–155, 156–157

deadline for ............................................................149

methods of ..................................................... 154–155

recipients of ................................................... 154, 156

notice for ............................................ 154, 155, 156, 157

sample notice ..............................................155, 156

policy statement on preparing ................................... 122

sample policy statement ........................................ 122

publishing .......................................6, 154–155, 156–157

records retention ........................................................ 157

separate campus compliance ......................119, 150, 155

arrests ................................. 34, 53, 64–68, 70–71, 150, 151

citation for ................................................................... 64

classifying ................................................................... 65

counting ....................................................................... 66

definition of ................................................................. 65

entering statistics for ..........................................150–152 

examples of ........................................................... 70–71

 for drug abuse violations ................................... 70–71

 for liquor law violations .................................... 70–71

 for weapons: carrying, possessing, etc. ............. 70–71

juveniles ...................................................................... 65

position in crime hierarchy .................................... 53–54

officer discretion for ................................................... 66

statistics disclosed under ..................................34, 68–70

 drug abuse violations.....................................34, 68–69

 definition of.................................................... 68–69

 liquor law violations .......................................... 34, 69

 definition of.......................................................... 69

 weapons: carrying, possessing, etc. .................... 34, 68

 definition of.......................................................... 68

arson ...............................................................34, 51–52, 56

 as a hate crime.............................................................. 56

classifying ............................................................. 51, 56

counting ....................................................................... 51

definition of ................................................................. 51

examples of ........................................................... 52–53

hierarchy rule, exception to ......................................... 54

investigation of ............................................................ 51

position in crime hierarchy .......................................... 53

assaults to murder. See counting crimes, attempted crimes 

attempted murder. See counting crimes, attempted crimes

attempted crimes. See under counting crimes

B 

bias. See hate crimes, categories of bias

branch campus. See separate campus, types of 

burglary ..............................................34, 44–49, 50, 53, 56 

as a hate crime.............................................................. 56

classifying ........................................................44–45, 56

counting ............................................................44, 47–48

definition of ................................................................. 44

examples of ........................................................... 48–49

on public property ....................................................... 83

position in crime hierarchy .......................................... 53
Index

280 The Handbook for Campus Safety and Security Reporting

special rules for counting .......................................47–48

business day, definition of ...............................................94

C 

campus. See geographic locations to report for, on-campus

campus police or security department ..... 5, 6, 8, 23, 73, 74, 

76, 80, 82, 86

as campus security authorities .......................... 73, 74, 82

crime log requirement .......................... 5, 6, 8, 23, 89–90

description of ......................................................... 89–90

patrol jurisdiction of ............. 23, 31, 91–92, 93, 179, 186

providing sex offender registration information to

policies pertaining to .......................................... 125–129

 enforcement authority of ................................ 125–126

 sample statements ...................................... 126–127

 reporting crimes to ......................................... 129–130

 sample statement ........................................ 129–130

 working relationship with local law enforcement

 agencies ......................................................... 127–129

 sample statement ........................................ 128–129

campus security authorities ............ 8, 73–81, 111, 247–248

citation for ....................................................................74

collecting crime reports from .......................................79

definition of ................................................................. 74

examples of who to include .........................................75

examples of who not to include ...................................75

exemptions ............................................................. 77–78

function of ....................................................................76

good faith and ..............................................................76

recommendations with regard to ............................79–80

residence advisors or assistants ....................................75

sample letter to ................................................... 247–248

timely warning and ......................................... 80, 81, 111

training suggestions for ................................................81

campus security department. See campus police or security 

department

caveat, use of ......................... 25, 55, 72, 87, 150, 151, 177

citation. See arrests, definition of 

civil citation ......................................................... 65, 68, 69

Clery Act. See Jeanne Clery Disclosure of Campus Security 

Policy and Campus Crime Statistics Act (Clery Act)

clinical training ................................................................28

compliance ............................................. 2–3, 7–8, 269–278

as a requirement of Title IV ....................................... 2–3 

checklist for ....................................................... 269–278

exemption from .............................................................. 3 

timetable for ............................................................... 7–8 

confidential reporting. See voluntary confidential reporting

controlled by. See owned or controlled by

counselors ................................................... 75, 77–78, 112

pastoral ................................................................... 77–78

professional ............................................................ 77–78

timely warning requirement and ................................112

counting crimes ............................................33–72, 87, 151

attempted crimes ......................................................... 54

distinct operation ........................................40, 44, 51, 54

 definition of ............................................................. 40

hierarchy rule (for multiple offenses) ..............41, 50, 52, 

53–54, 91

 exception to ..................................................54, 61–62

 officer discretion ............................................ 66, 68

zero, use of ...........................................................87, 151

crime log ................................................5, 6, 23, 80, 89–96

annual security report, relation to .......................... 95–96

archiving ...................................................................... 96

availability of ........................................................ 94, 95

campus police or security department requirement ...... 5, 

89–90, 92

citation for ................................................................... 89

combining with state crime log ................................... 90

creating ........................................................................ 92

criminal incidents to include ................................. 90, 91

time frame for .............................................................. 94

updating ....................................................................... 94

geographic locations to include ............................. 91–92 

 patrol jurisdiction of campus police or security 

department ....................... 23, 31, 91–92, 93, 179, 186

institutions exempt from maintaining .......................... 89

maintaining ............................................................ 94–95

purpose of .................................................................... 90

required information .............................................. 92–94

sample log ................................................................... 92

unfounded crimes ........................................................ 95

withholding information ........................................ 94–95

crime classification .......................................................... 34

See also criminal homicide; sex offenses; robbery; 

aggravated assault; burglary; motor vehicle theft; arson; 

larceny-theft; simple assault; intimidation; 

destruction/damage/vandalism of property; arrests; and 

referrals for disciplinary action

guidelines to use .......................................................... 34

 citation for ............................................................... 34

 FBI’s Uniform Crime Reporting Handbook ............ 34

 FBI’s Uniform Crime Reporting Handbook, 

 NIBRS edition ...................................................... 34

 FBI’s Uniform Crime Reporting, Hate Crime Data 

 Collection Guidelines .......................................... 34

 FBI’s Uniform Crime Reporting, Training Guide for 

 Hate Crime Data Collection ................................ 34

crimes. See criminal homicide; sex offenses; robbery; 

aggravated assault; burglary; motor vehicle theft; arson; 

larceny-theft; simple assault; intimidation; 

destruction/damage/vandalism of property; arrests; 

referrals for disciplinary action
Index

The Handbook for Campus Safety and Security Reporting 281

criminal homicide .................................... 33, 35–37, 53, 54

murder and non-negligent manslaughter ......... 33, 35–36, 

41, 42, 53, 54, 56

 as a hate crime ..........................................................56

 as a result of an assault .............................................41

 attempts ....................................................................35

 classifying ................................................................35

 counting ...................................................................35

 definition of .............................................................35

 examples of ..............................................................36

 position in the crime hierarchy ................................. 53

negligent manslaughter .............................. 33, 35, 36, 53

 classifying ................................................................36

 counting ...................................................................36

 definition of .............................................................36

 example of ...............................................................37

 position in the crime hierarchy ................................. 53

D 

daily crime log. See crime log

destruction/damage/vandalism of property ... 34, 56, 58–59, 

64, 153

classifying .............................................................. 58–59

definition of ................................................................. 58

example of ...................................................................64

disciplinary proceeding for crimes of violence or nonforcible sex offenses. See annual security report, policy 

statements

disciplinary referrals. See referrals for disciplinary action.

distance education-only schools ......................................... 3 

distinct operation, definition of. See under counting crimes, 

distinct operation

documentation ..............80, 81, 84, 86, 87, 92, 94, 108, 157

annual fire safety report, supporting records for ........157

annual security report, supporting records for ............157

crime log ................................................................ 92, 94

recordkeeping ..............................................................80

law enforcement officer discretion .........................66, 68

local police ....................................................... 84, 86, 87 

dormitories. See geographic locations to report for, oncampus student housing facilities

double counting, avoiding ..........................................81, 85

drug abuse violations. See under arrests, statistics disclosed 

under; see also under referrals for disciplinary action, 

statistics disclosed under

drug policies addressed in annual security report ..136–137

regarding drug abuse education ................................. 136

 sample statement ....................................................137

regarding illegal drugs and enforcement of laws .......136

 sample statement ....................................................136

E 

emergency response and evacuation procedures .......1, 6, 8,

97–110

annual security report requirement .............................. 98

citation for ................................................................... 97

comparison with timely warning ............................... 118

description of statement requirements ..................99–110

 sample policy and procedures 

 statements .......................................104–106, 108–110

 sample announcement for student 

 e-mail sign-up .................................................... 101

purpose of ...................................................................... 6 

entering statistics in the annual security report .......150–151

sample crime statistics table ...................................... 152

exemptions, reporting .....................................3, 77–78, 112

institutional .................................................................... 3 

pastoral counselor ...........................................77–78, 112

professional counselor ....................................77–78, 112

excluded crimes ......................................................... 71–72

externships ...................................................................... 28

F 

false or baseless crimes. See unfounded crimes

Family Educational Rights and Privacy 

Act (FERPA) ...............................114, 144, 146, 164, 174

disciplinary proceedings and ..................................... 144

fire safety regulations and ......................................... 174

missing students contact information and .................. 164

sex offender registration information policy and ....... 146

timely warnings and .................................................. 114

Federal Bureau of Investigation (FBI) publications. See 

under crime classification, guidelines to use

FERPA. See Family Educational Rights and Privacy Act 

(FERPA)

field trips, disclosing statistics for ................................... 30

fire ..................................................171, 172–174, 181–182

causes of .................................................................... 182

 intentional fire ....................................................... 182

 undetermined cause ............................................... 182

 unintentional fire ................................................... 182

classifying ..........................................................172–174

definition of ........................................................171, 181

citation for.............................................................. 171

fire log ............................................................7, 8, 175–179

archiving .................................................................... 178

annual report to campus community on ..................... 179

availability of .....................................................175, 178

citation for ................................................................ 175

combining with crime log ...................................178–179

creating ...............................................................176–178

fires to include ....................................................175–176

maintaining ................................................................ 178

required elements in ...........................................176–177

requirement for schools with on-campus 

student housing facilities ....................................7, 8, 175
Index

282 The Handbook for Campus Safety and Security Reporting

sample log ..................................................................178

time frame for ............................................................178 

updating .....................................................................178

fire safety requirements .................. 1, 5, 7, 8, 17, 151, 158, 

171–186. See also annual fire safety report; 

fire log; fire statistics

fire statistics............................ 7, 8, 171, 181–187, 190, 197

arson and............................................................. 185–186

citation for...................................................................181

classifying and counting ..................................... 181–186

on-campus student housing and facilities and ....... 6–7, 8, 

17, 189

sample reporting table for...........................................187

forcible fondling. See under sex offenses, forcible, 

classifications of

forcible rape. See under sex offenses, forcible, 

classifications of

forcible sodomy. See under sex offenses, forcible, 

classifications of

foreign institutions, U.S.-owned .................................. 3, 17

foreword to handbook ....................................................... xi 

foundations, institution-associated ...................................13

fraternity houses. See under geographic locations to report

for, on-campus student housing facilities; see also

noncampus, student housing; see also annual security 

report, contents of, policy statements

G 

geographic locations to report for ..............................11–32

citation for ....................................................................11

on campus ....................................................................12

 definition of .............................................................12

 types of campuses ..............................................14–17

on-campus student housing facilities .....................17–18

 as subset of on campus .............................................17

 definition of .............................................................17

 examples of ........................................................ 17–18

noncampus ............................................................. 25–31

 definition of .............................................................25

 examples of what to include or not to include ....26–31

 student housing ...................................... 25, 26, 28–30

patrol jurisdiction of campus police or security 

department. See under crime log, geographic locations to 

include 

public property ....................................................... 18–24

 accessibility, determining ...................................19–20

 definition of .............................................................19

 identifying .......................................................... 18–19

 lack of ................................................................ 23–24

 public parking facilities or lots ...........................21, 22

 public parks ..............................................................22

 public waterways .....................................................22

 sidewalk, street, sidewalk ...................................19, 20

good faith .................................................................. 73, 76

campus security authorities ......................................... 76

reported crimes ............................................................ 73

good-faith effort. See under local law enforcement 

agencies, requesting crime statistics from

H 

handbook questions, e-mail address for ............................. 9 

 inside back cover

hate crimes .......................................................1, 34, 55–62

categories of bias ................................................... 55–56

cautions with regard to .......................................... 59–61

citation for ................................................................... 55

classification guidelines ........................................ 59–61

definition of ................................................................. 55

examples of ........................................................... 62–64

HEOA-added ......................................................1, 56–59

hierarchy rule, exception to ................................... 61–62

rules for counting .................................................. 61–62

types of .................................................................. 56–59 

 aggravated assault ..... 56. See also aggravated assault

 arson ................................................56. See also arson 

 burglary ..................................... 56. See also burglary

 destruction/damage/vandalism of property ........34, 56, 

 57, 58–59

 definition of ......................................................... 58

 classifying ..................................................... 58–59 

 forcible sex offenses ........................... 56. See also sex 

offenses forcible

 non-forcible sex offenses ..... 56. See also sex offenses,

 non-forcible

 intimidation ............................................34, 56, 57, 58

 definition of ......................................................... 58

 larceny-theft ...................................................... 34, 56

 definition of ......................................................... 57

 classifying ........................................................... 57

 motor vehicle theft ..... 56. See also motor vehicle theft

 murder and non-negligent manslaughter .. 56. See also 

murder and non-negligent manslaughter

 robbery ........................................ 56. See also robbery 

 simple assault ...............................................34, 56, 58

 definition of ......................................................... 56

hierarchy rule (for multiple offenses). See under counting 

crimes

higher education act (HEA) ..................... 1, 2, Appendix A

higher education opportunity act (HEOA) ...1, Appendix A

I 

incest. See under sex offenses, non-forcible, classifications 

of

internships ....................................................................... 28

institution eligibility .......................................................... 2 

institutional policy, violation of ................................ 64, 67
Index

The Handbook for Campus Safety and Security Reporting 283

intimidation. See under hate crimes, types of

J 

Jeanne Clery Disclosure of Campus Security Policy and 

Campus Crime Statistics Act (Clery Act)......xi, 1–2, 5–8, 

9, Appendix A

compliance requirements for .....xi,1–2, 5–8, Appendix A

legislation ..................................................... Appendix A

noncompliance with ................................. 9, Appendix A

juveniles. See under arrests

K 

kidnapping .....................................................................112

L 

larceny-theft. See under hate crimes, types of

liquor law violations. See under arrests, statistics disclosed 

under; see also under referrals for disciplinary action, 

statistics disclosed under

local law enforcement agencies ............ 1, 8, 73, 82, 83–87, 

Appendix B, Appendix C

definition of ................................................................. 82

examples of ..................................................................82

policy regarding .........................................................127

 sample MOU ............................................. Appendix C

 sample statements .......................................... 128–129

requesting crime statistics from .................. 8, 73, 83–87 

 citation for ................................................................82

 good-faith effort .......................................................82

 red flags for statistics from .......................................83

 sample letter for requesting crime 

 statistics ....................................................Appendix B

 timely warning and ................................................113

M 

management companies and student housing ..................29

map, use of ................................................................. 31, 85

mediation. See under referrals for disciplinary action

medical centers ................................................................48

memoranda of understanding (MOUs) ......... 127, 128–129,

Appendix C

policy statement addressing .......................................127

 sample policy statements ............................... 128–129

 sample MOU .............................................Appendix C

military bases ............................................................. 17, 28

missing student notification ........... 6, 8, 138–139, 161–169

citation for ..................................................................161

policy and procedures ........................................ 161–169

 sample contact registration form ............................169

 sample statement ....................................................168

mixed-use apartment buildings ..................................28–29

motor vehicle theft ................................... 34, 50–51, 53, 56

as a hate crime ............................................................. 56

classifying ................................................................... 50

counting ....................................................................... 50

definition of ................................................................. 50

examples of ................................................................. 51

position in the crime hierarchy .................................... 53

murder and non-negligent manslaughter. See under

criminal homicide

N 

negligent manslaughter. See under criminal homicide

noncampus. See under geographic locations to report for

noncompliance. See under Jeanne Clery Disclosure of 

Campus Security Policy and Campus Crime Statistics 

Act (Clery Act)

O 

official ................................ 66, 74, 75, 76, 78, 99, 103, 175

definition of ..........................................................74, 175

emergency notification and ..................................99, 103

missing student notification and ................................ 164

reported fires and ................................................173, 175

officer discretion. See under arrests; referrals for 

disciplinary action

on-campus. See under geographic locations to report for

on-campus student housing facilities. See under geographic 

locations to report for

online schools. See distance education-only schools

owned or controlled by ...... 4, 12–13, 15, 17, 18, 19, 25, 26, 

28, 185

definition of ........................................................... 12–13

fraternity/sorority houses ....................................... 18, 25

on-campus discussion regarding ............................ 12–13

on-campus student housing facilities discussion 

 regarding ........................................................... 17–18

 fire statistics for 7185

noncampus discussion regarding ......................25, 26, 28

written agreement .. 12, 13, 15, 17, 18, 19, 26, 27, 28, 31, 

P 

parking lots/facilities ....................13, 14, 15, 19, 21, 22, 27

on-campus ..................................................13, 14, 15, 22

noncampus ................................................................... 27

public property .................................................19, 21, 22

patrol jurisdiction. See under crime log, patrol jurisdiction 

of campus police or security department

pastoral counselor ...............................77, 78, 112, 130–131

definition of ................................................................. 77

policy addressing ....................................................... 130

 sample statements .................................................. 131

reporting exemption for ..................................77, 78, 112
Index

284 The Handbook for Campus Safety and Security Reporting

personally identifying information ..... 55, 81, 114, 146, 177

crime reporting and ................................ 55, 81, 114, 146

fire log ........................................................................177

timely warning ...........................................................114

police. See campus police or security department; local 

law enforcement 

policy statements. See under annual fire safety report, 

contents of; see also under annual security report, 

contents of

preferred leasing ..............................................................30

prisons ..............................................................................28

professional counselor ....................... 77, 78, 112, 130–131

definition of ................................................................. 77

policy addressing .......................................................130

 sample statements ..................................................131

reporting exemption for ................................. 77, 78, 112

program agreements ................................................... 27–28

Program Participation Agreement (PPA) ..................2, 138, 

Appendix A

prospective employees ........................................... 6, 7, 154

annual fire safety report and ...................................7, 154 

annual security report and ......................................6, 154 

definition of ...............................................................154

prospective students ............................................... 6, 7, 154 

annual fire safety report and ................................... 7, 154 

annual security report and ......................................6, 154 

definition of ...............................................................154

public property. See under geographic locations to report 

for

R 

rape, acquaintance. See under sex offenses, forcible 

rape, forcible. See under sex offenses, forcible, 

classifications of

reasonably contiguous, definition of ................................13

referrals for disciplinary action ......... 34, 53–54, 64, 66–71, 

150–152

citation for ....................................................................64

counting ................................................................. 67–68

definition of ........................................................... 66–67

entering statistics for .......................................... 150–151

examples of ............................................................ 70–71

 for drug abuse violations ....................................70–71

 for liquor law violations .....................................70–71

 for weapons: carrying, possessing, etc. ..............70–71

officer discretion for ....................................................68

mediation .....................................................................67

position in crime hierarchy ....................................53–54

sanction ........................................................................66

statistics disclosed under .................................. 34, 68–70

 drug abuse violations, definition of ....................68–69

 classifying ............................................................69

 liquor law violations, definition of ...........................69

 classifying ..................................................... 69–70

 weapons: carrying, possessing, etc., definition of ... 68

 classifying ........................................................... 68

reported crimes, definition of .................................... 73–74

research boats/ships, disclosing statistics for ................... 31

residence halls. See under geographic locations to report 

for, on-campus student housing facilities 

resident advisors or assistants. See under campus security 

authorities

robbery .....................................................34, 40–41, 53, 56

as a hate crime ............................................................. 56

classifying ............................................................. 40–41 

counting....................................................................... 40 

definition of ................................................................. 40 

example of ................................................................... 41 

position in crime hierarchy .......................................... 53

rumor, hearsay. See under good faith, reported crimes

S 

satellite location. See separate campus, types of

school. See separate campus, types of

school participation team ................................................... 2 

security department. See campus police or security 

department

separate campus .............................................15–17, 31, 95

administrative personnel .............................15–16, 17, 31

compliance requirements for.................................. 15, 31

crime log ..................................................................... 95

definition of ................................................................. 15

types of .................................................................. 16–17

sex offenses ..............................33–34, 37–40, 56, 141–145

definition of ............................................................... 141

forcible .................................................................. 37–38

 as a hate crime ......................................................... 56

 classifications of ................................................ 37–38

 forcible fondling .................................................. 38

 forcible rape ......................................................... 37

 forcible sodomy ............................................. 37–38

 sexual assault with an object ............................... 38

 counting ................................................................... 37

 definition of.............................................................. 37 

 examples of ....................................................... 38–39

non-forcible ........................................................... 39–40

as a hate crime ............................................................. 56

 classifications of ...................................................... 39

 incest ................................................................... 39

 statutory rape ....................................................... 39

 counting ................................................................... 39

 definition of ............................................................. 39

 examples of ............................................................. 40

policy citation ............................................................ 161 

policy regarding ..................................................141–144

 sample statement ................................................... 145
Index

The Handbook for Campus Safety and Security Reporting 285

sex offender registration information ..................... 146–148

citation for ..................................................................146

FERPA and ........................................................ 146–147

Megan’s laws, comparison with ................................. 146

policy statement regarding .........................................146

 sample statements .......................................... 147–148

sexual assault with an object. See under sex offenses, 

forcible, classifications of

shared campus. See geographic locations to report for, on 

campus, types of campuses

simple assault. See under hate crimes, types of 

sorority houses. See under geographic locations to report 

for, on-campus student housing facilities; see also 

noncampus student housing; see also annual security 

report, contents of, policy statements

state crime log. See crime log, combining with state crime 

log

statutory age of consent. See sex offenses, non-forcible, 

classifications of, statutory rape

statutory rape. See under sex offenses, non-forcible, 

classifications of

student financial assistance programs, examples of ........... 2 

student teaching ...............................................................28

study abroad programs, disclosing statistics for ...............30

summons. See arrests, definition of

T 

table of contents ...........................................................iii–ix 

third party ................................................ 18, 28–29, 73, 77

crime reports from ................................................. 73, 77

written agreements with .................................. 18, 28–29

timely warning ............................. 5, 8, 80, 81, 97, 111–118

campus security authorities and ..................... 80, 81, 111

citation for ..................................................................111

comparison with emergency response ........................118

content to include in ...................................................113

crimes exempt from ...................................................112

crimes subject to ................................................ 111–112

decision to issue ................................................. 112–113

FERPA, relation to .................................................... 114 

policy statement on .............................................120–121

 sample statement ................................................... 121

 sample timely warnings ..................................115–117

Title IV ................ 1, 2, 3, 14, 18, 23, 25, 97, 111, 136, 149, 

154, 158–159

trespass. See under burglary, classifying

U 

unfounded crimes ...................................................... 72, 95

Uniform Crime Reporting handbook (UCR). See under 

crime classification, guidelines to use

V

voluntary confidential reporting..............................123–124

policy statement regarding ............................................ 123

 sample statements .................................................. 124

 with regard to counselors ................................130–131

 sample statements .............................................. 131

W 

weapons: carrying, possessing, etc. See under arrests, 

statistics disclosed under; see also under referrals for 

disciplinary action, statistics disclosed under

Web-based data collection .....6, 7, 8, 53, 55, 72, 85, 87, 95, 

157–159, 181

accessing user’s guide for ...................................... 6, 158

description of ......................................................157–159

entering statistics in ........ 33, 55, 72, 85, 87, 95, 130, 181

requirement ........................................................... 6, 7, 8

whistle-blower protection .................................................. 9 

withholding information. See under crime log

witness. See reported crimes, definition of

written agreement. See under owned or controlled by
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