Sec. 905-50: Clery Act Compliance Procedures

Contents

A. University Policy

The University of California’s Clery Act Policy – Campus Safety and Security Reporting (UC Clery Act Policy) mandates that each campus must comply with the requirements set forth in the Clery Act and California state laws in order to provide a safe and secure learning and work environment for UC students and employees.

B. Purpose and Scope

These procedures:

• Implement the UC Clery Act Policy at UCI (including the campus and the Medical Center);
• Assist the campus community in understanding, and complying with, Clery Act requirements; and
• Provide UCI-specific guidance on reporting obligations, responsibilities, and contact information.

C. Definitions

These and other definitions of Clery Act related terms can be found in the UC Clery Act Policy (section II.) and in the Clery Act Regulations.

1. Annual Security Report (ASR): The Clery Act requires those postsecondary institutions participating in the Higher Education Act’s Title IV student financial assistance programs and each of their separate campuses to annually publish, by October 1, a report containing the campus safety policy statements and Clery Crime statistics for the three most recent calendar years. This annual report is known as the Annual Security Report (ASR).
   • The UCI and UCI Health ASR and Annual Fire Safety Report are distributed annually to students, staff, and faculty via campuswide e-mail. The reports are posted on the UCI Police Department (UCIPD) Clery Act Resources website and paper copies of these reports are available upon request by calling UCIPD at (949) 824-1885.
2. Campus Security Authority (CSA): Individuals at the University who because of their functional role have an obligation to notify the University department responsible for collecting crime information (i.e., the campus police department) of alleged Clery Crimes that are reported to or witnessed by the CSA. UCI utilizes the definition of Campus Security Authority provided in the Clery Act Regulations in identifying and determining UCI CSAs. CSAs include campus police employees and other persons who:
   1. Have responsibility for campus security but who are not employees of a campus police department or a campus security department;
   2. As specified in the Annual Security Report an individual or organization to whom students and employees should report criminal offenses; or
   3. Have significant responsibility for student and campus activities, including, but not limited to, student housing, student discipline and campus judicial proceedings.

   CARE Advocate: University staff employees who are professionally trained and certified to provide confidential support and counseling services to victims of sexual violence, sexual assault, domestic violence, dating violence or stalking. An employee whose official responsibilities include providing professional or pastoral counseling to members of the UC community and who is functioning within the scope of their license or certification is not a CSA.

   • UCI Campus Assault Resources & Education (CARE) Office website
   • UCI CARE Office contact information
3. Clery Crimes: The Clery Act requires that certain crimes occurring on campus Clery Geography (as defined below) be reported annually by the campus to the U.S. Department of Education and shared with the University Community.

   The following offenses are Clery Crimes:

   • Criminal homicide (murder and non-negligent manslaughter and manslaughter by negligence)
   • Sex offenses (rape, fondling, incest and statutory rape)
   • Robbery
   • Aggravated assault
   • Arson
   • Burglary
   • Motor vehicle theft
   • Domestic violence/dating violence
   • Stalking
   • Hate Crimes (as defined in the UC Clery Act Policy, section II.J.), and
   • Arrests or referrals for disciplinary action for drug abuse, liquor or weapons law violations.
4. Clery Geography: The campus geographic areas, as defined by the Clery Act, for which Clery Crimes are required to be reported. UCI utilizes the definition provided in the Clery Act Regulations to determine UCI’s Clery Geography. The geographic categories include the following:
   1. On-Campus – Any building or property:
      1. owned or controlled by the University within the same reasonably contiguous geographic area and used by the University in direct support of, or in a manner related to, the University’s educational purposes, including residence halls; or
      2. that is within or reasonably contiguous to the campus that is owned by the University but controlled by another person, is frequently used by students, and supports institutional purposes (such as a food or other retail vendor).
   2. Public Property – All public properties, including thoroughfares, streets, sidewalks, and parking facilities, that are within the campus, or immediately adjacent to and accessible from the campus.
   3. Non-Campus Property
      1. Buildings or property that are:
         • owned or controlled by the University; and
         • used in direct support of, or in relation to, the University’s educational purposes, and
         • frequently used by students, and
         • not within the same reasonably contiguous geographic area of the University campus; or
      2. Any building or properties owned or controlled by a student organization that is officially recognized by the University; or
      3. Any property outside of the United States if the property otherwise meets the definition of Non-Campus Property described above in subsections i. or ii.

D. Responsibilities / Authority

1. Clery Act Compliance Program Manager:
   1. Is UCI’s Clery Coordinator/Officer (UC Clery Act Policy, section IV.B.);
   2. Has authority to determine and designate who is a UCI CSA;
   3. Will determine if a reported crime is a Clery Crime; and
   4. Will perform all responsibilities listed in Section IV.B. of the UC Clery Act Policy.
2. Campus Security Authority (CSA):
   1. Must report all Clery Crimes to the Clery Act Compliance Program Manager.
      • CSAs should not investigate reported crimes, only report them.
   2. Must complete CSA training provided by UCI.

E. Procedures

1. Reporting Process
   1. CSAs must submit a Campus Security Authority (CSA) form to the Clery Act Compliance Program Manager as soon as reasonably possible after the Clery Crime is reported to them or they become aware of it.
      • All identified CSAs will utilize the CSA form to report Clery Act crimes. If the CSA is the campus police department, Clery Act crimes will be submitted via a police report, which the Clery Act Compliance Program Manager reviews daily and will classify and record in the Daily Crime & Fire Log and the ASR.
      • The CSA form can be found on the UCI Police Department Clery Act Resources website.
   2. When completing the CSA form:
      • Report only facts. Use the same words the person reporting the crime used.
      • Do not include personal information on the CSA form unless given permission to do so. Personal information is defined as, but not limited to, first and last name, student identification number, phone number, and email address.
   3. Email the completed form to the Clery Act Compliance Program Manager at clery@uci.edu.
   4. The Clery Act Compliance Program Manager:
      1. receives CSA reports from CSAs as they become aware of a Clery Crime;
      2. serves as the point of contact to receive CSA forms and classify Clery Act crimes;
      3. assists, as necessary, in classifying a Clery Act crime;
      4. reconciles any multiple reporting of Clery Act crimes or missed crimes; and
      5. meets monthly with departments to reconcile the CSA forms submitted.
2. CSA Form Assessment
   1. After the CSA form is filed, the Clery Act Compliance Program Manager will review it, and;
   2. If it meets the definition of a Clery Crime and occurred within UCI Clery Geography, will determine whether a Timely Warning needs to be issued.
   3. Clery Crimes, within UCI Clery Geography, will be:
      1. Entered into the Daily Crime & Fire Log; and
      2. Recorded in the ASR.
3. Crime Statistics
   1. The Clery Act Compliance Program Manager (or designee) is responsible for:
      1. the collection and compilation of crime statistics for Clery Crimes, including hate crimes, by and through working relationships with CSAs, UCIPD and campus offices;
      2. conducting documented outreach to law enforcement agencies to request Clery Crimes that may have occurred during university sponsored travel or in buildings UCI owns or leases that are outside of UCIPD jurisdiction; and
      3. consulting with the Campus Safety and Security Helpdesk, should assistance be needed with classification.
   2. The Chief of Police (or designee) will review and check for accuracy of crime classifications and ensure staff are following the process on how to identify and report Clery Crimes.
4. Clery Compliance Workgroup
   1. The Clery Compliance Workgroup is a cross-divisional collaboration inclusive of, but not limited to, the following departments:
      • Dean of Students
      • Student Affairs Office
      • Title IX Office
      • UCI Police Department
      • Student Housing
      • Athletics
      • Global Engagement Office
      • Strategic Communications
      • Greek Life
      • Office of Academic Integrity & Student Conduct
      • Emergency Management
      • Student Wellness and Health Promotion
      • Compliance Office
      • Human Resources
      • Campus Counsel
   2. The workgroup will assist the Clery Act Compliance Program Manager with:
      1. the collection of Clery Act crime data; and
      2. developing, writing, reviewing and ensuring the accuracy of the ASR, and the campus security policies required to be included in the ASR.
   3. Departments in the cross-divisional work group are responsible for notifying the Clery Act Compliance Manager and Chief of Police (or designee) of any updates to campus security policies summarized or contained in the ASR.

F. Noncompliance

Noncompliance with the Clery Act and these UCI Clery Act Compliance Procedures may result in the University receiving fines for each violation and may lose access to state and federal funding.

G. Frequently Asked Questions

1. What if I’m not sure a Clery Crime actually happened?

   When in doubt contact the Clery Act Compliance Program Manager to assist (clery@uci.edu or (949) 824-1227).

2. What if I don’t want to be a CSA?

   The Clery Act defines those individuals who must act as CSAs. If your position functions fall into one of those categories, you cannot opt out of being a CSA and are required to report Clery Crimes that are reported to you.

   If you believe you have been mistakenly identified as a CSA because your position functions do not fall into one of the identified categories of employees, contact clery@uci.edu, and provide an explanation or your position description for review.

3. Which schools must comply with the Clery Act?

   All institutions of postsecondary education, both public and private, that participate in federal student aid programs must publish and disseminate an annual campus security report as well as make timely warnings of any criminal activities.

4. Does someone have to be convicted of a crime before it is reportable under the Clery Act?

   No. Crimes are counted when they are reported regardless of prosecution.

5. If I’m a responsible employee and CSA do I have to report to both the TIX/OEOD office and send in a CSA form?

   Yes. Title IX and Clery Act are two different laws that need to be reported to two different departments at UCI.