Guidelines for Campus Security Authorities
Overview of the Clery Act
Jeanne Clery, a Lehigh University freshman, was assaulted and murdered in her dorm room in April of 1986. The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, hereafter referred to as the Clery Act, was enacted in the hope that awareness of criminal activity can help to reduce the likelihood of victimization. The Clery Act requires colleges and universities receiving federal funding (including West Texas A&M University) to prepare, publish, and distribute campus security policies and crime statistics.
The crime statistics reported in compliance with the Clery Act are obtained from reports to the West Texas A&M University Police Department, local law enforcement agencies, and "Campus Security Authorities." Reports made to Campus Security Authorities may also provide the basis for the issuance of Timely Warnings or Emergency Notifications through Buff Alert and the BRG Emergency Mass Notification System.
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the “Clery Act”), found at 20 U.S.C. 1092(f), imposes reporting obligations on certain institutions of higher education with respect to certain crime statistics, arrests, and campus disciplinary actions. Requirements of the Clery Act include policy disclosures, records collection and retention (e.g. daily crime log), and information dissemination (e.g. timely warnings, annual security report).
Who is a Campus Security Authority?
For your additional information, the four groups are listed, below, but as a WTAMU employee, you will be designated and trained as a Campus Security Authority.
A campus police department or a campus security department of an institution.
If you have a police or security department, it is obvious that the department meets this requirement. However, have all employees in the department been trained about the fact that they are CSAs?
Consider: Campus police officers, front line supervisors, and administrators, such as a Lieutenant, Captain, Assistant Chief, Victim Services Coordinator, etc. Basically, all of the employees in the department, except office support staff, are campus security authorities. Keep in mind that this includes student employees (other than office staff) who handle tasks like patrolling, monitoring access, providing a driving or walking safety escort, etc.
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).
Consider: All individuals who provide security or monitor access to campus parking facilities, or monitor access into a campus facility, such as the library, student union, or athletic facility. The University should assess the duties of people in these roles on campus. Do they actually monitor access, such as checking IDs or allowing people to enter? If so, they are CSAs. Are they working at an information desk or booth, but are not monitoring access into the facility? If they are not acting as security or monitoring access, they are not a CSA. Individuals functioning in the role of event security are campus security authorities and this includes professional staff members, student employees and contract event security staff. Safety escort service for members of your campus community and/or visitors are campus security authorities (even if they are volunteers).
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.
WTAMU publishes the annual Campus Security and Fire Safety Report (by Oct. 1 of each year). The link for the document is www.wtamu.edu/safety and provides the following specified WTAMU Reporting and Disclosure Procedures: Members of the West Texas A&M University community are encouraged and all faculty and staff members who have significant student- and campus-activity responsibilities are required to report violations of federal, state and local laws and University guidelines. These violations as well as any public safety related incidents should be promptly reported to the University Police Department. Reporting responsibilities also extend to WTAMU mental health counselors, who may encourage their clients to consider voluntarily and confidentially reporting crimes, when applicable. These and all such reports are compiled and coordinated through the University Police Department and the Office of the Vice President for Student Affairs. Each violation, whether or not a formal police report is filed or an investigation ensues, counts as one offense and is reflected on the University’s annual crime statistics report.
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.
Consider: This is the most challenging CSA identification area because the concept of “significant responsibility for student and campus activities” is quite broad. Official responsibilities and job titles vary significantly at each campus, which is why Education Department doesn’t provide an all-inclusive list of specific titles in the regulations. The handbook states, “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.” Examples of individuals whose positions should be assessed because they probably meet the criteria for being campus security authorities include (this list is expanded from the list in the new ED Handbook, to provide more context):
Examples of individuals who would not meet the criteria for being campus security authorities on any campus other than WTAMU include:
How to Submit a Campus Security Authority
Submission is not necessary on the WTAMU campus. In order to promote a safe campus and encourage timely reporting of criminal statistics concerning the occurrence of certain criminal offenses, President Walter Wendler designates all WTAMU employees and student employees as “Campus Security Authorities.” The only exemptions allowed will be for a physician in a campus health center, a pastoral counselor or a counselor in a counseling center while serving in those designated positions. Each year in January and September, an electronic, university-wide email is sent providing an update of Clery information and notifying employees and student employees of their CSA designation. Annual on-line training is required of current employees and is designated as required training for all new employees within 30 days of employment. Additional information may be requested by contacting Meri Lyn Odell, Clery Coordinator at firstname.lastname@example.org or 806.651.2307.
What are Campus Security Authorities Required to Do?
CSAs are responsible for reporting to the official or office designated by the institution (WTAMU Police Department) to collect crime report information, those allegations of Clery Act crimes that he or she receives. The crimes specified in the Clery Act are murder/non-negligent manslaughter, negligent manslaughter, sexual assault (rape, fondling, incest and statutory rape), robbery, aggravated assault, burglary, motor vehicle theft, and arson. If there is evidence that the perpetrator was motivated by bias, then simple assault, larceny (theft), intimidation, and vandalism must be reported as well (please see the definitions provided below). Timely submission of reports by CSAs is very important. If a crime is reported to a CSA, but goes no farther than that, WTAMU will be unable to fully meet its obligations under the law. Moreover, the campus community may lack information that could help them to stay safe.
What Should a Campus Security Authority Avoid Doing?
CSAs are not responsible for investigating or reporting incidents that they overhear students talking about in a hallway conversation’ that a classmate or student mentions during an in-class discussion; that a victim mentions during a speech, workshop, or any other form of group presentation; or that the CSA otherwise learns about in an indirect manner. These are matters best left to law enforcement personnel. CSAs should refrain from attempting to convince a victim to contact law enforcement if the victim chooses not to do so. However, they may note that crimes can be reported to the police anonymously.
How do Campus Security Authorities Fulfill Their Responsibilities?
When a crime is reported to a CSA, they should first ask the reporting party if they would like to report the crime to the police. If they would, they should contact the West Texas A&M University Police Department at (806.651.2300). The police department is located at 301 23rd Street (Old Sub 102). In the event that an in-progress emergency is being reported, the reporting party should be advised to call 911 immediately. If they are unable to, the CSA may do so on their behalf.
If the reporting party does not want to contact the police about the crime, the CSA should complete a Campus Security Authority Crime Report Form. Even if the reporting party does wish to contact the police about the crime, the CSA may complete the form for their records (check the appropriate box for the law enforcement agency the crime was/will be reported to). The procedure for completing the form is as follows:
Campus Security Authority Training
CSA’s (all WTAMU employees and student employees) will be assigned Campus Security Authority training via TrainTraq (Clery Act Guidelines for A&M System Campus Security Authorities, Course #2111844) annually and upon the completion of the hiring process for new employees and student employees. The training will assist Campus Security Authorities in understanding the Clery Act, why they have been designated as a CSA, and what is required of them as CSAs.
Murder and Non Negligent Manslaughter: The willful killing of one human being by another.
Negligent Manslaughter: The killing of another person through gross negligence.
Sexual Assault: An offense that meets the definition of rape, fondling, incest or statutory rape as used in the FBI’s Uniform Crime Reporting program. A sex offense is any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.
Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. This offense includes the rape of both males and females.
Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent.
Sexual assault is defined in the Texas Penal Code, Chapter 22, Section 22.011.
Robbery: 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.
Aggravated Assault: An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault is usually 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 and probably would result in serious personal 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 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 joyriding.)
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.
Domestic Violence: A felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the victim; by a person with whom the victim shares a child in common; by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner; by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred. Any incident meeting this definition is considered a crime for the purposes of Clery Act reporting. Family violence is defined in the Texas Family Code, Chapter 71, Section 71.004.
Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the following factors:
(i) The length of the relationship
(ii) The type of relationship, and
(iii) The frequency of interaction between the persons involved in the relationship.
Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence.
Any incident meeting this definition is considered a crime for the purposes of Clery Act reporting. Dating violence is defined in the Texas Family Code, Chapter 71, Section 71.0021.
Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others or suffer substantial emotional distress. Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily require medical or other professional treatment or counseling. Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim. Any incident meeting this definition is considered a crime for the purposes of Clery Act reporting. Stalking is defined in the Texas Penal Code, Chapter 42, Section 42.072.
A crime reported to local police agencies or to a campus security authority that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim. The categories of bias include the victim’s actual or perceived race, religion, gender, gender identity, sexual orientation, ethnicity, national origin, and disability. Hate crimes include those crimes (defined above) and larceny, simple assault, intimidation, and the destruction/damage/vandalism of property (defined below).
Larceny: The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another.
Simple Assault: The 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.
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.
Arrest and Referral for Disciplinary Action
Arrest is defined as persons processed by arrest, citation or summons. Referral 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. Clery Act statistics are disclosed for arrests and referrals regarding liquor law violations, drug law violations, and illegal weapons possession. Only violations of the law resulting in arrest or referral are disclosed. Violations of institutional policy alone are not included in Clery Act statistics.
Liquor Law Violation: 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.
Drug Law Violation: 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 unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs.
Weapon Law Violation: 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.
Clery crimes that do not occur within the WTAMU’s Clery geography are not included in Clery statistical disclosures, even if WTAMU students or employees are involved. Clery geography includes on-campus property, public property, non-campus property, and separate campuses.
· On-campus property
· Public property;
· Non campus buildings or property;
· Separate campus
o Consider an additional location as a separate campus if it meets all of the following criteria:
Resources Utilized in Developing the WTAMU Clery Act & Crime Reporting – Guidelines for Campus Security Authorities:
D. Stafford & Associates, Rehoboth Beach, DE 19971, www.dstaffordandassociates.com
Resources: Whitepaper Titled: Campus Security Authority Guidance to Colleagues
TAMUCT Public Safety: Campus Security Authority https://www.tamuct.edu/departments/security/campussecurityauthority.php
TAMUS Office of General Counsel website (https://www.tamus.edu/legal/)
The Handbook for Campus Safety and Security Reporting 2016 Edition from the U.S. Department of Education, which can be found at: http://www2.ed.gov/admins/lead/safety/handbook.pdf.