Overview of the Clery ActJeanne 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 McNeese State 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.
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). The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act is federal legislation that requires the sharing of crime data, security policies and related police department and public safety information. Campus Security Authorities (CSA) are defined by the Clery Act.
What is a CSA?A CSA is a person referred to as a campus security authority by the Clery Act. CSA's are university officials who have "significant responsibility for student and campus activities, including, but not limited to, student housing, student dicipline officials, advisors to student organizations, even ticket takers. Professional mental health and religious counselors are exempt from mandatory reporting requirements. CSA's are a vital part of data collection for the annual safety and security report. CSA's contribute to the University Police Department's philosophy of "See It, Hear It, Report It."
The Clery Act requires the University to create and make available an annual safety and security report (you can download a copy of this report by clicking on the 'Annual Security Report' tab The report is also available on the Human Resource web page and also on the 'Future Student' web page. In addition to input from law enforcement, certain staff positions are designated as Campus Security Authorities (CSA) for the purpose of providing information for this report. CSAs are usually found in departments responsible for, but not limited to, student and campus activities, safety/security, discipline, housing, athletics, human resources or judicial proceedings. This designation also includes any individual who has been specified by the University to receive and report offenses.
CSA's are responsible for reporting the number of crimes and incidents as described in the Clery Act that occur in their department to the University Police Department. These numbers are then included in the federally mandated Clery Report, which is posted on-line every year in the beginning of October.
|What makes me a CSA?||
|What do I have to do?||Report criminal incidents that occur on campus or on McNeese State University affiliated property to the University Police Department.|
What crimes do I need to report?
In addition to the crimes above, the crime must occur at one of the following locations:
|Why is this necessary?||
|How do I report incidents to the police department?||You can either report incidents individually as they are reported to you or all at once. University Police provides a form or you can report it in whatever manner is easiest for you - you are highly encouraged to immediately call the University Police to report any crime or suspicious activity.
Police Emergency Extension from a University Phone - 1-1-1
Police Business Extension from a University Phone - 5-7-1-1
Police Emergency from a University Phone - 9-9-1-1
(Connects you to the Parish 9-1-1 Center - ask for University Police)
University Police Business Line - 337-475-5711
A report can be made by activating any of the Emergency Blue Tower Phones on campus to summon the University Police.
The University Police Department is open 24 hours-a-day at 4314 Ryan Street, Lake Charles, LA 70609.
|What happens after I the police department receives an incident from a CSA?||The University Police collect all incidents received from CSAs. The incidents are reviewed for duplication and to verify that each incident is Clery reportable. The incidents are then classified into their proper crime and geographical categories and added to the annual clery statistics.|
|What if I am unsure if an incident is a crime? Or if it should be reported under Clery?||Please report it with as much detail as possible about the incident. The crime analyst will determine if it is a clery reportable crime.|
|If the University Police aren't going to investigate these crimes, what is the purpose of reporting incidents to the police department?||The University Police will always try to investigate all reports of crime that are received - thus making a report as quickly as possible to the University Police is critical - the focus of all reporting is to ensure that crime victims receive aid, protection, police and support services. But, nationally many crimes do not get reported to the police. By collecting data from other sources, we are getting a more accurate number of crimes on campus. This is a resource for the campus community to use to make informed decisions about their safety.|
|Are there exemptions to CSA reporting incidents?||Yes, certain individuals who have significant responsibility for student and campus activities are exempt from disclosing information:
|What happens if I do not report criminal incidents to the University Police Department?||The United States Department of Education is charged with enforcing the Jeanne Clery Act and may level civil penalties against institutions of higher education.|
- Murder and Non-negligent Manslaughter - The willful (non-negligent) killing of one human being by another.
- Negligent Manslaughter - The killing of another person through gross negligence.
- Sex Offense Forcible (F) - 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: forcible rape; forcible sodomy; sexual assault with an object; and forcible fondling.
- Sex Offense Non Forcible (N) - Unlawful, non-forcible sexual intercourse: incest; statutory rape.
- 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 for an injury to result when a gun, knife or other weapon is used in the commission of the crime.
- 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.
- Liquor Law Violation - The violation of laws or ordinances prohibiting: the manufacture, sale, transporting, furnishing, possessing of intoxicating liquor; maintaining unlawful drinking places; bootlegging; operating a still, furnishing liquor to a minor or intemperate person; using a vehicle for illegal transportation of liquor; drinking on a train or public conveyance; or any attempts to commit any of the foregoing violations. Note: this list does not include public drunkenness and driving under the influence.
- Drug Law Violation - Violations of State and local laws related to the possession, sale, use, growing, manufacturing, and making of illicit drugs.
- Weapon Law Violation - The violation of laws or ordinances regulating weapons.
- Hate Crimes - Any crime that manifests evidence that the victim was intentionally selected because of the victim's actual or perceived race; religion; gender; sexual orientation; ethnicity or physical/mental disabilities.
- Simple Assault - Assaults and attempted assaults where no weapon was used and which did not result in a serious or aggravated injury to the victim. (Currently, this crime category only applies to hate crimes.)
- Larceny - The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another (Currently, this crime category only applies to hate crimes.)
- 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. (Currently, this crime category only applies to hate crimes.)
- Disciplinary Referrals - incidents in which a student was not arrested but was referred for campus disciplinary action for liquor law violations, drug law violations, and illegal weapons possession.
- Campus - (i) 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
- (ii) any building or property that is within or reasonably contiguous to the area identified in paragraph (i) 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).
- Non-Campus - (i) Any building or property owned or controlled by a student organization that is officially recognized by the institution; or
- (ii) 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.
- Housing - Residence Halls or other university-owned residences.
- Public Property -"public property" is defined by the Clery Act regulations as all public property including thoroughfares, streets, sidewalks, and parking facilities that is within the campus, or immediately adjacent to and accessible from the campus. Include the sidewalk across the street from your campus, but do not include public property beyond the sidewalk.