Clery Notifications

It is the policy of the University of Rochester (the “University”) to ensure compliance with the Timely Warning and Emergency Notification requirements of the Jeanne Clery Campus Safety Act (the “Clery Act”), and to provide the University community, including faculty, staff, and students, with timely information about crimes and/or other emergency or dangerous situations occurring on or around campus.

In the event of an emergency occurring on campus, the University will initiate and provide, without delay, immediate Emergency Notifications to the appropriate segment(s) of the University community upon the confirmation of a significant emergency or dangerous situation involving the immediate threat to the health or safety of students, employees and visitors.

In an effort to provide timely notice to the University community, and in the event of a Clery Crime that may pose a serious or ongoing threat to members of the University community occurring within the University’s Clery Geography, a Timely Warning is distributed to all students and employees via an email notification. The Associate Vice President of the Department of Public Safety (DPS) or their designee reviews all reports to determine if there is a serious or ongoing threat to the community and if distribution of a Timely Warning is warranted.

The University may issue crime alerts, referred to as a Public Safety Advisory, to inform the campus community of reported crimes, suspicious activity, or other safety concerns that do not meet the criteria for an Emergency Notification or Timely Warning, but where providing information may help promote safety awareness and prevention.

Definitions

Campus Security Authority (CSA): An individual who meets one of the following definitions: a) campus police or security department personnel; b) any individual who has responsibility for campus security; c) any individual or organization specified by University policy as an individual or organization to which students and employees should report criminal offenses; or d) an official of the University who has significant responsibility for student and campus activities.

Clery Act: The Jeanne Clery Campus Safety Act (20 U.S.C. § 1092(f)) is a federal statute that requires colleges and universities participating in federal financial aid programs to comply with various requirements related to safety on campus.

Clery Act Crimes: Crimes designated as reportable under the Clery Act, which include:

Criminal Offenses

• Murder
• manslaughter (including negligent manslaughter and nonnegligent manslaughter)
• sex offenses (including rape, fondling, incest, and statutory rape)
• robbery
• aggravated assault
• burglary
• motor vehicle theft
• arson
• hazing

Hate Crimes – any of the above-mentioned Criminal Offenses and any incidents below that were motivated by bias:

• larceny-theft
• simple assault
• intimidation
• destruction/damage/vandalism of property

Under the Clery Act, the categories of bias include the victim’s actual or perceived race, religion, sexual orientation, gender, gender identity, ethnicity, national origin, and disability.

Violence Against Women Act (VAWA) Offenses

• domestic violence
• dating violence
• stalking

Weapons, Drug, and Liquor Law Violations – arrests or referrals for campus disciplinary action for illegal weapons possession, drug-related violations, or liquor law violations

Clery Geography: For purposes of Clery Act reporting and the University’s Annual Security and Fire Safety Report, Clery Geography refers to (1) buildings and property that are part of the University’s campus(es); (2) the University’s non-campus buildings and property; and (3) public property within or immediately adjacent to and accessible from the University’s campus(es).  Each of these locations is defined further below:

1. On campus – any building or property owned or controlled by the University within the same reasonably contiguous geographic area of the University and used by the University in direct support of, or in a manner related to, the University’s educational purposes, including residence halls; or any building or property within this same reasonably contiguous area, 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. Non-campus building or property – any building or property owned or controlled by a student organization that is officially recognized by the University; or any building or property owned or controlled by the University that is used in direct support of, or in relation to, the University’s educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the University.
3. 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.
4. Separate campus – Additional location that (a) the University owns or controls, (b) is not reasonably geographically contiguous with the main campus (i.e., River Campus), (c) has an organized program of study, and (d) there is at least one person on-site acting in an administrative capacity. These locations are considered separate campuses for purposes of the University’s Clery Act reporting obligations.

Confirmation: A University Official (or officials) has verified that a significant emergency or dangerous situation exists.

Emergency Notification: Notification to the campus community (or an appropriate segment or segments of 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 campus.

Official: Any person who has the authority and duty to take action or respond to a particular issue on behalf of the University.

Timely Warning: Notification to the campus community of a Clery Crime(s) that occurs on the University’s Clery Geography that is reported to CSAs or local police agencies and is considered by the University to represent a serious or continuing threat to the safety of students and employees.

Public Safety Advisory: A safety message distributed to the campus community to provide information about crimes or safety concerns that do not meet the criteria for a Clery Timely Warning or Emergency Notification, but that may still be relevant for community awareness and prevention.

Scope/Compliance

This policy applies broadly to the entire University community, including faculty, staff, and students; post-doctoral appointees, contractors, vendors, and consultants when they are doing business with or on behalf of the University; individuals who perform services for the University as volunteers; and visitors, guests, or other individuals who are participating in the University’s education program or activities.

Compliance with this policy is required. Violations may result in disciplinary, corrective, or administrative action consistent with the University’s Code of Conduct and applicable policies, up to and including termination of employment, revocation of access or privileges, termination of agreements or relationships with the University, or other appropriate action.

Policy Details

The University will provide Emergency Notifications, Timely Warnings, or Public Safety Notices, based upon the circumstances of any given situation, described further below.

I. Emergency Notifications

Emergency Notifications are used to immediately notify the campus community (or an appropriate segment or segments of the campus community) upon confirmation of a significant emergency or dangerous situation occurring on campus involving an immediate threat to the health or safety of students or employees. Examples of situations that may require an Emergency Notification include, but are not limited to:

• Active shooter or armed suspect;
• Fire or explosion;
• Hazardous material release;
• Severe weather events;
• Gas leaks;
• Major utility failures; or
• Other dangerous conditions posing an immediate threat.

The following procedures outline how the University will confirm the existence of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees, in accordance with the Clery Act.

A. Receipt of Information

Information regarding a potential emergency may be received through various sources, including but not limited to:

• Department of Public Safety;
• Local law enforcement or emergency responders;
• University departments (e.g., Environmental Health & Safety, Student Affairs);
• Campus Security Authorities (CSAs); or
• Members of the campus community.

B. Initial Assessment

Upon receipt of this type of information, DPS, EH&S, (or designated authority) will:

• Assess the nature of the reported situation;
• Determine whether the incident may constitute a significant emergency or dangerous situation; and
• Evaluate whether there is a potential immediate threat to the health or safety of the campus community.

C. Verification of the Emergency

The University will confirm the existence of an emergency through one or more of the following methods:

• Direct observation by DPS; Lab Safety, Fire Safety, Occupational Safety, or Hazardous Waste personnel; or first responders;
• Communication with local law enforcement, fire, or emergency medical services;
• Communication with University Official or departments; or
• Review of available technology (e.g., surveillance systems, fire alarms, environmental monitoring systems).

Confirmation does not require absolute certainty but must be based on reasonably reliable information indicating that an emergency or dangerous situation exists that involves an immediate threat to the health or safety of students or employees on campus.

D. Determination of Immediate Threat

Once an emergency is confirmed, authorized personnel will determine:

• Whether the situation poses an immediate threat to the health or safety of students or employees;
• The scope (localized vs. campus-wide) of the threat; and
• The segment(s) of the campus community that may be affected.

E. Responsible Authorities

The following individuals or offices are authorized to confirm an emergency and initiate the emergency notification process:

• Director/Chief of DPS (or designee);
• On-duty DPS Supervisor;
• Environmental Health & Safety personnel; and
• Other designated University Officials, as outlined in the Comprehensive Emergency Management Plan.

F. Timeliness of Verification

Verification of an emergency will occur as quickly as possible, balancing the need for prompt action with the need for accurate information. The University will not delay issuing an Emergency Notification to confirm all details if there is sufficient information to indicate an immediate threat, unless such notification would compromise efforts to assist a victim or contain, respond to, or mitigate the emergency.

G. Coordination with External Agencies

As necessary, the University will coordinate with local emergency responders to:

• Validate information;
• Avoid conflicting or duplicative messaging; and
• Ensure a unified and effective response.

H. Dissemination

Emergency Notifications are distributed through the AlertUR system, and may include text messages, UR Mobile notifications, email, phone calls, campus alert systems, website postings, or other communication platforms. Adequate follow-up messaging will be provided to the campus community as needed, following the university’s Crisis Communication Plan.

II. Timely Warnings

The University will issue Timely Warnings to the campus community regarding Clery Crimes that are (1) committed on the University’s Clery Geography, (2) reported to CSAs (including DPS) or local police agencies, and (3) considered by the University to represent a serious or continuing threat to students and employees.

DPS is responsible for reviewing reports of crimes and determining whether issuance of a Timely Warnings to the campus community is warranted.  DPS will issue these warnings via email notification in a manner that is timely and that withholds the names and other identifying information of victims, and that will aid in the prevention of similar crimes.  Timely Warnings will include:

1. The nature of the crime;
2. The date, time, and general location of the incident;
3. A suspect description, if available;
4. Safety precautions or prevention tips; and
5. Contact information for reporting additional information

If, in the professional judgment of DPS, issuing a Timely Warning would compromise efforts to address the crime, the notification may be delayed or the information disseminated may be limited. Once the potentially compromising situation has been addressed, the warning will be issued in a timely manner, assuming the serious or continuing threat still exists. The University will never include identifying information about victims.

All available information known at the time will be taken into consideration when evaluating the need for a Timely Warning. Those considerations include, but are not limited to:

• The nature and seriousness of the crime;
• When and where the incident occurred;
• When it was reported;
• The duration of time between the occurrence and the report;
• The relationship between the victim and perpetrator;
• The patterns or trends of other incidents;
• The continuing danger to the campus community; and
• The risk of compromising law enforcement efforts or identifying the victim.

III. Public Safety Advisory

Where providing information to the campus community may help promote safety awareness and prevention, the University may issue Public Safety Advisories to inform the campus community of reported crimes, suspicious activity, or safety concerns that do not meet the criteria for a Timely Warning or Emergency Notification. These notifications are issued via email to the campus community.

Public Safety Advisories are discretionary notifications and may be issued when:

• A crime occurs outside of the University’s Clery Geography but may impact members of the campus community;
• A reported crime does not pose a serious or continuing threat;
• The suspect has been identified or apprehended but the University believes the campus community should be informed; or
• There is a pattern of incidents or suspicious activity that warrants awareness.

A Public Safety Advisory is intended to promote situational awareness and crime prevention and may include:

• A general description of the incident;
• The date and approximate location;
• Relevant safety reminders or precautionary information; and
• Information on how to report additional details.

Public Safety Advisories are informational in nature and are not required notifications under the Clery Act.  Instead, these notifications are used by the University as part of its overall campus safety communication strategy.