Clery Act Compliance

The University of Rochester (the “University”) is committed to maintaining a safe and secure environment for its faculty, staff, students, and visitors. Requirements have been established to ensure that the University is complying with the “Jeanne Clery Campus Safety Act” and its implementing regulations (commonly referred to as the “Clery Act”), as amended by the Violence Against Women Act (VAWA), the Higher Education Opportunity Act (HEOA), and the Stop Campus Hazing Act (SCHA). This policy incorporates required procedures and institutional responsibilities including crime reporting, campus safety policy publication, fire safety reporting, hazing transparency, and timely warnings and emergency communications. This document sets minimum compliance requirements and may be supplemented by more stringent local rules, procedures, or operational guidelines where appropriate.

Definitions

Annual Security and Fire Safety Report: A report containing statistics of Clery Crimes and certain fire safety statistics for the three most recent calendar years, as well as the University’s statements of policies and procedures required under the Clery Act.

Campus Hazing Transparency Report: A report summarizing findings concerning any student organization established or recognized by the University found to be in violation of the University’s standards of conduct relating to hazing, as that term is defined by the University.

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.

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

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 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.

Daily Crime Log: A record of any crime that has occurred within the University’s Clery Geography and that is reported to the University’s Department of Public Safety (“DPS”).  The Daily Crime Log includes, at a minimum, the date the crime was reported, the nature, date, time, and general location of each crime, and the disposition of the complaint (if known). The Daily Crime Log is maintained by DPS.

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.

Fire: Any instance of open flame or other burning in a place not intended to contain the burning or in an uncontrolled manner.

Fire Log: A record of any fire that occurred in an on-campus student housing facility, logged by the date that the fire was reported.  The Fire Log includes the nature, date, time, and general location of each fire, and is maintained by the University’s Environmental Health & Safety (“EHS”).

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.

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

1. On an annual basis, the University will:
   1. Request and collect reports of Clery Crimes made to CSAs and other law enforcement agencies.
   2. Compile statistics of reported Clery Crimes reported to CSAs or other law enforcement that were alleged to have occurred on the University’s Clery Geography.
   3. Submit Clery Crime and fire statistics to the U.S. Department of Education.
   4. By the publication deadline established by the U.S. Department of Education, publish the University’s Annual Security and Fire Safety Report that covers each of the University’s separate campuses. The report will contain the following:
      1. Safety and security-related policy statements (including emergency notification and evacuation procedures);
      2. Clery Crime statistics;
      3. Fire statistics for each on-campus student housing facility;
      4. Fire safety information related to on-campus student housing facilities;
      5. Procedures for institutional disciplinary action in cases of dating violence, domestic violence, sexual assault, and stalking;
      6. Missing student notification procedures that pertain to students residing in on-campus student housing facilities; and,
      7. Policies, procedures, and laws relating to hazing.
   5. By the publication deadline established by the U.S. Department of Education, distribute notice of the availability of the University’s Annual Security and Fire Safety Report to all current students and employees.
   6. Make available the Annual Security and Fire Safety Report to prospective students and employees.
   7. Provide primary prevention and awareness programs and ongoing prevention and awareness campaigns to promote awareness of rape, acquaintance rape, domestic violence, dating violence, sexual assault, and stalking.
   8. Provide prevention and awareness programs related to hazing that include research-informed campus-wide prevention programs designed to reach students, staff, and faculty.
   9. Test the emergency response and evacuation procedures. In conjunction with the yearly test, the University will publicize its emergency response and evacuation procedures. This test may be announced or unannounced.
2. At least twice a year, the University will:
   1. Update the Campus Hazing Transparency Report to include each incident involving a student organization for which a finding of responsibility is issued relating to a hazing violation, if an update is required.
3. On an ongoing basis, the University will:
   1. Identify and provide mandatory annual training to CSAs concerning their reporting obligations.
   2. Maintain missing student emergency contact notification procedures for students residing in on-campus student housing.
   3. Maintain emergency response and evacuation procedures.
   4. Issue Timely Warnings for Clery Crimes that occur on the University’s Clery Geography that represent a serious or continuing threat to students and employees.
   5. Issue Emergency Notifications 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.
   6. Maintain a daily crime log, open to public inspection.
4. The University will meet other operational and reporting requirements as may be necessary under the Clery Act as stipulated by the Department of Education.