Understanding the Jeanne Clery Disclosure of Campus Crime and Statistic Act and Annual Security Report
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (aka the Clery Law), is a Federal law and was signed into law in 1990. This law was enacted after Howard and Connie Clery’s daughter, Jeanne, was brutally murdered in her dorm room at Lehigh University in 1986. They wanted the law to provide campus safety information for those who are selecting a college or university. All public and private institutions of postsecondary education participating in federal student aid programs are required to follow the mandates of the Clery commission. The Clery Law requires Wilmington University to do the following:
- Collect, classify, and count crime reports and crime statistics.
- Issue campus alerts (i.e. – timely warnings and emergency notifications).
- Provide educations programs and campaigns about dating and domestic violence and sexual assault.
- Have procedures for institutional disciplinary action in cases of dating violence, domestic violence, sexual assault, and stalking.
- Publish an Annual Security Report. This report will contain many of these policies and procedures plus campus crime statistics.
- Submit campus crime statistics to the Department of Education.
- Keep a daily crime log of alleged incidents that is open for public inspection.
- Clery Terms
- Definitions of Clery Crimes
- Timely Warnings and Emergency Notifications
- Safety Prevention Quick Tips
Annual Security Report (ASR): An annual report published by any college or university receiving Title IV funding that includes crime statistics for the last three years. In addition, the ASR includes several policy statements that regarding campus safety and sexual assault.
Campus Security Authority (CSA):
An official of an institution who has significant responsibility for student and campus activities, including, but not limited to, student life, student discipline, and campus judicial proceedings. CSA's may accept crime reports from others regarding campus crime and have a duty to report these crimes.
Clery Geography: The area in which an institution must collect crime statistics. This area includes all on-campus facilities, public property adjacent to campus, and any non-campus buildings or facilities that the institution controls.
Control of facility: An institution has control over a facility when an institution directly or indirectly rents, leases, or has, some other type of written agreement (including an informal one such as an email or a letter) for use of a building or a property or a portion of that building or property.
Emergency Notification: An emergency notification involves the notification of students, faculty, and staff of an institution when there is a dangerous situation occurring on-campus that involves an
immediate threat to the health or safety of students and employees. Examples of an immediate threat include but are not limited to fire, extreme weather conditions, outbreak of a serious illness.
Hate Crime: A hate crime is a criminal offense that show evidence that the victim was intentionally selected based on the perpetrator’s bias against the victim. There are eight categories of bias under the Clery Act: race, religion, sexual orientation, gender, gender identity, ethnicity, national origin, and disability.
Timely Warning: Requirement under the Clery Act to notify students and employees in a timely manner of Clery crimes occurring on-campus that are considered by the institution to represent a serious or ongoing threat to students and employees.
Violence Against Women Act (VAWA): Law enacted by Congress and part of the Clery Act that requires institutions to disclose crimes of dating violence, domestic violence, sexual assault, and stalking, In addition to disclosing these crimes if they happen within the institution’s Clery geography, the institution must also provide educational and prevention programs to students and employees about these topics.
Definitions of Clery Crimes
For definitions of counting and reporting Criminal Offenses, Hate Crimes, and disciplinary referrals, the Clery Act required institutions to utilize the definitions provided by the Federal Bureau of Investigation’s (FBI’s) Uniform Crime Reporting (UCR) program.
Criminal Homicide: These offenses are separated into two separate categories, murder and non-negligent manslaughter, and Manslaughter by negligence.
- Murder and Non-negligent Manslaughter is defined as the willful killing of one human being of another.
- Manslaughter by Negligence is any death caused by the gross negligence of another.
Sexual Assault (Sex Offenses): Any sexual act directed against another person without consent of the victim, including instances where the victim in 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.
- Fondling: The touching of the private parts of another purposes of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his or her age or because of his or her temporary or permanent mental capacity.
- 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.
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 or 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 the means likely to produce death or great bodily harm.
Burglary: The unlawful entry of a structure to commit a felony or theft. For burglary to exist, three criteria must be met:
- There must be evidence of unlawful entry (trespass).
- The unlawful entry must occur within a structure, which is defined as having four walls, a roof and a door. Motor vehicles and gym lockers do not constitute structures.
- The structure was unlawfully entered to commit a felony or theft.
Motor Vehicle Theft: The theft or attempted theft or a motor vehicle.
Arson: Any willful or malicious burning or attempt to burn, with or without the intent to defraud, a dwelling, house, or public building, motor vehicle or aircraft, personal property of another, etc.
Hate Crimes: Include the following crimes listed above: murder and non-negligent murder, sexual assault, robbery, aggravated assault, motor vehicle theft, and arson. They also include the following crimes:
- Larceny-Theft: The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. Constructive possession is the condition in which a person does not have physical custody or possession, but is in a position to exercise dominion or control over a thing.
- Simple assault: An 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 over it.
VAWA Offenses: In addition to sexual assault, these offenses include dating violence, domestic violence and stalking.
- Dating Violence: Violence committed by a person who is or has been in a social relationship or a romantic or intimate nature with the victim.
- Domestic Violence: A felony misdemeanor crime committed:
- By a current or former spouse or intimate partner of the victim.
- By a person with who 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 has occurred.
- 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.
- Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
- i. Fear for the person’s safety or the safety of others or
- ii. Suffer severe emotional distress.
Timely Warnings and Emergency Notifications
The federally mandated Clery Act requires all Title IV schools to provide Timely Warning Notices. Timely Warnings are a mass communication notice issued to the University community advising a Clery Crime that represent a current or ongoing threat to the University community is present. Wilmington University Safety is responsible for assessing nature of threat and issuing warnings.
In an effort to provide timely notice to the Wilmington University community regarding crimes that represent a serious or continuing threat to students or employees, that occurs within the Clery Geography (On Campus, Public Property and Non Campus property). The Assistant Vice President of Legal & Administrative Affairs will develop the content of the notification and it is sent to a member of the Executive Team for approval. The Web Communications team is responsible for distributing the Crime Alert via the group e-mail and ReGroup system.
Anyone with information warranting a timely warning should report the circumstances to the Department of University Safety. All notifications issued will provide general information about the incident as well as crime prevention information that may aid in the prevention of similar occurrences. All Timely Warnings will be issued in a manner that withholds the names of victims to maintain confidentiality.
Emergency Notifications are activated when a threat to the safety of the University community is present; this is not contingent upon Clery Crimes being committed. Emergency Notifications are a mass communication notice issued to the University community in the event of a current or ongoing threat to the community. Emergency Notifications may or may not be related to a Clery crime and are not limited to nature of crime. Wilmington University Safety is responsible for assessing nature of threat and issuing warnings and will do so in a manner to best ensure the safety of our community.
Safety Prevention Quick Tips
Safety prevention starts with YOU. By frequently practicing proactive crime and safety prevention techniques, you can reduce the opportunity for a criminal to make you a victim. The following information listed below can help reduce the possibility of becoming a victim:
- Be aware of your surroundings when approaching and leaving your vehicle
- Avoid talking on the phone when walking to your vehicle.
- Never leave your vehicle running and unattended.
- Always lock your vehicle, and avoid leaving any valuables in plain view.
- Be sure to locate your keys before walking to your vehicle.
- When walking in parking lots keep a secure hold of your purse, handbags and any other items.
- Make a routine of calling family members or friends before you leave so they know to expect you in a certain amount of time.
- Only go to parties where you know the host/ hostess.
- Do not leave a party with someone you do not know.
- Watch your drink and how much you drink.
- Do not allow your friends to leave a party with someone they do not know.
Instincts are your guide – listen to them! And as always, IF YOU SEE SOMETHING, SAY SOMETHING.
Responsibilities of CSA's
All CSA's are required to complete mandatory training annually. This training is conducted online.
As a Campus Security Authority, you are required to report all crimes listed below (regardless of desire of reporting party or previous incident involving outside law enforcement):
- Criminal homicide (Murder, non-negligent manslaughter, and negligent manslaughter)
- Sex offenses (forcible and non-forcible): Rape, Sexual Assault, Fondling, Statutory Rape, Incest
- Aggravated Assault
- Motor Vehicle Theft (includes unauthorized use)
CSA's are also required to report:
- Hate/Bias-Motivated Crimes (all UCR crimes listed above AND Larceny/ Theft, Simple Assault, Intimidation, and Destruction/ Damage/ Vandalism of Property
- Arrests and Referrals for Drug, Liquor and Weapons Violation
- Crimes of Domestic Violence, Dating Violence, and Stalking (VAWA-SAVE AC)
If someone reports a crime to you:
- Ask Questions:
- What happened?
- Where did this happen?
- Who was involved?
- Were there any injuries?
- Get as much factual information as you can
IF YOU ARE UNSURE IF SOMETHING THAT TOOK PLACE IS A CRIME IN ONE OF THESE CATEGORIES, PLEASE CONTACT:
Annual Security Report
Each year, under the Clery Act, Wilmington University is required to publish an Annual Security Report by October 1 st. This report contains three years’ worth of campus crime statistics based on the crimes listed above. Institutions must disclose crime statistics for the campus, a one mile radius of the campus, and certain non-campus facilities for which it has control (see definitions above). These crime statistics are gathered from local law enforcement agencies and other school officials who have responsibility for student and campus activities.
The Annual Security Report also includes certain campus security policy statements (including sexual assault policies which assure basic victims’ rights, the law enforcement authority of campus police and where students should go to report crime) and a list of programming that has been made available to students and employees. The report is sent out to all current students and employees, while prospective students and employees are notified of its existence and afforded an opportunity to request a copy. A copy of the most recent reports are available at the links below:
Reporting a Crime or Sexual Harassment/Assault
WILMINGTON UNIVERSITY TAKES SERIOUSLY THE RESPONSIBILITY TO REPORT CRIMES
If you have any questions, concerns or need further information please contact:
Linda Van Drie Andrzjewski, Ed.D.
Executive Director of Title IX, Clery and Regulatory Affairs
47 Reads Way
New Castle, DE 19720
Phone: (302) 356-6754
Fax: (302) 328-7918