Policy: Clery Act Policy

PURPOSE

The purpose of this policy is to address requirements pursuant to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act). The Clery Act requires all colleges and universities that participate in any Title IV federal student financial assistance programs to disclose information about certain crimes on and near their campuses. The United States Department of Education monitors compliance and can impose civil penalties for each infraction.

POLICY

It shall be the policy of the Michigan State University Police Department (Department) to be compliant and handle matters appropriately that have a business requirement under the Clery Act.

PROCEDURES

Requirements of the Clery Act

Annual Security and Fire Safety Report

By October 1st of each year, Michigan State University (MSU) must publish and distribute their Annual Security and Fire Safety Report to current and prospective students and employees. The report is posted on the Department’s website.

A notice containing a brief description of and a direct link to the report is sent electronically to each student and employee by the MSU Office of the General Counsel.

This report is required to provide crime and fire statistics for the prior three (3) years, policy statements regarding safety and security measures, campus crime prevention program descriptions, procedures to be followed in the investigation and discipline of alleged sex offenses, and fire safety information.

Crime and Fire Log

The Department is required to maintain a public log of all reported crimes on Clery geography, including:

Buildings and properties that are part of MSU’s campus that also include a subset of on-campus student housing facilities

MSU’s non-campus buildings or property, and public property within, or immediately adjacent to and accessible from campus

Area within the patrol jurisdiction of the Department

The log is required to contain information for the most recent 60 days.

Each entry must contain:

Nature of the crime

Case number

Date reported

Time and date the crime occurred

General location of the crime

Disposition of the complaint, if known.

All crimes must be recorded in the log within two (2) business days of the report to this Department.

If an institution maintains on-campus student housing, it is also required to maintain a fire log.

Logs older than 60 days are available upon request within two (2) business days of that request.

MSU utilizes one log to meet both the crime log and fire log requirements.

Archived logs are kept for seven (7) years in a location where they can be accessed, if necessary.

Timely Warnings and Emergency Notifications

The Clery Act requires institutions to issue timely warnings (See ADM17) for any Clery crimes that represent a serious or continuing threat to the safety of students or employees. Timely warnings are triggered by crimes that have already occurred, but represent an ongoing threat.

The Clery Act also requires institutions to issue an emergency notification 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. Emergency notifications are triggered by an event that is currently occurring or imminently threatening the campus.

Institutions are required to publish their policies regarding timely warnings and emergency notifications in their Annual Security and Fire Safety Report.

Crime Statistics

For purposes of complying with the Clery Act, the University must also collect crime statistics from all campus security authorities (CSAs) and local law enforcement agencies with jurisdiction over property included in MSU’s Clery geography, including those in a foreign country.

Crime statistics on the following offenses must be included in the Annual Security and Fire Safety Report, as well as reported to the U.S. Department of Education:

Criminal Homicide

Murder and Non-negligent Manslaughter

Manslaughter by Negligence

Sexual Offenses

Rape

Fondling

Incest

Statutory rape

Robbery

Aggravated Assault

Burglary (non-vehicle)

Arson

Motor Vehicle Theft

Arrests or Disciplinary Referrals for:

Liquor-law violations

Drug abuse violations

Weapons: carrying, possession, etc.

Domestic Violence

Dating Violence

Stalking

Hate Crimes

The list of crimes that must be reported as hate crimes include the aforementioned offenses, as well as the following crimes:

Larceny-theft

Simple assault

Intimidation

Destruction/damage/vandalism of property

Any other crime involving bodily injury that was motivated by the offender’s bias against race, gender, religion, sexual orientation, ethnicity, national origin, disability, or gender identity.

Training

Staff shall be familiar with the requirements of the Clery Act and are encouraged to review the Michigan State University Annual Security and Fire Safety Report.

Managers are required to review the Michigan State University Annual Security and Fire Safety Report.