Clery Compliance

The U.S. Department of Education created The Handbook for Campus Safety and Security Reporting to present step-by-step procedures, examples, and references for higher education institutions to follow in meeting the campus safety and security requirements of the amended Higher Education Act of 1965.

The requirements fall into three categories based on the configuration of an institution. FSU is mandated to:

• Collect, classify, and count crime reports and statistics related to crime.
• Issue timely warning notifications for Clery crimes that represent an ongoing threat to the safety of students or employees, or emergency alert notifications upon confirmation of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees.
• Publish an Annual Security and Fire Safety Report containing safety and security-related policy statements and crime statistics and distribute it to all current students and employees and prospective students and employees about the availability of the report. This report will also include fire safety information and fire statistics related to on-campus student housing facilities.
• Submit crime statistics to the US Department of Education annually.
• Maintain a daily crime and fire log of alleged criminal incidents and residential fires occuring in Clery Geography.

In April 1986 Jeanne Clery was raped and murdered in her residence hall at Lehigh University in Bethlehem, Pennsylvania. Jeanne Clery, who was a student at the time of her death, was killed by another student who was intoxicated and entered her resident hall via doors that were left unsecured and propped open with pizza boxes. The intoxicated male student entered her unsecured room, strangled, cut, raped and murdered Jeanne Clery.  As Connie and Howard Clery learned more about their daughter's death, they grew convinced that their daughter had died because of "slipshod" security on campus. Connie and Howard Clery, who believed the University had failed to share vital information with its students regarding campus safety, campaigned for legislative reform for several years following their daughter's death. Their sustained efforts ultimately resulted in the passage of the Clery Act, a federal law requiring all universities and colleges receiving federal student financial aid programs to report crime statistics, alert campus of imminent dangers, and distribute an Annual Security and Fire Safety Report (ASFSR) to current and prospective students and employees.

The Jeanne Clery Act, a consumer protection law passed in 1990 [Congress enacted the Crime Awareness and Campus Security Act of 1990 (Title II of Public Law 101-542), which amended the Higher Education Act of 1965 (HEA)]. This was later renamed the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act in honor of Jeanne Clery.  The Act requires all colleges and universities who receive federal funding to share information about crime on campus and their efforts to improve campus safety as well as inform the public of crime in or around campus. This information is made publicly accessible through the university's annual security and fire safety report. 

Connie and Howard opened the Clery Center for Security on Campus.  Their mission is to work with college and university communities to create safer campuses. Their vision is a world where all college students are safe and can learn and grow in environments of compassion and respect. http://clerycenter.org/our-mission

According to a federal law known as the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act), FSU is required to disclose "statistics concerning the occurrence of certain criminal offenses reported to local law enforcement agencies or any official of the institution who is defined as a 'Campus Security Authority.'" The FSU Police Department gathers reportable crime statistics from Campus Security Authorities and publishes them annually in its Annual Security and Fire Safety Report.

Who is a Campus Security Authority (CSA)?

The law defines "Campus Security Authority" as: "An official of an institution who has significant responsibility for student and campus activities, including, but not limited to, student housing, student discipline, and campus law enforcement." Examples include director of athletics, team coach, residence hall director and faculty advisor to a student group. A single teaching faculty member is unlikely to have significant responsibility for student and campus activities, except when serving as an advisor to a student group. Clerical staff, as well, are unlikely to have significant responsibility for student and campus activities. Pastoral or professional counselors acting in their professional capacities are excluded from the definition of "Campus Security Authority." Refer to the List of CSAs below for a non-inclusive list.

Which Crimes Must Be Reported by Campus Security Authorities to the FSU Police Department?

The criminal offenses that Campus Security Authorities are required to report are murder/non-negligent manslaughter, negligent manslaughter, sex offenses, robbery, aggravated assault, burglary, motor vehicle theft, arson, liquor law violations, drug law violations and illegal weapons possession. Refer to the Clery Crimes below for more details.   Campus Security Authorities are also required to report bias-related (hate) crimes, i.e., those that manifest evidence that the victim was intentionally selected because of the victim's actual or perceived race, gender, religion, sexual orientation, ethnicity, or disability for the following offenses: murder/non-negligent manslaughter, sex offenses, robbery, aggravated assault, burglary, motor vehicle theft, arson, larceny-theft, vandalism, intimidation, simple assault, damage/destruction/vandalism of property and any other crime involving bodily injury. Campus Security Authorities are required to report only those offenses listed above that occurred on campus, in or on non-campus buildings or property owned or controlled by FSU, and public property within or immediately adjacent to our campus. Refer to the Clery Geography below for more details.   Each crime must be reported only once. Crimes already reported to the FSU Police Department by others need not be reported again.

Please note: FSU Police must publish the Annual Security and Fire Safety Report, by October 1 each year. The report contains crime statistics for the previous calendar year. Therefore, if you are aware of any reportable crimes that occurred in a previous calendar year and have not yet been reported to FSU Police or the Clery Compliance Officer, please report them immediately.

Emergencies Should Still be Reported Immediately to FSU Police at (910) 672-1911 or from a campus phone 1911. FSU has a responsibility to notify the campus community about any crimes which pose an ongoing threat to the community, and, as such, Campus Security Authorities are obligated by law to report crimes to the FSU Police. Even if you are not sure whether an ongoing threat exists, immediately contact the FSU Police.

List of Campus Security Authorities

The following is a non-inclusive list of CSAs at FSU.

• Employees of the FSU Police Department
• Security Staff (non-police)
• Local Police/Sheriff Department
• Department Heads and Deans
• Housing and Residence Life Staff, including but not limited to RDs, ARDs and RAs
• Athletic Director and Coaches
• Title IX Coordinator
• Student Group Advisors
• Student Affairs Professionals

Who are not CSAs?

• Faculty who do not have responsibilities outside of the classroom.
• Administrative staff, cafeteria or maintenance staff
• Pastoral or professional counselors acting in those specific roles.

CSA Reporting Form

If you have been notified about a crime on our campus, please call the FSU Police at (910) 672-1775 to report the crime. Please additionally fill out the CSA Reporting Form. This report will need to be returned to Tim Lloyd, Clery Compliance Officer at tlloyd8@uncfsu.edu or in person at 201 Williams Hall.

Crime Statistics

• Annual Security and Fire Safety Report
• Daily Crime Log

Support & Resources

• Reporting Options
• On & Off Campus Resources and Services
• Counseling & Wellness

Ongoing Communication

• Timely Warnings
• Emergency Notifications

There are three categories of crimes that FSU is required to maintain and publish: (1) criminal offenses, including Violence Against Women Act (VAWA) crimes, (2) hate crimes, and (3) arrests and referrals.  For further information and examples of such crimes, please refer to Chapter 3 of The Handbook for Campus Safety and Security Reporting. 

Murder / Manslaughter - defined as the willful (non-negligent) killing of one human being by another. 

Manslaughter by Negligence - defined as the killing of another person through gross negligence.

Sex Assault (Sex Offenses) - Any sexual act directed against another person, without the consent of the victim, including instances where the victim is 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.  This offense includes the rape of both males and females.
• Fondling - The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his /her temporary or permanent mental incapacity.
• 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 - defined as 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 - is defined as an unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury.  This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm.

Burglary - is the unlawful entry of a structure to commit a felony or a theft.

Motor Vehicle Theft - is the theft or attempted theft of a motor vehicle.

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. 

Hate Crime Bias:

• Race - A performed negative attitude toward a group of persons who possess common physical characteristics, e.g., color of skin, eyes, and/or hair; facial features, etc., genetically transmitted by descent and heredity which distinguish them as a distinct division of humankind, e.g., Asians, blacks or African Americans, whites.
• Religion - A performed negative opinion or attitude toward a group of persons who share the same religious beliefs regarding the origin and purpose of the universe and the existence or nonexistence of a supreme being, e.g., Catholics, Jews, Protestants, atheists.
• Sexual Orientation - A performed negative opinion or attitude toward a group of persons based on their actual or perceived sexual orientation.
• Gender - A performed negative opinion or attitude toward a person or group of persons based on their actual or perceived gender, e.g., male or female.
• Gender Identity - A performed negative opinion or attitude toward a person or group of persons based on their actual or perceived gender identity, e.g., bias against transgender or gender non-conforming individuals.
• Ethnicity - A performed negative opinion or attitude toward a group of people whose members identify with each other, through a common heritage, often consisting of a common language, common culture (often including a shared religion) and/or ideology that stresses common ancestry.
• National Origin - A performed negative opinion or attitude toward a group of people based on their actual or perceived country of birth.
• Disability - A performed negative opinion or attitude toward a group of persons based on their physical or mental impairments, whether such disability is temporary or permanent, congenital or acquired by heredity, accident, injury, advanced age or illness.

Hate Crimes - includes all of the crimes listed above that manifest evidence that the victim was intentionally selected because of the perpetrator's bias against the victim, based on one of the categories of bias listed above, plus the following crimes listed below:

• Larceny / theft - the unlawful taking, carrying, leading or riding away of property from the possession or constructive possession of another (includes pocket picking, purse snatching, shoplifting, theft from building, theft from motor vehicle, theft of motor vehicle parts or accessories, and all other larceny).
• 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 he 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 of it. 

Dating Violence is defined as violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party's statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

Domestic Violence is defined as a felony or misdemeanor crime of violence committed-

• By a current or former spouse or intimate partner of the victim;
• By a person with whom 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 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 is defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to-

• Fear for the person's safety or the safety of others; or
• Suffer substantial emotional distress.

Arrests and Referrals for Disciplinary Action:

• Weapons: Carrying, Possessing, Etc.,
• Drug Abuse Violations
• Liquor Law Violations

FSU must disclose statistics for reported Clery crimes that offucr: (1) on campus, (2) on public property within or immediately adjacent to the campus, and (3) in or on non-campus buildings or property that FSU owns or controls.  The definitions for these geographic categories are Clery Act-specific and are the same for every institution regardless of its physical size or configuration.

The on-campus category encompasses the following:

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 Any building or property that is within or reasonably contiguous to paragraph (1) 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).

On-campus subset: on-campus student housing facilities Under the Clery Act, an institution that has on-campus student housing facilities must separately disclose two sets of on-campus statistics:

• The total number of crimes that occurred on campus, including crimes that occurred in student housing facilities; and
• The number of crimes that occurred in on-campus student housing facilities as a subset of the total.

The public property category encompasses all public property, including thoroughfares, streets, sidewalks, and parking facilities, that is within the campus, or immediately adjacent to and accessible from the campus.

The non-campus buildings or property category encompasses any building or property owned or controlled by a student organization that is officially recognized by the institution; or 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 care of the institution.

Timothy Lloyd
Clery Compliance Officer
1200 Murchison Road
201 Williams Hall
Fayetteville, NC 28301

(910) 672-2462

tlloyd8@uncfsu.edu

Campus Departments

Fayetteville State University Police Department (910) 672-1775

Clery Compliance Officer (910) 672-2462

Housing and Residence Life (910) 672-1884

Student Conduct (910) 672-1788

Title IX (910) 672-2325

Student Health Services (910) 672-1259

Center for Personal Development (910) 672-1222

Annual Security and Fire Safety Report

Annual Security and Fire Safety Report

Department of Education Resources

The Handbook for Campus Safety and Secuirty Reporting

Campus Safety and Secuirty Reporting Training