7.06 CLERY ACT

Effective: August 15, 2024

Purpose: Emporia State University is committed to providing a safe and secure environment for all students, faculty, staff, and visitors. As part of this commitment, the University adheres to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) of 1990. This policy outlines the University’s responsibilities and obligations under the Clery Act.

Scope: This policy applies to the University campus wide.

Responsible Office: Campus and Facilities; Emergency Management

Policy Statement:

Clery Act Reportable Crimes and Reporting Requirements

The University will report to the Department of Education and disclose in its Annual Security Report Clery Act reportable crime statistics for the three (3) most recently completed calendar years.

Once made aware of a reportable crime, designated Campus Security Authorities (CSAs) are required to report to the University’s Clery Compliance Officer those reportable crimes that occur within the University’s Clery geography. The University’s Clery Compliance Officer is then required to provide information about Clery reportable crimes to the University’s Police and Safety Department.

The Clery Act requires the University to classify and count crime data based upon three general crime categories: 1) certain types of offenses; 2) hate crimes; and 3) arrests and disciplinary referrals.

Clery Act reportable crimes, as defined within this policy, include the following crimes:

• Murder and Non-Negligent Manslaughter
• Negligent Manslaughter
• Sexual Assault (Rape, Fondling, Incest, Statutory Rape)
• Robbery
• Aggravated Assault
• Burglary
• Motor Vehicle Theft
• Arson
• Hate crimes, which are any of the above-mentioned offenses, and any incidents of larceny-theft, simple assault, intimidation, or destruction/damage/vandalism of property committed against a person or property, which is motivated, in whole or in part, by the offender’s bias. 

The Clery Act also requires Violence Against Women Act (VAWA) offenses to be reported. These offenses include: 

• Domestic Violence
• Dating Violence
• Stalking

The arrests & disciplinary referrals section of the crime statistics report also includes arrests and disciplinary referrals made to University authorities for alcohol, drugs, and illegal weapons possession. 

The Clery Act does not require reportable offenses to be reported if they are unfounded crimes as “unfounded crimes” are defined within this policy. 

Timely Warnings

In the event a Clery reportable crime is reported to a CSA or to local police agencies, and the reportable crime occurswithin Clery geography, and constitutes a serious or an ongoing threat to the University community, a timely warning will be issued to the University community by the University’s Emergency Notification Team (ENT). A timely warning should include, if possible, the date, nature, and location of the incident, prevention tips, and how to report a similar occurrence.

Emergency Notifications

The University will provide an emergency notification to the campus community, or to segments of the campus community, upon the confirmation of an immediate, on-campus threat to the health or safety of students, faculty, and staff, and guests. Situations that require an emergency notification may  not necessarily be criminal in nature. If an emergency notification would, in the best judgement of the ENT, compromise efforts to assist a victim, or contain, respond to, or otherwise mitigate a threat, an emergency notification may be delayed. Unlike timely warnings, emergency notifications are not limited to Clery reportable crimes.

Annual Security Report

The University will publish and disseminate an Annual Security Report (ASR) by October 1st of each year. The ASR will include statistics on Clery Act reportable crimes, security policies, procedures for reporting crimes, and other safety-related information.

Annual Fire Safety Report

The University will publish and disseminate an Annual Fire Safety Report (AFSR) by October 1st of each year. The AFSR will contain statistics on fires and fire drills that occurred in on-campus housing during the last completed calendar year, a description of on-campus housing fire safety systems, fire prevention policies and procedures, policies on fire safety education programs, list of titles of persons to report to fires that occur in on-campus housing, and any plans for future fire safety improvements.

Crime Log

The University’s Police and Safety Department will maintain a daily crime log that records the nature, date, time, general location, of each crime that occurs within the University’s Clery Geography and the disposition of the complaint, if known. Entries will be made within two (2) business days of the report of information, unless the disclosure is prohibited by law or would jeopardize the confidentiality of the victim. Information may be withheld from the crime log if there is clear and convincing evidence that releasing it would jeopardize an ongoing criminal investigation or the safety of an individual, or would cause a suspect to evade detection, or would result in the destruction of evidence. Withheld information will be disclosed once the adverse effect is no longer likely to occur. The most recent sixty (60) day crime log entries will be accessible to the public during normal business hours. Portions of the crime log older than sixty (60) days will be made available within two (2) business days of a request for inspection.

Fire Log

The University will maintain a fire log that records any fire that occurs in an on-campus student housing facility. The log will include the nature, date, time and general location of each fire. Fires will be recorded in the log within two (2) business days. The most recent sixty (60) day fire log entries will be accessible to the public during normal business hours. Portions of the fire log older than sixty (60) days will be made available within two (2) business days of a request for inspection.

Training and Awareness

The University’s Clery Compliance Officer and designees will provide training and awareness programs to CSAs and the campus community on Clery Act requirements, as well as hold educational programs each semester on a variety of topics including personal safety awareness and security, sexual assault awareness and prevention education, operation identification, and security surveys.

Compliance Monitoring and Review

The University’s Clery Compliance Officer is responsible for monitoring and reviewing Clery Act compliance, including conducting annual reviews, audits, and assessments of related policies and procedures.

Non-Retaliation

The University prohibits retaliation against individuals, who report Clery Act reportable crimes or Clery Act violations in good faith, or who participate in Clery Act compliance activities.

Definitions: All words and phrases shall be interpreted utilizing their plain meanings unless otherwise defined in another University or Board of Regents policy or by statute or regulation.

Bias – Bias is a preformed negative opinion or attitude toward a group of persons based on their race, gender, gender identity, religion, disability, sexual orientation, ethnicity, national origin, or disability.

Campus Security Authority - The University designates certain individuals as Campus Security Authorities (CSAs) who have specific responsibilities related to reporting crimes and incidents for Clery Act compliance. CSAs at Emporia State University include:

• Dean of Students 
• Professional Staff in the Center for Student Involvement 
• Director for Fraternity and Sorority Life 
• Director of Residential Life 
• Residential Life Staff or Student Resident Advisor or Assistant
• Individuals who monitor access to residence halls or buildings that are owned by recognized student organizations  
• Director or Student Health and Wellness (when functioning in an administrative capacity)
• Director of Counseling (when functioning in an administrative capacity)
• Medical providers in Student Health Services
• Director of Athletics, Coaches, and Trainers
• Senior Associate Athletic Director(s) 
• Title IX Coordinator 
• All University Police Officers 
• Advisors to recognized student groups

Clery Geography – Clery geography includes on-campus buildings and property (with slight distinctions for on-campus housing), surrounding public property adjacent to campus, and certain  non-campus buildings or property owned or controlled by the University used for educational purposes and frequently used by students but which are not a part of the core campus, or those properties owned or controlled by a student organization which is officially recognized by the University.

Disciplinary Referral – Under the Clery Act, a disciplinary referral is the referral of a person to any campus official who initiates a disciplinary action of which a record is kept and which may result in the imposition of a sanction.

Drug Abuse Violations – Under the Clery Act, these violations are defined as the violations of state and local laws relating to the unlawful possession, sale, use, growing, manufacturing, and making of controlled or narcotic drugs. The relevant substances include opium or cocaine and their derivatives; marijuana; synthetic narcotics; and dangerous non-narcotic drugs.

Liquor Law Violations – Under the Clery Act, these violations are defined as the violation of state or local laws or ordinances prohibiting: the manufacture, sale, purchase, transporting, furnishing, possessing of intoxicating liquor; maintaining unlawful drinking places; bootlegging; operating a still; furnishing liquor to minor or intemperate person; using a vehicle for illegal transportation of liquor; drinking on a train or public conveyance; all attempts to commit any of the aforementioned.

Reportable Crimes – Under the Clery Act, reportable crimes are those crimes that occur within “Clery geography” and are reported to local police agencies or to officially designated CSAs.

Unfounded Crime – Under the Clery Act, a crime is unfounded only if sworn or commissioned law enforcement personnel make a formal determination that the report is false or baseless. Crime reports can be properly determined to be false only if the evidence from a complete and thorough investigation establishes that the crime reported was not, in fact, completed or attempted in any manner.

Weapons Violations – Under the Clery Act, these violations are defined as the violation of laws or ordinances dealing with weapon offenses, regulatory in nature, such as: manufacture, sale, or possession of deadly weapons; carrying deadly weapons, concealed or openly; furnishing deadly weapons to minors; aliens possessing deadly weapons; all attempts to commit any of the aforementioned.

Procedures: All procedures linked and related to the policies above shall have the full force and effect of policy if said procedures have first been properly approved by the General University procedures.

[General University procedures - coming soon]

Related Policy Information: [coming soon]