Clery Act Compliance

The Jeanne Clery Act defines a Campus Security Authority (CSA) as University officials with "significant responsibility for student and campus activities."

It is important that people who are identified as CSAs comply with the Jeanne Clery Act reporting requirements.

The Clery Act defines the following four categories of CSAs:

• A campus police department or a campus security department of an institution.

• Any individual or individuals who have responsibility for campus security but who do not constitute a campus police department or a campus security department (e.g., an individual who is responsible for monitoring the entrance into institutional property).

• Any individual or organization specified in an institution’s statement of campus security policy as an individual or organization to which students and employees should report criminal offenses.

• An official of an institution who has significant responsibility for student and campus activities. To determine which individuals are CSAs, consider job functions that involve relationships with students.

Who is NOT a CSA:

Not every employee is a Campus Security Authority. Clerical staff, accounting and IT personnel, and faculty without responsibilities beyond classroom instruction are generally not designated as CSAs. However, though individuals may not be designated as CSAs, they are strongly encouraged (but not obligated) to report Clery qualifying crimes to Campus Safety Services

CSAs should immediately report crimes that occur at any location that is owned, leased or controlled by Santa Clara University in the following categories:

On Campus property:

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).

In plain language: An institution’s core, main campus.

On Campus Residential:

Residence halls or other University-owned residences.

Public property:

Public property immediately adjacent to, within, or surrounding one’s on-campus geography.

In plain language: The public property that immediately borders and is accessible from the campus. (For many institutions, this is the public sidewalk that borders the campus, the public street, and the public sidewalk on the other side of the street.) It also includes public property within the core campus.

Non Campus property:

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 area of the institution.

In plain language: Noncampus properties are those that are not contiguous to the core campus but are used by students for the educational purposes of the institution. Noncampus does not mean “off campus”; it refers to specific properties owned or controlled by the campus or by a student organization officially recognized by the campus. Noncampus does not automatically refer to all surrounding neighborhoods of a college campus, nor does it include all properties that students happen to rent.

View the Santa Clara University Main Campus 2023 Clery Geography Map

Acknowledgements: "In plain language" copy by the Clery Center, 2018

A crime is considered “reported” when it is brought to the attention of a CSA, Campus Safety Services or local law enforcement by a victim, witness, other third party, or even the suspect.  It does not matter whether or not the individual(s) involved in the crime, or reporting the crime, are associated with the University.

If a CSA receives information about a crime, it should be documented by notifying Campus Safety Services and/or filling out the CSA Reporting Form. CSA's are not responsible for investigating the crime or determine whether a crime took place. CSA's should NEVER try to apprehend an alleged suspect or convince a victim to contact Campus Safety or local law enforcement if the victim chooses not to do so.   

Reportable Clery Act Crimes:

• Criminal Homicide (Murder and Non-Negligent Manslaughter, Manslaughter by Negligence)
• Sexual Assault (Rape, Fondling, Incest, and Statutory Rape)
• Domestic Violence
• Dating Violence
• Stalking
• Robbery
• Aggravated Assault
• Burglary
• Motor Vehicle Theft
• Arson

The Clery Act requires institutions collect statistics for violations of state law and or ordinances for drug, alcohol and weapons violations.

Liquor Law Violations

• The violation of laws or ordinances prohibiting: the manufacture, sale, transporting, furnishing, possessing of intoxicating liquor; maintaining unlawful drinking places; bootlegging; operating a still; furnishing liquor to a minor or intemperate person; using a vehicle for illegal transportation of liquor; drinking on a train or public conveyance; and all attempts to commit any of the aforementioned. (Drunkenness and driving under the influence are not included in this definition.)

Weapons Possession

• 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; and all attempts to commit any of the aforementioned.

Drug Abuse Violations

• Violations of State and local laws relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs. The relevant substances include: Opium or Cocaine and their derivatives (Morphine, Heroin, Codeine); Marijuana; synthetic narcotics (Demerol, Methadone); and dangerous non-narcotic drugs (Barbiturates, Benzedrine).

Classifying Hate Crimes under the Clery Act (or other bias related incidents involving the aforementioned classifications as well as larceny-theft, intimidation, simple assault, and/or damage/destruction/vandalism of property). The following information is adapted from the FBI’s Hate Crime Data Collection Guidelines and Training Manual:

• Before an incident can be classified as a Hate Crime, sufficient objective facts must be present to lead a reasonable and prudent person to conclude that the offender’s actions were motivated, in whole or in part, by bias

• The examination of each case for facts that clearly provide evidence that the offender’s bias motivated him or her to commit the crime

• It is the perception of the offender, not the perception of the victim that determines whether a crime is classified as a Hate Crime. Also, knowing that an offender is prejudiced is not enough to classify a crime as a Hate Crime. There must be evidence that the offender was motivated by that prejudice to commit the crime

Note: The Annual Security and Fire Safety Report (ASR) also includes statistics for liquor, drug or weapons violations resulting in an arrest or referral. This does not include public drunkenness and driving under the influence.

View the complete Clery Act Crime Definitions.

If you are unsure whether an incident is a Clery Act crime, or if there is any doubt as to whether a crime is reportable, you should err on the side of reporting the matter.

Remember, Campus Security Authorities should immediately report crimes that occur at any location that is owned, leased or controlled by Santa Clara University

Under the Clery Act, colleges and universities use timely warnings and emergency notifications to inform the campus community of potential threats against which they can take preventive measures. These ongoing disclosure requirements, when implemented, can help to create and promote a safe campus environment.

The decision to issue a “timely warning” or an “emergency notification” will be decided on a case-by-case basis in compliance with the Clery Act and after consideration of available facts. The issuance of a timely warning may depend on the nature of the crime, the continuing danger to the campus community, and possible risk of compromising law enforcement efforts. Similarly, the issuance of an emergency notification depends upon the particular health or safety threat.

Timely Warnings may include:

• Clery Act crimes that occur within geographic area (on-campus, non-campus, public property)
• Crimes reported to a campus security authority, CSS or SCPD
• Serious or continuing threat to the campus community
• Must reach entire geographic area Warning issued as soon as pertinent information is available

Emergency Notifications may include:

• Any significant emergency or dangerous situation (ex. natural disaster, environmental hazard, armed intruder)
• Crimes committed anywhere on campus
• Sent to entire campus or segments of campus
• Alert issues immediately upon confirmation

The purpose of the chart below is to clarify the reporting requirements of Title IX and the Clery Act in cases of sexual violence and to resolve any concerns about apparent conflicts between the two laws.

Note: to date, the Department of Education has not identified any specific conflicts between Title IX and the Clery Act.

View the Title IX & Clery chart

More information about Title IX is available at the Office of EEO and Title IX

Anonymous Reporting:

Santa Clara University has selected EthicsPoint to provide a simple and direct way to anonymously and confidentially report activities that may involve criminal, unethical, or otherwise inappropriate behavior in violation of the University's policies.

Student Travel and Study Abroad

Pursuant to the Clery Act, the University on an annual basis is required to disclose certain reported crime statistics that occur during University sponsored / arranged domestic and international student trips.

Santa Clara University community members who are administratively responsible for domestic and international student trips are expected to report student trip information to the University Clery Act Coordinator regardless if any Clery Act reportable crimes occurred on a trip using the Travel Report Form

If the study travel program is at a location or facility that the University doesn't own or control, crime statistics are not included. However, if the University rents or leases space for students in a hotel or student housing facility, the University "controls" that space for the time period covered by the agreement.

Note: Host family situations do not normally qualify as non-campus locations unless there is a written agreement with the family that gives the university some significant control over space in the family home.

To review what constitutes a Clery Act Reportable Trip, please reference this Non-Campus Matrix

Th​e Santa Slara University Clery Act Compliance​ Task Force ​is an interdisciplinary team of stakeholders charged with overseeing ​Santa Clara University’s compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act [20 usc § 1092(f)]. The ​task force ​shall ​review and make recommendations regarding university policies and procedures to ensure compliance with the clery act.

The ​task force ​shall​ meet at least once each ​academic year and more regularly as needed.​ ​complying with applicable laws, regulations and policies is a shared responsibility of each member of the university community and is central to the advancement of ​the university’s mission and core values.​ ​Additional campus ​community ​members may be added on an ad hoc basis. 

California Annual Safety Plan Report - Complying with Education Code 67380(a)(1) & (a)(4)

67380 requires all institutions of higher education receiving funds for student financial assistance to compile statistics and submit a report about crimes committed on campus that involve violence, hate violence*, theft, destruction of property, illegal drugs, or alcohol intoxication.

Campuses must also report noncriminal acts of hate violence yearly to the California Legislative Analyst. This law expands the scope of which acts must be reported pursuant to the federal Clery Act:

Further, the law requires any written record of a noncriminal act of hate violence to include, but not be limited to, the following:

• A description of the act of hate violence
• Victim characteristics
• Offender characteristics, if known

* “Hate violence” means any act of physical intimidation or physical harassment, physical force or physical violence, or the threat of physical force or physical violence, that is directed against any person or group of persons, or the property of any person or group of persons because of the ethnicity, race, national origin, religion, sex, sexual orientation, gender identity, gender expression, disability, or political or religious beliefs of that person or group

The Drug-Free Schools and Communities Act (DFSCA)

The U.S. Department of Education’s supporting regulations require that IHEs (Institutions of Higher Education) adopt and implement programs “to prevent the unlawful possession, use, or distribution of illicit drugs and alcohol by all students and employees on school premises or as part of any of its activities” (EDGAR Part 86 Subpart A 86.3). -The Higher Education Center for Alcohol and Other Drug Abuse and Violence Prevention Education Development Center, Inc.

Recordkeeping

Recordkeeping requirements include keeping a copy of the biennial review and other compliance documents for three years after the fiscal year in which the record was created 34 C.F.R. § 86.103(b).

Crime Statistics for the City of Santa Clara

Part I Crimes occur with sufficient frequency to provide an adequate basis for comparison. These totals are submitted monthly to the State of California Department of Justice where they are recorded and then forwarded to the Federal Bureau of Investigations for their annual Uniform Crime Report (UCR).

Santa Clara Police Department's Crime Statistics are available for viewing.

What is Uniform Crime Reporting?

Uniform Crime Reporting (UCR) is a statewide law enforcement program designed to provide a nationwide view of crime based on the submission of statistics by law enforcement agencies throughout the country. Each agency is required to report monthly crime statistics to the California Department of Justice, which will in turn be forwarded to the FBI. The FBI then uses this information to publish their annual Uniform Crime Report.

For practical purposes, the reporting of offenses known is limited to the crime classifications listed in the Part I Crimes Summary because they are crimes most likely to be reported and crimes that occur with sufficient frequency to provide an adequate basis for comparison.

Defining & Classifying Hate Crimes Under The Clery Act

The Clery Act defines hate crimes as a criminal offense that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim. For Clery Act purposes hate crimes include criminal homicide, sex offenses, robbery, aggravated assault, burglary, motor vehicle theft, and arson. Larceny-Theft, Simple Assault, Intimidation, and Destruction/Damage/ Vandalism of Property (see full descriptions in callout box on page 2) are included in your Clery Act statistics only if they are hate crimes.

Under the Clery Act, before an incident can be classified as a Hate Crime, sufficient objective facts must be present to lead a reasonable and prudent person to conclude that the offender’s actions were motivated, in whole or in part, by bias. While no single fact may be conclusive, facts such as the following, particularly when combined, are supportive of a finding of bias:

• the offender and the victim were of different identities (whether racial, sexual orientation, gender or gender identity, etc.)
• bias-related comments, markings, words were found at the scene of the crime
• several incidents involve victims that share an identity that was marginalized in the actions of the incident, to name a few.

Four Additional Crime Categories for Hate Crime Classification are Larceny-Theft, Simple Assault, Intimidation, Destruction/Damage/Vandalism of Property. These crimes are Clery-reportable when there is evidnce the crime was motivated by bias.

The 8 bias categories can be found pn page 5 of the University's Clery Act Crime Definitions HERE.

Source: The Clery Center, Explaining Hate Crimes Under the Clery Act