Clery Act Compliance

Title: Clery Act Compliance Policy
Effective Date: December 30, 2022
Responsible Office: William & Mary Police/Office of Compliance & Equity
Last Updated: First Version

I. Scope

This policy applies to William & Mary as a whole university, including the Virginia Institute of Marine Science (the University). It applies to members of the university community, specifically faculty, staff, students, and third parties designated as Campus Security Authorities, as defined in this policy, and to departments with specified responsibilities for compliance under Section IV of this policy.

II. Purpose

William & Mary is committed to maintaining a safe and secure environment for its faculty, staff, employees, students, patients, and visitors. This policy establishes requirements and responsibilities to assist the University in complying with the "Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1998" (commonly referred to as the "Clery Act"), thereby facilitating compliance with the Clery Act and increasing overall safety on university property and for students, faculty and staff members in the community.

III. Definitions

Annual Security Report (ASR) is a public report disseminated to employees and students every October 1st annually. It includes statistics of campus crime for the preceding three calendar years, plus details about efforts taken to improve campus safety, policy statements regarding (but not limited to) crime reporting, campus facility security and access, law enforcement authority, the incidence of alcohol and drug use, and the prevention of and response to sexual assault, domestic or dating violence, and stalking.
Campus Security Authority (CSA) means individuals employed or contracted by the University who are designated annually because their job functions obligate them under the Clery Act to notify William & Mary Police of alleged Clery Act Crimes observed by or reported to them in good faith. These individuals typically fall under one of the following categories:
- A member of the William & Mary Police Department;
- Individuals having responsibility for campus security in some capacity, who are not members of the campus police department (e.g., VIMS campus security officer; Muscarelle Museum security officer);
- Individuals or departments where policy directs other campus individuals to report criminal offenses to them or their office (e.g., members of the Threat Assessment Team) or
- An official of the University (employee, contractor, or volunteer) who has significant responsibility for student and campus activities and who has the authority and the duty to take action or respond to particular issues on behalf of the University, including but not limited to Athletic Directors, Athletic Coaches, Advisors to student organizations, Dean of Students Staff, Housing & Residence Life Staff, Coordinators of Fraternity & Sorority Life, Title IX Coordinator.
Clery Act Crime means a crime required by the Clery Act to be reported in the Annual Security Report, including criminal homicide (murder and negligent/non-negligent manslaughter); sex offenses (rape, fondling, statutory rape, and incest); robbery; aggravated assault; burglary; motor vehicle theft; arson; hate crimes (including larceny-theft, simple assault, intimidation, or destruction/damage/vandalism of property that are motivated by bias); dating violence; domestic violence; stalking; and arrests and referrals for disciplinary action for any of the following: (a) liquor law violations, (b) drug law violations, and (c) carrying or possessing illegal weapons. Definitions of each type of Clery Act Crime are included in Appendix A.
Clery Reportable Location means property that is owned, leased, or controlled by the University, which includes (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 the University owns controls or leases, is frequented by students and used in support of educational purposes.
Emergency Notification means an announcement triggered by a significant emergency event or dangerous situation involving an immediate threat to the health or safety of the university community.
Emergency Notification System is the mechanism established for the purpose of and dedicated to enabling university officials to quickly contact or send messages to faculty, staff, employees, and students in the event of an Emergency Notification or Timely Warning.
Non-Campus Property means any building or property owned or controlled by a student organization 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.
Timely Warning means an alert to the campus community when the University determines that a Clery Act Crime which has already been committed or attempted and presents a serious or continuous threat.

IV. Policy Requirements of the Clery Act

A. Publish an Annual Security Report (ASR)

By October 1st of each year, the Office of Compliance & Equity will publish an ASR on the university website documenting three calendar years of Clery Act Crime statistics, as well as university structure, prevention, and response to overall campus security and crimes of sexual violence, including sexual assault, dating violence, domestic violence and stalking. The annual report also includes statements pertaining to the University's structure, preparedness, and response to emergency management.

This report must be made available to all current employees and students. Prospective employees and students must be notified of the ASR's existence and provided a copy upon request. Paper copies of the report will be available upon request from the Office of Compliance & Equity. In addition, the Office of Undergraduate Admissions, admissions offices of graduate programs, and the Human Resources Office will publish a link to the ASR with a brief description on their respective websites.

B. Identify, Notify, and Train Campus Security Authorities (CSAs)

The Office of Compliance & Equity, in consultation with the designee(s) of the William & Mary Police Department, identifies positions that meet the definition of a CSA on an ongoing basis and notifies individuals in these roles of their obligations under the Clery Act and this policy to report any and all Clery Act Crimes that they witness or that are reported to them, which may have occurred in a Clery Reportable Location. The University provides annual training on CSA responsibilities and reporting requirements to all individuals designated as CSAs.

C. Disclose Crime Statistics

The William & Mary Police Department (WMPD) is responsible for requesting crime statistics from Campus Security Authorities, local law enforcement agencies with jurisdiction over campus property, and other law enforcement agencies with jurisdiction over non-campus property. Statistics are also requested for four additional crime categories if the crime committed is classified as a hate crime, for Clery Act Crimes as well as the following crimes:

Larceny/Theft
Simple Assault
Intimidation
Destruction/Damage/Vandalism of Property

WMPD is responsible for collecting statistics from the Dean of Students Office in the following categories of arrests or referrals for disciplinary action if an arrest was not made:

Liquor Law Violations
Drug Law Violations
Carrying or Possessing Illegal Weapons

Licensed mental health counselors and pastoral counselors are exempt from CSA designation. Clery Act Crimes that would otherwise be reportable but are reported to a licensed mental health counselor or pastoral counselor in the context of a privileged (confidential) communication are not subject to the disclosure requirement to WMPD.

D. Issue Timely Warnings

The University must provide timely warnings about Clery Act Crimes that occur in a Clery Reportable Location that pose a serious or ongoing threat to the campus community. The decision and process to issue a timely warning is articulated in the University's Timely Warning Policy. Because the nature of criminal threats is often not limited to a single location, timely warnings must be issued in a manner likely to reach the entire campus community.

E. Issue Emergency Notifications

The University is required to inform the campus community about a significant emergency event or dangerous situation involving an immediate threat to the health or safety of individuals in the campus community. Emergency events may be localized; therefore, notifications may be tailored exclusively to the segment of the campus community at risk.

The University also must have emergency response and evacuation procedures in place specific to its on-campus facilities. A summary of these procedures must be disclosed in the ASR. Additionally, the emergency response procedures must be tested at least once annually.

Emergencies where issuing a notification would compromise efforts to assist a victim, contain the emergency, respond to the emergency, or mitigate the emergency are not subject to the emergency notification requirement.

F. Responding to Reports of Missing Students

Per the Missing Student Protocol, the University provides every student living in university housing the opportunity. It means identifying an individual to be contacted in an emergency, including whenever the University determines a student is missing.

The University Police Department shall investigate all reports of missing students and will notify and cooperate with other law enforcement agencies, as necessary, to further the investigation. [

G. Compile, Report & Publish Fire Data

The Higher Education Opportunity Act of 1998 (HEOA) amended the Clery Act to include fire statistics. The Office of Compliance & Equity and the Office of Environmental Health and Safety (EH&S) produce an Annual Fire Safety Report (AFSR) by October 1st each year. EH&S must collect and disclose fire statistics for each on-campus student housing facility separately for the three most recent calendar years for which data are available in accordance with HEOA regulations. Each such facility must be identified in the statistics by name and street address, regardless of whether any fires have occurred.

Additionally, EH&S will provide a description of the fire safety system in each student housing facility, to include mechanisms (e.g., fire extinguishers, fire doors, posted evacuation routes, etc.) or systems related to the detection, warning, and control of a fire. EH&S will submit the AFSR to the Office of Compliance & Equity by September 25th each year for inclusion in the Annual Security Report and for submission of the statistics reported to the U.S. Department of Education.

H. Maintain a Daily Crime Log

The University maintains a daily crime log documenting the "nature, date, time and general location of each crime" reported to the University Police Department within the last 60 days and the disposition, if known, of the reported crimes. Incidents must be entered into the log within two business days of receiving the report. The Daily Crime Log is available at the William & Mary Police Department located at 201 Ukrop Way during normal business hours. Requests for public inspection of daily crime log entries beyond 60 days must be made in writing and will be made available within two business days of the request.

I. Maintain a Daily Fire Log

The University must maintain a daily fire log documenting the nature of the fire, the date the fire occurred, the date and time the fire was reported, and the general location of each fire-related incident in an on-campus student housing facility reported to any University official. Incidents must be entered into the log within two business days of receiving the report, and the previous 60 days of fire log entries must be available for public inspection during normal business hours. The Daily Fire Log is available at William & Mary's Office of Environmental Health and Safety located at 208 S. Boundary Street, Williamsburg, VA 23185, during normal business hours. Requests for public inspection of daily fire log entries beyond 60 days will be made available within two business days of the request.

V. Responsibilities of Individuals or University Departments

A. Office of Compliance & Equity

Monitoring the University's compliance with the Clery Act;
Updating the requirements in this policy as necessary when the federal legislation has been amended;
Annually reviewing geographic categories for inclusion;
Establishing a procedure for processing instances of short-stay away trips in order to designate a CSA to disclose any Clery crimes reported during the trip to be included in the ASR;
Identifying those positions with CSA responsibilities and notifying those individuals;
Maintaining a list of University CSAs;
Developing procedures for reporting crime statistics by CSAs;
Assessing crime statistics reported by CSAs to determine whether the incident will be counted in the ASR;
Educating and training CSAs and personnel within UPD, EHS, the Medical Center, and Student Affairs as necessary;
Publishing the ASR and disclosing statistics of Clery Crimes reported over the past three years;

B. William & Mary Police Department (WMPD)

Annually, requesting in writing crime statistics from local law enforcement with jurisdiction over Clery Reportable Locations of the University;
Annually, requesting in writing arrests or disciplinary action taken for liquor law
Maintaining and publishing University policies and procedures addressing campus security and safety;
Submitting the crime and fire statistics to the U.S. Department of Education.
Reporting crime statistics (as specified in the Clery Act);
Issuing timely warning alerts to the campus community about Clery Crimes;
Investigating all reports of missing students by notifying and cooperating with other law enforcement agencies, as necessary;
Maintaining the daily crime log;
Responding to missing student reports.

C. Campus Security Authorities

Understanding the requirements of the Clery Act pertaining to Clery Act Crimes and general awareness of Clery Reportable Locations;
Undergoing training and education as determined by the Office of Compliance & Equity;
Immediately reporting Clery Act Crimes to WMPD at 757.221.4596 or in person at 201 Ukrop Way;

D. Dean of Students Office

In collaboration with WMPD, responding to missing student reports;
Reporting Liquor, Drug, and Possession of Weapon statistics to WMPD.

E. Emergency Management Team

Coordinating emergency notifications to the campus community when deemed necessary and appropriate and
Conducting an annual emergency alert exercise and test the emergency alert system in conjunction with the exercise.

F. Office of Environmental Health and Safety (EHS)

Collecting fire statistics relative to each on-Grounds student housing facility;
Updating the AFSR language to reflect legislative updates and interpretations;
Providing AFSR statistics to the Office of Compliance & Equity;
Maintaining fire statistics gathered in compliance with University policy IRM-017: Records Management and
Maintaining the daily fire log.

G. The Office of Admissions (Undergraduate & Graduate)

Notifying and providing the online location of the ASR and a brief description of the report to prospective or current students; and
Providing a paper copy of the ASR upon request to a prospective or current student.

H. University Human Resources

Notifying and providing to prospective faculty and staff the online location of the ASR and a brief description of the report;
Providing a paper copy of the ASR upon request to a prospective or current faculty or staff member;
Immediately reporting any Clery Act-related crime to University Police or the Assistant Vice President for Clery Compliance for a timely warning and ASR consideration; and
Annually, providing all conduct referral data to the Assistant Vice President for Clery Compliance for inclusion in the Annual Security Report.

VI. Procedures

A. How to Report a Clery Crime

When a Campus Security Authority (CSA) becomes aware of conduct or behavior that reasonably appears to constitute a Clery Act crime that occurred on our Clery Act geography, they must report the incident to the William & Mary Police via telephone 757.221.4596 or in person at 201 Ukrop Way, Williamsburg.

B. When to Report a Clery Crime

An employee may become aware of a criminal incident by witnessing an incident involving criminal behavior or by being told about such an incident. The Campus Security Authority should not attempt to make a determination as to whether there is adequate evidence of a crime or whether the alleged incident actually occurred. The Campus Security Authority may not wait for criminal charges to be brought, arrests to be made, or determinations of guilt to be made.

A Campus Security Authority (CSA) must report the incident as soon as possible unless they (1) has good reason to doubt the validity of the information or (2) are reasonably certain that the incident has already been reported.

The Campus Security Authority must report even if the information regarding the incident was shared with them in confidence (confidentially). If a victim does not want their identity revealed, the Campus Security Authority may withhold the identity of the victim when making the report, except for incidents of sexual violence or sexual harassment.

C. What to Report

Campus Security Authorities must clearly identify themselves to William & Mary Police that they are reporting a Campus Security Authority.

The Campus Security Authority should provide as much detail about the incident as possible to ensure an appropriate response and accurate recording of the incident.

It is particularly important for the Police to know where the incident occurred (or is alleged to have occurred) and to have enough detail to determine whether they already are aware of the incident.

The Clery Act Frequently Asked Questions provides more information about crime reporting.

D. Compliance with Policy

Failure to comply with the requirements of this policy may result in disciplinary action up to and including termination or expulsion in accordance with relevant University policies. The U.S. Department of Education may impose penalties per each violation.

VII. Authority & Amendment

This policy was approved by the President on December 30th, 2022. The President has authorized the Chief Compliance Officer to make minor or technical amendments, such as revisions to the list of Clery Act crimes (Appendix A), in response to legal or regulatory developments.

This policy replaces the Crime Reporting Policy.

Questions about this policy should be directed to the Office of Compliance & Equity at [[equity]].

VIII. Related Policies or Other Documents

Appendix A: Definition of Clery Act Crimes

Aggravated assault
Arrests for liquor law, drug abuse, weapons violation
Arson
Burglary
Dating violence
Domestic violence
Hate crimes
Motor vehicle theft
Murder and manslaughter
Robbery
Sex offenses
Stalking

Aggravated assault is an unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually involves a weapon or means likely to cause death or great bodily harm.

Arrests for drug abuse, liquor law, and weapons violations must be reported.

Drug abuse violations are violations of laws prohibiting the production, distribution, or use of certain controlled substances and associated equipment; unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation, or importation of any controlled drug or narcotic; and arrests for violations of state and local laws the relating to the unlawful possession, sale, use, growing or manufacturing and making of narcotic drugs.
Liquor law violations are defined as violations of laws or ordinances prohibiting the manufacture, sale, possession, transporting, or furnishing of intoxicating liquors or alcoholic beverages and all attempts to commit any of the aforementioned. (Public drunkenness and driving under the influence are not included).
Weapons violations are violations of laws or ordinances dealing with weapon offenses, such as manufacture, sale, or possession of deadly weapons; carrying of deadly weapons, concealed or openly; furnishing deadly weapons to minors; aliens possessing deadly weapons; and all attempts to commit any of these acts.

Arson is maliciously burning or attempting to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, or personal property of another.

Burglary is the unlawful entry into a structure to commit a felony or theft. Theft or unlawful entry into open-access areas, such as dining halls and libraries, is not burglary. A structure is a physical space enclosed by four walls, with a roof and door, and so does not include lockers, tents, or cars, for example. Shoplifting is not burglary.

Dating Violence is 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 considering the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts included under the definition of domestic violence.

Domestic Violence is a violent crime (either a felony or misdemeanor) committed by:

A current or former spouse or intimate partner of the victim;
A person with whom the victim shares a child in common;
A person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner;
A parent, child, step-parent or step-child, sibling (full or half), grandparent or grandchild of the victim;
The victim's mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law, if they reside in the same home with the victim; or
Any other person who cohabits or, within the previous 12 months, cohabitated with the victim.

Hate crimes are defined for Clery Act purposes as certain crimes committed against a person or property when such crimes are motivated, in whole or in part, by the offender's (perpetrator's) bias. Bias is defined as a performed negative opinion toward a group of persons based on their race, gender, religion, ethnic/national origin, disability, sexual orientation, or gender identity. These crimes are:

murder and non-negligent manslaughter
forcible and non-forcible sex offenses
robbery
aggravated assault
burglary
motor vehicle theft
arson
larceny-theft
simple assault
intimidation (unlawfully placing 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 an actual physical attack)
destruction/ damage/ vandalism to property.

Motor vehicle theft is defined as the theft or attempted theft of a motor vehicle. (This classification also includes "joyriding"). Motor vehicle is defined broadly to include not only cars and trucks but any self-propelled vehicle that runs on land surface and not on rails, such as golf carts, motor scooters, motorized wheelchairs, and ATVs.

Murder and Non-negligent manslaughter is the willful (non-negligent) killing of one human being by another.

Negligent manslaughter is the killing of another person through gross negligence.

Robbery is the taking or attempting to take anything of value from the care, custody, and control of a person or persons by force or threat of force or violence and/or by putting the victim in fear.

A sex offense is any of the following:

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 body parts of another person for the purpose of sexual gratification without the consent of the victim.
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. In Virginia, the age of consent is 18, although there are exceptions for intercourse between minors aged 13-17; these exceptions are complex, and to ensure appropriate reporting, all sexual intercourse with a minor should be reported.

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. Such distress does not have to be severe enough to require medical or other professional treatment or counseling in order to be substantial emotional distress.

Stalking requires two or more acts, including but not limited to acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates, to or about, a person, or interferes with a person's property.

This Appendix was last updated in September 2015.

APPENDIX B: Template of Notification to Campus Security Authorities

Memorandum

To: William & Mary Campus Security Authorities

From: Chief Compliance Officer

Date:

Re: Crime Reporting Requirements

A federal law commonly known as the Clery Act requires universities to annually compile and publish crime statistics for their campuses and certain other areas. This law requires that the University collect information about certain crimes from employees and students who are designated as "Campus Security Authorities." You have been designated by your unit head as a Campus Security Authority. This memorandum is notifying you of your reporting obligations.

Crimes and incidents that should be reported – Clery Act incidents – are described in the University's Crime Reporting Policy. The policy also includes information about the scope of the reporting obligations, such as which physical locations are covered. Additional guidance is available on the "Compliance Resources" section of the Compliance and Policy Office website.

If you observe any Clery Act incident, or if any person reveals to you that they learned of or were the victim of, the perpetrator of, or witness to any conduct or event that constitutes a Clery Act incident, immediately contact the William & Mary Police Department. Please do not investigate the incident or attempt to determine whether a crime actually took place. Make the report; a member of the Police Department will work with you to obtain the necessary information about the alleged incident.

If you are in doubt as to whether a crime is reportable, please err on the side of reporting the matter.

Thank you for your assistance in fulfilling these federal requirements.