UC IRVINE ADMINISTRATIVE POLICIES AND PROCEDURES

Physical Environment and Properties

Police

Sec. 905-50: Clery Act Compliance Procedures

Responsible Office: UCI Public Safety; Division of Finance and Administration
Issued: December 2018

References / Resources:

Contact: Clery Act Compliance Program Manager at (949) 824-1227 or clery@uci.edu

Contents

A. University Policy
B. Purpose and Scope
C. Definitions
D. Responsibilities / Authority
E. Procedures
    1. Reporting Process
    2. CSA Report Assessment
F. Noncompliance
G. FAQs

A. University Policy

The University of California’s Clery Act Policy – Campus Safety and Security Reporting (UC Clery Act Policy) mandates that each campus must comply with the requirements set forth in the Clery Act and California state law in order to provide a safe and secure learning and work environment for UC students and employees.

B. Purpose and Scope

These procedures:

  • Implement the UC Clery Act Policy at UCI (including the campus and the Medical Center);
  • Are intended to assist the campus community to understand, and comply with, Clery Act requirements; and
  • Provide UCI-specific guidance on reporting obligations, responsibilities, and contact information.

C. Definitions

These and other definitions of Clery Act-related terms can be found in UC Clery Act Policy (section II.) and the Clery Act Handbook.

  1. Annual Security Report (ASR): The Clery Act requires those postsecondary institutions participating in the Higher Education Act’s Title IV student financial assistance programs and each of their separate campuses to annually publish by October 1 a report containing the campus safety policy statements and Clery Crime statistics for the three most recent calendar years. This annual report is known as the Annual Security Report (ASR).
  2. Campus Security Authority (CSA): Individuals at the University who because of their functional role have an obligation to notify the University department responsible for collecting crime information (e.g., the campus police department) of alleged Clery Crimes that are reported to or witnessed by the CSA. CSAs include campus police employees and other persons who:
    1. Have responsibility for campus security but who are not employees of a campus police department or a campus security department;
    2. Are specified in the campus ASR as an individual to whom students and employees should report criminal offenses; or
    3. Have significant responsibility for student and campus activities, including, but not limited to, student housing, student discipline and campus judicial proceedings.
  3. CARE Advocate: University staff employees who are professionally trained and certified to provide confidential support and counseling services to victims of sexual violence, sexual assault, domestic violence, dating violence or stalking. CARE Advocates are not CSAs. Licensed CARE advocates are privileged and confidential resources in accordance with California state law.
  4. Clery Crimes: The Clery Act requires that certain crimes occurring on campus Clery Geography (as defined below) be reported annually by the Campus to the U.S. Department of Education and shared with the University Community.

    The following offenses are Clery Crimes:

    • Criminal homicide (murder and non-negligent manslaughter and manslaughter by negligence)
    • Sex offenses (rape, fondling, incest and statutory rape)
    • Robbery
    • Aggravated assault
    • Arson
    • Burglary
    • Motor vehicle theft
    • Domestic violence/dating violence
    • Stalking
    • Hate Crimes (as defined in the UC Clery Act Policy, section II.J.), and
    • Arrests or referrals for disciplinary action for drug abuse, liquor and/or weapons law violations.
  5. Clery Geography: The campus geographic areas, as defined by the Clery Act, for which Clery Crimes are required to be reported. The geographic categories include the following:
    1. On-Campus – Any building or property (i) owned or controlled by the University within the same reasonably contiguous geographic area and used by the University in direct support of, or in a manner related to, the University’s educational purposes, including residence halls; (ii) that is within or reasonably contiguous to the campus that is owned by the University but controlled by another person, is frequently used by students, and supports institutional purposes (such as a food or other retail vendor).
    2. Public Property – All public properties, including thoroughfares, streets, sidewalks, and parking facilities, that are within the campus, or immediately adjacent to and accessible from the campus.
    3. Non-Campus Property
      1. Buildings or property that are:
        • owned or controlled by the University; and
        • used in direct support of, or in relation to, the University’s educational purposes, and
        • frequently used by students, and
        • not within the same reasonably contiguous geographic area of the University campus; or
      2. Any building or properties owned or controlled by a student organization that is officially recognized by the University; or
      3. Any property outside of the United States if the property otherwise meets the definition of Non-Campus Property described above in subsections i. or ii.

D. Responsibilities / Authority

  1. Clery Act Compliance Program Manager (CACPM):
    1. Is UCI’s Clery Coordinator/Officer (UC Clery Act Policy, section IV.B.);
    2. Has authority to determine and designate who is a UCI CSA;
    3. Will determine if a reported crime is a Clery Crime; and
    4. Will perform all responsibilities listed in Section IV.B. of the UC Clery Act Policy.
  2. Campus Security Authority (CSA):
    1. Must report all Clery Crimes to the CACPM:
      • CSAs should not investigate reported crimes, only report them;
    2. Must complete annual Clery CSA training;
    3. Must also report to the campus Title IX Office crimes involving sexual assault, domestic violence, dating violence or stalking, and other instances of Prohibited Behavior as defined in the UC Sexual Violence and Sexual Harassment policy. See Part H of Sec. 700-17: Guidelines for Reporting and Responding to Reports of Sex Offenses for details.

E. Procedures

  1. Reporting Process
    1. CSAs must submit a CSA form to the Clery Act Compliance Program Manager as soon as the Clery Crime is reported to them or they become aware of it.
    2. When completing the CSA form:
      • Report only facts. Use the same words the person reporting the crime used.
      • Do not include personal information on the CSA form unless given permission to do so. Personal information is defined as, but not limited to: first & last name, student identification number, phone number, and email address.
  2. CSA Form Assessment
    1. After the CSA form is filed, the CACPM will review it, and;
    2. If it meets the definition of a Clery Crime and occurred within UCI Clery Geography, will determine whether a Timely Warning needs to be issued.
    3. Clery Crimes, within UCI Clery Geography, will be:
      1. Entered into the Daily Crime & Fire Log; and
      2. Recorded in the ASR.

F. Noncompliance

As noted in the Department of Education’s Handbook for Campus Safety and Security Reporting 2016 Edition, noncompliance with the Clery Act and these UCI Clery Act Compliance Procedures may result in the University receiving fines up to $55,907 for each violation and may lose access to state and federal funding.

G. Frequently Asked Questions

  1. What if I’m not sure a Clery Crime actually happened?

    When in doubt contact the Clery Act Compliance Program Manager to assist (clery@uci.edu or (949) 824-1227).

  2. What if I don’t want to be a CSA?

    The Clery Act defines those individuals who must act as CSAs. If your position functions fall into one of those categories, you cannot opt out of being a CSA and are required to report Clery Crimes that are reported to you.

    If you believe you have been mistakenly identified as a CSA because your position functions do not fall into one of the identified categories of employees, contact clery@uci.edu, and provide an explanation or your position description for review.

  3. Which schools must comply with the Clery Act?

    All institutions of postsecondary education, both public and private, that participate in federal student aid programs must publish and disseminate an annual campus security report as well as make timely warnings of any criminal activities.

  4. Does someone have to be convicted of a crime before it is reportable under the Clery Act?

    No. Crimes are counted when they are reported regardless of prosecution.

  5. If I’m a responsible employee and CSA do I have to report to both the TIX/OEOD office and send in a CSA form?

    Yes. Title IX and Clery Act are two different laws that need to be reported to two different departments at UCI.