Clery Act Frequently Asked Questions

A landmark federal consumer protection law adopted in 1990 and amended in 1998 and amended again in 2013 incorporating the Violence Against Women Reauthorization Act.

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, section 485(f) of the Higher Education Act of 1965, requires institutions of higher education to disclose campus crime statistics and security information.

It is designed to provide information about safety related policy, procedures, programs, and statistics about crime in our Clery geography.

As a major component of the Clery Act, an Annual Security and Fire Safety Report is published by October 1^st of each year.

In 1986 Jeanne Clery, a first-year student at Pennsylvania’s Lehigh University, was murdered and sexually assaulted in her campus residence hall room by another student she did not know. Her school had not informed students about thirty-eight violent crimes on campus in the three years preceding her murder. Clery’s parents, Connie & Howard, led the crusade to enact the original Campus Security Act. In 1998, Congress formally named the law in memory of Jeanne Clery.

All institutions of higher education, both public and private, that receive Title IV funding must publish and disseminate an Annual Security Report as well as make timely warnings of any ongoing threats to the campus community. What does the University of Richmond have to disclose under the Clery Act?

We must disclose the most recent three years detailing Clery crime statistics and security policies in the annual security report that must be published by October 01, of each year.

We must maintain a daily crime log that must include the nature, date, time, general location, and status of each crime reported. The most recent 60 days is published on the Police Department website.

Currently enrolled students and employees are notified of the availability of the Annual Security Report. Prospective students and employees are eligible to receive the Annual Security Report and are provided information on how to request a copy. The public including parents and the news media, have access to the Annual Security Report and the Crime Log which are available on the URPD website. Printed copies of the Annual Security Report and the Daily Crime Log are available at URPD headquarters (490 Westhampton Way University of Richmond, Va 23173) during normal business hours.

The purpose of the Daily Crime Log is to record criminal incidents and alleged criminal incidents that are reported to the University of Richmond Police Department (URPD) or Campus Security Authority (CSA). A crime must be entered into the crime log within two business days of the reporting to URPD.

Yes, they do. All institutional officials with significant responsibility for campus and student activities are referred to in the Clery Act as a Campus Security Authority (CSA). All CSA’s have reporting obligations under the Clery Act. Only professional mental health and pastoral counselors are exempt from reporting when acting in these roles.

The criteria for reporting are as follows:

• All Clery crimes reported to URPD, a Campus Security Authority (CSA) or other law enforcement agencies.
• Location within the Clery geography.

The Clery Act requires institutions to report crimes based on the following geographical specifications.

On Campus

Includes buildings and properties that are owned or controlled by the institution; that are contiguous to one another; and directly supports or relates to the University of Richmond’s educational purposes.

Residential Facilities are a subset of the On Campus category that must be separately disclosed and counted. It includes the following types of housing:

• Undergraduate and graduate student housing.
• Single family houses that are used for student housing.
• Summer school student housing.
• Buildings that are used for student housing but also have faculty, staff or any other individuals living there.
• Housing for officially recognized student groups, including fraternity or sorority houses, which are owned or controlled by the University or are located on property that the University of Richmond owns or controls.

Public Property

Public property refers to property owned by a public entity, such as a state or city government. It includes thoroughfares, streets, sidewalks, and parking facilities, which are within the campus, or immediately adjacent to and accessible from the campus.

Noncampus

• 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 the 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

Murder & Non-negligent Manslaughter - the willful (non-negligent) killing of one human being by another.

Negligent Manslaughter - the killing of another person through gross negligence.

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. (Note: The Rape definition also includes crimes of sodomy and sexual assaults with an object).

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 - non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Statutory Rape - Non-forcible sexual intercourse with a person who is under the age of consent.

Robbery - the 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 - 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 using a weapon or by means likely to produce death or great bodily harm.

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

Motor Vehicle Theft - the theft or attempted theft of a motor vehicle to include golf carts.

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, private property of another, etc.

What is a Hate Crime?

A criminal offense committed against a person or property which is motivated, in whole or in part, by the offender’s bias. Bias is a preformed negative opinion or attitude toward a group of persons based on their race, gender, religion, sexual orientation, disability, ethnicity, national origin, or gender identity. The perception of the offender determines if a hate crime is classified. There must be evidence that shows the offender was motivated by a bias to commit the crime. Categories of hate crime offenses include all Primary Clery crimes, as well as Larceny-theft, Simple Assault, Intimidation, and Destruction/damage/vandalism of property.

Domestic Violence - 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 violence laws of the jurisdiction in which the crime of violence occurred, or; 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.

Dating Violence - Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. For the purpose of this definition, dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence.

Stalking - 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.

• Course of Conduct -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, surveys, threatens, or communicates to or about a person or interferes with a person’s property.
  
  
• Substantial Emotional Distress - Significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

The Clery Act requires that schools provide statistics for the following categories of arrests or, if an arrest was not made, referrals for campus disciplinary action:Liquor Law Violations

• Drug Law Violations
• Illegal Weapons Possession

An emergency alert is an immediate notification system utilized when there is a confirmed immediate threat or danger to the University of Richmond community. Examples include but not limited to a tornado, an active shooter, a large gas leak.

During an emergency impacting campus, the University of Richmond will use UR Alert (alert.richmond.edu) to provide critical, safety information via text messages, and or email, and phone calls. UR Alert is dependent on an individual “opt-in” registration to receive alert messages. Students, faculty, and staff are encouraged to sign up for the service. Visit alert.richmond.edu for further information.

Nick Myers
Public Safety Compliance Analyst
University of Richmond Police Department
nmyers@richmond.edu