Compliance with the Clery Act | Policies

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The goal of the Clery Act is to ensure students, prospective students, parents, employees, and prospective employees have access to accurate information about crimes committed on campus and campus security procedures that will assist them in making decisions that affect their personal safety.

Policy Statement

Adelphi University is committed to the safety and well-being of all members of the University community. All universities must comply with the requirements set forth in the Clery Act and New York State laws in furtherance of providing a safe and secure learning and work environment for students and employees.

Reason for Policy

The Clery Act, officially known as the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (section 485 of the higher education act, codified at 20 U.S.C. 1092 (f)), is a federal law requiring colleges and universities across the United states, that receive Title IV funding, to disclose information about particular crimes, on and around their campuses, and safety related policies.

Who Is Governed by this Policy

Students, Staff, Administration, CSA’s, and Visitors

Policy

This Policy describes roles and responsibilities for the University Community related to compliance with legal requirements regarding crime reporting, awareness, and prevention.

University Requirements Under Clery
In accordance with the requirement of the Clery Act, the University, through the Department of Public Safety & Transportation, shall:

Collect, classify, and count crime reports and crime statistics. This includes:
- Compiling and disclosing statistics of reports on the types of Clery Crimes reported to the University’s campus and centers, immediately adjacent public areas, and certain non-campus facilities;
- Collecting reports of Clery Crimes made to Public Safety, local law enforcement, University officials and other associated with the University who have significant responsibility for student and campus activities (i.e. CSA’s)
Identify Campus Security Authorities (CSAs) on a regular, ongoing basis, and notify these individuals of their obligations under the Clery Act to report any and all Clery Crimes that they witness, or are reported to them.
Provide regular, mandatory training for all CSAs
Issue Campus Alerts including Timely Warnings and Emergency Notification
- Issuing an emergency notification alerts and informs the campus community about a “significant emergency or dangerous situation involving an immediate threat to the health or safety of the students or employees occurring on the campus.”
- Issuing a Timely Warning, also known as a Safety Alert, alerts the campus community of Clery Crimes that pose a serious or continuing threat to the campus and surrounding community. Timely warnings will be disseminated throughout the community as soon as pertinent information is available and will provide information that will allow the community to take precautions to protect themselves and prevent similar crimes from occurring.
Provide educational programs and campaigns
- Public Safety and other appropriate departments (i.e. Title IX, Alcohol & Drug, Student Conduct, etc.) will work together to create, establish, and conduct programs at the University Main Campus and Centers to educate the campus/center and surrounding community to promote general awareness of all crime and safety-related issues at the University locations.
Have procedures for institutional disciplinary action in cases of dating violence, domestic violence, sexual assault, and stalking
Publish an annual security and fire safety report on or before Oct 1^st annually
Submit Crime statistics to the Department of Education
Keep and maintain a daily crime log and a daily fire log, open to public inspection
With on-campus housing facilities
- Disclose missing student notification procedures that pertain to students residing in those facilities
- Disclose fire safety information related to those facilities
  - Publish a Fire Safety report, as part of our annual security report, containing policy statements and fire statistics associated with each on-campus student housing facility, including the number of fires, cause of fires, injuries, deaths, and property damage.
  - Submit Fire Statistics to the Department of Education
Inform current and prospective student and employees about the availability of the Annual Security and Fire Safety Report

Responsibilities
All University Faculty, Staff, Administration, Students, and Visitors on University Facilities or Property

Promptly report any activity that is perceived as criminal, potentially dangerous, or suspicious to a Campus Security Authority (CSA) or Public Safety

Campus Security Authorities

Any person identified as a CSA must report to the Department of Public Safety a crime or an incident that might be a crime that he/she becomes aware of. The reportable Clery Act Crimes are “good faith” reports (reasonable basis to believe it is not hearsay/ rumor) reported by witness, 3rd party, victim, offender. In addition, a CSA is not responsible for determining if a crime took place but must report the incident.
If you are unsure if a crime or incident should be reported, report it!
Steps to follow when a crime is reported to a CSA
- When a crime/incident is reported, the CSA should always respond to emergencies by dialing “5” from any campus phone for Public Safety or calling 911.
  - If a CSA is notified of a crime in progress or an ongoing threat to the Adelphi community, they will contact the Department of Public Safety for assistance immediately.
- If it is not an emergency, the CSA should ask the individual reporting the crime if they would like to report the incident to the Adelphi University Department of Public Safety. If they do, the CSA should coordinate reporting and contact the Department of Public Safety (24/7).
- The CSA should explain that they are a federally mandated crime reporter and are required to submit a crime report for statistical purposes and that the crime report can be submitted without identifying the reporting party and/or victim if the reporting party would like to remain anonymous.
  - A CSA should also provide the victim/3rd party with the Written Notification information. This can be found on the Victims’ Rights, Options, and Resources page.
- If the CSA has firsthand knowledge/confirmation that the reporting party already filed a report with the Department of Public Safety, then the CSA is not obligated to complete and submit a CSA Reporting Form.
  - If the reporting party says they will file a report with Department of Public Safety, but the CSA has no first-hand knowledge/confirmation that a police report was filed, then the CSA must complete and submit a CSA Reporting Form.
- Please use the CSA Reporting Form to communicate reports promptly to the Department of Public Safety. It is very important that CSAs report crime/incident on a timely basis to the Department of Public Safety as a reported crime/incident may warrant a University issued Safety Alert to the University Community.

Student Conduct & Community Standards/Student Affairs

Work with students to promote adherence to the Code of Conduct
Work with the Department of Public Safety on at least an annual basis. The Associate Director of Administration & Investigations and the Office of Student Conduct will review reports of referral for Clery Crimes and disciplinary action related to Drug, Liquor and Weapons offenses. The Associate Director of Administration & Investigations, or appropriate designee, is responsible for reviewing the report information provided by Student Conduct, and work cooperatively with the Office of Student Conduct to ensure that incidents are not double-counted.

Title IX Coordinator and Human Resources

Work with students and employees to promote adherence to the Code of Conduct and Anti-Discrimination & Harassment Policy.
On at least an annual basis, the Associate Director of Administration & Investigations and the Title IX Coordinator will review reports of VAWA Offenses for Clery Crimes. The Associate Director of Administration & Investigations, or appropriate designee, is responsible for reviewing the report information provided by the Title IX Coordinator, and work cooperatively with the Title IX Office to ensure that incidents are not double-counted.

Exemptions

The following individuals, when acting within the scope of the official responsibilities are NOT Campus Security Authorities, and as such, are exempt from the mandates of this policy:

Pastoral Counseling: Interfaith Center (Pastoral Counselors)
Student Counseling Center (Professional Counselors)
Health Services Center (when acting in an official capacity)

Further Information

For questions or additional detail, please contact the Department of Public Safety & Transportation.

Definitions

Annual Security & Fire Safety Report (ASFSR): 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. In addition, each Campus that maintains an On-Campus student housing facility must publish and distribute annually by October 1 an Annual Fire Safety Report (AFSR). The AFSR includes the fire statistics and the fire safety policies and procedures for each On-Campus student housing facility for the three most recent calendar years.

Campus Security Authority (CSA): The job of safety on campus does not rest solely in the hands of the Adelphi University Department of Public Safety. It is a collaborative effort across campus. According to a federal law known as the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, Adelphi University is required to disclose “statistics concerning the occurrence of certain criminal offenses reported to public safety, local law enforcement agencies, and/or any official of the institution who is defined as a “Campus Security Authority.” The purpose of including non-security department employees as CSA’s is that many individuals receive reports of a crime or offense, not just Public Safety. A Campus Security Authority (CSA) is identified based on any of the following categories:

The position is in the Department of Public Safety and Transportation;
A position that is responsible for campus security, but is not the Department of Public Safety, such as an individual who is responsible for monitoring entrance into University property;
A position that has been identified by the University as an individual or organization to which student and employees should report criminal offenses to; and/or
The position involves significant responsibility for student and campus activities and/or responsibility for campus security.

Clery Crimes: Crimes required by the Clery Act to be reported annually to the University community, 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 and possessing illegal weapons. For full definitions of Clery Crimes, please visit Clery Act Reportable Crimes and Locations.

Clery Geography: Clery Act crimes are reported in the Crime Statistics when they occur in the following geographic locations:

On-Campus: Any building or property owned or controlled by an institution within the same reasonable 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 the area described above, 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).
Public Property: All public property, including thoroughfares, streets, sidewalks, and parking facilities, that is within the campus, or immediately adjacent to and accessible from the 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.

Daily Crime Log: The daily crime log, at each location (Garden City, Manhattan, Hauppauge, and Hudson Valley), records all crimes reported to the University by the category of crime, incident number, date of crime, time of occurrence, general location, and disposition if known. A crime log entry or change in the disposition is recorded within two business days of the reporting of the crime. The crime log is accessible for public inspection during normal business hours for the most recent 60-day period.

Daily Fire Log: The Daily Fire log records, at the Garden City Campus, the incident number, date of fire, time of occurrence, general location of the fire in a residence hall, and cause if known. The fire log is accessible for public view for the most recent 60-day period during normal business hours.

Emergency Notification: An announcement to inform the campus community about a “significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees occurring on the campus.” An emergency response expands upon the definition of “timely warning” (see below), as it includes both Clery Act crimes and other types of emergencies (examples: a fire, infectious disease outbreak, terrorist attack, natural disaster, weather emergency).

Hate Crime: Criminal offenses that manifest evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim, specifically because of the following categories: race, religion, sexual orientation, gender, gender identity, ethnicity, national origin, and disability. For Clery purposes, hate crimes include any of the following offenses that are motivated by bias: murder and non-negligent manslaughter, sexual assault, robbery, aggravated assault, burglary, motor vehicle theft, arson, larceny-theft, simple assault, intimidation, and destruction/damage/vandalism of property.

Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act): Also known as the Clery Act, this federal law requires colleges and universities that receive Title IV funding to disclose information about Clery Crimes occurring on Clery Geography and safety-related policies.

Missing Student Notification: The University has provided a list of titles of persons and offices to which students, employees, or others, can contact if they have reason to believe a student who lives in on-campus student housing has been missing for 24 hours. The intent of this notification process is to direct others who believe a Penn State student is missing to immediately notify specific staff in the University administration, Public Safety, and local law enforcement.

Pastoral Counselors: A person who is associated with a religious order or denomination, recognized by that religious order or denomination as someone who provides confidential counseling, and is functioning within the scope of that recognition as a pastoral counselor. Pastoral Counselors, when acting within the scope of the official responsibilities are not Campus Security Authorities.

Professional Counselors: A person whose official responsibilities include providing mental health counseling to members of the institution’s community and who is functioning within the scope of his or her license or certification. This includes professional counselors who are not employees of the institution, but are under contract to provide counseling at the institution. Professional Counselors, when acting within the scope of the official responsibilities are not Campus Security Authorities.

“Reasonably Contiguous” (as pertaining to a college campus): Buildings or property owned or controlled by the institution, located in an area that is considered and treated as an integral part of campus (within a 1-mile of campus border) and covered by the same security policies as the main campus.

Timely Warning: An announcement made to alert the campus community about Clery Crimes and other serious incidents in the event that a reported crime may pose a serious or continuing threat to the campus and surrounding community.

VAWA Offenses: Crimes required by the Clery Act to be reported annually to the University community, including: sex offenses (rape, fondling, statutory rape, and incest), dating violence, domestic violence, and stalking. For full definitions of Clery Crimes, please visit Clery Act Reportable Crimes and Locations.

Procedures

Annual Security & Fire Safety Report (ASFSR)
Adelphi University’s Annual Security and Fire Safety Report includes statistics for the previous three calendar years concerning reported crimes that occurred on campus; in certain off-campus buildings or property owned or controlled by Adelphi University; and on public property within, or immediately adjacent to and accessible from campus.

The report also includes institutional policies concerning campus security, such as policies concerning alcohol and drug use, crime prevention, the reporting of crimes, hate crimes, sexual assault including Title IX, Violence Against Women Reauthorization Act of 2013 (VAWA), domestic violence, dating violence, stalking, emergency operations plans including evacuation procedures, annual fire safety report and fire log, Amanda’s Law and the Kerry Rose Fire Sprinkler Notification Act, missing student notification, timely warnings and emergency notifications, and other matters.

This report can be viewed by visiting the Public Safety website at adelphi.edu/safety-transportation/ or may be obtained upon request in the Department of Public Safety and Transportation in Levermore Hall.

For more information, please see the Annual Security & Fire Safety Report: Collecting, Classifying, & Publishing Policy.

Campus Security Authority

The job of safety on campus does not rest solely with the hands of the Adelphi University Department of Public Safety. It is a collaborative effort across campus. The purpose of including non-security department employees as CSA’s is that many individuals receive reports of a crime or offense, not just Public Safety.

For more information, please visit Campus Security Authorities (CSA) or see the Campus Security Authority-Clery Act Policy.

Records Retention

The supporting records used in compiling the report shall be retained for three years from the latest publication of the report to which they apply. Records to be kept include, but are not limited to:

copies of crime reports;
the daily crime logs;
records for arrests and referrals for disciplinary action;
timely warning and emergency notification reports;
documentation, such as letters to and from local police having to do with Clery compliance;
letters to and from Campus Security Authorities;
correspondence with the U.S. Department of Education regarding Clery Act compliance;
copies of notices to students and employees about the availability of the annual security report.

All documentation should be dated.

Submitting Crime Statistics to the U.S. Department of Education (D.O.E.)

The University is not required to send the ASFSR to the D.O.E.; however, the University is required to submit the crime statistics from the ASFSR. During late summer, D.O.E. conducts the annual Campus Safety and Security Survey. This Web-based survey is used to collect the statistical data from the ASFSR. The data is then posted on the D.O.E. public website for use by higher education consumers. The site is located at https://surveys.ope.ed.gov/campussafety/. Each year a few weeks prior to the collection, DOE sends a letter and a registration certificate to the President of Adelphi University. The certificate contains the information necessary to access the survey and enter data. The letter and registration certificate will be routed to the Associate Director of Administration & Investigation, in the Department of Public Safety, for appropriate handling. The Associate Director of Public Safety, or designee, enters the data on the D.O.E. site. The Associate Director of Public Safety reviews the entries and locks the submissions on the D.O.E. website.