Clery Act Compliance Policy

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Clery Act Compliance Policy

I. Justification and Statement of Policy

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act), 20 U.S.C. § 1092(f), requires colleges and universities participating in federal financial aid programs to comply with various requirements related to safety on campus. Franklin & Marshall is committed to providing a safe and secure learning and working environment, consistent with its obligations under the Clery Act. 

II. Scope

This policy applies to all Franklin & Marshall locations that fall within the College’s Clery geography (including Advanced Studies in England), as defined below. 

III. Definitions

  1. Annual Security and Fire Safety Report – A report containing statistics of Clery Crimes and certain fire safety statistics for the three most recent calendar years, as well as College policy statements and procedures addressing campus security and fire safety on Franklin & Marshall’s Clery Geography.
  2. Campus Alert – Franklin & Marshall’s delivery system for issuing Emergency Notifications and Timely Warnings.
  3. Campus Security Authority (CSA) – An individual who meets one of the following definitions:
    1. a campus police or security department;
    2. any individual who has responsibility for campus security;
    3. any individual or organization specified by policy as an individual or organization to which students and employees should report criminal offenses; or
    4. an official of an institution who has significant responsibility for student and campus activities.  An “official” is defined as any person who has the authority and duty to take action or respond to a particular issue on behalf of the College and does not include support staff or faculty with no responsibility for student and campus activities outside of the classroom.
  4. Clery Crimes – Crimes designated as reportable under the Clery Act, which include: 
    1. Criminal Offenses – murder and non-negligent manslaughter, manslaughter by negligence, sexual assault (rape, fondling, incest, and statutory rape), robbery, aggravated assault, burglary, motor vehicle theft, and arson.
    2. Hate Crimes – any of the above-mentioned Criminal Offenses and any incidents of larceny-theft, simple assault, intimidation, or destruction/damage/vandalism to property that were motivated by bias.
    3. Violence Against Women Act (VAWA) Offenses – domestic violence, dating violence, and stalking.
    4. Weapons, Drug, and Liquor Law Violations – arrests and referrals for disciplinary action
  5. Clery Geography – Buildings and properties considered to be: 
    1. “on campus” – buildings or property owned or controlled by the College within the same reasonably contiguous geographic area; or buildings or property within the same reasonably contiguous areas, owned by the College but controlled by another person, frequently used by students, and supporting educational and College purposes.
    2. “non-campus building or property” – building or property owned or controlled by the College that is used in direct support of, or in relation to, the College’s educational purposes, is frequently used by students, and is not within the reasonably contiguous geographic area of the College; or building or property owned or controlled by a registered student organization.
    3. “public property” - thoroughfares, streets, sidewalks, and parking facilities that are within the campus or immediately adjacent to and accessible from the campus.
    4. “separate campus” – An additional location that (a) the College owns or controls, (b) is not reasonably geographically contiguous with the main campus, (c) has an organized program of study, and (d) there is at least one person on-site acting in an administrative capacity.  This definition includes the College’s Bath, England campus. 
  6. Emergency Notification – Notification to the campus community upon confirmation of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees occurring on campus. 
  7. Pastoral Counselor – a person who is associated with a religious order or denomination, is recognized by religious order or denomination as someone who provides confidential counseling, and is functioning within the scope of that recognition as a pastoral counselor. 
  8. Professional Counselor – A person whose official responsibilities include providing mental health counseling to members of the College community and who is functioning within the scope of the counselor’s license or certification. 
  9. Timely Warning – Notification to the campus community of Clery Crimes that occur on F&M’s Clery Geography and that represent a serious or continuing threat to the safety of students or employees.

IV. Policy

A.  Annual Security Report
By the publication deadline established by the U.S. Department of Education, the College will publish the Annual Security and Fire Safety Report. The report will contain the following:

    1. Safety and security-related policy statements (including emergency notification and evacuation procedures);
    2. Clery Crime Statistics on Clery Geography;
    3. Fire statistics for each on-campus student housing facility;
    4. Fire safety information related to on-campus student housing facilities;
    5. Procedures for institutional disciplinary action in cases of dating violence, domestic violence, sexual assault, and stalking; 
    6. Missing student notification procedures that pertain to students residing in on-campus student housing facilities; and
    7. Crime prevention and awareness educational programs and campaigns for students and employees. 

The College will distribute notice of availability of the Annual Security and Fire Safety Report to all current students and employees as well as make it available to prospective students and employees.  The Annual Security and Fire Safety Report is available for viewing on the College website.  

B.  Campus Security Authorities 

CSAs must record information about Clery Crimes that occur on Clery Geography and submit the information to the Department of Public Safety in accordance with College procedure for inclusion in the Annual Security Report. In addition, the College encourages all students, employees, volunteers and guests of the College to report promptly any and all crimes to DPS and/or local law enforcement as soon as possible.

Because personnel and job positions change, someone who is a CSA one year may not be a CSA the following year. To determine which individuals are CSAs, the function served by that individual must be considered. Examples of CSAs include, but are not limited to:

    • Department of Public Safety Officers and staff 
    • Title IX Coordinator 
    • Student Affairs staff including, but not limited to, the Directors of Wellness Center Staff, Athletics Department Staff, including coaches, and Student Housing Staff, including HAs
    • College House Dons
    • Members of DipCares
    • Associate Dean of International Initiatives and staff 
    • Faculty members who serve as advisors to student organizations 
    • Community and Belonging staff
    • Senior Officers 
    • Director of the Office of the President
    • Associate VP of Human Resources 
    • Associate Deans in the Office of the Provost 
    • Director of Environmental Health, Safety and Risk Management
    • Faculty and Professional Staff employed in the The Hub

On an annual basis, the College will identify and notify CSAs of their obligations under the Clery Act to report any and all Clery Crimes that they witness or that are reported to them. CSAs will also be provided with regular training.

Professional Counselors are exempt from disclosing offenses reported to them for the purposes of Clery compliance.  The Professional and Pastoral Counselor exemptions are intended to ensure that these individuals can provide appropriate counseling services without an obligation to report crimes about which they may have learned.

C.  Daily Logs

The College maintains a daily crime and fire log, which is open to public inspection upon request. This log includes all alleged criminal incidents reported to the Department of Public Safety if they occurred within the College’s Clery Geography or the Department of Public Safety’s patrol jurisdiction. Additionally, it includes records of all reported fires occurring in F&M’s on-campus student housing facilities.

D.  Emergency and Timely Warnings 

Via issuance of a Campus Alert, the College issues timely warnings and emergency notifications.  A Campus Alert 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. Confidential information, such as the name or other identifying information of the victim(s) and other necessary parties, will be withheld from the Campus Alert.

V. Related Documents and Forms

Missing Student Policy

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Policy Maintained by: Department of Public Safety, Associate Vice President for Public Safety
Last Reviewed: November 14, 2024