Summary of the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act
In November 1990, the Crime Awareness and Campus Security Act (Title II, Public Law 101-542) was signed into law. This law requires universities to produce and make available certain policy statements and statistics about campus crime. In November of 1999 this Act was renamed the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act or simply, The Clery Act. It is the policy of The University of Texas at San Antonio to publish by October 1st of each school year an annual security report that informs current students and employees of its safety and security policies, procedures and practices. Our Annual Security and Fire Safety Report will also disclose statistics from the previous three years concerning reported crimes that occurred on campus, in certain off-campus buildings or property either owned or controlled by the University and owned or controlled by student organizations recognized by the University, and on public property within or immediately adjacent to and accessible from the campus.
HEOA Update: Fire Incident Reporting Requirement
The Higher Education Opportunity Act (HEOA, Public Law 110-315) became law in August 2008, requiring all United States academic institutions to produce an annual fire safety report; outlining fire safety practices, standards, and all fire-related on-campus housing statistics. The Annual Security Report and the Annual Fire Safety Report are combined into one report. The fire safety section of the report contains statistical information about fires on in-campus housing for the previous three calendar years. The report can be viewed and printed (PDF) or you may get a copy from the UTSA Police Department. This information is compiled by the UTSA Fire Marshall.
Campus Security Authority Crime Reporting Form
For compliance with the Campus Security Act, the Campus Security Authority Form (CSA Form) is to be completed whenever any faculty or staff person with significant responsibility for student activities becomes aware of a crime that has taken place. While anyone (students, staff members, or a third party) can complete a CSA form, Campus Security Authorities (CSAs) must report when they are made aware of a Clery crime. The Jeanne Clery Act defines Campus Security Authorities (CSAs) as: individuals with campus security responsibility, individuals designated by the campus, officials with significant responsibility for student and campus activities, and the campus police department.
Clery Crime Classification
- Murder/non-negligent manslaughter is defined as the willful killing of one human being by another.
- Manslaughter by negligence is defined as the killing of another person through gross negligence. Count one offense per victim.
- Sexual Assault (Sex Offenses). Any sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent. Includes attempted Sexual Assaults. The four types of sexual are:
- Rape is 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. This offense includes the rape of both males and females.
- Fondling is 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 is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
- Statutory Rape is sexual intercourse with a person who is under the statutory age of consent. Statutory age of consent in Texas is 17.
- Robbery is the taking or attempted 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 is 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 by the use of a weapon of by means likely to produce death or great bodily harm
- Burglary is the unlawful entry of a structure to commit a felony or a theft.
- Motor Vehicle Theft is the theft or attempted theft of a motor vehicle.
- Arson is any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc.
- Hate crime is a criminal offense that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim. Hate Crimes include all of the criminal offenses listed above and also include larceny, vandalism, intimidation, and simple assault which are defined below. There are 8 categories of bias:
- Sexual orientation
- Gender identity
- National origin
- Larceny-Theft is the unlawful taking, carrying, leading or riding away of property from the possession or constructive possession of another.
- Simple Assault is an unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness.
- Intimidation is to unlawfully place 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 actual physical attack.
- Destruction/Damage/Vandalism of Property is to willfully or maliciously destroy, damage, deface, or otherwise injure real or personal property without the consent of the owner or the person having custody or control of it.
- Domestic violence is defined as 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 or family violence laws of the jurisdiction in which the crime of violence occurred;
- 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.
- Dating violence is defined as 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 with consideration of 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 covered under the definition of domestic violence.
- 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.
- Course of conduct means 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.
- Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
- Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily require medical or other professional treatment or counseling.
Arrests and Disciplinary Referrals
- Arrest for Clery Act purposes is defined as persons processed by arrest, citation or summons.
- A disciplinary referral is defined as the referral of any person for a violation of the law to any official who initiates a disciplinary action of which a record is established and which may result in the imposition of a sanction. The referral must be a violation of the law in one of the categories below:
- Weapons: Carrying, Possessing, etc. is defined as the violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, concealment, or use of firearms, cutting instruments, explosives, incendiary devices or other deadly weapons.
- Drugs Abuse Violations are defined as the violation of laws prohibiting the production, distribution and/or use of certain controlled substances and the equipment or devices utilized in their preparation and/or use. The unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation or importation of any controlled drug or narcotic substance. Arrests for violations of state and local laws, specifically those relating to the unlawful possession, sale, use, growing, manufacturing and making of narcotic drugs.
- Liquor law violations are defined as the violation of state or local laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession or use of alcoholic beverages, not including driving under the influence and drunkenness.
- On-Campus is defined as:
- Any building or property owned or controlled by an institution with 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 identified in the above paragraph of this definition, that is owned by the institution but controlled by another person, is frequently used by students, and supports institutional purposes.
- On Campus-Student Housing—a subset of On Campus.
- Public Property—all public property, including thoroughfares, streets, sidewalks, & parking facilities; that is within the campus or immediately adjacent to and accessible from the campus. And easy way to remember what we consider public property is sidewalk, street, sidewalk.
- Non-campus buildings or property—any building 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.
Campus Security Authorities
The Jeanne Clery Act defines Campus Security Authorities (CSAs) as: individuals with campus security responsibility, individuals designated by the campus, officials with significant responsibility for student and campus activities, and the campus police department. A list of the Campus Security Authorities is listed in the Annual Security and Fire Safety Report. Training for Campus Security Authorities is available through classroom, on-line, or small groups. Contact the Clery Compliance Coordinator to schedule training.
Annual Security & Fire Safety Report
Printed copies of the Annual Security and Fire Safety Report may be obtained from the UTSA Police Department.