Clery Act
In 1990, the Higher Education Act of 1965 (HEA) was amended to include the Crime Awareness and Campus Security Act of 1990. This amendment required all postsecondary institutions participating in Title IV student financial aid programs to disclose campus crime statistics and security information. In 1998, the act was renamed the Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics in memory of Jeanne Clery, a Lehigh University student who was killed in her dorm room in 1986. On March 7, 2013, President Obama signed a bill that strengthened and reauthorized the Violence Against Women Act (VAWA). Included in the bill were amendments to the Clery Act that afforded additional rights to victims of dating violence, domestic violence, sexual assault and stalking.
Campus Safe and Sound is the San Diego Community College District’s Annual Security Report, published in compliance with the “Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act”. Each participating institution’s Annual Security Report must do the following:
- Disclose the institution’s campus security policies and three years’ worth of specified crime and arrest statistics;
- Keep a daily crime log of alleged criminal incidents that is open to public inspection;
- Provide information regarding the institution’s emergency procedures;
- Issue Timely Warnings for Clery Act crimes that constitute a serious or continuing threat to the safety of students or employees;
- Create awareness and prevention programs for students and employees regarding dating violence, domestic violence, sexual assault and stalking;
- Provide information regarding certain of the institution’s policies and procedures that are related to the Clery Act or the Violence Against Women Act;
- Disclose procedures victims should follow if a crime of dating violence, domestic violence, sexual assault or stalking has occurred; and
- Be made available to students, faculty and staff, and applicants for employment.
The U.S. Department of Education centrally collects and disseminates the statistics reported in the Annual Security Report. Schools that fail to comply can be penalized by the U.S. Department of Education.
Additional Clery and VAWA resources include:
Campus Security Authority
What is a Campus Security Authority (CSA)?
A Campus Security Authority (CSA) is an individual at the colleges who has an obligation to notify the San Diego Community College District Police Department (College Police) of alleged Clery Act crimes for purposes of reporting. The Clery Act Act defines a CSA as any of the following categories:
- A campus police department or a campus security department of an institution, e.g,. any member of College Police.
- Any individuals who have responsibility for campus security but are not members of a campus police department or a campus security department (e.g., an individual who is responsible for monitoring the entrance into the College or District property, such as a security guard).
- Any individual or organization specified in an institution’s statement of campus security policy as an individual or organization to which students and employees should report criminal offense; or
- An official of an institution who has significant responsibility for student and campus activities, including, but not limited to, student housing, student discipline and campus judicial proceedings.
What a CSA Must Do
A CSA must notify College Police of crimes or criminal incidents that are reported to them that fall under the Clery Act’s list of reportable crimes and occur within the College’s Clery Geography for including in the Annual Security Report, regardless of whether or not the victim chooses to file a report with law enforcement or press charges. Any CSA who becomes aware of a Clery-reportable crime must report the incident to the College Police Department as soon as possible, in order to ensure that the District complies with the Timely Warning provision of the Clery Act if applicable. Information forwarded by CSA’s to College Police is for statistical purposes to determine whether a timely warning should be issued to the campus community.
The following crimes must be reported by CSA’s:
- Arson
- Criminal Homicide (murder and non-negligent manslaughter and negligent manslaughter)
- Robbery
- Burglary (except vehicle burglary)
- Motor Vehicle Thefts
- Dating Violence
- Domestic Violence
- Stalking
- Sex Offenses (rape, fondling, incest, and statutory rape)
- Aggravated Assault
- Hate Crimes
- Weapons Violations
- Alcohol Violations
- Drug Violations
Who is a CSA
Examples of common Campus Security Authority roles at City College, Mesa College, Miramar College and the District Office may include:
- Deans of Student Affairs
- Directors of Athletics;
- Athletic coaches, including assistants;
- Title IX coordinators;
- Directors of College Health Center and/or Director of a College Mental Health Services Center
- Members of Emergency Response Teams
Who is Not a CSA
Faculty members who do not have responsibility for student and campus life beyond the classroom, clerical staff, cafeteria staff, facilities staff, and maintenance staff are not considered CSA’s however, they are not prohibited from reporting crimes and are encouraged to do so for accurate record keeping by the San Diego Community College District (District). In addition, the District employs Professional Mental Health Counselors within its Student Health Services. A Professional Mental Health Counselor is an employee of a District whose official responsibilities include providing psychological counseling to members of the District’s community and who is functioning within the scope of his/her/their license or certification. The District is not required to issue Timely Warning notifications with respect to crimes reported to Professional Mental Health Counselors.
