What is the Clery Act?
The Clery Act is a federal law that requires the University to provide accurate and timely information about alleged crimes in the University community. The University is required to collect information from a variety of individuals and organizations that the law considers to be “Campus Security Authorities” or CSAs. Campus Security Authorities may or may not also be Mandatory Reporters.
Who Are CSAs?
“Campus Security Authorities” are the following employees:
- WFU campus police, security department, and security personnel
- Other individuals outside of the police department with security responsibilities, such as those monitoring access to campus property (e.g., parking lots, residence halls, and athletic venues).
- Individuals or organizations designated in WFU’s security policy as those to whom students and employees should report crimes.
- Officials with significant responsibility for student and campus activities, such as student housing, student discipline, and campus judicial proceedings.
a. What matters is an individual’s job function, not the title of their position.b. Specifically, those officials whose functions involve relationships with students.
Examples of Individuals that qualify as CSAs:
- A dean of students who oversees student housing, a student center or student extracurricular activities
- A director of athletics, all athletics coaches, or a faculty or staff advisor to a student group
- Title IX Coordinator
- Faculty or staff who travel with students
The following are examples of faculty and staff that do not meet the criteria for CSA:
- Support positions, such as cafeteria workers or clerical staff
- Faculty who do not have any responsibility for student and campus activity beyond the classroom
If you are not sure whether you are a CSA, please contact University Police.
Reportable offenses under the Clery Act:
- Murder/non-negligent homicide
- Negligent homicide
- Aggravated assault
- Sex offenses (rape, sexual harassment, etc.)
- Motor vehicle theft
- Relationship violence (domestic violence, dating violence, stalking)
- Hate crimes
- Liquor law violations, drug law violations, weapons possession violations
Reporting Obligations of a CSA
- A CSA who receives a report of a possible Clery crime from anyone—with or without a connection to the University—must promptly report it to University Police via the Campus Safety Authority Crime Statistic Report Form which is located on the WFU Police Department’s website.
- If the person disclosing a possible Clery crime needs assistance, the CSA should provide information for seeking help and let the person know that help is available even if the person is not seeking an investigation.
- CSAs should not investigate crimes or try to determine whether a crime was actually committed.
- CSAs should not attempt to persuade reluctant reporters to report to the police or the University.
- Once reported to the appropriate authority, the CSA’s obligations under the Clery Act are met and no further action by the designated CSA is necessary.
- If unsure whether an incident is a Clery crime, the CSA should go ahead and report it to the WFU Police Department via the CSA report form on the WFU Police Department’s website.
CSA Reporting Contents
When submitting a report, the CSA should provide as much information as is available to assist the university police or designated official in categorizing the crime such as:
- location of the crime,
- when the crime occurred,
- description of the crime,
- injuries or weapons,
- threats of violence,
- commission of crime because of bias
If the reporting person does not want the report to go further than the CSA, a CSA should explain that they are required to submit a crime report for statistical purposes, but the report can be submitted without inclusion of personally identifying information about the victim or others involved.
Example of CSA Reporting
A hall director who has been identified as a CSA is told by a student that she has been raped and is seeking emotional and medical support. The hall director should report this information through the form on the WFU Police Department’s website. The CSA will report regardless of whether the victim chooses to file a report with law enforcement or the University Title IX Office. The CSA may submit the report without identifying the victim.