Clery Compliance

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”), originally called the Crime Awareness and Campus Security Act, was passed in 1990 and has been amended and reauthorized on several occasions since its original passage. All institutions that participate in federal student financial aid programs must comply with the Clery Act. The Clery Act contains three major categories of requirements:

1. Every institution must collect and publish certain crime statistics in an Annual Security Report and must adopt certain security-related policies and procedures.
2. An institution with a campus police department must publish a daily crime log and issue warnings and notices to the campus community.
3. An institution with one or more on-campus student housing facilities must meet the missing student and fire safety requirements.

North Carolina Central University must comply with all three major requirement categories. To comply with the crime statistics requirement, an institution must collect statistics for certain specified crimes (often called Clery crimes) that occur on the campus or in certain other areas as defined by the Clery Act (often called an institution’s Clery geography). These statistics must be collected from the campus police, from the local law enforcement agency, and from certain individuals and organizations that the Clery Act defines as “campus security authorities” (CSAs). The goal of collecting crime reports from CSAs rather than just from the police is to capture as many crime reports as possible. Although every institution wants community members to report crimes to law enforcement, that does not always happen. Even when an institution has a campus police department, some students who are victims of crime are more inclined to report the crime to someone other than the campus police. 

To access the University’s Manual for Clery Crime Reporting, Annual Security and Fire Safety Reports, or Clery Geography Map, visit the University Police Department webpage.

What does the Clery Act require?

The Clery Act requires any higher education institution that receives federal funding to publish an Annual Security Report (ASR) by October 1. Institutions must also inform prospective students and employees about the existence of the report and how to obtain a copy of the report; provide a timely warning notification of the crime trends or threats to safety on and around the campus; maintain a public log; and establish various campus policies.

What is in the report?

The ASR must include policy statements that disclose the procedures, practices, and programs the institution uses to keep students and employees safe and its facilities secure. It also must include crime statistics from the last three (3) years.

What is a timely warning?

A timely warning is a notification that is sent to students and employees whenever there is a threat that a serious crime is ongoing or may be repeated so that campus community members can protect themselves from harm.  A timely warning should be issued as soon as pertinent information is available regarding the threat.

What is the role of a Campus Security Authority? 

A Campus Security Authority (CSA) is required to report any crime brought to his or her attention to University Police.  

Who are CSAs?

For purposes of the Clery Act, CSAs include (but are not limited to) police and security, the dean of students, faculty advisors, organization advisors, Residential Life staff, staff advisors to clubs, the athletic director, coaches, Human Resources, and anyone else the university assigns/designates.

Who is not considered a CSA?

CSAs do not include faculty members, food service staff, clerical staff, and facilities staff who do not have any responsibility for student and campus activities beyond the classroom. 

Who is exempt from being a CSA? 

In order to preserve the counselor-client relationship, pastoral counselors and professional mental health counselors are exempt from disclosing crimes, as long as they are acting within their role as a pastoral or professional counselor.  

What information about the crime is a CSA required to report? 

CSAs are required to report the name of the survivor/victim (unless they ask to remain confidential), date of the offense, type of offense, and location of the offense. The reporting form can be found here.

What crimes are covered? 

Some of the crimes included in the ASR are criminal homicide, sexual assault, robbery, aggravated assault, burglary, motor vehicle theft, arson, hate crimes, domestic violence, stalking, weapons law violations, and drug abuse violations. For a full list of included crimes, consult NCCU’s CSA Manual for Clery Crime Reporting or visit the Clery Center website.

Is an employee from the Title IX office required to report a Clery crime? 

Yes, Title IX employees are responsible for reporting Clery crimes.

Do colleges and universities only have to report crimes that occur on campus?

No, the ASR should include crimes that occurred on-campus (including on-campus student housing); on public property within the boundaries of the campus; on public property immediately adjacent to the campus; at a non-campus building or property that is owned or controlled by the university; at a non-campus building or property that is owned or controlled by the university, used for educational purposes, and frequently used by students, although not a part of main campus; or any building or property owned or controlled by student organizations officially recognized by the university (i.e., fraternity and sorority housing).

What happens when a crime occurs? 

When a crime covered under the Clery Act occurs, campus officials will evaluate whether there is an ongoing and serious threat to the campus community and if a timely warning needs to be issued to all members of the campus community. If there is an immediate danger to the health or safety of the campus community, an emergency notification may be issued to either the entire campus or a specific area.

Are CSAs required to report non-Clery crimes? 

Even though a crime may not fall within Clery, a CSA should still report a “non-Clery” crime to University Police so the conduct can be investigated and addressed.

Where can I get a copy of NCCU’s current ASR? 

You can obtain a copy of the current ASR via the following link: 2020 ASR. You also may visit the Campus Security Authorities link under the University Police webpage.

What are the consequences if NCCU fails to comply with the Clery Act? 

The US Department of Education is charged with enforcing the Clery Act and may level civil monetary penalties against institutions of higher education or suspend them from participating in federal student financial aid programs.

Who should I contact if I have additional questions regarding the Clery Act?

Please contact either University Police 919-530-6106 or the Office of Legal Affairs 919-530-6105 for further assistance.