Clery Act Policy
Policy Name:
Jeanne Clery Act Compliance Policy
Policy Statement:
Georgia College & State University is committed to maintaining a safe and secure environment for its faculty, staff, students, alumni, volunteers, and visitors. The purpose of this policy is to facilitate and outline the roles and responsibilities for compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) at Georgia College & State University. This policy supersedes the previous policy, Jeanne Clery Act Compliance.
Definitions:
Annual Security and Fire Safety Report (ASFSR): An annual report reflecting current campus policies including but not limited to campus safety, disclosure of campus crime statistics, fire safety education, and fire statistics.
Campus Security Authority (CSA): A Clery Act-specific term that encompasses four groups of individuals and organizations associated with an institution. A campus police or security department of an institution, any individual(s) who have responsibility for campus security but who do not constitute a campus police or security department, 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 offenses, and 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. If such an official is a pastoral or professional counselor, the official is not considered a campus security authority when acting as a pastoral or professional counselor.
Clery Act Crimes: Crimes required by the Clery Act to be reported annually in the ASFSR including criminal homicide (murder and negligent/non-negligent manslaughter), sex offenses (Rape, Fondling, Incest, Statutory Rape), robbery, aggravated assault, burglary, motor vehicle theft, arson, hate crimes (including larceny theft, simple assault, intimidation, or destruction/vandalism of property that are motivated by bias), Dating Violence, Domestic Violence, Stalking, arrest and referrals or disciplinary action for any of the following; liquor law violations, drug law violations, weapon: carrying, possessing, etc.
Clery Reportable Locations (Clery Geography): For the purposes of collecting statistics on Clery Act Crimes for a campus, Clery Geography includes buildings and property that are part of the University’s campus; the University’s noncampus buildings and property; and public property within or immediately adjacent to and accessible from the campus. For the purposes of maintaining the Daily Crime Log, Clery Geography additionally includes areas within the patrol jurisdiction of the University Police department.
Complainant – An individual who is alleged to be the victim of conduct that is prohibited by this policy. A complainant may be a student, employee, other affiliate, or unaffiliated with the institution.
Confidential Contact – A contact of the student’s choosing that will be notified if a student is believed to be missing. This is to be used only for investigation of a missing student. This is not the same as a student’s emergency contact.
Consent – Words or actions that show a knowing and voluntary willingness to engage in mutually agreed-upon sexual activity. Consent cannot be gained by force, intimidation, or coercion, by ignoring or acting in spite of objections of another, or by taking advantage of the incapacitation of another, where the Respondent knows or reasonably should have known of such incapacitation. Minors under the age of 16 cannot legally Consent under Georgia law.
Daily Crime Log – A public log that records, by date reported, all crimes reported to GCSU Department of Public Safety.
Dating Violence - Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.
1. 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.
2. For the purposes of this policy:
a. Dating Violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
b. Dating Violence does not include acts covered under the definition of Domestic Violence.
3. For the purposes of complying with the requirements of this policy any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.
Domestic Violence - A felony or misdemeanor crime of violence committed:
1. By a current or former spouse or intimate partner of the victim;
2. By a person with whom the victim shares a child in common;
3. By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
4. 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;
5. 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 occurred;
6. 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 occurred.
7. For the purposes of complying with the requirements of this policy, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.
Emergency Notification - Immediate notification to the campus community upon confirmation of a significant emergency or dangerous situation occurring on the campus that involves an immediate threat to the health or safety of students or employees.
Fire Log – A log that records all reported fires, including arson, in on-campus student housing facilities.
Fondling – 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.
Hate Crime: A crime reported to local police agencies or to a campus security authority that manifests evidence that the victim was intentionally selected because of the perpetrator's bias against the victim. For the purposes of this section, the categories of bias include the victim's actual or perceived race, religion, gender, gender identity, sexual orientation, ethnicity, national origin, and disability.
Incest – Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
Notice - Notification of the availability of information the University is required to disclose by this policy, provided to an individual on a one-to-one basis through an appropriate mailing or publication, including direct mailing through the U.S.P.S, campus mail, or electronic mail.
Proceeding - All activities related to a non-criminal resolution of an institutional disciplinary complaint, including, but not limited to, factfinding investigations, formal or informal meetings, and hearings. Proceeding does not include communications and meetings between officials and parties concerning accommodations or protective measures to be provided to a party.
Rape – 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.
Respondent – An individual who has been reported to be the perpetrator of conduct that is prohibited by this policy. A respondent may be a student, employee, other affiliate, or unaffiliated with the institution.
Sexual Assault - An offense that meets the definition of rape, fondling, incest, or statutory rape as defined in this policy.
Stalking - 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. For the purpose of this policy:
1. 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.
2. A reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
3. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
4. For the purposes of complying with the requirements of this policy, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.
Statutory Rape – Sexual intercourse with a person who is under the statutory age of Consent.
Timely Warning – An alert to the campus community of Clery crimes in a manner that is timely and will aid in the prevention of similar crimes. A warning about criminal incident is intended to enable people to protect themselves. The warning should be issued as soon as pertinent information is available.
University Community – Students, faculty, and staff, as well as contractors, vendors, visitors, and guests.
VAWA - Violence Against Women Reauthorization Act of 2013 amendments to the Clery Act, Public Law 113-4 Section 304.
VAWA Sexual Misconduct - Dating violence, domestic violence, sexual assault, and stalking as defined by this policy whether or not it is alleged to have occurred on or off-campus. VAWA Sexual Misconduct need not be on the basis of sex.
Proposed Outcome:
The Clery Act requires Georgia College & State University to disclose specified crime report statistics on and near its campuses, to provide other safety and crime information to the campus community in an accurate, complete, and timely manner, and to maintain written policies and procedures implementing the Clery Act. To maintain a safe and secure environment for its faculty, staff, students, and visitors, and as a recipient of federal financial aid, the University complies with the provisions of the Clery Act.
Applicability of the Policy:
The Clery Act is a federal law that requires institutions of higher education participating in Title IV student aid programs to disclose information about certain crimes, emergencies, and various safety-related policies with the goal of enhancing campus safety. This policy sets forth guidelines intended to ensure the University’s ongoing compliance with the Clery Act’s obligations. This policy applies to all members of the Georgia College & State University Community.
Article I. Administrative Roles and Responsibilities
1. Clery Act Coordinator
a. Responsible for collecting, classifying, and counting crime reports for use in preparing and publishing annual crime statistics.
b. Oversees the Classification Review Work Group, which is responsible for determining the classification and counting of crime statistics.
c. Oversees the Clery Act Committee, which is a multidisciplinary team that provides strategic vision and planning for Clery Act compliance.
d. Responsible for notification to CSAs of their reporting obligations and training on the reporting process.
2. Clery Act Committee
The committee meets on a quarterly basis to discuss vision and planning for Clery Act compliance and policy development to enhance campus safety. Members of the committee are subject matter experts from multiple departments.
3. Crime Classification and Review Work Group
The work group meets not less than monthly to review all cases from the previous month(s) to classify and count crime reports for Clery reporting purposes.
4. Campus Security Authority (CSA)
a. CSAs are responsible for reporting allegations of Clery Act crimes that are reported to them in their capacity as a CSA.
b. CSAs record information about the crime(s) reported to them in a timely manner by completing a CSA Incident Reporting Form.
c. Residence Life reports, Student Conduct Reports, and Title IX reports are also considered Campus Security Authority reports for the purposes of this policy.
d. CSAs contact Public Safety immediately if the incident poses an imminent threat to the campus community.
Article II. Annual Security and Fire Safety Report
1. Georgia College & State University will curate an Annual Security and Fire Safety Report (ASFSR) by October 1 that contains institutional policy statements related to campus security including Clery crime statistics.
a. The University must provide a Notice to all enrolled students and current employees that includes a statement of the report’s availability, description of the contents, exact URL where the report is posted and how to obtain a printed copy of the report.
b. The University must provide a Notice to prospective students and prospective employees that includes a statement of the report’s availability, description of the contents, exact URL where the report is posted and how to obtain a printed copy of the report.
c. Policies referenced in the report must be current policies enacted by Georgia College & State University at the time of the report’s publishing and sources from various departments across campus.
Article III. Crime Reporting
1. All crimes should be reported to GCSU Department of Public Safety. A crime can also be reported when it is brought to the attention of a CSA or a local law enforcement agency.
2. The University, consistent with the requirements of 20 USC § 1092(f)(1)(C)(iii), encourages accurate and prompt reporting of all crimes to the GCSU Department of Public Safety and the appropriate police agencies, when the victim of a crime elects to, or is unable to, make such a report.
Article IV. Ongoing Disclosures
1. Timely Warnings - The Department of Public Safety will issue Timely Warnings, as soon as the pertinent information is available, for any Clery Act crimes that the University determines represent an ongoing threat to the safety of students, employees, or the University Community.
2. Emergency Notifications - The Department of Public Safety will issue an Emergency Notification without delay, considering the safety of the community, issue an Emergency Notification upon the confirmation of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students, employees, or University Community.
3. Daily Crime Log - The Department of Public Safety will create and maintain a public log of all crimes reported to them that occurred within Clery Geography. Crimes reported to Public Safety that occurred at any property owned, leased, or rented by the University or within 500 yards of that property or within granted patrol jurisdiction. The Daily Crime Log must include the nature, date, time, and general location of each crime; and the disposition, if known. All entries must be added to the Daily Crime Log within two business days of the report unless that disclosure is prohibited by law or would jeopardize the confidentiality of the victim. The log will be made available for public inspection via the University website and at the University Police department during normal business hours. (The Daily Crime Log entries are archived from the website on a monthly basis, with the most current 60 days publicly available, and retained electronically as required by records retention guidelines.)
Article V. Missing Students
1. Housing and Residence Life employees receiving a report of a missing student must immediately notify the Department of Public Safety at 478-445-4400.
2. Each residential student has the option to identify a Confidential Contact to be notified by Public Safety in the event a student is deemed to be missing. Students under the age of 18 who are not emancipated will be informed each academic year that the institution is required to notify the custodial parent not later than 24 hours after the time the student is deemed to be missing.
3. The Department of Public Safety will investigate the missing person report and determine if the student is missing. Circumstances may include:
a. A student is out of contact after reasonable efforts have been made to reach the student via phone, email, text, and visits to on-campus room.
b. Conditions that may indicate an act of criminality is involved.
c. Conditions that may indicate physical safety is in danger.
d. Conditions become known that indicate medicine dependence may threaten health.
e. The existence of physical/mental disability indicating the student’s physical safety could be in danger.
4. If the student is deemed missing, Public Safety will notify the student’s Confidential Contact no later than 24 hours after the student is determined to be missing. For students under the age of 18 who are not emancipated, Public Safety will notify the custodial parent no later than 24 hours after the time the student is deemed to be missing.
Article VI. Alcohol and Other Drugs
1. Alcohol – Georgia College & State University prohibits:
a. Consumption, possession, or transportation of alcoholic beverages by any person under legal age; and
b. Furnishing and/or distributing alcoholic beverages to any student under legal age.
2. Drugs – Georgia College & State University prohibits:
a. The possession, use (without valid medical or dental prescription), manufacturing, furnishing, or sale of any narcotic or dangerous drug controlled by federal or Georgia law;
b. Possession of drug paraphernalia; and
c. Being under the influence of a narcotic or other controlled substance except as permitted by law or valid medical prescription.
3. Prevention and Education
Programming is provided by multiple departments across campus. This is assessed during the biennial review process.
Article VII. Violence Against Women Act
1. Prohibition of Offenses - Georgia College & State University prohibits the crimes of Dating Violence, Domestic Violence, sexual assault (Rape, Fondling, Incest, Statutory Rape) and Stalking, as defined in this policy.
2. Sexual Misconduct disciplinary proceedings - Georgia College & State University shall each year in the Clery Act Annual Security Report (ASFSR) disclose, as required by 34 CFR § 668.46(k), a summary of each type (including student, faculty, and staff) of VAWA Sexual Misconduct disciplinary proceeding used by the institution. Such information will be reviewed annually to ensure that it is current and accurate prior to publication of the ASFSR.
3. Survivor’s Brochure - Georgia College & State University provides written notification to students and employees regarding the resources and services available and procedures related to sexual misconduct.
4. Disciplinary Processes
a. Disciplinary proceedings are conducted by the departments below consistent with this policy:
i. Title IX
ii. Student Conduct
iii. Human Resources
iv. Public Safety
b. All VAWA Sexual Misconduct proceedings will include “a prompt, fair, and impartial process from the initial investigation to the final result” as defined by 34 CFR § 668.46(k)(3)(i). This includes, but is not limited to, the following procedural safeguards for all parties:
i. Georgia College & State University will provide timely and equal access to the complainant, the respondent, and appropriate officials to any information that will be used during informal and formal disciplinary meetings and hearings.
ii. Georgia College & State University will provide simultaneous notification, in writing, to both the complainant and the respondent, of the result of any institutional disciplinary proceeding that arises from an allegation of dating violence, domestic violence, sexual assault, or stalking; the institution's procedures for the respondent and complainant to appeal the result of the institutional disciplinary proceeding; any change to the result; and when such results become final.
iii. If an appeal is filed by either party, Georgia College & State University will notify the other party in writing within 5 business days and afford them an opportunity to respond in writing within 5 business days.
5. Accommodations and Protective Measures
a. When the Title IX Coordinators have received information regarding an allegation of sexual misconduct, including, but not limited to, Dating Violence, Domestic Violence, sexual assault (Rape, Fondling, Incest, Statutory Rape) and Stalking, the victim will be provided with written information about support services. Support services are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without charge.
b. Support services include existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services.
c. Accommodations may include assistance with requesting changes to academic, living, transportation, and working situations or protective measures.
d. Georgia College & State University will make such accommodation or provide such protective measures if the victim requests them and if they are reasonably available. Such assistance will be provided regardless of whether the victim chooses to report the crime to Public Safety or local law enforcement.
e. Georgia College & State University will maintain as confidential any accommodation or protective measures provided to the victim, to the extent that maintaining such confidentiality would not impair the ability of the institution to provide the accommodations or protective measures.
f. Supportive measures must be offered regardless of whether an investigation is pending or ever occurs.
6. Educational Programming
Programming is provided to students, faculty, and staff by multiple departments across campuses.
Article VIII. Retaliation
No officer, employee, student, or agent of Georgia College & State University may retaliate, intimidate, threaten, coerce, or otherwise discriminate against any individual for exercising their rights or responsibilities under any provision of the Clery Act or this policy. Violation of this provision is subject to the disciplinary process of Human Resources or Student Conduct.
Article IX. Submitting Crime Statistics to the U.S. Department of Education (ED)
Georgia College & State University is required to submit the Clery crime statistics to ED. An annual survey is conducted by ED known as the Campus Safety and Security Survey. This web-based survey is used to collect the statistical data published in the ASFSR. Prior to the collection, ED sends a letter and a registration certificate to the President of the institution. This letter contains information necessary to access the survey and enter the data. The information is then entered, and the submission is locked on ED website. This is mandatory data collection.
Article X. Sex Offender Registry
Georgia College & State University will publish the link to the Georgia Sex Offender Registry as part of the Annual Security Report.
Article XI. Records Retention
1. As required by the federal Clery Act, Georgia College & State University retains for at least seven (7) years all records documenting reports of Clery crimes made to the GCSU Public Safety, other Campus Security Authorities, and local law enforcement. This will include the timely warning determination for each report, and if a timely warning was made a copy of that warning. Also retained are records of all crime prevention and educational programming offered, including but not limited to security procedures, alcohol and other drugs, and sexual violence, across the institution.
2. Georgia College & State University retains all entries made in the daily crime and fire log for at least seven (7) years. Copies of these archived entries will be made available for public inspection within two business days of a request.
3. For a period of seven (7) years, Georgia College & State University will maintain records of:
a. Each investigation conducted involving reported sexual misconduct, including any determination regarding responsibility and any audio or audio-visual recording or transcript, any disciplinary sanctions imposed on the Respondent, and any remedies provided to the Complainant designed to restore or preserve equal access to university programs or activities;
b. Any appeal and the result therefrom;
c. Any informal resolution and the result therefrom;
d. Any supportive measures or actions taken in response to a report or formal complaint under this policy and the rationale for the measure/response.
Related Policies
20 USC §1092(f)
34 CFR §668.41
34 CFR §668.46
34 CFR §668.49
34 CFR §668, Subpart D, Appendix A
USG Sexual Misconduct Policy
Procedures
Any related operating procedures must comply with and should reference this policy.
Contacts
Clery Compliance Officer: clery@gcsu.edu
Public Safety:publicsafety@gcsu.edu, 478-445-4400
Title IX: titleix@gcsu.edu, 478-445-8292
Human Resources: hr@gcsu.edu, 478-445-5596
Non-Compliance
Failure to comply with the requirements of this policy may result in disciplinary action up to and including termination or expulsion in accordance with relevant University policies and may result in prosecution in accordance with state and federal law. In addition, non-compliance with this policy could result in fines from Department of Education and comprise the federal financial aid program at Georgia College & State University.
Updated: August 2024
Last Reviewed Date: August 2024
Next Review Date: August 2025
Responsible Department: Office of Legal Affairs
Original Policy - Cabinet Approval Date: August 2023
Effective Date: September 2023
Keywords:
Campus Safety, campus security, crime statistics, fire statistics, emergency notification, timely warning, public safety, fire safety, annual security report, annual fire report