Wayne State University

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The Clery Act

Q:       What is The Clery Act?

A:       The Clery Act (also known as the Crime Awareness and Campus Security Act of 1990, or the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistic Act) is a federal law that requires all colleges and universities that participate in federal financial aid programs to keep and disclose information about crime on and near their respective campuses. Compliance is monitored by the United State Department of Education, which can impose civil penalties, up to $27,500 per violation, against institutions for each infraction and can suspend institutions from participating in federal student financial aid programs.

The Clery Act requires WSU to file an annual Safety & Fire Report and publish it to the campus community.  The University's report is linked and can be accessed here:  http://police.wayne.edu/docs/security-report-2015.pdf.

 

Q:       Who within Wayne State University keeps and discloses information about crime as required by the Clery Act?

A:       WSU’s Police Department is responsible for keeping and disclosing information about crime on and near the University’s respective campuses.  They maintain a public log of all crimes reported or made aware of.  The Clery Act requires that this log have the most recent 60 days’ worth of information.   Each entry in the log must contain the nature, date, time and general location of each crime and disposition of the complaint, if known.  Information in the log older than 60 days must be made available within two business days.

Q:       What types of crimes must be reported under the Clery Act?

A:       The Clery Act requires institutions to disclose three (3) general categories of crime statistics:

1)    Offenses:

  • Murder and non-negligent manslaughter;
  • Negligent manslaughter;
  • Domestic violence, dating violence and stalking incidents**
  • Forcible sex offenses;
  • Non-forcible sex offenses;
  • Robbery;
  • Aggravated assault;
  • Burglary;
  • Motor vehicle theft;
  • Arson;
  • Hate crimes (race, gender, religion, sexual orientation, ethnicity, disability, gender identity and national origin).**

2)    Arrests:

  • Weapons possession;
  • Drug law;
  • Liquor law.

3)    Referrals:

  • Weapons possession;
  • Drug law;
  • Liquor law.

**On March 7, 2013, President Obama signed the Violence Against Women Reauthorization Act of 2013 (VAWA).  Among other provisions, this law amended the Clery Act to require Universities to include in their Annual Clery Act Report all instances of domestic violence, dating violence and stalking; and instances of gender identity and national origin crimesm which fall under the category of Hate Crimes.

Q:       Does the University give timely warnings about crimes that have been committed and if so, under what circumstances?

A:       Yes. Timely warnings will be issued on a case-by-case basis for:

  1. Clery Act crimes and other serious incidents;
  2. occurring in the University's campus geography;
  3. which are reported to campus security authorities or local police agencies; and
  4. are considered by the University to pose a serious or ongoing threat to students and employees on campus or in the immediate campus community.  

Timely warnings will be issued through email blasts as soon as it is determined that there is a serious or ongoing threat to student or employees on campus and/or in the immediate campus community.  The determination will be made based on the information that the Wayne State Police Department has available to it at the time.  In deciding whether to issue a timely warning, the University considers all of the facts surrounding the incident, such as the nature of the crime, the continuing danger to the campus community and the possible risk of compromising law enforcement efforts.

This link will take you to WSU's Timely Warning Policy.

Q:       What should you do if you become the victim of a crime on campus or become aware of a crime having been committed on campus?

A:       If you witness, learn about or become aware of criminal activity that involves a danger of continuing harm or a threat of serious or imminent harm to individuals on campus, you must immediately call the WSU Police at 313-577-2222.

If you witness, learn about or become aware of criminal activity that fits any of the foregoing categories but it does not involve a danger of continuing harm or threat of serious or imminent harm to individuals on campus or, to your knowledge, it has not been reported to the Wayne State Police, you must document and report it to the police, even if the student does not want to report it.  The individual responsible for collecting Clery crime statistics for the University is Lt. David Scott of the Wayne State Police, who can be contacted at 313-577-6064 or ab3559@wayne.edu.

While the University makes every attempt to protect confidentiality, it still has a responsibility to report certain crimes to the Department of Education and to provide “timely warnings” to the University community. These are done without providing the names of victims.  There may be instances where you have to tell a student or employee you cannot honor their request for complete “confidentiality” because of your duty to report.

Q:    Does WSU's Campus have emergency phones?

A:    Yes.  If you don’t have access to a cell phone or landline, there are 330 illuminated “blue light” emergency phones located around campus, its perimeter and in its parking facilities. The phones are mounted on kiosks or attached to building walls. Once the receiver of the phone is picked up, the blue light begins flashing, enabling WSU Police Officers to see the light from two to three blocks away. The phones also allow Police communication personnel to pinpoint the caller’s location immediately. They are programmed to dial directly to WSUPD with the touch of a single button. The communication center is staffed 24 hours a day, seven days a week to receive both emergency and non-emergency requests for service. WSUPD is located at 6050 Cass.

Q:    Who is the Clery Compliance Officer for WSU?

A:     The Clery Compliance Officer for WSU is Chief Anthony Holt of the WSU Police Department. In order to ensure reporting stability, all reports of criminal activity, even non-emergency, should be made to the Wayne State Police Department.

For emergency situations, call 577-2222.  For non-emergency situations, call 577-6057.   Either number will connect you to a police dispatcher who will make sure the reported incident is properly channeled for both possible criminal prosecution and Clery reporting requirements.

Q:   What is a Campus Security Authority?

A:    A Campus Security Authority (CSA) is "any institutional employee with significant responsibility for stuent and campus activities or building relationships with students, including but not limited to student housing, student discipline and campus judicial proceedings".   Under the Clery Act, any individual who fits the definition of CSA has certain reporting responsibilities under the Act.  Where an individual has regular and frequent contact with students, s/he is in a position where a student is more likely to report to some incident that occurred to that student or to another student.  In that case, the individual is obligated to report that incident to the Wayne State Police, even if the student or employee does not want to report it.  This would be an instance where you have to tell a student or employee you cannot honor their request for complete “confidentiality” because of your duty to report.

A CSA is not responsible for determining authoritatively whether a crime took place - that is the function of the WSU Police.  A CSA should not try to apprehend the alleged perpetrator of the crime.  That, too, is the responsibility of the WDU Police.  A CSA is not responsibel to try and convince a victim to contact law enforcement if the victim chooses not to do so.

If you have any questions about whether or not your job description fits the category of a CSA or if a situation arises and you are not certain whether it needs to be reported, you can call the Office of the General Counsel and seek assistance from Linda Galante at 313-577-2268 or df0864@wayne.edu.

For resources on staying safe go to:
www.police.wayne.edu/campus_watch.php.

Updated November 11, 2015