PURPOSE OF THIS POLICY
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 U.S.C.A. §1092(f) and implementing regulations, 34 C.F.R. §668.41 and 668.46) ("Clery Act") requires colleges and universities receiving federal financial assistance to gather and make public information about certain crimes occurring on or near their campuses and to publish policy statements concerning campus safety and security. This policy outlines the institutional responsibilities and procedures for complying with the Clery Act.
Colorado State University will comply with all requirements of the Clery Act. This policy sets forth procedures intended to ensure Colorado State University’s ongoing compliance with the Clery Act’s crime and fire reporting and disclosure obligations.
DEFINITIONS USED IN THIS POLICY
When used in this policy, the following words and phrases are defined as follows:
Annual Fire and Safety Report and University Drug/Alcohol Policy (AFSR): An annual report by the University, the AFSR informs the University community about important procedures, policies, and crime prevention programs, including crime statistics for the previous three years for reported Clery crimes that occurred on campus property, non-campus property, or public property of the University (see definitions below). This includes (but is not limited to): statistics for Clery crimes by type, location and year; statistics of fire in on-campus student housing; arrests and referrals for disciplinary action for any of the following: (a) liquor law violations, (b) drug law violations, and (c) carrying and possessing illegal weapons; campus safety and security-related policy statements that address crime reporting and prevention; law enforcement databases of registered sex offenders; drug, alcohol and sex offenses; procedures for issuing timely warnings to campus of potentially dangerous criminal and emergency situations, and campus evacuation procedures. The AFSR also contains information about the University’s drug and alcohol policies. See Appendix A to this policy for further details.
The AFSR is available online at http://publicsafety.colostate.edu/cleryact/index.aspx, and in a printed booklet that is available to anyone requesting a copy from the CSU Police Department.
Campus Property: Any and all of the University’s campuses (Main Campus, South Campus, Remington Campus, Foothills Campus, and Mountain Campus).
Campus Housing: A residence hall, CSU apartment, other residential facility that is owned or controlled by CSU and maintained as a residential facility for students, that is located on campus or within the contiguous campus area.
Campus Security Authorities (CSAs): Individuals at the University who fall under one of the following categories:
- CSU Police Department (CSUPD) officers
- Any individual who has responsibility for campus security but is not a CSUPD officer (e.g., contracted or volunteer security personnel for the University)
- Any individual or organization specified in this policy or the AFSR as an individual or organization to which students and employees should report criminal offenses
- An official of the University who has significant responsibility for student and campus activities, including, but not limited to, student housing, student discipline and campus judicial proceedings. An official is defined as any person who has the authority and the duty to take action or respond to particular issues on behalf of the institution.
CSAs include (but are not limited to):
- CSU Police and security personnel
- Athletic Directors and Athletic Coaches
- Faculty advisors to student organizations
- Residence Hall Assistants/Directors
- Title IX Coordinators
- Faculty and staff who travel with students and are involved in student activities during travel
Clery Act: The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1998, a federal law that requires colleges and universities to disclose information about crime on and around their campuses and to provide other safety and crime information to members of the campus community. Amended in 2013 with the passage of the Violence Against Women Reauthorization Act (VAWA 2013), including provisions of the Campus Sexual Violence Elimination Act (Campus SaVE Act), the Clery Act now requires reporting of crime statistics for dating violence, domestic violence, and stalking. The Clery Act is codified at 20 U.S. Code § 1092(f) and its implementing regulations are found in 34 C.F.R. §§ 668.41(e) and 668.46.
Clery Crimes: Crimes required by the Clery Act to be reported to the University community, including: criminal homicide (murder and negligent/non-negligent manslaughter); sex offenses; robbery; aggravated assault; burglary; motor vehicle theft; arson; hate crimes; dating violence; domestic violence; and stalking.
Daily Crime Log: A log maintained by the CSU Police Department of all alleged criminal incidents that are reported to the CSU Police. Incidents are recorded in the Daily Crime Log with the date and time the alleged crime is reported, the date and time the alleged crime occurred, the nature of the alleged crime and its general location. The Daily Crime Log may be inspected at the CSU Police Department, located in Green Hall on the CSU Fort Collins campus.
Daily Fire Log: A log maintained by the CSU Police Department of all reported fires occurring in campus housing, with the following information: date the incident was reported; time and date of the incident; nature of the fire, and general location. The Daily Fire Log may be inspected at the CSU Police Department, located in Green Hall on the CSU Fort Collins campus.
Emergency Notification: an announcement to inform the campus community about a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees occurring on the campus. An Emergency Notification is different from a Timely Warning (see below), as it includes both Clery crimes and other types of emergencies (e.g., fire, infectious disease outbreak, terrorist attack, natural disaster, weather emergency).
Hate Crimes: Clery Crimes and any incidents of larceny-theft, simple assault, intimidation, or destruction, damage, or vandalism of property that are motivated by bias toward race, gender, religion, sexual orientation, ethnicity/national origin, and disability.
Non-Campus Property: Any building or property owned or controlled by a student organization that is officially recognized by the institution, and any building or property owned or controlled by the University that is used in direct support of, or in relation to, the institution’s educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the institution. Non-campus property may be located anywhere in the world.
Pastoral Counselor: An individual recognized by a religious order or denomination who provides confidential counseling and is functioning within the scope of that recognition as a Pastoral Counselor. Pastoral Counselors, when acting within that capacity, are not Campus Security Authorities.
Professional Counselor: An individual whose responsibilities include providing mental health counseling to members of the University community and who are functioning within the scope of their professional license or certification. Professional Counselors, when acting in that capacity, are not Campus Security Authorities.
Public Property: Property that is immediately adjacent to the campus (such as an adjacent sidewalk).
Resident Student: A CSU student who resides in Campus Housing.
Timely Warning: an announcement made to alert the campus community about Clery Crimes in the event that there is an ongoing threat to the safety of students or employees. For purposes of this policy, “timely” means as soon as reasonably practicable after an incident has been reported to Campus Security Authorities.
The University recognizes the importance of safety awareness to our campus and the larger community and is committed to complying with the Clery Act and making its campuses safe and secure. In accordance with the requirements the Clery Act, the University will:
- Appoint a Clery Compliance Committee to manage and oversee compliance with the Clery Act;
- Issue a Timely Warning to alert students and employees of the occurrence of a Clery crime that poses an ongoing threat to the safety of students or employees. Timely Warnings will be disseminated throughout the community as soon as pertinent information is available and will provide information that will allow the community to take precautions to protect themselves and help prevent similar crimes from occurring.
- Issue an Emergency Notification to alert and inform the campus community upon confirmation of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees occurring on the campus.
- Maintain a Daily Crime Log of all crimes reported. This log will be available for public inspection, upon request.
- Maintain a Daily Fire Log of all fire-related incidents reported. This log will be available for public inspection, upon request.
- Compile and disclose statistics of reports on the types of Clery Crimes reported for the University's Campus Property, Non-Campus Property, and Public Property (including data received from other law enforcement agencies).
- Collect reports of Clery Crimes made to CSU Police, local law enforcement, and Campus Security Authorities (CSAs).
- Annually submit to the Department of Education statistics of Clery Crimes reported over the past three years, as required by the Clery Act.
- Annually no later than October 1, publish and provide the campus community and the public with online access to the AFSR, and make paper copies available upon request. The AFSR shall include (but is not limited to) each of the items listed in Appendix A to this policy.
- Identify CSAs on a regular, ongoing basis, and notify these individuals of their obligations under the Clery Act to report any and all Clery Crimes that they witness, or that are reported to them.
- Provide regular, mandatory training for all CSAs.
- Through the CSUPD and other appropriate departments, establish and conduct programs at all University campus locations to educate the campus and surrounding community about the Clery Act and Clery Act obligations, and to promote general awareness of all crime and safety-related issues at all University locations.
- In the event that a student is reported as missing for 24 hours, initiate specific notification procedures within 24 hours after receiving the report. See the Missing Students Notification section of this policy for additional information.
- Provide a prompt, fair, and impartial process from initial investigation to the final result of any disciplinary proceedings arising from a reported offense of sexual assault, dating violence, domestic violence, or stalking, with all the procedural protections required by the Clery Act.
How Clery Crime Statistics Disclosures are Prepared
Each year, the CSU Police Department gathers Clery Crime statistics for purposes of compiling the disclosures required by law. These statistics are then reported as required to the U.S. Department of Education, and published in the AFSR. The statistics are compiled from reports made to CSAs including CSU Health Network, Human Resources, Victim’s Assistance Team, Student Resolution Center, Athletics, CSU Police Department, Fort Collins Police Services, and the Larimer County Sheriff’s Department, as well as the arrests made by CSU Police for Clery Crimes.
Also included in the AFSR is the Student Resolution Center's Summary Report, which is a compilation of the total number of disciplinary referrals to SRC that may have resulted in arrests, as well as referrals to SRC in the categories of (a) weapons possession, (b) violations of drug laws, and (c) violations of alcohol/liquor laws.
Campus Security Authorities (CSAs)
The Clery Act makes a number of University employees "Campus Security Authorities" (CSAs) with specific responsibilities for reporting Clery Crimes. Because the definition of a CSA is quite broad, some employees who may be considered CSAs may not realize this fact. If you are involved in any aspect of campus security and safety, student affairs, or direct interaction with students as part of your assigned duties, please review the Notice to Campus Security Authorities document listed under References below. If you have any questions about CSAs please contact the Office of Policy & Compliance.
The University identifies Campus Security Authorities by examining the job descriptions of employees to determine whether they are expected, as part of their duties, to have security responsibilities or significant responsibilities for student or campus activities. All identified CSAs are notified annually of their responsibilities by email, and are trained to understand and carry out their responsibilities by a combination of online video training that all CSAs must take, plus periodic additional trainings offered by the University to various groups that include CSAs.
The University will, on an ongoing basis, use its best efforts to identify all of its CSAs, notify them of their status as CSAs, train them on their responsibilities as CSAs, and receive and track all incident reports received from them. CSAs will undergo training on an ongoing basis as appropriate to enable them to remain current in their knowledge of their roles and responsibilities.
Campus Security Authorities are required to:
- Report to the CSUPD information of alleged crimes that are reported to them in good faith by others, as well as information of alleged crimes that they personally witness. Under the Clery Act, a crime is “reported” when it is brought to the attention of a CSA or local law enforcement personnel by a victim, witness, other third party, or even the offender. It doesn't matter whether or not the individuals involved in the crime, or reporting the crime, are associated with the University.
- Record information about crimes reported to them. To record information about a crime reported, the CSA must complete a Crime Statistic Report Form. (For further information, visit the CSU Public Safety website, http://safety.colostate.edu/cleryact/index.aspx).
- Submit, either electronically or in print, all completed Campus Security Authority Incident Report Forms to the CSUPD.
Clery Act Training
In addition to the training required for CSAs, the University will offer training to other critical personnel such as the members of the Public Safety Team, employees in departments of Human Resources, Policy and Compliance, Support and Safety Assessment, and the Office of General Counsel to enable these individuals to remain current in their knowledge of the Clery Act and how it is applied at CSU.
Reporting a Crime or Other Emergency
Colorado State University has designated the CSU Police Department as the office where you should immediately report ANY crime.
Colorado State University encourages the prompt reporting of crimes and other emergencies to CSUPD. This prompt reporting allows for investigation, crime reduction, community awareness, and accurate statistical data, all of which enhance safety.
To report a crime in progress or immediate threat to campus safety: DIAL 911 from any phone and identify your location at Colorado State University to the dispatcher.
To report a crime that is no longer in progress and is not an immediate threat: http://police.colostate.edu/pages/police-services.aspx#report or 970-491-6425. Crimes may be reported anonymously.
To report a fire, DIAL 911 from any phone and identify your location at Colorado State University and the location of the fire.
To report any other emergency in progress, DIAL 911. Non-emergencies may be reported to the CSU Police Department by dialing 970-491-6425.
The AFSR will contain a description of procedures for students and others to report criminal acts or other emergencies occurring on campus, including a list of the titles of each person or organization to whom students and employees should report information concerning a crime or emergency.
The AFSR also will contain information for students and employees on what to do in the case of an incident of sexual assault, domestic violence, dating violence, or stalking, how to report such incidents of interpersonal violence, and the confidential and non-confidential resources provided by the University to respond to these incidents and assist those involved.
Reporting Crimes on a Voluntary, Confidential Basis
Victims or witnesses to a crime may report crimes on a voluntary, confidential basis for inclusion in the annual disclosure of Clery crime statistics. Procedures for doing so will be included in the AFSR. Among the confidential resources to whom such reports may be made are designated victim advocates, Pastoral Counselors, and Professional Counselors.
Pastoral Counselors and Professional Counselors who are appropriately credentialed and hired by the University to serve in a counseling role are not considered CSAs when they are acting in their primary role as counselors. However, the University encourages Pastoral and Professional Counselors to notify those whom they are counseling of the many available reporting options, including all voluntary, confidential reporting processes at CSU, such as those pertaining to victim advocates.
The University will not publish the names or other identifying information (addresses, ID numbers, etc.) of victims of sexual or gender violence crimes in any public record (unless required to do so by law), including in daily crime and Daily Fire Logs, Timely Warnings, and Emergency Notifications). We will also not publish any accommodation or protective measure provided to a victim unless such confidentiality impairs the effectiveness of the measure.
Notifications to the Campus Community of Crimes and Emergencies
Whenever a Clery Crime has been reported and it is determined that an ongoing threat to the safety of students or employees exists, the University will issue a Timely Warning. Timely Warnings may be issued by any reasonable means of communication to the campus community, but, most commonly, will be made through the CSU email system, the emergency alert system, by posting to the CSU Public Safety website, on one or more of the University’s social media sites, and/or by posting notices in the Residence Halls. Anyone with information that may warrant a Timely Warning should report the circumstances to the CSU Police Department or local law enforcement personnel, even if you are unsure whether or not a Timely Warning should be issued.
The University will follow certain procedures in determining whether or not a Timely Warning will be issued. Once the initial report of a Clery crime has been received, the CSUPD will contact members of the University’s Public Safety Team to share known information about the crime and any ongoing threat to safety that may exist in connection with the crime. If two or more members of the Public Safety Team agree that a Timely Warning should be issued, then it will be issued immediately. In the event that CSUPD personnel are unable to contact two or more members of the Public Safety Team in a timely fashion, the Chief of the CSU Police Department, or an officer acting with the Chief’s authorization, may issue the Timely Warning.
Students and employees are strongly encouraged to sign up for the University’s emergency text alert system, and to periodically check to make sure that their mobile number in the system is correct. In order to sign up or check your mobile number, go online to: http://safety.colostate.edu and click the link for text message alerts. It only takes a few moments to sign up for emergency alerts, and doing so may help save your life or the life of another.
In all Timely Warnings, the University will follow procedures to assure that the names of crime victims are not publicly disclosed, including a review by members of the Public Safety Team of the content of the Timely Warning before it is issued to be sure that such names or other information from which a crime victim could reasonably be identified are omitted or redacted from the Timely Warning.
An Emergency Notification issued by the University may satisfy the Timely Warning requirement provided that the Emergency Notification provides adequate follow-up information.
Whenever it is confirmed by the University that a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees is occurring on or nearby the campus (or other place where the Clery Act applies to CSU), the University will issue an Emergency Notification. The Emergency Notification is issued immediately upon confirmation that a dangerous situation or emergency exists or is threatened.
The decision to issue an Emergency Notification may be made by the Chief of CSU Police, an officer expressly authorized by the Chief of CSU Police, or by the Public Safety Team. Because of the urgent nature of these notices, the University’s primary objective will be to confirm whether or not such emergency conditions exist as quickly as possible, determine the content of the notification, and issue the notification without delay.
Some examples of the kinds of situations in which an Emergency Notification would be issued include (but are not limited to):
- Outbreak of infectious disease such as meningitis, norovirus or other serious illness
- Approaching tornado, hurricane or other extreme weather conditions
- Gas leak or chemical spill
- Terrorist incident
- Armed intruder/Active shooter
- Bomb threat
- Civil unrest, rioting or campus protest
- Explosion or large fire
The methods of issuing an Emergency Notification are the same as those listed for Timely Warnings, above. An emergency alert cable television system may also be used, and emergency messages can be displayed on digital signs. These Emergency Notification systems will be tested periodically (usually three times per year after student census), using test messages.
In all Emergency Notifications, the University will follow procedures to assure that the names of crime victims are not publicly disclosed, including a review by members of the Public Safety Team or the Chief of CSU Police of the content of the Emergency Notification before it is issued to be sure that such names or other information from which a crime victim could reasonably be identified are omitted or redacted from the Emergency Notification.
In some cases of emergency conditions or dangerous situations, other emergency actions must be taken. These can include emergency evacuation procedures as described below.
Safety Alerts; General Safety Information
On occasion, important information about safety and security of the campus community may be communicated by the University, but the circumstances will not warrant the issuance of either a Timely Warning or an Emergency Notification. When these circumstances arise, CSU may issue safety alerts. These alerts are not required by law but will serve to inform members of the campus community of safety threats in the campus area or for crimes that are not defined by the Clery Act but Colorado State University recognizes as a threat.
General safety information may also be found on the CSU Public Safety website, http://safety.colostate.edu/cleryact/index.aspx.
Security of and Access to Campus Facilities
Physical security is a critical part of the safety we enjoy at CSU. The Campus Public Safety Team, Residence Life and Facilities Management are key partners in the maintenance of the security effort. They meet regularly to ensure prompt repair of safety-related maintenance issues like door locks, lighting, surveillance systems, etc. Facilities Management reviews all repair orders submitted each business day. Those with safety implications are prioritized for immediate review and repair as quickly as possible. CSU residence halls are secured by exterior card access after daylight hours, and a desk attendant is on duty at all times.
Emergency Response and Evacuation
The University has procedures for emergency response and for evacuating the campus, or portions of the campus, when required. These procedures, contained in the University’s Emergency Response Plan, http://publicsafety.colostate.edu/emergency-response-plan.aspx, will be described in the AFSR. In accordance with Clery Act requirements, the university must publish information about the exercises it uses to test its emergency response plans. That information will also be described in the AFSR.
The University has procedures for testing the emergency response, evacuation, and notification procedures described in this policy. These procedures require that testing occur at least annually, may be announced or unannounced, will be publicized in connection with the annual testing, and will be documented.
Missing Student Notification Procedures
If anyone has reason to believe that any CSU student who resides in Campus Housing is missing, he or she should immediately notify the CSU Police Department, 970-491-6425. Alternatively, a person may report that a student is missing to a residence hall advisor or director or to the Residence Life main office, telephone 970-491-4719. All missing student reports will be referred immediately to the CSUPD. (If the Campus Housing where the missing student lives is located outside of the Fort Collins campus, a referral will be made to the local law enforcement agency having jurisdiction).
When a student is reported missing, CSU will initiate an investigation to determine the validity of the report and determine if the student is missing. Such investigation may include (but is not limited to) any or all of the following steps:
- Contacting the student via e-mail or phone
- Conducting a welfare check into the student's room
- Contacting the student’s designated confidential contact person(s) or designated emergency contact person(s)
- Contacting others who may know the student (parents, guardians, roommates, and friends)
- Contacting employers and associates, if known
- Contacting the student’s professor to ascertain the student’s recent attendance in class
- Attempting to locate the student’s vehicle
- Searching campus locations to find the student and utilizing the student’s ID picture for assistance in obtaining pertinent information
- Contacting roommates, floor mates, known friends, family, faculty members or advisors to seek information on last sighting or additional contact information
- Checking the student’s social networking sites (e.g. Facebook, Twitter, etc.)
- Any other investigative measures as determined by CSU and law enforcement officials
CSUPD may consult with the Division of Student Affairs for assistance in determining whether a student is missing, who is the appropriate party to initiate contact with the student’s emergency and/or designated confidential contact person, and any other actions that may be appropriate regarding the missing student.
Notification of Procedures to be provided to Resident Students
CSU shall notify all students who reside in Campus Housing that they may designate a confidential contact person to be notified no later than 24 hours after the student is determined to be missing. The confidential contact information provided by the student will be accessible only to authorized campus personnel, including law enforcement officials in connection with a missing person investigation. If the student does not register a confidential contact person, then the student’s designated emergency contact person(s) shall be contacted. Designation of a confidential contact person is done by completing the confidential contact form that students are provided when they first move into the residence halls.
CSU shall advise all unemancipated students under the age of 18 who reside in Campus Housing that, in the event that they are determined to be missing, the student’s custodial parent or guardian must be notified within 24 hours, in addition to notification of the confidential contact person designated by the student.
CSU shall notify of any age residing in Campus Housing that if they are determined to be missing for more than 24 hours, the institution will initiate the following Official Notification Procedures.
Official Notification Procedures when a Student is Determined to be Missing
- The University will notify the confidential contact person identified by the missing student within 24 hours after such determination that the student is missing;
- If the missing student is an unemancipated minor under the age of 18, the student’s custodial parent or guardian as identified in CSU records shall also be notified within 24 hours from the time the student is determined missing;
- If law enforcement authorities have not already been notified, CSU officials shall notify the CSU Police Department.
Distribution of the Annual Fire and Safety Report
The University will distribute the AFSR to every student and employee by sending an email by October 1 of each year. This email will contain a summary of the report, the exact URL of the location where CSU community members may view the report, and instructions for how to request a paper copy. We also provide a similar statement to every prospective employee and every prospective student by providing notices on our Human Resources and Admissions websites.
The supporting records used in compiling the AFSR shall be retained for three years from the latest publication of the report to which they apply. Records to be kept include, but are not limited to, copies of crime reports; the daily crime and Daily Fire Logs; records for arrests and referrals for disciplinary action; Timely Warning and Emergency Notification reports; documentation, such as letters to and from local police having to do with Clery Act compliance; letters to and from Campus Security Authorities; correspondence with the Department of Education regarding Clery Act compliance; and copies of notices to students and employees about the availability of the AFSR. All documentation should be dated.
CSU Police Jurisdiction; Agreements with Other Law Enforcement Agencies
All CSU police officers are state certified through the Colorado Police Officers Standards and Training board and are commissioned by the CSU Board of Governors. Additionally, all CSU police officers are commissioned through Fort Collins Police Services and the Larimer County Sheriff’s Department. CSUPD has authority to enforce all the laws of the state of Colorado. While the primary focus is on safety and security of the CSU campuses, CSU officers also have mutual aid relationships which extends their authority beyond the campus boundaries. Mutual aid agreements are in place with both Fort Collins and Larimer County which address contingencies for emergencies including natural disasters, civil disturbances, and major incidents. A list of these agreements may be obtained by contacting the CSU Police Department.
Each year, CSU publishes its Annual Fire and Safety Report and University Drug/Alcohol Policy handbook. This is where crime statistics, policies, and links to resources may be found.
Current CSU Annual Fire and Safety Report, https://webcom.colostate.edu/police/files/2017/03/2016-Safety-Report-amended.pdf
Campus Safety and the Clery Act, CSU website http://safety.colostate.edu/cleryact/index.aspx
Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 U.S.C.A. §1092(f) and implementing regulations, 34 C.F.R. §668.41 and 668.46) http://www.law.cornell.edu/uscode/text/20/1092
CSUPD home page: http://police.colostate.edu
The Handbook for Campus Safety and Security Reporting, Department of Education, https://www2.ed.gov/admins/lead/safety/handbook.pdf
Notice to Campus Security Authorities, http://policylibrary.colostate.edu/attachments/557.Campus Safety Authorities 2015 Letter.pdf
CSU Residence Hall Drug and Alcohol Policy, http://reshallpolicies.colostate.edu/alcohol-drugs
CSUPD home page: http://police.colostate.edu
FORMS AND TOOLS
Crime Statistic Report Form: http://policylibrary.colostate.edu/attachments/557.2014 Clery Crime Reporting Form.doc
Campus Security Authority Training Video from the Clery Center for Security on Campus
Approved by Anthony Frank, July 28, 2011
Ver.2.0 approved by Lynn Johnson, Vice President for University Operations, November 4, 2015