Policies of Colorado State University

University Policy

Policy Title: Campus Safety (Clery Act)	Category: Public Safety/Risk Management
Owner: Vice President for University Operations	Policy ID#: 6-6023-003
Contact: University Police Web: http://police.colostate.edu/ Phone: (970) 491-6425 Also Contact: Clery Compliance Program Web: https://clery.colostate.edu/ Email: vpuo_clery_compliance@Mail.colostate.edu Phone: 970-491-6379	Original Effective Date: 7/28/2011 Last Revision: 5/6/2022 Supersedes Policy ID#: 6-6023-008; 6-8004-002

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.

APPLICATION OF THIS POLICY

This policy applies to all members of the University community who are subject to the jurisdiction and authority of the University. This includes, without limitation, faculty, administrative professionals, state classified staff, and all other employees (collectively, “employees”), students, affiliates, volunteers, and visitors. Agents, contractors and subcontractors are subject to this policy while on University property. All University business units, wherever located, are covered by this policy

DEFINITIONS USED IN THIS POLICY

When used in this policy, the following words and phrases are defined as follows:

ASFSR Annual Security and Fire Safety Report (ASFSR): An annual report by the University, the ASFSR 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 ASFSR also contains information about the University’s drug and alcohol policies. See Appendix A to this policy for further details. The ASFSR is available online and can be printed out, or a printed copy may be obtained by request from the Clery Compliance Program Director.

Campus Property: Any building or property owned or controlled by CSU within the same reasonably contiguous geographic area and used in direct support of, or in a manner related to, CSU’s educational purposes. See the map of geographical boundaries on the Clery website and as a layer on maps.colostate.edu.

Campus Security Authorities (CSAs): Individuals at the University who fall under one of the following categories:

Members of the CSU Police Department (CSUPD).
Individuals who have campus security responsibility but are not CSUPD officers (e.g., contracted or volunteer security personnel for the University)
Individuals who receive and should expect to receive criminal offense reports from students or campus employees as specified in this policy and the ASFSR.
University officials who have 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 may include (but are not limited to):

CSU police and security personnel
Athletic directors and coaches
Faculty, staff or graduate student advisors to student organizations
Residence hall directors or assistants
Building proctors
Title IX Coordinators (including deputies)
Faculty and staff who travel with students and are involved in student activities during travel

CSAs are identified by their function or role with the university by the Clery Compliance Program Director and the Clery Compliance Committee and assessed on a periodic basis.

Clery Act: The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1998, is 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 (rape, fondling, incest, and statutory rape); robbery; aggravated assault; burglary; motor vehicle theft; arson; hate crimes (includes any of the above-mentioned crimes and any incidents of larceny-theft, simple assault, intimidation, or destruction, damage or vandalism of property that were motivated by bias); 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 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 can be viewed 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, 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 can be viewed 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.

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, gender identity, religion, sexual orientation, ethnicity, national origin, or disability.

Non-Campus Property: Any building or property owned or controlled by a student organization that is officially recognized by the institution. Also, 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, and is frequently used by students, but 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. Pastoral counselors, when acting within this 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 within this capacity, are not Campus Security Authorities.

Public Property: All public property, including thoroughfares, streets, sidewalks, and parking facilities, that are within the campus, or immediately adjacent to and accessible from the campus.

Resident Student: A CSU student who resides in University Housing.

Timely Warning: An announcement made to alert the campus community about Clery crimes that occur on Clery geography the University considers an ongoing or serious 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.

University Housing: A residence hall, apartment, or other residential facility that is owned or controlled by CSU and maintained as a residential facility for students and their family members, that is located on campus or within the contiguous main campus area.

POLICY STATEMENT

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 of the Clery Act, the University will:

Designate a Clery Compliance Program Director who will chair 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 or serious 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. If an emergency notification is issued the University will provide adequate follow-up information to the community as needed.
Maintain a daily crime log of all crimes reported to CSUPD. This log will be available for public inspection, upon request.
Maintain a daily fire log of all fire-related incidents reported that occurred within on-campus housing. 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.
Annually submit to the Department of Education statistics of Clery crimes reported.
Annually no later than October 1, publish and provide the campus community and the public with online access to the ASFSR, and make paper copies available upon request. The ASFSR 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 CSUPD, Safety and Risk Services, 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 Actct.

POLICY PROVISIONS

How Clery Crime Statistics Disclosures are Prepared

Each year, the Clery Compliance Committee 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 ASFSR. The statistics are compiled from reports made to CSAs including but not limited to: The Office of Title IX Programs and Gender Equity, the Office of Equal Opportunity, Support and Safety Assessment, Housing and Dining Services, the Women and Gender Advocacy Center, Human Resources, Victim’s Assistance Team, Student Resolution Center, Athletics, CSU Police Department, Fort Collins Police Services, and the Larimer County Sheriff’s Office, other law enforcement agencies where CSU owns or controls property, as well as the arrests made by CSU Police for Clery crimes.

Campus Security Authorities (CSAs)

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 training and periodic additional trainings offered by the University to various groups that include CSAs.

The University will, on a periodic 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:

Participate in an annual CSA training.
Report for inclusion of annual statistics and review for ongoing or serious threat information of alleged crimes that occurred on Clery geography 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 the individuals involved in the crime, or reporting the crime, are associated with the University.
Record and report information about crimes reported to them. To record and report information about a crime reported, the CSA must complete a Crime Statistic Report Form. (For further information, visit the Clery website.

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, the University Policy Office, 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 and ALL crimes.

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 an immediate threat to campus safety, DIAL 911 from any phone and identify your location to the dispatcher.

To report a crime that is no longer in progress and is not an immediate threat use the forms on this CSUPD website or 970-491-6425. Crimes may be reported anonymously.

To report a fire, DIAL 911 from any phone and identify your location 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 ASFSR 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 ASFSR 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 ASFSR. 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 accommodations or protective measures provided to a victim unless such confidentiality impairs the effectiveness of the measure.

Notifications to the Campus Community of Crimes and Emergencies

Timely Warnings

When a Clery crime which occurred on Clery geography is reported to CSUPD or the Title IX office, the report is assessed for whether a serious or continuing threat is present. CSU is responsible for issuing a timely warning if a Clery Act crime has been reported on Clery geography and CSU determines there is a serious or continuing threat to the university community. 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 text alert system, by posting to the CSU Safety website, on one or more of the University’s social media sites, or by posting notices in the University Housing. Anyone with information that may warrant a timely warning should report the circumstances to the CSU Police Department, even if you are unsure whether a timely warning should be issued.

Once the initial report of a Clery crime has been received, members of the University’s Public Safety Team will be contacted to share known information about the crime and any ongoing threat to safety that may exist in connection with the crime. The Chief of Police (or person acting for the Chief), or members of the Public Safety Team will determine when a timely warning should be issued and content of the 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. To sign up or check your mobile number, go to CSU’s Safety website 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 the Chief of Police and the Public Information Officer or acting Public Information Officer, 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.

Emergency Notifications

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 Chief of Police (or person acting for the Chief), or members of the Public Safety Team will determine when an emergency notification should be issued and content of the notification. 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.

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. Emergency notification systems may be tested periodically.

In all emergency notifications, the University will follow procedures to assure that the names of crime victims are not publicly disclosed in an emergency notification. This includes a review of the content of the notification by the CSU Chief of Police 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 Safety website.

Security of and Access to Campus Facilities

Physical security is a critical part of the safety we enjoy at CSU. The Public Safety Team, University Housing 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 and Housing and Dining Services review all repair orders submitted each business day. Those with safety implications are prioritized for immediate review and repair as quickly as possible. University housing, including residence halls and apartments, are secured by exterior card access after daylight hours, and a desk attendant is always on duty.

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, , will be described in the ASFSR. 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 ASFSR.

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 university housing is missing, they should immediately (within 24 hours) notify the CSU Police Department, 970-491-6425. Alternatively, a person may report that a student is missing to a residence assistant/community coordinator or director or to the University Housing main office, at the contact number above. All missing student reports will be referred immediately to the CSUPD. (If university 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 professors to ascertain the student’s recent attendance in class
Attempting to locate the student’s vehicle
Searching campus locations to find the student and using 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 media sites
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 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 university 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 or people 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 university 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 university 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 ASFSR 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 within our job applications and on our Admissions website(s).

Records Retention

The supporting records used in compiling the ASFSR 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 ASFSR. 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 Office. 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.

Appendix A to this Policy

COMPLIANCE WITH THIS POLICY

Compliance with this policy is required. If you believe you may or may not be a CSA and want to confirm whether you should complete the training, please contact the Clery Compliance Program Director. For assistance with interpretation or application of this policy, contact the Clery Compliance Program Director at vpuo_clery_compliance@mail.colostate.edu

REFERENCES

Appendix A to this Policy

CSU Annual Security and Fire Safety Report

Clery Act website

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) full text

CSUPD home page

The (currently rescinded) Handbook for Campus Safety and Security Reporting, Department of Education:

The Clery Act Appendix to the Federal Student Aid Handbook

Notice to Campus Security Authorities

CSU Policy: Residence Hall Drug and Alcohol Policy

CSU Policy: Alcohol and Drugs

Daily Crime and Fire Log