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Clery Act

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act ("Clery Act"), is named in memory of 19-year-old Jeanne Ann Clery, a Lehigh University first year who was raped and murdered in her residence hall room on April 5, 1986 by a fellow student whom she did not know. Institutions that participate in federal student financial aid programs must comply with the Clery Act. The Clery Act requirements include:

  1. Institutions must collect and publish certain crime statistics in an Annual Fire Safety and Security Report no later than October 1.
  2. Institutions must publish a daily crime log, a fire log, issue timely warnings and notices to the campus community.
  3. Institutions must comply with the Violence Against Women Act (VAWA).

In order to comply with these requires, Shaw University produces and disseminates the Annual Fire Safety and Security Report each year, on or before October 1. To comply with the crime statistics requirement, the institution collects information from the campus police, the local law enforcement agency, and from certain individuals and organizations that the Clery Act defines as "campus security authorities" ("CSAs"). The goal in collecting crime reports from CSAs rather than just from the police is to capture as many crime reports as possible. Professional mental health and religious counselors are exempt from reporting requirements. If you have any questions please contact the Clery Act Compliance Coordinator at 919-546-8230


Frequently Asked Questions

Question Answer
1. What is the Clery Act?

The Clery Act is a consumer protection law that aims to provide transparency around campus crime policy and statistics. In order to comply with Clery Act requirements, colleges and universities must understand what the law entails, where their responsibilities lie, and what they can do to actively foster campus safety.

2. What is a Campus Security Authority (CSA)?

A CSA is an individual with significant responsibility for campus and student activities, such as campus police/security, resident assistants, hall directors, Student Conduct, etc.

3. Can students be CSA's?

Yes, students who hold positions such as a resident assistant, desk attendant, sit on judicial boards, etc. are considered CSA’s and must be trained.

  4. Can faculty be CSA's?

Yes, generally faculty members are not CSA’s, however, in the event that a faculty member accompanies students on trips or advise a student group, that faculty member is a CSA for the duration of that position.

5. How often do CSA's have to be trained?

CSA training is completed annually.

6. I am unsure if I am a CSA, how do I find out?

If you’re unsure, contact the Clery Act Compliance Officer at (919) 546-8230

7. What if the student does not want me to provide their information to the police or if i do not know their name, do I still have to report?

Yes, you still have to report. Under the Clery Act, the name of the individual is not required. Please send the report with all of the information you have obtained.

8. If I am not a CSA, am I still required to report?

Though you are not legally obligated to report, it is highly encouraged.

9. What are the consequences for failing to report?

The US Department of Education assesses fines for violations of the Clery Act, the current amount is $54,789 per violation.


Campus Security Authority And Responsible Employee Chart

CAMPUS SECURITY AUTHORITY (CSA)

RESPONSIBLE EMPLOYEE (RE)

Definitions:

  • A CSA is defined by the Clery Handbook to include campus police/security, any employee with significant responsibility for students and campus activities.
  • CSAs have a legal obligation to notify Shaw University's Campus Police and Security of any Clery crimes made known to them.
  • At the request of the victim(s), identifying information may be excluded from the Report as long as the incident does NOT overlap with Title IX (sexual misconduct).

Definitions:

  • A Responsible Employee is a University employee who is not a confidential employee.
  • A Responsible employee is required to report to Shaw University’s Title IX Coordinator all relevant details about an incident of a prohibited conduct of a sexual nature that involves any student or employee.
  • Student-employees are considered Responsible Employees when disclosures are made to them in their capacities as employees.

See: Shaw Universities Sexual Misconduct Policy

Exemptions: Any individual who is acting as a professional or pastoral counselor at the time they receive a report is not considered to be a CSA and is not under a legal obligation to report.

Exemptions: Shaw Univesrity confidential sources:

  • Mental health counselors (Student Counseling Center)
  • University Health Center medical staff

Procedures

  • The first CSA who becomes aware of any crime, is responsible for notifying Shaw University's Campus Police and Security. If Campus Police and Security is already aware of the incident, CSAs are not required to report. However, when in doubt, report.
  • To report go to the Campus Police and Security page, complete the CSR Form to the best of your ability, scan and send to gwortham@shawu.edu.

Procedures:

  • Responsible Employees must promptly report to Shaw University's Title IX Coordinator all relevant details about an incident of sexual misconduct, sexual harassment or gender discrimination that involves any student or employee by emailing Lee.Wood@shawu.edu
  • Responsible employees interacting with a person disclosing an incident of prohibited conduct of a sexual nature should explain their obligation to provide Shaw University's Title IX Coordinator with all relevant details about the incident, offer available support resources, and provide assurance that only people who need to know will be told about the incident

On Campus Confidential Resources for Support

  • Human Resources - 919-546-8309
  • Counseling Center -  919-546-8525 
  • University Chaplain  - 919-546-8491
  • Wellness Medical Staff - 919-546-6324