The Clery Act

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (or Clery Act) is a federal consumer protection law that aims to provide transparency around campus crime policy and statistics. The Clery Act was named in memory of 19-year-old Jeanne Ann Clery, a Lehigh University freshman who was raped and murdered in her residence hall room on April 5, 1986. Jeanne’s parents, Connie and Howard, learned that Lehigh University students had not been informed of the 38 violent crimes that occurred on the Lehigh campus in the three years before her murder. They eventually persuaded Congress to enact a law that would help mitigate future tragedies. The Clery Act is a consumer protection law that aims to provide transparency around campus crime policy and statistics.

The Clery Act requires institutions to:

• Record campus crimes in a daily log,
• Publish an annual security report (ASR) each year by October 1st containing the three previous calendar years’ worth of Clery crime statistics and summaries of existing campus safety policies and procedures,
• Identify campus security authorities (CSAs), individuals designated to receive and report information about certain crimes,
• Compile statistics of crimes that occurred within the institution’s Clery geography that meet the definition of Clery crimes and were reported to a campus security authority
• Issue timely warnings when a Clery crime reported to a CSA occurs within Clery geography and poses a serious or ongoing threat,
• Issue an emergency notification when there is an immediate threat to health or safety on campus,
• Conduct prompt, fair, and impartial disciplinary proceedings for dating violence, domestic violence, sexual assault, and stalking cases 
• Provide written explanations of one’s rights and options to victims of dating violence, domestic violence, sexual assault, and stalking 
• Offer prevention and awareness programs on dating violence, domestic violence, sexual assault, and stalking  to new and current students and employees on an introductory and ongoing basis. 

The Clery Act requires colleges and universities to keep a Daily Crime Log. The purpose of the log is to provide information regarding criminal or alleged criminal activity that is reported to the University and surrounding agencies. The Clery Coordinator maintains the Daily Crime Log and updates within two business days of being notified of an incident. It does not contain any identifying information about persons involved in an incident. It contains the nature of, the date of, the time of, and the general location of each incident. A hard copy of the Daily Crime Log may be obtained by contacting the Albany State University Police Department Clery Coordinator at Sammi.Yarbrough@asurams.edu.

Clery Geography is the geographic area for which Albany State University is responsible for disclosing crime statistics. The following areas describe Albany State University’s Clery Geography:

• On-Campus Residential: Inside residential halls.
  
  
• On-Campus: Everywhere else on campus.
  
  
• Non-Campus: Buildings or property owned and/or controlled by Albany State University that is used in direct support of/in relation to educational purposes, is frequently used by students and is not within the same reasonably contiguous geographic area of the university.
  
  
• Public Property: Property that is within, or immediately adjacent to, and accessible from the campus.
  

Wherever crimes occur, campus police and public safety departments must maintain a daily crime log of all reported crimes that fall within their jurisdiction. This crime log must be made available to the public during daily business hours. The digital version of the 2024 Daily Crime Log is located here. 

Please note: The term "off campus" typically evokes thoughts of private residences, apartments, houses, shopping centers, or bars. In the absence of a formal agreement for control between the institution and such spaces, these locations usually do not fall within the established Clery Geography categories. Consequently, incidents occurring in these places would not contribute to Clery crime statistics.

However, an important distinction exists in the form of the "non-campus” geography category. Non-campus geography pertains to buildings or property owned or controlled by the institution that are not reasonably contiguous to an on-campus buildings or property, yet still frequently used by students and used for educational purposes. Institutions have discretion in determining the distance they consider to be reasonably contiguous and are expected to apply that determination consistently across similar situations. This geography also includes property owned or controlled by student organizations officially recognized by the institution, such as Greek life or athletic teams. Albany State University has no officially recognized non-campus student organizations or student housing facilities. 

Clery Act Crimes include those offenses reported to the Albany State University Police Department, local law enforcement agencies, and designated Campus Security Authorities (including but not limited to directors, deans, department heads, housing staff, judicial affairs, advisors to student/student organizations, and athletic coaches).  

Clery Act Crimes include:

• Murder/Non-negligent Manslaughter
• Negligent Manslaughter
• Rape
• Fondling
• Incest
• Statutory Rape
• Robbery
• Aggravated Assault
• Burglary
• Motor Vehicle Theft
• Arson
• Destruction of Property/Vandalism (only if hate crime)
• Intimidation (only if hate crime)
• Larceny/Theft (only if hate crime)
• Simple Assault (only if hate crime)

A hate crime is defined as any crime that manifests evidence that a victim was selected because of his/her actual or perceived race; gender; gender identity; religion; sexual ori­entation; ethnicity; national origin or disability.  A hate crime is not a separate, distinct crime, but is the commission of a criminal offense which was motivated by the offender’s bias.  If the facts of the case indicate that the offender was motivated to commit the offense because of his/her bias against the victim’s perceived race; gender; gender identity; religion; sexual ori­entation; ethnicity; national origin or disability, the crime is classified as a hate crime. 

The Violence Against Women Act (VAWA) amendments to the Clery Act expand the rights afforded to campus survivors of sexual assault, domestic violence, dating violence, and stalking. Colleges and universities must include statistical data regarding incidents of VAWA Crimes. For Clery Reporting Purposes these crimes are defined as:

• Domestic Violence: Violence committed by a person who is a current or former spouse or intimate partner of the victim, who is cohabiting with, or has cohabited with, the victim as a spouse or intimate partner; or shares a child in common with the victim.
  
  
• 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.
  
  
• Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others; or suffer substantial emotional distress.

Institutions are required to disclose statistics regarding Arrests and Referrals for Disciplinary Action for the following crimes:

• Weapon Law Violations: The violation of laws or ordinances dealing with weapon offenses, regulatory in nature, such as: manufacture, sale, or possession of deadly weapons; carrying deadly weapons, concealed or openly; furnishing deadly weapons to minors; aliens possessing deadly weapons; all attempts to commit any of the aforementioned.

• Drug Abuse Violations: Violations of state and local laws relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs. The relevant substances include: opium or cocaine and their derivatives (morphine, heroin, codeine); marijuana; synthetic narcotics (Demerol, methadone); and dangerous non-narcotic drugs (barbiturates, Benzedrine).

• Liquor Law Violations: The violation of laws or ordinance prohibiting: the manufacture, sale, transporting, furnishing, possessing of intoxicating liquor; maintaining unlawful drinking places; bootlegging; operating a still; furnishing liquor to minor or intemperate person; using a vehicle for illegal transportation of liquor; drinking on a train or public conveyance; all attempts to commit any of the aforementioned. (Drunkenness and driving under the influence are not included in this definition).

The job of safety on campus does not rest solely in the hands of the Albany State University Police Department. It is a collaborative effort across campus. The Clery Act requires certain roles to pass along information about Clery Act crimes occurring within Clery geography to the college/university’s designated crime collection body – most often its campus police department. 

These roles are called campus security authorities or CSAs and are defined as being responsible for one or more of the following functions at an institution of higher education:

• Campus police or public safety department
• Having responsibility for campus security but not being part of a campus police or public safety department, for example, someone responsible for monitoring access to a building but not a campus police or public safety officer
• Someone identified as one to whom a crime can be reported
• Officials with significant responsibility for student or campus activities

The intent of including non-law enforcement personnel in the Campus Security Authority (CSA) role is to acknowledge that some community members and students in particular may be hesitant about reporting crimes, especially sexual violence, to the police. Because of this, victims of crime may turn to a trusted ASU employee for help and advice. For this reason, the Clery Act mandates that college campuses have CSAs in place.

Regardless of your status (CSA or non-CSA), all community members are encouraged to promptly report all campus related criminal incidents and other public safety emergencies to Albany State University Police by calling 229-430-4711.

 If you witness a crime in progress contact Albany State University Police by calling 229-430-4711 or 9-1-1 do not use the incident report form. The Clery Incident Report Form for Campus Security Authorities is located here.

Confidentiality is limited to that provided by law. Because police reports are public records under state law,
ASU PD cannot hold reports of crime in confidence. Confidential reports, for purposes of inclusion in the annual disclosure of crime statistics, can be made to Campus Security Authorities (as identified above) — excluding sworn members of the ASU PD. Accurate and prompt reporting will facilitate timely initiation of warnings and other appropriate emergency response procedures, and will also help ensure the accuracy of crime statistics compiled in compliance with the Clery Act.
Persons Exempt from Reporting Clery Reportable Crimes: Pastoral counselors and Professional counselors, as defined below, when acting as such, are not considered to be Campus Security Authorities and are not required to report crimes. The Institute encourages them, if and when they deem it appropriate, to inform persons being counseled of the procedures to report crimes on a voluntary basis for inclusion in the annual crime statistics.
Pastoral counselor is an employee of the Institute who is associated with a religious order or denomination, who is recognized by that religious order or denomination as someone who provides confidential counseling, and who is functioning within the scope of that recognition as a pastoral counselor.
Professional counselor is an employee of the Institute whose official responsibilities include providing psychological counseling and who is functioning within the scope of his or her license or certification.
Effective July 1, 2012, Georgia state law requires all Institute employees and volunteers who, in the course of their duties, suspect that a child has been abused on or off campus to report that abuse immediately to the ASU PD in person or by phone at 229-430-4711 or by dialing 9-1-1. Employees and volunteers must also report suspected child abuse to their supervisor, program director, or an Albany State University official as soon as possible. For more information, see the Protection of Non-Student Minors on Campus Policy here.

Albany State University has a responsibility to notify the campus community about any crimes that pose an ongoing threat to the community as well as for inclusion in the Annual Security & Fire Safety Report. Campus Security Authorities are obligated by federal law to report crimes to the Albany State University Police Department as soon as possible. 

The Role of a Campus Security Authority
Campus Security Authorities should not investigate crimes or attempt to determine whether in fact a crime occurred.  Rather, a Campus Security Authority’s obligation is to simply report the information that they have, as soon as possible.

 If you would like to schedule an in-person Campus Security Authority Training Session for your group, contact the Albany State University Police Department Clery Coordinator at Sammi.Yarbrough@asurams.edu.

USG Clery CSA Training Video 

Under the Clery Act, any student or employee who becomes a victim of dating violence, domestic violence, sexual assault, and/or stalking (whether on or off campus) has the right to receive written explanation of their rights and options. Victims are protected against retaliation by an institution, officer, employee, or agent of an institution for exercising their rights under the Clery Act.

Victims of dating violence, domestic violence, sexual assault, and stalking (DVSAS) have specific rights, options, and resources guaranteed to them by the Clery Act.

• Emergency Notification: The Institute will immediately notify the campus community after confirming that a significant emergency or dangerous situation involving an immediate threat to the health or safety of students, faculty, staff or visitors is occurring on the campus. In those instances, the Institute will, without delay, and taking into account the safety of the community, determine the content of the notification and activate the notification system.
  • However, if in the professional judgment of responsible authorities, issuing an emergency notification would compromise efforts to assist a victim or to contain, respond to, or otherwise mitigate the emergency, the notification may be delayed. In those cases, the Institute’s Chief of Police, or the ranking Police Department officer in charge during his/her absence, will be notified, and once the potentially compromising situation has been addressed the emergency notification will be issued immediately.
• Timely Warning: The Institute will notify the campus community of any Clery Act crime as soon as the information is available to enable people to protect themselves and/or their property from similar crimes only under the following conditions as determined by the Police Department:
  • There is a serious or continuing threat to the campus community AND
  • Issuing the timely warning will not compromise law enforcement efforts to address the crime.
  • All available information, both public and confidential, will be taken into consideration when determining if a serious or continuing threat exists. Those considerations include, but are not limited to, the relationship between victims and perpetrators, whether an arrest has been made that mitigates the threat and the amount of time that has passed between the commission of the crime and Police being notified of the crime. Although each case will be evaluated on an individual basis, in general a report that is filed more than five days after the date of the alleged incident may not allow Police to issue a “timely” warning.
  • If, in the professional judgment of the Police Department, issuing a timely warning notification would compromise efforts to address the crime, the notification may be delayed or information may be limited. In those cases the Institute’s Chief of Police, or the highest-ranking officer in charge, will be notified. Once the potentially compromising situation has been addressed, the timely warning notification will be issued immediately if the serious or continuing threat still exists.
  • The Albany State University Police Department may not necessarily issue timely warnings for every Clery Act criminal incident that is reported since that specific incident may not pose a continuing threat to the community. Individuals should exercise due care and caution to avoid being victimized. Check out the crime prevention tips posted by the Albany State University Police Department to deter these crimes.

To receive the Albany State University Timely Warnings and Emergency Notifications, update your information and download the LiveSafe App here. 

The Clery Act requires Albany State University to publish and distribute an annual report containing crime statistics for the 3 previous years, security-related policy statements and procedures, fire safety requirements, local regulations, as well as ongoing crime prevention and education programs to improve campus safety. A digital version of the Annual Security and Fire Safety Report is accessible online. A hard copy of the report may be obtained by contacting the Albany State University Police Department Clery Coordinator at Sammi.Yarbrough@asurams.edu. All prospective employees may obtain a hard copy from Human Resources located in the B.R. Tilley Academic Services K Building Room #111 on West Campus.

The most recent Annual Security and Fire Safety Report can be found here.