The Clery Act for Study Abroad Trips

 
1
 
Lacey E. Kondracki
Police Inspector / USG Clery Coordinator
Safety and Security
 
The Clery Act – The Basics
Study Abroad Trips According to The Clery Act
What To Report and To Who?
 
Overview
 
2
 
20 U.S.C.  § 1092 (f)  Signed into law in 1990
Full Name “The Jeanne Clery Disclosure of Campus Security Policy
and Campus Crime Statistics Act”
Monitored by the Department of Education
Mandatory Requirements to include an Annual Report (Oct 1) ,
Crime Log, Timely Warnings/Emergency Notifications and Crime
Statistics
 
 
The Clery Act
 
3
 
Clery Crimes
 
 
 
 
The Clery Act
 
4
 
When specific crimes occur within the specific Clery geography:
Murder & Non-Negligent Manslaughter/ Murder by Negligence
Sex Offenses (Rape, Fondling, Incest, Statutory Rape)
Robbery
Aggravated Assault
Burglary
Motor Vehicle Theft
Arson
Hate Crimes
Liquor/ Weapons/ Drug Law Violations & Referrals
VAWA Crimes: Dating Violence, Domestic Violence and Stalking
 
The Clery Act
 
5
 
Clery Geography
 
On Campus (including Student Residence Halls)
Public Property
Non-Campus Property
“Any building or property owned or controlled by an institution 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”
 
The Clery Act
 
6
 
Considerations To Make
 
Repeated Use – 
Repeated Use – 
Every Year & Same Location (Hotel, Houses, etc)
Location matters not the students going
 
Short Stay Away Trips
Short Stay Away Trips
 
“Traditional” Study Abroad Programs
“Traditional” Study Abroad Programs
 
 
The Clery Act
 
7
 
Non Campus Property – Off Campus Trips
 
 
Off-campus trips have been clarified as follows 
“Repeated use of
a location for school-sponsored trip- institution sponsors
students on overnight trip every year and student in same hotel
each year, then statistics for common areas and rooms used by
students should be included as non-campus geography.” 
The key
is the use of the location by the institution not the number of
days or if used by the same people.
 
The Clery Act
 
8
 
Non Campus Property – Short Stay Trips
 
 
Short stay away trips have been clarified as follows 
“Institution sponsored short
stay away trips of more than one night for its students, all locations used by
students during the trip, controlled by the institution during the trip and used in
support of educational purposes should be treated as non-campus property. Any
classroom or housing space specified in the agreement between the institution and
the third party providing the space would also be non-campus property. If a third
party contractor entered into an agreement with institution to provide housing or
classroom space then assumed that institution under control of space.”
 
(An
example of third party 
no
 control would be a host institution making
arrangements for your institution to stay somewhere during a trip)
 
The Clery Act
 
9
 
Owning vs. Controlling Space
 
Owning
Owning
 – disclose crime statistics that occur within that space at ANY
time.
Controlling
Controlling
 – Informal or Formal Agreement – disclose crime statistics for
the dates, times, space contracted for in the agreement
.
Space Vs. Program Agreements 
Space Vs. Program Agreements 
– Is your contract for the physical location
or use of the program?
Third Party Leasing Agreements
Third Party Leasing Agreements
 
The Clery Act
 
10
 
Study Abroad:  Homestay vs. Staying at Hotel / Campus
 
Contracts
Contracts
“Significant Control”
“Significant Control”
Host Institutions Responsibilities
Host Institutions Responsibilities
 
The Clery Act
 
11
 
Know Your Role
 
Study Abroad Program Coordinator
Study Abroad Program Coordinator
Study Abroad Administrator / “Trip Facilitator or Chaperone”
Study Abroad Administrator / “Trip Facilitator or Chaperone”
Title IX vs. Clery
Title IX vs. Clery
Foreign Public Safety Departments vs. Your Campus
Foreign Public Safety Departments vs. Your Campus
 
The Clery Act
 
12
 
Know Your Role- Campus Security Authority
 
The Clery Act defines a Campus Security Authority as any employee:
 
To whom crimes should be reported
OR
 
Who has "significant responsibility” for student and campus activities.
 
The Clery Act
 
13
 
Know Your Role- Campus Security Authority
 
Campus Security Authorities are required to report crime
statistics to Campus Police. Crimes reported to a Campus
Security made "
in good faith
" need to be reported. "
In good
faith
” means there is a reasonable basis for believing that the
information is not simply rumor or hearsay. That is, there is
little or no reason to doubt the validity of the information.
A crime can be reported by a victim, witness, third party, or
even the offender.
 
The Clery Act
 
14
 
Know Your Role- Campus Security Authority
 
Get the facts - When, what, where, who, etc.
Report all Clery Act related crimes immediately to the
Campus Police Department so the campus can comply with
timely warning policies and have accurate crime statistics
for the annual security report
Inform victims of  their options, including confidential
reporting options and offer referrals to resources (e.g.,
campus assistance programs or counseling service, if
appropriate)
 
The Clery Act
 
15
 
Title IX vs. Clery
 
The Clery Act
 
16
 
Where To Find Me 
 
Lacey E. Kondracki
Lacey E. Kondracki
404 – 962 – 3177
404 – 962 – 3177
Lacey.Kondracki@usg.edu
Lacey.Kondracki@usg.edu
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The Clery Act, signed into law in 1990, mandates certain requirements to ensure campus safety and security, including reporting specific crimes within designated Clery geography. This Act applies to various locations such as on-campus, public property, and non-campus property, impacting study abroad programs and off-campus trips. Considerations for reporting and monitoring crimes, as well as the importance of location for repeated use, are crucial under the Clery Act.

  • Clery Act
  • Study Abroad
  • Campus Security
  • Off-Campus Trips
  • Crime Reporting

Uploaded on Jul 14, 2024 | 3 Views


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  1. The Clery Act & Study Abroad Trips Lacey E. Kondracki Police Inspector / USG Clery Coordinator Safety and Security 1

  2. Overview The Clery Act The Basics Study Abroad Trips According to The Clery Act What To Report and To Who? 2

  3. The Clery Act 20 U.S.C. 1092 (f) Signed into law in 1990 Full Name The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act Monitored by the Department of Education Mandatory Requirements to include an Annual Report (Oct 1) , Crime Log, Timely Warnings/Emergency Notifications and Crime Statistics 3

  4. The Clery Act Clery Crimes When specific crimes occur within the specific Clery geography: Murder & Non-Negligent Manslaughter/ Murder by Negligence Sex Offenses (Rape, Fondling, Incest, Statutory Rape) Robbery Aggravated Assault Burglary Motor Vehicle Theft Arson Hate Crimes Liquor/ Weapons/ Drug Law Violations & Referrals VAWA Crimes: Dating Violence, Domestic Violence and Stalking 4

  5. The Clery Act Clery Geography On Campus (including Student Residence Halls) Public Property Non-Campus Property Any building or property owned or controlled by an institution 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 5

  6. The Clery Act Considerations To Make Repeated Use Every Year & Same Location (Hotel, Houses, etc) Location matters not the students going Short Stay Away Trips Traditional Study Abroad Programs 6

  7. The Clery Act Non Campus Property Off Campus Trips Off-campus trips have been clarified as follows Repeated use of a location for school-sponsored trip- institution sponsors students on overnight trip every year and student in same hotel each year, then statistics for common areas and rooms used by students should be included as non-campus geography. The key is the use of the location by the institution not the number of days or if used by the same people. 7

  8. The Clery Act Non Campus Property Short Stay Trips Short stay away trips have been clarified as follows Institution sponsored short stay away trips of more than one night for its students, all locations used by students during the trip, controlled by the institution during the trip and used in support of educational purposes should be treated as non-campus property. Any classroom or housing space specified in the agreement between the institution and the third party providing the space would also be non-campus property. If a third party contractor entered into an agreement with institution to provide housing or classroom space then assumed that institution under control of space. (An example of third party no control would be a host institution making arrangements for your institution to stay somewhere during a trip) 8

  9. The Clery Act Owning vs. Controlling Space Owning disclose crime statistics that occur within that space at ANY time. Controlling Informal or Formal Agreement disclose crime statistics for the dates, times, space contracted for in the agreement. Space Vs. Program Agreements Is your contract for the physical location or use of the program? Third Party Leasing Agreements 9

  10. The Clery Act Study Abroad: Homestay vs. Staying at Hotel / Campus Contracts Significant Control Host Institutions Responsibilities 10

  11. The Clery Act Know Your Role Study Abroad Program Coordinator Study Abroad Administrator / Trip Facilitator or Chaperone Title IX vs. Clery Foreign Public Safety Departments vs. Your Campus 11

  12. The Clery Act Know Your Role- Campus Security Authority The Clery Act defines a Campus Security Authority as any employee: To whom crimes should be reported OR Who has "significant responsibility for student and campus activities. 12

  13. The Clery Act Know Your Role- Campus Security Authority Campus Security Authorities are required to report crime statistics to Campus Police. Crimes reported to a Campus Security made "in good faith" need to be reported. "In good faith means there is a reasonable basis for believing that the information is not simply rumor or hearsay. That is, there is little or no reason to doubt the validity of the information. A crime can be reported by a victim, witness, third party, or even the offender. 13

  14. The Clery Act Know Your Role- Campus Security Authority Get the facts - When, what, where, who, etc. Report all Clery Act related crimes immediately to the Campus Police Department so the campus can comply with timely warning policies and have accurate crime statistics for the annual security report Inform victims of their options, including confidential reporting options and offer referrals to resources (e.g., campus assistance programs or counseling service, if appropriate) 14

  15. The Clery Act Title IX vs. Clery 15

  16. The Clery Act Where To Find Me Lacey E. Kondracki 404 962 3177 Lacey.Kondracki@usg.edu 16

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